Acts and resolutions of the General Assembly of the state of Georgia 1955 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia HAPEVILLE: PRESS OF LONGINO PORTER. INC. 19550000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1955 19550000 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 1955 session were sent to the printer in the order in which they were released from the Governor's office. This made only a board classification possible. General Acts and Resolutions were grouped in one series beginning at page 1 and running through page 743. Local and special Acts and Resolutions were grouped in one series beginning at page 2000. There are no intervening pagaes between 743 and 2000. The index is in two parts: a board tabular index which attempts to supply some of the advantages to the user which 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 1955 JANUARYFEBRUARY SESSION HON. W. A. BLASINGAME MEMBER OF HIGHWAY BOARD. No. 1 (Joint Resolution No. 1). A Resolution. Be it resolved by the House of Representatives, the Senate concurring, that Honorable W. A. Blasingame of the County of Colquitt is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Southern Highway District, for the unexpired term of Honorable James L. Gillis, ending February 8, 1956. Be it further resolved that a copy of this resolution be delivered to His Excellency, The Governor, and the Secretary of State, and said Honorable W. A. Blasingame

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be commissioned as a member of the State Highway Board of Georgia from the Southern Highway District for the unexpired term of Honorable James L. Gillis, ending February 8, 1956. Approved January 29, 1955. STATE SCHOOLSMEMORIAL TO CONGRESS. No. 2 (House Resolution No. 23-54a). A Resolution. Memorializing Congress to call a convention for the considering of an amendment to the Constitution of the United States relative to the operation of State schools. Whereas, the National Government, through the use of various funds and agencies has greatly encroached, directly and indirectly, upon the operation of the State schools; and Whereas, the operation of State schools is, and should remain, an exclusive State function; and Whereas, the continued exercise of various means and methods by the National Government in controlling the operation of State schools tends to encroach upon an exclusive State right; Now, therefore, be it resolved by the General Assembly of Georgia, that the legislature of the State of Georgia respectfully petition the Congress of the United States to call a convention for the purpose of proposing the following Article as an Amendment to the Constitution of the United States: Article Section 1. Notwithstanding any provision in this

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Constitution, nothing shall, in any way, take away from, or in any manner deprive, the right of the several States of the Union to operate their school systems, and to have exclusive and complete power to regulate and to determine the rles and regulations for the conduct and operation of State schools. Section 2. Nothing herein shall prohibit any State from accepting aid in any form from the National Government. Proposed amendment to Federal Constitution. Section 3. This amendment shall be effective upon ratification by three-fourths of the several States. Be it further resolved, that the Congress of the United States be, and it hereby is, requested to provide as to the mode of ratification, that said amendment shall be valid to all intents and purposes, as part of the Constitution of the United States, when ratified by the legislatures of three-fourths of the several States. Be it further resolved, that a duly attested copy of this resolution be immediately transmitted to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States, and to each member of the Congress from the State of Georgia. Approved January 31, 1955. STONE MOUNTAIN MEMORIAL. No. 3 (House Resolution No. 35). A Resolution. Whereas, the incomplete and unsightly condition of the Stone Mountain Memorial has long weighed upon the pride and civic conscience of all Georgians, and Whereas, it is competently estimated that a completed

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Stone Mountain Memorial and Park would add a minimum of $500,000.00 per year to the State's revenue through sales and gasoline taxes alone, and Whereas, the acquisition and development of Stone Mountain by the State of Georgia will insure a lasting memorial and will provide a magnificent recreational area for countless thousands of Georgians and tourists for all time, and Whereas, the General Assembly has heretofore authorized and empowered the Budget Committee of the State to acquire the site and through long and patient negotiations between the Governor, the State Park Authority, and the owners of the Stone Mountain property, agreement has been reached between the State and the owners of three-fourths of the property whereby they will transfer their interest to the State at an agreed price, and Whereas, the State Park Authority has been promised a sufficient loan on a self-liquidating basis to complete the memorial carving and develop the surrounding park, and Whereas, delay in the acquisition of the property will make acquisition hereafter progressively more costly with each year that passes, and failure to complete this long cherished project through failure to agree on terms with the holder of a one-fourth interest would be regrettable and costly, Now therefore be it resolved by the House of Representatives, the Senate concurring, that the Governor is hereby urged to take what steps in his judgment are necessary, through negotiation or condemnation, to determine a fair and just price for the one-fourth interest in question and so acquire it for the State in order that the civic and economic welfare of our people may not be retarded and in order that the Stone Mountain Memorial be completed and the surrounding park be developed. Approved January 29, 1955.

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GARDEN CLUBS OF STATE COMMENDED. No. 4 (House Resolution No. 12). A Resolution. Commending the garden clubs of Georgia for their work in beautifying the State; and for other purposes. Whereas, the garden clubs of Georgia have performed a magnificent service in undertaking various projects for the beautification of our State; and Whereas, the members of such clubs have given unselfishly of their time and efforts in performing works of which every citizen of this State may be justly proud; and Whereas, the garden clubs of this State performed functions which are deserving of recognition, and State and local communities have been benefited immensely by the efforts of the members of such clubs; Now, therefore, be it resolved by the General Assembly of Georgia, that this body go on record as expressing its most heartfelt appreciation to the garden clubs of Georgia for their wonderful work in beautifying our great State. Approved January 29, 1955. BUST OF STONEWALL JACKSON IN HALL OF FAME. No. 5 (House Resolution No. 48). A Resolution. Recommending the placing of a bust of Stonewall Jackson

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in the Hall of Fame in New York City; and for other purposes. Whereas, Thomas Jonathan Jackson, better known as Stonewall, was a great American and Christian; and Whereas, he was one of the greatest generals the world has ever known and his genius as a military strategist has caused such strategy to be studied the world over; and Whereas, he is deserving of proper recognition, and the United Daughters of the Confederacy have undertaken the project of getting a bust of Stonewall Jackson placed in the Hall of Fame in New York City; and Whereas, the United Daughters of the Confederacy will underwrite the cost of such bust and such project will be without expense to the State of Georgia; and Whereas, this undertaking is admirable and praiseworthy; Now, therefore, be it resolved by the General Assembly of Georgia, that this body go on record as heartily endorsing the aforesaid project, and commending the United Daughters of the Confederacy for their efforts in this matter, and authorizing the United Daughters of the Confederacy to inform the proper authority that such project has the wholehearted endorsement of the representatives of the people of this State. Approved January 29, 1955.

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STATE SCHOOL SYSTEMSPROPOSED AMENDMENT TO FEDERAL CONSTITUTION. No. 6 (House Resolution No. 31-84a). A Resolution. Memorializing Congress to call a convention for the purpose of considering an amendment to the Constitution of the United States relative to the administration by the several States of their respective school systems. Whereas, recent decisions of the Supreme Court of the United States have tended to withdraw from the soverign States the power to administer their respective school systems in a fashion never contemplated by the ratifiers of the Fourteenth Amendment; and Whereas, this unconscionable usurpation of power, if not restricted, will ultimately result in the destruction of every vestige of State supported and regulated public education. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of Georgia respectfully petition the Congress of the United States to call a convention for the purpose of proposing the following Article as an amendment to the Constitution of the United States: Article Section 1. Anything in this Constitution to the contrary notwithstanding, the several States shall have exclusive authority to regulate, administer and operate their respective educational systems as they may deem necessary and proper, and neither the Congress, the President, nor anything in this Constitution shall in anywise interfere therewith or otherwise affect same. Section 2. The Supreme Court, the several District Courts and Courts of Appeal, and any and all other

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Federal judicial tribunals, quasi-judicial tribunals, and all administrative or executive agencies, shall have no jurisdiction to decide or consider, either originally, on appeal, or by other means of review, any matter drawing in question the administration by the several States of their respective educational systems. Be it further resolved, that the Congress of the United States be, and it hereby is, requested to provide as the mode of ratification that said amendment shall be valid to all intents and purposes, as part of the Constitution of the United States, when ratified by the legislatures of three-fourths of the several States. Be it further resolved, that a duly attested copy of this resolution be immediately transmitted to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States and to each member of the Congress from the State of Georgia. Be it further resolved, that a duly attested copy of this resolution be immediately transmitted to the Governor of every state and the President of the State Senate of every State and the Speaker of the House of every State for the express purpose of encouraging these sovereign States to take similar action in their legislatures. Approved January 29, 1955. MILITARY FORCES REORGANIZATION ACT. No. 1 (House Bill No. 36). An Act to reorganize the military forces of the State; to conform the organization, training and discipline to the requirements of the United States; to revise the military laws and make of force a military code; to provide penalties for the violation thereof; to provide for

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the issuance of regulations thereunder; to make of force a code of military justice; to provide penalties for the violation thereof; to authorize counties and cities to make appropriations; to provide military leave for public offices and employees, to repeal the Military Forces Reorganization Act, approved February 19, 1951 (Ga. L. 1951, p. 311) and all Acts amendatory thereof; to establish a Department of Defense; to provide for administration and finance of the military; and for other and related purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act entitled An Act, to reorganize the military forces of this State, to conform the organization and discipline to the requirements of the United States; to revise the military laws and make of force a military code; to provide penalties for the violation thereof; to provide for the issuance of regulations thereunder; to authorize counties and cities to make appropriations; to repeal the Military Forces Reorganization Act, approved August 21, 1916, (Ga. L. 1916, p. 158) and all Acts amendatory thereof; to establish a Department of Public Defense; and for other and related purposes, approved February 19, 1951 (Ga. L. 1951, p. 311), and all Acts amendatory thereof, are hereby repealed in their entirety. Acts repealed. Section 2. Short Title. This Act may be cited as the Georgia Military Forces Reorganization Act of 1955. INDEX. Article I. Militia of the State. Article II. Military administration. Article III. The organized militia. Article IV. Officers of the organized militia. Article V. Enlisted Personnel of the organized militia.

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Article VI. The Georgia State Guard. Article VII. Code of military justice. Article VIII. Appropriations and finance. Article IX. Armories and other facilities. Article X. Pay and allowances. Article XI. Privileges, prohibitions. Article XII. Flags. Article XIII. Powers of the organized militia on active service or active duty. Article XIV. Miscellaneous provisions. Article XV. Crimes. ARTICLE I. THE MILITIA OF THE STATE. Section 3. Definitions. a. The term national guard shall mean the Georgia national guard the composition of which is set forth in Section 4 of this Act. b. The term naval militia shall mean the Georgia naval militia as may be organized hereafter. c. The terms military and military and naval shall mean army or land, air or air force and navy or naval. Definitions. d. The term military (including air) or military or naval shall mean army or land, air or air force or navy or naval. e. The term military service of the State as to military personnel shall mean service in or with a force of the organized militia or in the Military Division, Department of Defense. f. The terms active service and active duty shall mean military duty in or with a force of the organized

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militia (not including the active national guard) or in the Military Division, Department of Defense, either in full-time status or in a part-time status, depending upon the conditions under which the duty is performed. g. The term on the active list shall mean on the rolls of a force of the organized militia, not including the inactive national guard. h. The terms active military service of the United States and in the armed forces of the United States shall mean full time duty in the army, navy (including marine corps), air force or coast guard of the United States. i. The terms organized militia, all or any part of the organized militia, organized militia or any part thereof, any force of the organized militia, and organized militia or any force thereof, whenever used in this Act, unless a different meaning is plainly required by the context shall mean severally, the army national guard, the air national guard, the Georgia naval militia when organized, the Georgia state guard when organized, and shall be deemed to include any unit, component, element, headquarters, staff or cadre thereof as well as any member or members. j. The term officer or commissioned officer whenever used in this Act, unless a different meaning is plainly required by the context, shall be deemed to include warrant officers. Section 4. Militia of the State: Division and composition. a. The militia of the State shall be divided into the organized militia, the State reserve list, the State retired list and the unorganized militia. b. The organized militia shall be composed of: an army national guard and an air national guard, which forces, together with an inactive national guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Georgia

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national guard; the Georgia naval militia, whenever such a State force shall be duly organized; the Georgia state guard, whenever such a State force shall be duly organized. Organized militia. c. The State reserve list and the State retired list shall include the persons who are lawfully carried thereon on the effective date of this Act and such persons who may be transferred thereto or placed thereon by the Governor in accordance with the provisions of this Act. Reserve list. d. The unorganized militia shall consists of all ablebodied male residents of the State between the ages of seventeen and forty-five who are not serving in any force of the organized militia or who are not on the State reserve list or the State retired list and who are, or who have declared their intention to become, citizens of the United States, subject, however, to such exemptions from military duty as are created by the laws of the United States. Unorganized militia. Section 5. Commander-in-Chief: Regulations; registration . a. The Governor shall be the commander-in-chief of the militia of the State. The Governor is hereby authorized to issue regulations for the government of the militia. Regulations issued by the Governor shall have the same force and effect as the provisions of this Act but they shall conform to the laws and regulations of the United States relating to the organization, discipline and training of the militia, to the provisions of this Act and, as nearly as practicable to the laws and regulations governing the army, navy and air force of the United States. The rules and regulations in force at the time of the passage of this Act, not inconsistent with its provisions, shall remain in force until new rules and regulations are approved and promulgated. Commander-in-Chief Regulations. b. Whenever he shall deem it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by regulations issued pursuant to this section. Registration.

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Section 6. Militia call by the United States . When the militia of the State is called forth under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary, and if the number available is insufficient, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia. During the absence of the organized militia in the service of the United States, their State designations shall not be given to new organizations. Militia call by U. S. Section 7. Ordering organized militia into active State service . a. The Governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency, to order into the active service of the State for such period, to such extent and in such manner as he may deem necessary all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States army, navy, or air force commander in charge of the defense of any area within the State which is invaded or attacked or is or may be threatened with invasion or attack. Call by Governor. b. Whenever any judge of a superior, city or county court, sheriff, or mayor of a municipality, whose authority shall rank in the order named, shall apprehend the outbreak of insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence within the jurisdiction of which such officer is by law the conservator of the peace, or in the event of disaster or other grave emergency, it shall forthwith become the duty of the judge, sheriff or mayor, when it appears that such unlawful combination or disaster has progressed beyond the control of the civil authorities, to notify the Governor, and the Governor may then, in his discretion, if he deems the apprehension well founded or the disaster or emergency of sufficient magnitude

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order into the active service of the State, for such period, to such extent, and in such manner as he may deem necessary, all or any part of the organized militia. c. When the Governor orders into the active service of the State all or any portion of the organized militia as herein provided, he shall declare a state of emergency in such locality and it shall be the duty of the Governor to confirm such declaration and order in writing which shall state the area into which said force of the organized militia has been ordered. d. The compensation of all officers and enlisted men, while on duty or assembled pursuant to this section shall be paid in the manner prescribed by Section 75 of this Act. Section 8. Power of Governor to declare martial rule . Whenever any portion of the organized militia is employed pursuant to Section 7 of this Act, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the area in which the troops are serving or any specified portion thereof, to be under martial rule; which proclamation shall define the area which is under martial rule. Martial rule. Section 9. Organizations from the unorganized militia and volunteers therefor . To the extent permitted by the Constitution and laws of the United States, the Governor may order, authorize or recognize organizations of the unorganized militia, or of designated classes thereof, or of volunteers therefor, as he may deem to be for the public interest, and may prescribe therefor such parts of the regulations governing the organized militia as may be applicable thereto or establish such regulations therefor, or both, as he may deem proper, and he may provide for the separate organization of the unorganized militia, and authorize the enlistment in such organizations of persons volunteering for such service, not otherwise subject to military duty under Section 4 of this Act. Unorganized militia. Section 10. Draft of unorganized militia . a. Whenever

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it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof, or to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or he may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the organized militia or any force thereof. Draft of unorganized militia. b. Whenever it shall be necessary in time of war or in case of invasion, disaster, or other like emergency, or imminent danger thereof, the Governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted under such regulations as he may prescribe into the active service of the State, to serve as directed by him. c. Whenever members of the unorganized militia are drafted into the active service of the State they shall serve for such period as the Governor may direct, not to exceed the duration of the emergency for which they may be drafted. The compensation of all members of the unorganized militia, while on duty or assembled pursuant to this section shall be paid in the manner prescribed by Section 75 of this Act. Section 11. Failure to appear for registration or draft. It shall be unlawful for any member of the unorganized militia who is ordered to register or to be drafted under the provisions of Section 5 and 10 of this Act to fail to appear at the time and place designated in such order. Failure to appear. Section 12. Personal aides-de-camp. The Governor's personal staff shall consist of one chief of aides-de-camp, with rank of colonel; two assistant chiefs of aides-de-camp, with rank of colonel; a maximum of twenty aides-de-camp for each congressional district, or the total equivalent to such number, with the rank of lieutenant

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colonel; the selection without regard to previous military service, sex, or age limit; commissions of all of these officers to expire with expiration of the term of the Governor making the appointment. Officers of the national guard shall be eligible to appointment to any of the places or the offices above provided for, but such appointments shall not vacate or affect their status as commissioned officers in the national guard in which they are serving. The aides-de-camp shall perform such personal and ceremonious duties pertaining to their office as may be required of them by the Governor. Governor's staff. Section 13. Naval Advisor and aide-de-camp. The Governor shall appoint a naval advisor and aide-de-camp, with the rank of captain. No person shall be eligible to hold the office of naval advisor unless he has held a commission in the United States naval service of the rank of lieutenant commander or above and served not less than two years therein. The naval advisor shall perform such services and duties as the Governor may require, his commission to expire with the expiration of the term of the Governor making the appointment. Naval advisor. Section 14. State reserve list. a. Any commissioned or warrant officer of the organized militia may be transferred to the State reserve list on his own request approved by the Adjutant General. State reserve list. b. Any commissioned or warrant officer of the organized militia who has been rendered surplus by reduction, disbandment or reorganization of a unit or denial, withdrawal or termination of his Federal recognition or for any other reason, unless transferred to the inactive national guard, may be relieved from duty or command and may be transferred to the State reserve list. c. Any person who has served as a commissioned or warrant officer in the organized militia or in the armed forces of the United States and has been honorably discharged therefrom may be commissioned and placed on the State reserve list in the highest grade previously held by him after complying with such conditions as may be

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prescribed by regulations issued pursuant to this Act. d. Upon the recommendation of the Adjutant General the Governor may order any person on the State reserve list to active duty in or with the organized militia for a period not to exceed three months, in which case such person shall rank in his grade from the date of such order. State reserve list. e. Time spent on the State reserve list shall not be credited in the computation of seniority, pay, length of service for promotion or otherwise, or retirement or any of the privileges and exemptions pertaining thereto, except that the time during which he served on active duty by order of the Governor shall be so credited. f. The provisions of this Act relative to the resignation, retirement, court-martial, dismissal or discharge of commissioned or warrant officers of the organized militia including dismissal or discharge on the findings of an efficiency or medical examining board shall be applicable to commissioned or warrant officers on the State reserve list. Section 15. State retired list: a. Any member of the organized militia who has reached the age of sixty-four years shall be retired for age and transferred to the State retired list by the Governor; provided, that any member of the organized militia may be retired for age at an age less than sixty-four years in order to conform with the laws and regulations of the United States applicable to the organized militia and may be transferred to the State retired list by the Governor. State retired list. b. Any officer who has served for at least twenty years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the State retired list by the Governor in a grade one grade higher than the highest grade previously held by him during such service. In computing such twenty-year period, service as an enlisted man shall be counted.

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c. Any warrant officer or enlisted person who has served for at least twenty years in the organized militia, or in the organized militia and the armed forces of the United States combined, upon his request may be transferred to the State retired list by the Governor in a grade equivalent to the highest grade held by him during such service. If said grade was of officer grade the provisions of subsection b of this section will govern. d. Upon the recommendation of the Adjutant General, the governor may order any person on the State retired list to active duty for the purpose of serving on military courts or boards or performing staff duty in or with the organized militia and in time of emergency to perform any military duty in or with the organized militia. In any such case, the person so ordered shall rank in his grade from the date of such order. e. Time spent on the State retired list shall not be credited in the computation of seniority, pay, length of service for promotion or otherwise, or any of the privileges and exemptions pertaining thereto, except that the time during which he served on active duty by order of the Governor shall be credited. Section 16. Service without the State: Application of this Act. a. The Governor may order the organized militia or any part thereof to serve outside the borders of the State or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools. Service without the State. b. The provisions of this Act shall apply to the members of the organized militia while serving without the State and while going to and returning from such service without the State in like manner and to the same extent as while serving within the State. Section 17. Service of military forces outside of State; fresh pursuit beyond State. a. Upon the request of the

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Governor of another State, the Governor may in his discretion order all or any portion of the organized militia to assist the military or police forces of such other State who are actually engaged in defending such other State. Such forces may be recalled by the Governor at his discretion. Same. b. Any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this State into another State until they are apprehended or captured by such organization, unit or detachment, or until the military forces of the other State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; provided, such other State shall have given authority by law for such pursuit by such forces of this State. Any such persons who shall be apprehended or captured in such other State by an organization, unit or detachment of the forces of this State shall, without un-necessary delay, be surrendered to the military or police forces of the State in which they are taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such persons for any crime committed in this State. Fresh pursuit beyond State. Section 18. Foreign forces, entry into State; fresh pursuit into Georgia by military forces of other States. a. The Governor may in his discretion request the Governor of another State to order all or any portion of the organized militia of such other State to assist the military or police forces of this State who are actually engaged in defending this State. b. Any military forces or organization, unit or detachment thereof of another State who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this State until the military or police forces of this State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons

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and are hereby authorized to arrest or capture such persons within this State while in fresh pursuit. Any such persons who shall be captured or arrested by the military forces of such other State while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law. This section shall not be construed so as to make lawful any arrest in this State which would otherwise be unlawful. Fresh pursuit into Georgia. Section 19. Compacts for military aid. a. The Governor is authorized to enter into, amend, supplement and implement agreements or compacts with the executive authorities of other States providing for mutual military aid, and matters incidental thereto, in case of invasion or other hostile action, disaster, insurrection, or imminent danger thereof. Compacts for military aid. b. Such agreements or compacts may include but shall not be limited to provisions for joint military action against a common enemy, for the protection of bridges, tunnels, ferries, pipelines, communication facilities and other vital installations, plants and facilities; for the military support of civil defense agencies; for the fresh pursuit, by the organized militia or military forces or any part thereof of a State into the jurisdiction of any other State, of persons acting or appearing to act in the interest of an enemy government or seeking or appearing to seek to overthrow unlawfully the government of the United States or any State; for the powers, duties, rights, privileges and immunities of the members of the organized militia or military forces of any State while so engaged outside their own jurisdiction; for such other matters as are of military nature, or incidental thereto, and which the Governor may deem necessary or proper to promote the health, safety, defense and welfare of the people of this State; for the allocation of all costs and expenses arising from the planning and operation of such agreements or compacts.

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ARTICLE II. MILITARY ADMINISTRATION. Section 20. Department of Defense. There shall be an agency of the State government to be known as the Department of Defense of the State of Georgia, which shall be composed of the military agency as provided in the laws of this State, and the civil defense agency as provided in the laws of this State. The Adjutant General shall be the executive head of the Department of Defense. The term Department of Defense shall include the term Department of Public Defense whenever the latter appears in the laws of this State. Department of Defense. Section 21. Military Division. There shall be within the Department of Defense as a division thereof, a State military agency, which shall be styled and known as the Military Division, Department of Defense, with the Adjutant General as the executive head thereof. The term Military Division shall include the term Military Department, wherever the latter now appears in the laws of this State. Military Division. Section 22. Administration of militia. The militia of the State shall be commanded and its affairs administered pursuant to law by the Governor, as commander-in-chief, through the Department of Defense and the Military Division thereof, which shall consist of the Adjutant General, two Assistant Adjutants General and such other officers and such enlisted personnel and civilian employees as the Adjutant General shall from time to time prescribe; provided, however, that nothing herein shall be construed to prejudice the status under the merit system of the State of any person employed in the Military Division, Department of Defense. Such other officers and such enlisted personnel and civilian employees shall perform such duties as may be required by the Adjutant General, and he shall fix their compensation, subject to the provisions of the merit system of the State. Administration of militia. Section 23. The Adjutant General: eligibility: appointment:

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compensation: bond . There shall be an Adjutant General of the State who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and who shall serve as such at the pleasure of the Governor. The Adjutant General shall have the rank of a major general. No person shall be eligible to hold the office of Adjutant General unless he holds or has held a commission of at least field grade or the equivalent in the organized militia of the State, or in the armed forces of the United States, or in a reserve component thereof, and shall have served not less than five years in one or more of such services, and shall be not less than 30 nor more than 60 years of age at the time of his appointment. After appointment, the Adjutant General shall reside in Fulton County or a county adjacent thereto, in order that he may be available for emergency duties. The Adjutant General shall receive the pay and allowances of a brigadier general as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the Adjutant General to give bond to the State in the sum of $10,000.00 and with good and sufficient security, to be approved by the Governor, faithfully to discharge the duties of his office. Adjutant General. Section 24. Duties of the Adjutant General; Records of office as evidence . The Adjutant General shall be chief of staff to the Governor and subordinate only to the Governor in matters pertaining to the Department of Defense and the military and naval affairs of the State. Whenever the Governor and those who would act in succession to him under the Constitution and laws of the State shall be unable to perform the duties of commander-in-chief, the Adjutant General shall command the militia. It shall be the duty of the Adjutant General to direct the planning and employment of the forces of the organized militia in carrying out their State military mission; to establish unified command of State forces whenever they shall be jointly engaged; to coordinate the military and naval affairs with the civil defense of the State. He shall be custodian of all military records and shall keep the same indexed and available for ready reference. He shall

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keep an itemized account of all monies received and dispersed from all sources and shall make an annual report to the Governor on the condition of the organized militia with a roster of all commissioned officers and such other matters relating to the Military Division, Department of Defense, as he shall deem expedient. He shall cause the laws and regulations relating to the militia to be indexed, printed, and bound and distributed to all forces of the organized militia. The Adjutant General shall further perform such duties pertaining to his office as from time to time may be provided by the laws, rules and regulations of the United States and such as may be designated by the Governor. He shall have a seal of office approved by the Governor, and all copies and papers in the Military Division, Department of Defense, duly certified and authenticated under said seal shall be evidence in like manner as if the original were produced. Duties. Records. Section 25. Assistant Adjutants General; eligibility, appointment, compensation and tenure . The Governor shall appoint an Assistant Adjutant General for Army and an Assistant Adjutant General for Air, to assist the Adjutant General in the discharge and performance of his duties. The Assistant Adjutant General for Army shall be upon appointment a federally recognized officer of the army national guard of rank of colonel or above and the Assistant Adjutant General for Air shall be upon appointment a federally recognized officer of the air national guard of the rank of colonel or above. Each of the said Assistant Adjutants General shall have the rank of brigadier general. Each of said officers shall receive the pay and allowance of a lieutenant colonel as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the Adjutant General, the Assistant Adjutant General, senior in rank, shall perform the duties required of the Adjutant General in connection with the military division, but he shall perform no duties in connection with the civil defense division as provided by law. Assistant Adjutants General shall hold no other State office and they shall be covered under the merit system of the State. Assistant Adjutants General.

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Section 26. State Quartermaster; duties, bond . The Adjutant General may appoint, designate, or detail, subject to the approval of the Governor, an officer of the organized militia as the State Quartermaster, who shall have charge of and shall issue and be accountable, under the Adjutant General, for all State military property and shall make such property returns and reports of the same as the Adjutant General may direct. He shall be under bond to the State for such amount as the Governor may deem necessary. The Adjutant General shall fix his compensation. The United States property and fiscal officer for Georgia or anyone acting in that capacity, may be designated as the State Quartermaster. Quartermaster. ARTICLE 3. THE ORGANIZED MILITIA. Section 27. The army national guard . The land force of the organized militia shall be the army national guard and shall comprise the army units which are a part of the Georgia national guard at this date and such other army units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the army national guard shall be federally recognized as such. Army national guard. Section 28. The air national guard . The air force of the organized militia shall be the air national guard and shall comprise the air units which are a part of the Georgia national guard at this date and such other air units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the air national guard shall be federally recognized as such. The army aviation units of the national guard shall not be considered air units within the meaning of this Act. Air national guard. Section 29. The Georgia naval militia . a. The naval force of the organized militia shall be the Georgia naval militia and shall comprise the units and personnel forming

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the naval militia of the State as may be organized hereafter, including the personnel who are enlisted, appointed, or commissioned therein; provided, that all persons who shall become members of the Georgia naval militia shall be members of the United States naval reserve or the United States marine corps reserve. Naval militia. b. Should units of the naval militia be tendered to the State by the United States, the Governor is authorized in his discretion to accept them and to organize the Georgia naval militia in accordance with the laws of the United States and regulations issued thereunder. Section 30. The Georgia State guard . The Georgia State guard, whenever such a State force shall be duly organized under the constitution and laws of the United States and of the State, shall be a force of the organized militia and shall be commanded by a brigadier general. State guard. Section 31. Organization and training . The forces of the organized militia shall be organized, armed, disciplined, governed, administered, and trained as prescribed by the laws of the United States and by this Act and the regulations issued thereunder. Organization and training. Section 32. Assemblies, annual training and other duty . a. Members and units of the organized militia shall assemble for drill, or other equivalent training, instruction or duties during each year and shall participate in field training, encampments, maneuvers, schools, conferences, cruises or other similar duties each year as may be prescribed by the laws of the United States and of this Act and the regulations issued thereunder; provided, that no assembly of any unit of the organized militia shall be ordered in time of peace for any day during which a State or Federal election shall be held, except in case of disaster, riot, invasion or insurrection or imminent danger thereof. Assemblies, annual training etc. b. Members of the organized militia may be ordered by the Governor or under his authority to perform special duty, including but not limited to duty in a judicial proceeding

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or course of justice conducted pursuant to Article VII of this Act or as a member of or in any other capacity with any military board or as an investigating officer or as a medical examiner. Section 33. Maintenance of militia units . Unless the same shall be furnished by the United States, counties, or municipal corporations, the State shall provide armory accommodations, bases, camps, target ranges, mooring and other facilities and shall maintain the same for units of the army national guard, the air national guard and the naval militia allotted to the State under the laws of the United States, accepted by the Governor and organized under the authority of this Act. Maintenance of militia units. Section 34. Organization of militia units . The Governor shall confirm the organization of the Georgia national guard and the Georgia naval militia, including the composition of all units thereof, to the organization of national guard and naval militia units prescribed by the laws of the United States and the regulations issued thereunder. For that purpose, the Governor is hereby authorized to organize, reorganize, or disband any unit, headquarters or staff therein; to increase or decrease the number of commissioned officers, commissioned warrant officers, warrant officers, petty officers and noncommissioned officers of any grade therein; and to increase or decrease the strength of the Georgia national guard and the Georgia naval militia provided, that no organization of the Georgia national guard the members of which shall be entitled to and shall have received compensation under the provisions of the Act of Congress approved June three, nineteen hundred sixteen, as amended, (32 U.S.C. 16) shall be disbanded without the consent of the President of the United States, nor, without such consent, shall the commissioned or enlisted strength of any organization in the Georgia national guard be reduced below the minimum that shall be prescribed therefor by the President of the United States. Their organization. Section 35. Inactive national guard . The inactive guard shall consist of the persons commissioned, appointed

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or enlisted therein at this date, such officers and enlisted men as may be hereafter transferred thereto from the army national guard and the air national guard and such persons as may be enlisted therein under the laws of the United States and the regulations issued thereunder. Inactive national guard. Section 36. Credit for active Federal service . For all purposes under this Act, members of the organized militia who entered the active military service of the United States in time of war or under a call, order or draft by the President or who hereafter enter such service under like conditions or who enter and serve on active duty in the military service of the United States in time of peace and who thereafter return to the military service of the State, shall be entitled to credit for time so served as if such service had been rendered to the State. Credit for active Federal service. Section 37. Resumption of membership in organized militia by national guard personnel on release from active Federal service . Upon their release from the active service of the United States, commissioned officers, warrant officers, and enlisted personnel of the organized militia who have been in the active military service of the United States under call or order into such service, shall resume their membership in the organized militia, as provided in the laws of the United States, regulations issued pursuant thereto, and regulations issued pursuant to this Act. National guard personnel released from Federal service. Section 38. Purchase and issue of military property . a. Under the direction of the Governor the Adjutant General shall authorize the purchase of such military property as may be required for the use of the organized militia. In extreme emergencies, however, the commanding officer of any force of the organized militia on active service may purchase such necessities as are required for the immediate use and care of his command. A report of such purchases shall be made forthwith to the Adjutant General. Military property. b. No military property shall be issued to persons or

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organizations other than those belonging to the organized militia, and such forces as may be organized pursuant to the provisions of Section 9 of this Act. Obsolete ordnance property of the State, however, may be issued by the Adjutant General with the approval of the Governor, to municipalities and to educational, patriotic and charitable organizations under such conditions as may be prescribed by regulations issued pursuant to this Act. Section 39. Responsibility for military property and funds; bond, action by Attorney General . a. Military property of the State and of the United States shall be issued, safeguarded, maintained, accounted for, inventoried, inspected, surveyed and disposed of as provided in applicable laws of the United States, regulations issued thereunder and regulations issued pursuant to this Act. b. Every officer of the organized militia responsible for military property or funds of the State or of the United States shall give bond to the State in such amount as shall be determined by the Adjutant General, with good and sufficient security, to be approved by him, conditioned upon the safe keeping, proper use and care and prompt surrender of such property or funds for which he may be properly responsible. The premiums for such bonds to be paid from the funds of the Military Division, Department of Defense. Bonds. c. When military property is lost, damaged or destroyed through the negligence or fault of a member of the organized militia, the amount determined as the value of such property or the cost of repairing the same may be collected from any pay or allowance due or to become due him from the State. Lost or damaged property. d. An action may be maintained in the name of the State in any court having jurisdiction thereof by the Attorney General upon the request of the Adjutant General to recover from a member or former member of the organized militia found responsible for military property lost, damaged or destroyed through his negligence or

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fault the amount determined as the value of such property or the cost of repairing the same. Actions. ARTICLE IV. OFFICERS OF THE ORGANIZED MILITIA Section 40. Appointment of commissioned officers . a. All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve. In the filling of vacancies, preference shall be given to personnel of the organized militia of the State when they are otherwise qualified. Commissioned officers. b. No commissioned officer of the organized militia shall be removed unless by reason of: resignation; approval of the findings of an efficiency board; approval of the findings of a medical examining board; withdrawal of his Federal recognition; the sentence of a courtmartial; absence without leave for three months. Appointment. Section 41. Qualifications . a. No person shall be appointed or promoted as a commissioned officer of the organized militia unless he shall have passed such examination as to his physical moral and professional qualifications as may be prescribed by the laws of the United States and by this Act and the regulations issued thereunder. No person shall be recognized as a commissioned officer of the organized militia and no appointment as such shall become effective until he shall have taken and subscribed an oath of office. Qualifications. b. Any person who has been dismissed or discharged from the organized militia of this or any other State or from the armed forces of the United States or any reserve component thereof, under other than honorable conditions, and has not been restored to duty, shall not be eligible for appointment as a commissioned officer in any force of the organized militia.

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Section 42. Assignment and transfer of officers . Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the army national guard, to and from units within the air national guard, and to and from units within the Georgia naval militia as prescribed by the laws of the United States and by this Act and by the regulations issued thereunder. Assignment and transfer. Section 43. Oath of office . Every commissioned officer of the organized militia shall take and subscribe the oath of office prescribed for officers of the organized militia by the applicable laws of the United States and regulations issued pursuant to this Act. Such oath shall be taken and subscribed before an officer of the organized militia authorized to administer oaths as provided in this Act, or before a notary public or other officer authorized by the laws of this State to administer oaths. Oath. Section 44. Uniforms . Every commissioned officer shall provide himself with such uniforms and articles of equipment as may be prescribed by regulations issued pursuant to this Act. Uniforms. Section 45. Efficiency and medical examining boards . a. The efficiency, moral character and general fitness for retention in the organized militia of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation unless unavailable. Examining boards. b. The physical fitness for further service of any commissioned officer in the organized militia may be investigated and determined by a medical examining board of officers. c. Efficiency and medical examining boards shall be appointed by the Governor upon the recommendation of the Adjutant General; provided, that whenever an examining board shall be appointed for the purpose of determining the fitness of any officer for continued Federal recognition, such board shall be appointed by

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the commander designated in the applicable laws of the United States and the regulations issued thereunder. Section 46. Efficiency and medical board: procedure . Efficiency and medical examining boards appointed by the Governor are hereby vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable laws of the United States and the State and the regulations issued thereunder. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses and to call witnesses in his behalf. He shall at all stages of the proceeding be allowed full access to records pertinent to his case and be furnished with copies of the same. Failure to appear before any such examining board shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or by the Governor, the Governor shall relieve the officer from duty and shall give him a discharge in such form as may be appropriate; provided, that if the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the State reserve list or the State retired list in accordance with the provisions of this Act. Procedure. Discharges. Section 47. Resignations; unassigned list . a. A commissioned officer of the organized militia may tender his resignation at any time to the Governor. If the Governor shall accept the resignation, the officer shall receive an honorable discharge but if the officer tendering his resignation shall be under arrest or if charges have been preferred against him for the commission of an offense punishable by a court-martial, he may be given a discharge in such form as the Governor may direct. Resignations. b. Enlistment in the regular army, air force, navy, marine corps or coast guard of the United States shall be deemed a resignation by the person so enlisting of all commissions in the militia held by him.

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c. The acceptance of a commission in the organized militia shall be deemed a resignation by the person accepting the same of any other commission held by him in the militia. d. Permanent removal of an officer of the organized militia from the State shall be deemed a resignation. e. All officers of the organized militia accountable or responsible for military funds or property, who shall tender their resignations or who shall be deemed to have resigned, shall be transferred immediately to an unassigned list, pending discharge from such accountability or responsibility. Such transfer shall not relieve such officers of their liability until they shall be discharged therefrom, as provided by the laws of the United States, by this Act, and regulations issued pursuant thereto. Unassigned list. Section 48. Absence without leave: dropping from the rolls: dismissal . Any commissioned officer of the organized militia who absents himself without leave for three months shall be dismissed by the Governor. Absence without leave. Section 49. Warrant officers . The provisions of this article relating to commissioned officers shall apply to warrant officers and commissioned warrant officers except that warrant officers who shall have been absent without leave may be discharged as may be prescribed by the applicable laws of the United States and by this Act, and the regulations issued thereunder. ARTICLE V. ENLISTED PERSONNEL OF THE ORGANIZED MILITIA. Section 50. Enlistment, period of service, transfer, discharge, and extensions of enlistments . a. The qualifications for enlistment and re-enlistment, the period of enlistment, re-enlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge

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of enlisted personnel of the forces of the organized militia shall be those prescribed by applicable laws of the United States and by this Act and by regulations issued thereunder. b. Any person who has been discharged under other than honorable conditions from the organized militia of this or any other State or from any component of the armed forces of the United States and has not been restored to duty shall not be eligible for enlistment in any force of the organized militia. Enlistments. c. 1. The Governor is authorized to extend the period of any enlistment, re-enlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the organized militia, for, but not exceeding the duration of an emergency declared by him. 2. Whenever the period of enlistment, re-enlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the reserve components of the armed forces of the United States is extended, the Governor shall extend the period of any enlistment, re-enlistment, voluntary extension of enlistment and the period of service of enlisted personnel in the corresponding force of the organized militia for the same period. Section 51. Contract and oath of Enlistment . Every person who enlists or re-enlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by the applicable laws of the United States and by regulations issued pursuant to this Act. Such oath shall be taken and subscribed before any officer authorized by Section 43 of this Act to administer the oath of office to a commissioned officer. A person making a false oath as to any statement contained in such enlistment contract shall upon conviction be deemed guilty of false swearing. Contract and oath. Section 52. Non-Commissioned officers . All non-commissioned officers and petty officers of the organized

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militia shall be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Such appointment shall be in accordance with regulations of the United States and regulations issued pursuant to this Act. Appointing officers shall be designated in regulations issued pursuant to this Act. The appointment of a non-commissioned officer or a petty officer may be terminated as prescribed by regulations issued pursuant to this Act. Non-commissioned officers. Section 53. Discharges . a. An enlisted person may be discharged from any force of the organized militia prior to the expiration of his term of enlistment under such conditions as may be prescribed by applicable laws of the United States, by this Act, and regulations issued pursuant thereto. Discharges. b. An enlisted person discharged from a force of the organized militia shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws and regulations of the United States and by regulations issued pursuant to this Act. Section 54. Dropping from the rolls . When an enlisted person of the organized militia absents himself without leave for three months and there is reason to believe that he does not intend to return, he may be dropped from the rolls, under such regulations as may be prescribed pursuant to this Act. Dropping from rolls. ARTICLE VI. THE GEORGIA STATE GUARD. Section 55. General . The Georgia State guard may be created, established, maintained, or disbanded by the Governor at any time when such action is authorized under Federal law. It shall be organized, armed, equipped, disciplined, governed, administered and trained as prescribed by this Act and the regulations issued thereunder,

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in conformance with the laws of the United States. State guard. Section 56. Organization, composition and strength . In order to conform the organization of the Georgia state guard to the organization of such state military forces as may be prescribed by the laws of the United States and regulations issued thereunder, the Governor may organize, activate, increase, change, divide, consolidate, disband, reactivate or reorganize any unit, headquarters, staff or cadre of the Georgia state guard and may prescribe the composition and types of units, the type of organization and the system of drill or instruction to be used in training such units; and for such purposes the Governor is authorized to fix, increase or decrease the strength of any unit, headquarters, staff or cadre of the Georgia state guard including the number of commissioned officers, warrant officers, non-commissioned officers and other enlisted personnel of any grade in any such unit, headquarters, staff of cadre, and to alter the grades of officers, warrant officers and non-commissioned officers. Organization, composition, strength. Section 57. Detail of officers to the Georgia State guard . a. Upon the recommendation of the Adjutant General, the Governor may order any officer on the State reserve list or on the State retired list to active duty with the Georgia State guard, in which case such officer shall rank in his grade from the date of such order; such officer may be relieved from such duty and may be returned to the reserve list or retired list in the discretion of the Governor. Detail of officers. b. Upon the recommendation of the Adjutant General, the Governor may detail in his grade in addition to his other duties, any commissioned or warrant officer in the Georgia national guard to duty with the Georgia State guard or any unit, headquarters, staff or cadre thereof and such officer may be relieved from such detail in the discretion of the Governor. Section 58. Detail of enlisted personnel to the Georgia State guard . Enlisted persons of the Georgia national

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guard may be detailed by the Adjutant General to duty with the Georgia State guard or any unit, headquarters, staff or cadre thereof and such persons may be relieved from such detail in the discretion of the Adjutant General. Detail of enlisted personnel. Section 59. Duties, privileges and immunities . All duties imposed by the military law or other statutes of the State or by regulations issued hereunder, upon units, commissioned officers, warrant officers, and enlisted personnel respectively of the organized militia are hereby imposed upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the Georgia State guard, and all rights, privileges and immunities conferred by the military law or other statute of the State or by regulations issued hereunder, upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the Georgia national guard or of the organized militia are hereby conferred upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the Georgia State guard except as otherwise prescribed in this Act, including relief from civil or criminal liability for acts done while on duty, rights to pay, allowances, and other compensation; expenses and subsistence; arms, uniforms and equipment; provision, maintenance, use and control of armories; eligibility to appointment on the military staff of the Governor; exemption from civil process and from jury duty; right of way; right to wear the uniform and to parade with firearms; and all other rights, privileges and immunities created by statute or custom not hereinbefore specifically enumerated. Duties, privileges, immunities. ARTICLE VII. CODE OF MILITARY JUSTICE. Section 60.1 Definitions . The following terms when used in this article shall be construed in the sense indicated in this section, unless the context shows that a different sense is intended, namely: a. Organized militia means the organized militia,

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the composition of which is stated in Section 3 of this Act; b. Officer means a commissioned officer including a commissioned warrant officer; Definitions. c. Superior officer means an officer superior in rank or command; d. Enlisted person means any person who is serving in an enlisted grade in any force of the organized militia; e. Active State duty means full time military duty in the active service of the State under an order of the Governor issued pursuant to Sections 7 or 10 of this Act and while going to and returning from such duty; f. Duty status other than active duty means any one of the types of duty described in Section 32 of this Act and while going to and returning from such duty; g. Military court means a court-martial, a court of inquiry, a provost court; h. Law officer means an official of a general courtmartial detailed in accordance with Section 60.26 of this Act; i. Law specialist means an officer of the Georgia naval militia designated for special duty (law); j. Staff judge advocate or Legal officer means an officer of the organized militia designated to perform legal duties for a command. k. Code means Article 7 of this Act. Section 60.2 Persons subject to the code . The following persons are subject to the code: All persons belonging to the organized militia; all persons on the State reserve list and the State retired list;

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and all other persons lawfully called, ordered, drafted, transferred or inducted into, or ordered to duty in or with the organized militia, from the dates they are required by the terms of the call, order or other directive to obey the same. Persons subject. Section 60.3 Jurisdiction to try certain personnel . a. Subject to the provisions of Section 60.43, any person charged with having committed, while in a status in which he was subject to this code, an offense against this code for which the person cannot be tried in the courts of a State of the United States or in the courts of the United States shall not be relieved from amenability to trial by court-martial by reason of the termination of said status. Jurisdiction. b. All persons discharged from the organized militia subsequently charged with having fraudulently obtained said discharge shall, subject to the provisions of Section 60.43, be subject to trial by court-martial on said charge and, after apprehension, shall be subject to this code. Upon conviction of said charge they shall be subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge. c. Any person who has deserted from the organized militia shall not be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service. Section 60.4 Territorial applicability of the code . a. This code shall be applicable in all places within the State. It shall also apply to all persons subject to this code while serving without the State and while going to and returning from such service without the State and in like manner and to the same extent as while such persons are serving within the State. Territorial jurisdiction. b. Courts-martial and courts of inquiry may be convened and held in units of the organized militia while serving without the State with the same jurisdiction and powers as if held within the State and offenses committed

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without the State may be tried and punished either without the State or within the State. Section 60.5 Judge advocates and legal officers . a. The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the organized militia who shall be the State Judge Advocate, who shall be a member of the bar of the Supreme Court of this State and shall have been admitted to the bar of this State for a period of not less than five years. Judge advocates and legal officers. b. The Adjutant General may appoint Assistant Judge Advocates of such number as he shall deem necessary which Assistant State Judge Advocates shall be officers of the organized militia and admitted to the bar of this State. c. The provisions of Section 40-1614 of the Code of Georgia 1933, as amended, (Oct. 1943, Page 284, 285) shall not be a restriction upon the appointments and duties as provided for in this section. d. The State Judge Advocate or his assistants shall make frequent inspections in the field in supervision of the administration of military justice in the organized militia. e. Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is authorized to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the State Judge Advocate. f. No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel or investigating officer in any case shall subsequently act as a staff judge advocate or legal officer to any reviewing authority upon the same case.

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Section 60.6 Apprehension. a. Apprehension is the taking into custody of a person. b. Any person authorized under regulations issued pursuant to this Act to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this Act and any sheriff, or peace officer as defined in Section 26-4901 of the Code of Georgia, 1933, as amended, may apprehend persons subject to this code upon reasonable belief that an offense has been committed and that the person apprehended committed it. Apprehension. c. All officers, warrant officers, petty officers, and non-commissioned officers shall have authority to quell all quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part in the same. d. Except as otherwise specifically provided in this Act, no sheriff, peace officer or marshal of a court-martial shall demand or require payment of any fee or charge of any nature for apprehending or placing in confinement any person subject to this code. Section 60.7 Apprehension of deserters. It shall be lawful for any civil officer having authority to apprehend offenders under the laws of the United States or of any state, district, territory or possession of the United States summarily to apprehend a deserter from the organized militia and deliver him into the custody of the organized militia. Deserters. Section 60.8 Imposition of restraint. a. Arrest is the restraint of a person by an order not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person. b. An enlisted person may be ordered apprehended or into arrest or confinement by an officer by an order, oral or written, delivered in person or through other persons

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subject to this code, or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers, petty officers, or non-commissioned officers to order enlisted persons of his command or subject to his authority into arrest or confinement. Imposition of restraint. c. An officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another officer. The authority to order such persons into arrest or confinement may not be delegated. d. No person shall be ordered into arrest or confinement except for probable cause. e. Nothing in this section shall be construed to limit the authority of persons authorized to apprehend offenders or to secure the custody of an alleged offender until proper authority may be notified. Section 60.9 Restraint of persons charged with offenses. Any person subject to this code charged with an offense under this code shall be ordered apprehended or into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and try him or to dismiss the charge and release him. Same. Section 60.10. Confinement and imprisonment in civil jails. Confinement and imprisonment other than in a guard house, whether prior to, during, or after, trial by a military court, shall be executed in jails, penitentiaries or prisons designated by the Governor or by the Adjutant General for that purpose. Civil jails. Section 60.11 Reports and receiving of prisoners. a. No provost marshal, commander of a guard, master at arms, keeper or officer of a city or county jail or any

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other jail, designated by the Governor or by the Adjutant General under Section 60.10 of this article, shall refuse to receive or keep any prisoner committed to his charge when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner. Prisoners. b. Every commander of a guard, master at arms, keeper or officer of a city or county jail or of any other jail, designated by the Governor or by the Adjutant General under Section 60.10 of this article, to whose charge a prisoner is committed shall, within twenty-four hours after such commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner the name of such prisoner, the offense charged against him and the name of the person who ordered or authorized the commitment. Section 60.12 Punishment prohibited before trial. Subject to the provisions of Section 60.57, no person, while being held for trial or the results of trial, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during such period for infractions of discipline. No punishment before trial. Section 60.13 Delivery of offenders to civil authorities. a. Under such regulations as may be issued pursuant to this Act, a person subject to this code accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. Delivery of offenders to civil authority. b. When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, such delivery, if followed by conviction in a civil tribunal, shall be held to interrupt the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of the Adjutant General, be returned to military custody for the completion of the said court-martial sentence.

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Section 60.14 Commanding officer's non-judicial punishment. a. Under such regulations as may be issued pursuant to this Act, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one of the following disciplinary punishments for minor offenses without the intervention of a court-martial Non-judicial punishment. 1. Upon officers and warrant officers of his command: (a) Withholding of privileges for a period not to exceed two consecutive weeks; or (b) Restriction to certain specified limits, with or without suspension from duty, for a period not to exceed two consecutive weeks; or (c) If imposed by the Governor or by a general officer, forfeiture of pay and allowances not exceeding seventy-five dollars; 2. Upon other military personnel of his command: (a) Withholding of privileges for a period not to exceed two consecutive weeks; or (b) Restriction to certain specified limits, with or without suspension from duty, for a period not to exceed two consecutive weeks; or (c) Extra duties for a period not to exceed two consecutive weeks, and not to exceed two hours per day, holidays included; or (d) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; or (e) If imposed upon a person attached to or embarked in a vessel, confinement for a period not to exceed seven consecutive days; or (f) If imposed by an officer exercising special court-martial

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jurisdiction, forfeiture of pay and allowances not exceeding ten dollars. b. Under such regulations as may be issued pursuant to this Act, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized the categories of commanding officers authorized to exercise such powers, and the applicability of this section to an accused on active State duty who demands trial by a court-martial. c. An officer in charge may, for minor offenses, impose on enlisted persons assigned to the unit of which he is in charge, such of the punishments authorized to be imposed by commanding officers as may be specifically prescribed by regulations issued pursuant to this Act. d. A person punished under authority of this section who deems his punishment unjust or disproportionate to the offense, may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The officer who imposes the punishment, his successor in command, and superior authority shall have power to suspend, set aside, or remit any part or amount of the punishment and to restore all rights, privileges and property affected. Appeals. e. The imposition and enforcement of disciplinary punishment under authority of this section for any act or omission, shall not be a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. f. Whenever a punishment of forfeiture of pay and allowances is imposed as provided in this section, the

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forfeiture may apply to pay or allowances becoming due on or after the date such punishment is imposed and to any pay and allowances accrued before such date. Section 60.15 Courts-martial classified . There shall be three kinds of courts-martial in each of the forces of the organized militia, namely: Courts-martial. (1) General courts-martial, which shall consist of a law officer and any number of members not less than five; (2) Special courts-martial, which shall consist of any number of members not less than three; and (3) Summary courts-martial, which shall consist of one officer. Section 60.16 Jurisdiction of courts-martial in general . Each force of the organized militia shall have court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations issued pursuant to this Act. Jurisdiction. Section 60.17. Jurisdiction of general courts-martial . Subject to Section 60.16, general courts-martial shall have jurisdiction to try persons subject to this code for any offense for which they may be punished by this code and shall have the power to sentence to: fines not exceeding two hundred dollars; forfeiture of pay and allowances, not exceeding two hundred dollars; dismissal; dishonorable discharge; bad conduct discharge; reprimand; reduction of non-commissioned officers to an inferior grade; and to combine any two or more of such punishments in the sentences imposed. Of general courts-martial. Section 60.18 Jurisdiction of special courts-martial . Subject to Section 60.16, special courts-martial shall have jurisdiction to try persons subject to this code, except a commissioned officer, for any offense for which they may be punished by this code. Special courts-martial shall

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have the power to sentence to: fines not exceeding one hundred dollars; forfeiture of pay and allowances not exceeding one hundred dollars; bad conduct discharge; reprimand; reduction of non-commissioned officers to an inferior grade; and to combine any two or more of such punishments in the sentences imposed. A bad conduct discharge shall not be adjudged unless a complete record of the proceedings and testimony before the court has been made. Of special courts-martial. Section 60.19 Jurisdiction of summary courts-martial . a. Subject to Section 60.16, summary courts-martial shall have jurisdiction to try persons subject to this code, except officers and warrant officers, for any offense for which they may be punished by this code. Of summary courts-martial. b. No person on active state duty with respect to whom courts-martial have jurisdiction shall be brought to trial before a summary court-martial if he objects thereto, unless under the provisions of Section 60.14, he has been permitted and has elected to refuse punishment under such section. Where objection to trial by summary court-martial is made by such an accused who has not been permitted to refuse punishment under Section 60.14, trial shall be ordered by special or general court-martial, as may be appropriate. c. Summary courts-martial shall have the power to sentence to: fines not exceeding twenty-five dollars; forfeiture of pay and allowances not exceeding twenty-five dollars; reduction of non-commissioned officers to an inferior grade. Section 60.20 Confinement authorized . All courts-martial, general, special and summary, shall have power to sentence to confinement in lieu of fines, authorized to be imposed; provided, that such sentences of confinement shall not exceed one day for each dollar of fine authorized. Confinement. Section 60.21 Jurisdiction of courts-martial not exclusive . The provisions of this code conferring jurisdiction

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upon courts-martial shall not be construed as depriving provost courts or other military tribunals of concurrent jurisdiction in respect to offenders or offenses that by statute or by the law of war may be tried by such provost courts or other military tribunals. Jurisdiction not exclusive. Section 60.22 Who may convene general courts-martial . General courts-martial may be convened by order of the Governor. Convening general court-martial. Section 60.23 Who may convene special courts-martial . a. Special courts-martial may be convened by: Convening special court-martial. 1. Any person who may convene a general court-martial; 2. The commanding officer of a force of the organized militia, or of a garrison, fort, camp, station, air base or other place where members of a force of the organized militia are on duty; 3. The commanding officer of a division, brigade, regiment, detached or separate battalion, or corresponding unit of the army national guard, or the Georgia State guard. 4. The commanding officer of a wing, group, detached or separate squadron or corresponding unit of the air national guard; 5. The commanding officer of any naval vessel, and the commanding officer of any area, brigade, battalion, division, marine battalion, or separate marine company of the naval militia; 6. The commanding officer of any separate or detached command or group of detached units of any of the forces of the organized militia placed under a single commander; or 7. The commanding officer or officer in charge of any other command when empowered by the Adjutant General.

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b. When any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority when deemed advisable by him. Section 60.24 Who may convene summary courts-martial . a. Summary courts-martial may be convened by: Convening summary court-martial. 1. Any person who may convene a general or special court martial; 2. The commanding officer of a detached or separate company or corresponding unit or other detachment of a force of the organized militia; 3. The commanding officer or officer in charge of any other command when empowered by the adjutant general. b. When but one officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when deemed desirable by him. Section 60.25 Who may serve on courts-martial . a. Any officer of or on duty with the organized militia shall be eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. Who may serve on courts-martial. b. Any warrant officer of or on duty with the organized militia shall be eligible to serve on general and special courts-martial for the trial of any person, other than an officer, who may lawfully be brought before such courts for trial. c. 1. Any enlisted person of the organized militia who is not a member of the same unit as the accused shall be eligible to serve on general and special courts-martial

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for the trial of any enlisted person who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, prior to the convening of such court, the accused personally has requested in writing that enlisted persons serve on it. After such a request, no enlisted person shall be tried by a general or special court-martial the membership of which does not include enlisted persons in a number comprising at least one-third of the total membership of the court, unless eligible enlisted persons cannot be obtained on account of physical conditions or military exigencies. Where such persons cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement to be appended to the record, stating why they could not be obtained. 2. For the purposes of this section, the word unit shall mean a duly organized body of the organized militia not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them. d. 1. When it can be avoided, no person subject to this code shall be tried by a court-martial any member of which is junior to him in rank or grade. 2. When convening a court-martial, the convening authority shall appoint as members thereof such persons as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No person shall be eligible to sit as a member of a general of special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. If within the command of the convening authority there is present and not otherwise disqualified an officer who is a member of the bar of this State and of appropriate rank, the convening authority shall appoint such officer as president of a special court-martial; provided however, that although this requirement shall be binding on the convening authority, failure

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to follow it in any case shall not divest a military court of jurisdiction. Section 60.26 Law officer of a general court-martial . a. The authority convening a general court-martial shall appoint as law officer thereof an officer who is a member of the bar of this State. No person shall be eligible to act as law officer in a case when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. Law officer. b. The law officer shall not consult with the members of the court, other than on the form of the findings as provided in Section 60.39, except in the presence of the accused, trial counsel, and defense counsel, nor shall he vote with the members of the court. Section 60.27 Appointment of trial counsel and defense counsel . a. For each general and special court-martial the authority convening the court shall appoint a trial counsel and a defense counsel, together with such assistants as he deems necessary or appropriate; no person who has acted as investigating officer, law officer, or court member in any case shall act subsequently as trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution shall act subsequently in the same case for the defense, nor shall any person who has acted for the defense act subsequently in the same case for the prosecution. Counsel. b. Any person who is appointed as trial counsel or defense counsel in the case of a general court-martial shall be a person who is a member of the bar of the highest court of a State of the United States. c. In the case of a special court-martial: 1. If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel appointed by the convening authority shall be a person similarly qualified; and

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2. If the trial counsel is a judge advocate, or a law specialist, or a member of the bar of the highest court of a State of the United States, the defense counsel appointed by the convening authority shall be one of the foregoing. Section 60.28. Appointment of reporters and interpreters . Under such regulations as the Adjutant General may prescribe, the convening authority of a military court shall appoint qualified court reporters who shall record the proceedings of and testimony taken before such court. Under like regulations the convening authority of a military court may appoint an interpreter who shall interpret for the court. Reporters and interpreters. Section 60.29 Absent and additional members . a. No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause. Absences. b. Whenever a general court-martial is reduced below five members, the trial shall not proceed unless the convening authority appoints new members sufficient in number to provide not less than five members. When such new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the law officer, the accused, and counsel. New members. c. Whenever a special court-martial is reduced below three members, the trial shall not proceed unless the convening authority appoints new members sufficient in number to provide not less than three members. When such new members have been sworn, the trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel. Section 60.30 Charges and specifications . a. Charges and specifications shall be signed by a person subject to

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this code under oath before a person authorized by this Act to administer oaths and shall state Changes and specifications. 1. That the signer has personal knowledge of, or has investigated, the matters set forth therein; and 2. That the same are true in fact to the best of his knowledge and belief. b. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable. Section 60.31 Compulsory self-incrimination prohibited . a. No person subject to this code shall compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. b. No person subject to this code shall interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial. Self-incrimination; evidence. c. No person subject to this code shall compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement shall be received in evidence against him in a trial by court-martial. Section 60.32 Investigation . a. No charge or specification shall be referred to a general court-martial for trial until a thorough and impartial investigation of all

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the matters set forth therein has been made. This investigation shall include inquiries as to the truth of the matter set forth in the charges, form of charges, and the disposition which should be made of the case in the interest of justice and discipline. b. The accused shall be advised of the charges against him and of his right to be represented at such investigation by counsel. Upon his own request he shall be represented by civilian counsel if such counsel be reasonably available, or by counsel appointed by the officer exercising general court-martial jurisdiction over the command. At such investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after such investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused. Investigation. c. If investigation of the subject matter of an offense has been conducted prior to the time the accused is charged with the offense, and if the accused was present at such investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in Subsection b of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf. d. The requirements of this section shall be binding on all persons administering this code, but failure to follow them in any case shall not divest a military court of jurisdiction. Section 60.33 Forwarding of charges . When a person

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is held for trial by general court-martial, the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward through channels the charges, together with the investigation and allied papers, to the Governor. If the same is not practicable, he shall report in writing to the Governor the reasons for delay. Forwarding of charges. Section 60.34 Advice of State Judge Advocate and reference for trial . a. The Governor, before directing the trial of any charge by general court-martial, shall refer the charges and all allied papers to the State Judge Advocate for consideration and advice. The State Judge Advocate shall not recommend a general court-martial unless he has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of investigation. Reference for trial. b. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made. Section 60.35 Service of charges . The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which the trial is to be had. In time of peace no person shall, against his objection, be brought to trial before a general court-martial within a period of five days subsequent to the service of the charges upon him, or before a special court-martial within a period of three days subsequent to the service of the charges upon him. Service of charges. Section 60.36 Governor may prescribe rules . The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the Governor by regulations issued pursuant to this Act which shall, so far as he deems practicable, apply the forms and modes of procedure, the principles

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of law and the rules of evidence generally recognized in the trial of cases in the courts-martial of the United States, but which shall not be contrary to or inconsistent with this code. Rules and procedure. Section 60.37 Unlawfully influencing action of court . No authority convening a general, special, or summary court-martial, nor any other commanding officer, shall censure, reprimand, or admonish such court or any member, law officer, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this code shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his judicial acts. Unlawfully influencing action of court. Section 60.38 Duties of trial counsel and defense counsel . a. The trial counsel of a general or special court-martial shall prosecute in the name of the State, and shall, under the direction of the court prepare the record of the proceedings. b. The accused shall have the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel duly appointed pursuant to Section 60.27. Should the accused have counsel of his own selection, the duly appointed defense counsel and assistant defense counsel, if any, shall if the accused so desires, act as his associate counsel; otherwise they shall be excused by the president of the court. Duties of counsel. c. In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as he feels should be considered in behalf of the accused on review, including any objection to the contents

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of the record which he may deem appropriate. d. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Section 60.27, perform any duty imposed by law, regulations, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel. e. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by Section 60.27, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused. Section 60.39 Sessions. Whenever a general or special court-martial is to deliberate or vote, only the members of the court shall be present. After a general court-martial has finally voted on the findings, the court may request the law officer and the reporter to appear before the court to put the findings in proper form, and such proceedings shall be on the record. All other proceedings, including any other consultation of the court with counsel or the law officer shall be made a part of the record and be in the presence of the accused, the defense counsel, the trial counsel, and, in general court-martial cases, the law officer. Sessions. Section 60.40 Continuances. A court-martial may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just. Continuances. Section 60.41 Challenges. a. Members of a general or special court-martial and the law officer of a general court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those

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by the accused are offered. Challenges. b. Each accused and trial counsel shall be entitled to one peremptory challenge, but the law officer shall not be challenged except for cause, and if the president of a special court-martial is a member of the bar of this State, he shall not be challenged except for cause. Section 60.42 Oaths. a. The law officer, all interpreters, and, in general and special courts-martial, the members, the trial counsel, assistant trial counsel, assistant defense counsel, and the reporter shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. Oaths. b. All witnesses before military courts shall be examined on oath or affirmation. Section 60.43 Statute of limitations. a. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. Statute of limitations. b. Except as otherwise provided in this section, a person charged with desertion in time of peace or any of the offenses punishable under Sections 60.112 and 60.113 shall not be liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. c. Except as otherwise provided in this article, a person charged with any offense shall not be liable to be tried by court-martial or punished under Section 60.14 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under Section 60.14. d. Periods in which the accused was absent from territory

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in which the State has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section. Section 60.44 Former jeopardy. a. No person shall without his consent, be tried a second time by a civil court or a military court of the State for the same offense. b. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be held to be a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. Former jeopardy. c. A proceeding which, subsequent to the introduction of evidence but prior to a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this section. Section 60.45. Pleas of the accused. If an accused arraigned before a court-martial makes any irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record and the court shall proceed as though he had pleaded not guilty. Pleas. Section 60.46 Opportunity to obtain witnesses and other evidence. The trial counsel, defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations issued by the Governor pursuant to this Act. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and to any other State in which the court-martial may be sitting. Witnesses and evidence.

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Section 60.47 Refusal to appear or testify. a. Every person not subject to this code who: 1. Has been subpoenaed to appear as a witness or to produce books and records before any military court or before any military or civil officer designated to take a deposition to be read in evidence before such military court; and Refusal to appear or testify. 2. Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior courts of the State; and 3. Wilfully neglects neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which such person may have been duly subpoenaed to produce; shall be deemed guilty of an offense against the State and may be punished by the military court which issued the subpoena or subpoena duces tecum in the same manner and to the same extent as provided for the failure to appear, refusal to qualify as a witness or to testify or refusal or failure to produce any evidence which such person may have been duly subpoenaed to produce, as provided in actions or proceedings in the superior courts of the State. Section 60.48 Contempts. A military court may punish for contempt any person who uses menacing words, signs, or gestures in its presence, or who disturbs its proceedings by any riot or disorder. Such punishment shall not exceed confinement for thirty days or a fine of one hundred dollars or both. Contempts. Section 60.49 Depositions. a. At any time after charges have been signed as provided in Section 60.30, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of such charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate officers to represent the prosecution and the defense and may authorize such officers to take the depositions of any witness. Depositions.

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b. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. c. Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths. d. A duly authenticated deposition taken upon reasonable notice to the other party, so far as otherwise admissible under the rules of evidence may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears 1. That the witness resides or is beyond the State in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred miles from the place of trial or hearing; or 2. That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, non-amenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or 3. That the present whereabouts of the witness is unknown. Section 60.50 Admissibility of records of courts of inquiry. a. In any case not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence. Admissibility of courts of inquiry. b. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of an officer.

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c. Such testimony may also be read in evidence before a court of inquiry or a military board. Section 60.51 Voting and rulings. a. Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by secret written ballot. The junior member of the court shall in each case count the votes, which count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Voting and rulings. b. The law officer of a general court-martial and the president of a special court-martial shall rule upon interlocutory questions, other than challenge, arising during the proceedings. Any such ruling made by the law officer of a general court-martial or by the president of a special court-martial state upon any interlocutory question other than a motion for a finding of not guilty, or the question of accused's sanity, shall be final and shall constitute the ruling of the court; but such law officer or president may change any such ruling at any time during the trial. Unless such ruling be final, if any member objects thereto, the court shall be cleared and closed and the question decided by a vote as provided in Section 60.52, viva voce, beginning with the junior in rank. c. Before a vote is taken on the findings, the law officer of a general court-martial and the president of a special court-martial shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court: 1. That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond a reasonable doubt; 2. That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused and he shall be acquitted;

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3. That if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and 4. That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State. Section 60.52 Number of votes required. a. No person shall be convicted of any offense, except by the concurrence of two-thirds of the members present at the time the vote is taken. Number of votes required. b. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken. c. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge shall disqualify the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity shall be a determination against the accused. A tie vote on any other question shall be a determination in favor of the accused. Section 60.53 Court to announce action. Every court-martial shall announce its findings and sentence to the parties as soon as determined. Announcement of action. Section 60.54 Record of trial. a. Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it, and such record shall be authenticated by the signature of the president and the law officer. In case the record cannot be authenticated by either the president or the law officer, by reason of the death, disability, or absence of such officer, it shall be signed by a member in lieu of him. If both the president and the law officer are unavailable for such reasons, the record shall be authenticated by two members. Record of trial. b. Each special and summary court-martial shall keep

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a separate record of the proceedings in each case, which record shall contain such matter and be authenticated in such manner as may be required by regulations issued pursuant to this Act. c. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as authenticated. Section 60.55 Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tatooing on the body, or any other cruel or unusual punishment, shall not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited. Cruel and unusual punishments. Section 60.56 Maximum limits. The punishment which a court-martial may direct for an offense shall not exceed the limits prescribed by this code. Limits. Section 60.57 Effective date of sentences. a. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay and allowances in addition to confinement not suspended, the forfeiture may apply to pay and allowances becoming due on or after the date such sentence is approved by the convening authority and to any pay and allowance accrued before such date. Effective date of sentences. b. Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the term of confinement. Regulations adopted pursuant to this Act may provide that sentences of confinement shall not be executed until approved by such officers as may be designated in such regulations. c. All other sentences of court-martial shall become effective on the date ordered executed.

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Section 60.58 Execution of confinement. a. Any sentence or punishment adjudged by a military court, whether or not such sentence or punishment includes discharge or dismissal, and whether or not such discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia, or in any jail, penitentiary or prison designated for that purpose as prescribed in Section 60.10 of this article and persons so confined in such a jail shall be subject to the same discipline and treatment as persons confined or committed to jail by the courts of the State or of any political subdivision thereof. Confinements. b. The omission of the words hard labor in any sentence or punishment of a court-martial adjudging confinement shall not be construed as depriving the authority executing such sentence or punishment of the power to require hard labor as a part of the punishment. c. The keepers, officers and wardens of all city or county jails and of all other jails designated by the Governor or by the Adjutant General pursuant to Section 60.10 of this article shall receive the bodies of persons ordered into confinement prior to trial and of persons committed to confinement by the process or mandate of a military court and shall confine them according to law, and no such keeper, officer or warden shall demand or require payment of any fee or charge of any nature for receiving or confining a person in such jail, penitentiary or prison. Section 60.59 Execution of sentence; suspension of sentence. All court-martial sentences, unless suspended, may be ordered executed by the convening authority when approved by him. He shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by him. Execution, suspension of sentences. Section 60.60 Initial action on the record. After every trial by court-martial the record shall be forwarded

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to the convening authority, as reviewing authority, and action thereon may be taken by the officer who convened the court, an officer commanding for the time being, a successor in command, or by the Governor. Initial action on record. Section 60.61 Same-General court-martial records. After trial, the record of every general court-martial shall be referred to the State Judge Advocate who shall submit his written opinion thereon to the Governor. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to the question of jurisdiction. Reference to State Judge Advocate. Section 60.62 Reconsideration and revision. a. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. Reconsideration and revision. b. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned: 1. For reconsideration of a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; or 2. For reconsideration of a finding of not guilty of any charge, unless the records shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or 3. For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.

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Section 60.63 Rehearings. a. If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing, in which case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. Rehearings. b. Every rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon such rehearing the accused shall not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence shall be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. Section 60.64 Approval by the convening authority. In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence shall constitute approval of the findings and sentence. Approval by convening authority. Section 60.65 Disposition of records after review by the convening authority. a. When the convening authority is the Governor his action on the review of any record of trial shall be final. b. In all other cases: 1. Where the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the record shall be forwarded to the appropriate staff judge advocate or legal officer of the appropriate force of the organized militia to be reviewed in the same manner as

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a record of trial by general court-martial, after which the entire record with the opinion of such staff judge advocate or legal officer shall be forwarded to the State Judge Advocate for review. Disposition of records after review. 2. All other special and summary court-martial records shall be forwarded to the appropriate staff judge advocate or legal officer of the appropriate force of the organized militia and shall be acted upon, transmitted and disposed of as may be prescribed by regulations issued pursuant to this Act. c. The State Judge Advocate shall review the record of trial in every case forwarded to him for review as provided in this section. If the final action of the court-martial in any case forwarded to the State Judge Advocate has resulted in an acquittal of all charges and specifications the opinion of the State Judge Advocate shall be limited to the question of jurisdiction. d. In all cases reviewable by the State Judge Advocate under this section, the State Judge Advocate shall take final action. e. In any case reviewable by the State Judge Advocate under this section, the State Judge Advocate shall have authority to: 1. Act only with respect to the findings and sentence as approved by the convening authority: 2. Affirm only such findings of guilty, and the sentence or such part or amount of the sentence as he finds correct in law and fact and determines on the basis of the entire record, should be approved; 3. Weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses; 4. Order a rehearing if he sets aside the findings and sentence, except where the setting aside is based on lack

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of sufficient evidence to support the findings; 5. Order that the charges be dismissed if he sets aside the findings and sentence and does not order a rehearing. f. In cases reviewable by the State Judge Advocate under this section he shall instruct the convening authority to take action in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges. g. The State Judge Advocate may constitute one or more boards of review each composed of not less than three officers of the organized militia or on the State reserve list or State retired list, each of whom shall be a member of the bar of this State, which board or boards of review shall review the record of any trial by special court-martial referred to it by the State Judge Advocate. Such boards of review shall have the same authority and powers on the review of a record as the State Judge Advocate has under the provisions of this section. Section 60.66. Error of law; lesser included offense . a. A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. Error of law. b. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the findings as includes a lesser included offense. Leaser included offense. Section 60.67. Review counsel . a. Upon the final review of a sentence of a general court-martial or of a sentence to a bad conduct discharge, the accused shall have the right to be represented by counsel before the reviewing authority, the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate. Review counsel. b. Upon the request of an accused entitled to be so represented, the State Judge Advocate shall appoint a lawyer

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who is a member of the organized militia or on the State reserve list or the State retired list, if available, to represent the accused before the reviewing authority, the staff judge advocate, or legal officer, as the case may be, and before the State Judge Advocate, in the review of cases specified in Subsection a of this section. c. An accused entitled to be so represented may be represented before the reviewing authority, the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate, by civilian counsel, if provided by him. Section 60.68. Vacation of suspension . a. Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. If he so desires the probationer shall be represented at such hearing either by counsel provided by him or by counsel provided for him at his request in the same manner as specified in Section 60.67 of this article. Vacation of suspension. b. The record of the hearing and the recommendations of the officer having special court-martial jurisdiction shall be forwarded for action to the Governor in cases involving a general court-martial sentence and in all other cases under Subsection a of this section, to the commanding officer of the force of the organized militia of which the probationer is a member. If the Governor or such commanding officer vacates the suspension, the vacation shall be effective to execute any unexecuted portion of the sentence except a dismissal. c. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence. Section 60.69. Petition for a new trial . At any time within one year after approval by the convening authority

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of a court-martial sentence which extends to dismissal, dishonorable or bad conduct discharge, the accused may petition the Governor for a new trial on grounds of newly discovered evidence or fraud on the court-martial. Petition for new trial. Section 60.70. Remission and suspension . a. A convening authority may remit or suspend any part or amount of the unexecuted portion of any sentence, including all uncollected forfeitures. Remission and suspension. b. The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial. Section 60.71. Restoration . a. Under such regulations as may be prescribed pursuant to this Act, all rights, privileges, and property affected by an executed portion of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed portion is included in a sentence imposed upon the new trial or rehearing. Restoration. b. Where a previously executed sentence of dishonorable or bad conduct discharge is not sustained on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment. c. Where a previously executed sentence of dismissal is not sustained on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance and the officer dismissed by such sentence may be reappointed by the Governor alone to such commissioned rank and precedence as in the opinion of the Governor such former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made provided a position vacancy is available under applicable tables of organization. All time between the dismissal and such reappointment

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shall be considered as service for all purposes. Section 60.72. Finality of court-martial judgment . The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this code and all dismissals and discharges carried into execution pursuant to sentences by courts-martial following review and approval, as required by this code, shall be final and conclusive, and orders publishing the proceedings of courts-martial and all action taken pursuant to such proceedings shall be binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in Section 60.69 of this article. Finality of judgment. Section 60.73. Principals . Any person subject to this code who: Principals. a. Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or b. Causes an act to be done which if directly performed by him would be punishable by this code; is a principal. Section 60.74. Accessory after the fact . Any person subject to this code, who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. Accessories. Section 60.75. Conviction of lesser included offense . An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or of an offense necessarily included therein. Conviction of lesser included offense. Section 60.76. Attempts . a. An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending but failing to effect its commission, is an attempt to commit that offense. Attempts.

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b. Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed. c. Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. Section 60.77. Conspiracy . Any person subject to this code who conspires with any other person or persons to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. Conspiracy. Section 60.78. Solicitation . a. Any person subject to this code who solicits or advises another or others to desert in violation of Section 60.81 or mutiny in violation of Section 60.90 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct. Solicitations. b. Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Section 60.95 or sedition in violation of Section 60.90 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct. Section 60.79. Fraudulent enlistment, appointment, or separation . Any person who: Fraudulent enlistments, separations, etc. a. Procures his own enlistment or appointment in the organized militia by means of knowingly false representations or deliberate concealment as to his qualifications for such enlistment or appointment and receives pay or allowances thereunder; or

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b. Procures his own separation from the organized militia by means of knowingly false representations or deliberate concealment as to his eligibility for such separation; shall be punished as a court-martial may direct. Section 60.80. Unlawful enlistment, appointment, or separation . Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to him to be ineligible for such enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. Unlawful enlistments, etc. Section 60.81. Desertion . a. Any member of the organized militia who: 1. Without proper authority goes or remains absent from his place of service, organization, or place of duty with intent to remain away therefrom permanently; or Desertion. 2. Quits his unit or organization or place of duty with intent to avoid hazardous duty or to shirk important service; or 3. Without being regularly separated from one of the forces of the organized militia enlists or accepts an appointment in the same or another one of the forces of the organized militia without fully disclosing the fact he has not been so regularly separated; is guilty of desertion. b. Any officer of the organized militia who, having tendered his resignation and prior to due notice of the acceptance of the same, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. c. Any person found guilty of desertion or attempted desertion shall be punished as a court-martial may direct. Section 60.82. Absence without leave . Any person subject to this code who, without proper authority:

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a. Fails to go to his appointed place of duty at the time prescribed; or Absence without leave b. Goes from that place; or c. Absents himself or remains absent from his unit, organization, or other place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct. Section 60.83. Missing movement . Any person subject to this code who through neglect or design misses the movement of a ship, air craft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct. Missing movement. Section 60.84. Contempt towards officials . Any person subject to this code who uses contemptuous words against the President, the Governor or the legislature shall be punished as a court-martial may direct. Contempt towards officials. Section 60.85. Disrespect towards superior officer . Any person subject to this code who behaves with disrespect towards his superior officer shall be punished as a court-martial may direct. Disrespect of superior. Section 60.86. Assaulting or willfully disobeying officer . Any person subject to this code who: Assaulting or willfully disobeying officer. a. Strikes his superior officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or b. Willfully disobeys a lawful command of his superior officer; shall be punished as a court-martial may direct. Section 60.87. Insubordinate conduct toward non-commissioned officer . Any warrant officer or enlisted person who: a. Strikes or assaults a warrant officer, non-commissioned

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officer, or petty officer, while such officer is in the execution of his office; or Insubordinate conduct. b. Willfully disobeys the lawful order of a warrant officer, or non-commissioned officer, or petty officer; or c. Treats with contempt or is disrespectful in language or deportment toward a warrant officer, non-commissioned officer, or petty officer, while such officer is in the execution of his office; shall be punished as a court-martial may direct. Section 60.88. Failure to obey order or regulation . Any person subject to this code who: a. Violates or fails to obey any lawful general order or regulation; or Failure to obey order or regulation. b. Having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the same; or c. Is derelict in the performance of his duties; shall be punished as a court-martial may direct. Section 60.89. Cruelty and maltreatment . Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his order shall be punished as a court-martial may direct. Cruelty and maltreatment. Section 60.90. Mutiny or sedition . a. Any person subject to this code: 1. Who with intent to usurp or override lawful military authority refuses, in concert with any other person or persons, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny. 2. Who with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person or persons, revolt, violence, or other disturbance against such authority is guilty of sedition; Munity or sedition.

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3. Who fails to do his utmost to prevent and suppress an offense or mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior or commanding officer of an offense of munity or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. b. A person who is found guilty of attempted mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct. Section 60.91. Arrest and confinement . Any person subject to this code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct. Arrest and confinement. Section 69.92. Releasing prisoner without proper authority . Any person subject to this code who, without proper authority, releases any prisoner duly committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct. Releasing prisoner without authority. Section 60.93. Unlawful detention of another . Any person subject to this code who, except as provided by law or regulations, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. Unlawful detention. Section 60.94. Noncompliance with procedural rules . Any person subject to this code who: a. Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or Noncompliance with procedure rules. b. Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct; Section 60.95. Misbehavior before the enemy . Any

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person subject to this code who before or in the presence of the enemy: a. Runs away; or Misbehavior before enemy. b. Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; or c. Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place or military property; or d. Casts away his arms or ammunition; or e. Is guilty of cowardly conduct; or f. Quits his place of duty to plunder or pillage; or g. Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the organized militia; or h. Willfully fails to do his utmost to encounter, engage, capture, destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy, or i. Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, or to any other State or to the organized militia when engaged in battle; shall be punished as a court-martial may direct. Section 60.96. Subordinate compelling surrender . Any person subject to this code who compels or attempts to compel a commander of any place, vessel, aircraft, or other military property, or of any body of members of the armed forces of the United States or of any other State, or of the organized militia to give it up to an enemy or to abandon it, or who strikes the colors or flag to an

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enemy without proper authority, shall be punished as a court-martial may direct. Subordinate compelling surrender. Section 60.97. Improper use of countersign . Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished as a court-martial may direct. Improper use of countersigned. Section 60.98. Forcing a safeguard . Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct. Forcing a safeguard. Section 60.99. Captured or abandoned property . a. All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. Captured or abandoned property. b. Any person subject to this code who: 1. Fails to carry out the duties prescribed in Subsection a of this section; or 2. Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he shall receive or expect any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or 3. Engages in looting or pillaging; shall be punished as a court-martial may direct. Section 60.100. Aiding the enemy . Any person subject to this code who: a. Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other thing; or

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b. Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly, shall be punished as a court-martial may direct. Aiding the enemy. Section 60.101. Misconduct as a prisoner . Any person subject to this code who, while in the hands of the enemy in time of war: Misconduct as prisoner. a. For the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom or regulation, to the determent of others of whatever nationality held by the enemy as civilian or military prisoners; or b. While in a position of authority over such persons maltreats them wihtout justifiable cause; shall be punished as a court-martial may direct. Section 60.102. False official statements . Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing the same to be false, or makes any other false official statement knowing the same to be false, shall be punished as a court-martial may direct. False official statements. Section 60.103. Military property-loss, damage, destruction, or wrongful disposition . Any person subject to this code who, without proper authority: a. Sells or otherwise disposes of; or Military property. b. Willfully or through neglect damages, destroys, or loses; or c. Willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of; any military property of the United States or of the State, shall be punished as a court-martial may direct. Section 60.104. Property other than military property

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waste, spoil or destruction . Any person subject to this code who, while on active State duty or in a duty status other than active State duty, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the State shall be punished as a court-martial may direct. Property other than military. Section 60.105. Personal property of anotherwrongful taking with intent to steal . Any person subject to this code, while on active State duty, or in a duty status other than active State duty, who shall wrongfully and fraudulently take and carry away the personal goods of another, of the value of less than $50.00, with intent to steal the same, shall be punished as a court-martial may direct. Wrongful taking of personal property. Section 60.106. Improper hazarding of vessel . a. Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct. Improper hazarding of vessel. b. Any person subject to this code who negligently hazards or suffers to be hazarded any vessels of the armed forces of the United States or of the organized militia, shall be punished as a court-martial may direct. Section 60.107. Drunken or reckless driving . Any person subject to this code who, while on active State duty or in a duty status other than active State duty, operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial may direct. Drunken or reckless driving. Section 60.108. Drunk on dutymisbehavior . Any person subject to this code who is found drunk on duty or drunk or sleeping upon his post, or who leaves his post before he is regularly relieved, shall be punished as a court-martial may direct. Drunkenness on duty. Section 60.109. Dueling . Any person subject to this

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code who, while on active State duty or in a duty status other than active State duty, fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct. Dueling. Section 60.110. Malingering . Any person subject to this code who for the purpose of avoiding work, duty, or service in the militia: Malingering. a. Feigns illness, physical disablement, mental lapse or derangement; or b. Intentionally inflicts self-injury; shall be punished as a court-martial may direct. Section 60.111. Riot or breach of peace . Any person subject to this code, who, while on active State duty or in a duty status other than active State duty, causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. Riots and breaches of peace. Section 60.112. Provoking speeches or gestures . Any person subject to this code who, while on active State duty or in a duty status other than active State duty, uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct. Provoking speeches, etc. Section 60.113. Perjury . Any person subject to this code who, in a judicial proceeding or course of justice conducted pursuant to this code, willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue of matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct. Perjury. Section 60.114. Frauds against the government . Any person subject to this code: a. who, knowing it to be false or fraudulent: Frauds against government.

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1. Makes any claim against the United States, the State or any officer thereof; or 2. Presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the State or any officer thereof; or b. Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the State or any officer thereof 1. Makes or uses any writing or other paper knowing the same to contain any false or fraudulent statements; or 2. Makes any oath to any fact or to any writing or other paper knowing such oath to be false; or 3. Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing the same to be forged or counterfeited; or c. Who, having charge, possession, custody, or control of any money or other property of the United States, or the State, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, knowingly delivers to any person having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or d. Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the State, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, makes or delivers to any person such writing without having full knowledge of the trust of the statements therein contained and with intent to defraud the United States or the State; shall upon conviction, be punished as a court-martial may direct. Section 60.115. Conduct unbecoming an officer and gentleman . Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. Conduct unbecoming officer.

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Section 60.116. General article . Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, of which persons subject to this code may be guilty, shall be taken cognizance of by a general or special or summary court-martial, according to the nature and degree of the offense, and punished at the discretion of such court. General article. Section 61.1. Courts of inquiry . a. Courts of inquiry to investigate any matter may be convened by the Governor or by any other person designated by the Governor for that purpose whether or not the persons involved have requested such an inquiry. Courts of inquiry. b. A court of inquiry shall consist of three or more officers. For each court of inquiry the convening authority shall also appoint counsel for the court. c. Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the Military Division, Department of Defense, who has a direct interest in the subject of inquiry shall have the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and shall have the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. d. Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. e. The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithuflly perform their duties. f. Witnesses may be summoned to appear and testify and be examined before courts of inquiry as provided for courts-martial. g. Courts of inquiry shall make findings of fact but

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shall not express opinions or make recommendations unless required to do so by the convening authority. h. Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. In case the record cannot be authenticated by the president it shall be signed by a member in lieu of the president and in case the record cannot be authenticated by the counsel for the court it shall be signed by a member in lieu of the counsel. Section 61.2. Authority to administer oaths . a. The following officers of the organized militia shall have power to administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for such purposes before such officers: Authority to administer oaths. 1. All judge advocates of the army national guard, air national guard and Georgia state guard. 2. All law specialists; 3. All summary courts-martial; 4. All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; 5. All staff judge advocates and legal officers and acting or assistant staff judge advocates and legal officers; 6. All other persons designated by regulations issued pursuant to this Act. b. The following officers of the organized militia shall have power to administer oaths necessary in the performance of their duties and affidavits may be taken for such purposes before such officers; 1. The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial;

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2. The president and the counsel for the court of any court of inquiry; 3. All officers designated to take a deposition; 4. All persons detailed to conduct an investigation; and 5. All other persons designated by regulations issued pursuant to this Act. c. Officers on the State reserve list and State retired list shall not be authorized to administer oaths as provided in this section unless they are on active duty in or with the organized militia under orders of the Governor as prescribed in this Act. d. As used in this section the term officer shall mean a commissioned officer, commissioned warrant officer or warrant officer. e. The signature without seal of any such person, together with the title of his office, shall be prima facie evidence of his authority. Section 61.3. Articles to be explained . Sections 60.2, 60.3, 60.6, through 60.14, 60.25, 60.27, 60.31, 60.37, 60.38, 60.55, 60.73 through 60.116 and 61.3 through 61.5 of this code shall be carefully explained to every enlisted person at the time of his enlistment or transfer or induction into or when ordered to duty in or with any of the forces of the organized militia or within thirty days thereafter. They shall also be explained annually to each unit of the organized militia. A complete text of this code and of the regulations prescribed by the Governor thereunder shall be made available to any member of the organized militia, upon his request, for his personal examination. Promulgation and explanation of articles. Section 61.4. Complaint of wrongs . Any member of the organized militia who believes himself wronged by his commanding officer, and, upon due application to

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such commander, is refused redress, may complain to any superior officer who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. That officer shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit to the Adjutant General a true statement of such complaint, with the proceedings had thereon. Complaints. Section 61.5. Redress of injuries to property . a. Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the organized militia he may, subject to such regulations as may be prescribed pursuant to this Act, convene a board to investigate the complaint. The board shall consist of from one to three officers and shall have, for the purpose of such investigation power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by such board shall be subject to the approval of the commanding officer, and in the amount approved by him shall be charged against the pay of the offenders. The order of such commanding officer directing charges herein authorized shall be conclusive on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved. Redress of injuries to property. b. Where the offenders cannot be ascertained, but the organization or detachment to which they belong is known, the Adjutant General may direct that the amount of damages assessed and approved be paid to the injured parties from the military fund of the unit or units of the organized militia to which such offenders belonged. Section 61.6. Marshals . a. Summary courts-martial and the presidents of other courts-martial and of courts of inquiry may each appoint and, at any time, remove one or more marshals, who shall execute any process,

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mandate or order issued by such president or court or officer, and perform all acts and duties by this Act imposed on or authorized to be performed by any sheriff as defined in Section 24-2813 of the 1933 Code of Georgia, as amended. Marshals. b. All such marshals shall be deemed peace officers as defined in Section 26-4901, Code of Georgia 1933, as amended, and for the purposes of this Act shall have all the powers and immunities of peace officers. Section 61.7. Process of military courts . a. Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in said courts. Such courts shall have power to issue subpoena and subpoena duces tecum and to enforce by attachment attendance of witnesses and production of books and records. Process. b. Such process and mandates may be issued by summary courts-martial, provost courts and the president of other military courts and may be directed to and may be executed by any sheriff, the marshals of the military court, or any officer as defined in Section 26-4901 of the Code of Georgia, 1933, as amended, and shall be in such form as may be prescribed by regulations issued pursuant to this Act. c. It shall be the duty of all officers to whom such process or mandate may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. Except as otherwise specifically provided in this Act, no such officer shall demand, or require payment of any fee or charge of any nature for receiving, executing or returning any such process or mandate or for any services in connection therewith. Section 61.8. Payment of fines and disposition thereof . All fines and penalties assessed by any courts-martial shall be collected by execution issued under the hand of the president of the court, and directed to the sheriff,

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and returnable to the county in which the delinquent resides, and shall have the same force and effect as a civil process of the same character. All monies collected from fines and forfeitures shall be paid into the military fund, except those collected by the execution of summary court-martial which shall be paid into the unit fund of the unit of which the convicted person is a member. Fines. Section 61.9. Immunity for action of military courts . No action or proceeding shall be prosecuted or maintained against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court. Immunity for actions. Section 61.10. Presumption of jurisdiction . The jurisdiction of the military courts and boards established by this Act shall be presumed and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any action or proceeding. Presumption of jurisdiction. Section 61.11. Delegation by the Governor . The Governor is authorized to deligate any authority vested in him under this code, and to provide for the subdelegation of any such authority, except with respect to the power vested in him under Section 60.22 of this article. Delegation of authority by Governor. Section 61.12. Short title . This article shall be known and may be cited and referred to as the Georgia Code of Military Justice. Short title of code. ARTICLE VIII. APPROPRIATIONS AND FINANCE. Section 62. Military appropriations and fund; military funds . The General Assembly of Georgia shall appropriate from time to time a sufficient sum of money, based on estimates and recommendations made by the Adjutant General and approved by the Governor, for the

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purpose of paying the expenses incident to carrying out the provisions authorized by this Act. All money so appropriated by the General Assembly shall continue and be kept in the treasury as a separate fund to be known as the military fund. All moneys placed in the military fund shall not be converted into the general fund of the treasury; and no part of said military fund shall be used for any purpose except as shall be authorized by law. Military fund. Section 63. Appropriations for units of organized militia; apportionment by Adjutant General : Out of the funds appropriated for the military fund the Adjutant General may, in his discretion, allocate to the units of the organized militia monies for rental, maintenance, and utility expense of unit facilities, and for the welfare of the members of such units. The expenditure of such funds shall be in accordance with regulations issued pursuant to this Act. Allocation. Section 64. Transfer of funds . a. When the available funds are not sufficient for the purpose of paying the expenses incident to carrying out the provisions authorized by this Act, the Governor may transfer from any available fund in the State treasury, such sum as may be necessary to meet such emergency, and said monies so transferred, shall be repaid to the fund from which transferred when monies become available for that purpose by legislative appropriation or otherwise. Transfer of funds. b. In the event of invasion of the State by land, sea or air, the funds referred to in Subparagraph b, Paragraph IV, Section IX, Article VII of the Constitution of the State of Georgia of 1945, as amended, may be utilized on the executive order of the Governor for defense purposes. Invasion. Section 65. Governor authorized to borrow money . When there is no State appropriation or funds available for the purpose of paying the expenses incident to carrying out the provisions of this Act having reference to repelling an invasion, suppressing an insurrection, or defending the State in time of war, as authorized by Paragraphs

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I and II, Section III, Article VII, of the Constitution of the State of Georgia of 1945, the Governor may borrow money for such purpose in such sum or sums as may from time to time be required, and any such loans, so obtained, shall be promptly repaid out of the first funds that become available for such use. Borrowing money. Section 66. Appropriations by the United States; property and equipment . The Governor may initiate and take such action as he may deem proper to obtain all appropriations, property and equipment as may be provided by the United States for the use, training, equipping or benefit of the organized militia. Federal appropriations. Section 67. Appropriations of money or property by counties or municipal corporations for local military units . The governing authorities of the counties and municipal corporations of the State are authorized to make appropriations from the funds of such counties and municipal corporations and donate property, both real and personal, of such counties and minicipal corporations for the support and maintenance of local forces of the organized militia as, in their discretion, they may deem meet and proper. A force of the organized militia shall be deemed to be a local force although its headquarters may be located in a county adjoining the county, or adjoining the county in which such municipal corporation may be located, the governing authority of which desires to make any such appropriations, provided a substantial number of Its personnel are residents of such county or municipal corporation. Local appropriations, etc. Section 68. Appropriations of money or property by counties or municipal corporations for defense . The governing authorities of the counties and municipal corporations of the State are authorized to make appropriations from the funds of such counties and municipal corporations, and are authorized to lease, lend, sell or donate property, both real and personal, of such counties and municipal corporations, to the State of Georgia and the Federal government for purposes of local, state and national defense and for the use of the organized militia.

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Any donation of real property to the State by a county or municipal corporation with a provision in such a gift that such property shall be used for military purposes and should such property not be used military purposes the same shall revert to the donor, shall be a valid gift, and if said property can be used by the State for military purposes shall be accepted by the Governor. When so accepted it shall be lawful to expend funds appropriated for the support of the militia to improve said property with an armory or other military facilities. Same. ARTICLE IX. ARMORIES, MAINTENANCE, STORAGE AND OTHER FACILITIES. Section 69. Definitions. a. The word armory whenever used in this article shall include any building, buildings, aircraft hangars, offices, quarters, or other facilities, and real property provided for and devoted to the training and housing of the organized militia. b. Maintenance facilities shall include shops, centers and other facilities, including storage facilities located within such maintenance facilities, except minor maintenance facilities located within the armories proper, which are utilized for the purpose of maintaining and repairing Federal or State property. Definitions. c. Storage facilities shall include all buildings, warehouses, depots, and other facilities utilized wholly for storage of Federal or State property, but shall not include unit supply facilities located within armories, nor storage facilities in maintenance facilities. d. The word range shall include all outdoor areas, including buildings and other facilities thereon owned, leased, or otherwise operated by the State for training and competition of the organized militia in weapon firing, but shall not include small bore ranges installed within armories or other facilities.

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Section 70. Construction of armories, maintenance, storage and other facilities . The Adjutant General, whenever he shall deem it necessary, subject to the approval of the Governor, and provided funds have been appropriated and provided by the State or by the Unied States or by counties or by municipalities in whole or jointly, is authorized to construct, reconstruct, expand, convert and alter all such facilities as defined in Section 69 of this article, for the use of the organized militia. Construction of armories, etc. Section 71. Equipping and maintenance of facilities . The equipping and maintenance of facilities defined in Section 69 of this article shall be from funds appropriated and provided by the State, United States, the counties and municipalities, in whole, or jointly, and in the case of armories from funds derived from rentals as set forth in Section 74 of this article. Maintenance and equipment. Section 72. Procurement of Federal funds for construction, etc. a. The Military Division, Department of Defense, is hereby designated as the agency of the State. Procurement of Federal funds. 1. To take such steps as may be necessary to develop programs for the expenditure of Federal funds and to procure the allotment of such funds as may be provided by or pursuant to any act of Congress for the construction, demolition, reconstruction, improvement, equipping, furnishing, maintenance, and operation of armories, camps, ranges, bases, or any building, structure or facility for the organized militia, and 2. To execute and administer such programs and to cooperate with the Federal authorities responsible therefor. b. The Adjutant General, subject to the approval of the Governor, is hereby authorized and empowered to negotiate for, accept, and approve projects, proposals, contracts and agreements for the construction, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation, in whole or in part with Federal

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funds, of armories, camps, ranges, bases or any building, structure or facility for the organized militia. c. When Federal funds are made available or provided to the State either directly or by way of reimbursement, in whole or in part, for any monies expended by the State for the construction, demolition, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation of any armory, camp, range, base, building, structure or facility for the organized militia, the Adjutant General is hereby authorized to receive such funds in behalf of the State. Section 73. Control of armories and other facilities . All armories and other facilities defined in this article, owned, leased or maintained by the State or by the United States for use of the organized militia and all activities conducted therein shall be under the general charge and control of the Adjutant General. Unless otherwise designated by the Adjutant General, the unit commander shall be the officer-in-charge of the armory and other facilities occupied by his unit; provided, however, where two or more units occupy the same armory or facility, the senior unit commander shall be the officer-in-charge. The officer-in-charge shall be directly responsible to the Adjutant General for carrying out the provisions of this article and regulations issued pursuant thereto. Control of facilities. Section 74. Use of armories and other facilities . a. Armories and other facilities owned, leased, and operated by the State will not be used at any time by others when such use will interfere in any way with the functions and training of the organized militia unit or units occupying the same. Use of facilities. b. The use of armories and other facilities shall be in accordance with regulations issued pursuant to this article. c. Armories and other facilities of the organized militia

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shall not be used for political or religious purposes, except that an armory may be used for the purpose of holding the national or state convention of a political party with the prior approval of the Adjutant General. ARTICLE X. PAY AND ALLOWANCES. Section 75. Pay and allowances . a. Each member of the militia ordered into the active service of the State pursuant to Section 7 and 10 of this Act shall receive for each day of such duty the same pay and quarters allowance received by members of the appropriate force of the armed forces of the United States of correspondeing grade, rating and length of service. Pay and allowances. b. Pay and quarters allowance for each day of special duty provided for in Subsection b, Section 32 of this Act shall be the same as the pay and allowances prescribed for members of the appropriate force of the armed forces of the United States of corresponding grade, rating and length of service. c. In addition to the pay and quarters allowance provided for members of the militia under the provisions of Subsections a and b of this section, such members shall also receive necessary travel expenses, where authorized. d. In lieu of the provisions of Subsection b of this section, a medical examiner may be paid for his services and necessary disbursements and a judge advocate may be paid for legal services and necessary disbursements, in connection with any duty of service performed by him, such amounts as shall be approved by the Adjutant General. e. Notwithstanding any of the provisions of this article, members of the organized militia may, with their consent, perform without pay or without pay and allowances any of the types of military duty described in Subsection b, Section 32 of this Act pursuant to orders

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issued by competent military authority; provided, that necessary travel expenses may be furnished such members within the discretion of the Adjutant General and within the amount appropriated therefor. Section 76. Pay and care when injured or disabled in service, pensions, pension examining boards, rehearings . a. Any member of the organized militia who shall, when on duty or assembled therefor, in case of riot, tumult, breach of peace, insurrection, invasion, or disaster, or whenever ordered by the Governor, or the Adjutant General, or called in aid of civil authorities, receive any wound or injury or shall incur or contract any disability or disease, by reason of such duty or assembly therefor, or who shall without fault or neglect on his part be wounded or disabled while performing any lawfully ordered duty, which shall incapacitate him from pursuing his usual business or occupation shall receive the pay and allowances provided by this Act and the actual necessary expenses for care and medical attendance during the period of such incapacity not exceeding ninety days from the date of receiving the injury or of incurring or contracting the disease or disability. If authority therefor is granted by the Adjutant General, expenses for such care and medical attendance may be allowed for an additional period, within one year from the date when the wound or injury was received or the disease or disability was incurred or contracted, or not to exceed two hundred days. Injuries, pay and care; pensions, etc. b. None of the benefits provided by Subsection a of this section shall be paid or allowed unless a claim therefor is presented to the Adjutant General within one year after the date when such wound, injury, disease or disability was incurred or contracted. None of the benefits provided by Subsection a of this section and by Subsection k of this section shall be paid or allowed by the State for any period during which such a member of the organized militia is entitled to receive the same as a charge against Federal funds. c. 1. When a claim is made under Subsection a of

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this section the Adjutant General may cause examinations of the claimant to be made from time to time by a physician, surgeon, or designated for the purpose by the Adjutant General and he may direct the removal of a claimant to, and his treatment in, a hospital designated by the Adjutant General, and if the claimant refuses to permit any such examination or if he refuses to go to such a hospital or to follwo the advice given or treatment prescribed for him therein, he shall thereby forfeit and be barred from all right to any claim or allowance under this section. 2. The Adjutant General may appoint a board of three officers, at least one of whom shall be a medical officer, to inquire into the merits of any claim presented under Subsection a, and to recommend the amount or may, in his discretion, determine any claim without appointing a board and fix the amount to be paid or allowed. If no medical officer is available, such medical member on such board may be a civilian physician, surgion or dentist. 3. A board so appointed shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and to produce books and papers and to punish their failure to do so as is possessed by courts of inquiry and courts-martial. 4. The findings and recommendations of the board shall be submitted to the Adjutant General who may return the proceedings to such board for reconsideration or for taking further testimony and who shall approve or disapprove the claim and fix the amount, if any, to be paid or allowed. The amount so fixed by the Adjutant General shall be paid from the military fund. d. Any member of the organized militia who shall be disabled or has been so disabled in the performance of any actual service of this State within three years preceding the application for a pension under this section, in case of riots, tumults, breach of the peace, disaster, invasion, insurrection or imminent danger thereof, or

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whenever called upon in aid of the civil authorities or while engaged in any lawfully ordered parade, drill, encampment or inspection, shall, upon proof of the fact, as hereinafter provided, be placed on the disability retired roll of the State and shall receive out of the military fund, upon the approval of the Adjutant General and approval of the Governor, the same pension or reward that persons under similar circumstances receive from the United States. e. In case any such member of the organized militia shall die as the result of any such wound, injury, or disease within one year after it has been incurred or contracted, the widow, minor children or dependent mother of such member of the organized militia shall receive such pension and reward as persons under similar circumstances receive from the United States. f. None of the benefits provided by Subsection e of this section shall be paid or allowed unless a claim therefor is presented to the Adjutant General within one year after the date of death of the member of the organized milita. None of the benefits provided by Subsection d of this section or on a rehearing of a pension claim under Subsection k of this section shall be paid or allowed while the applicant is on the active list. g. If any member of the militia shall die while in the active service of the State, his reasonable funeral expenses, in the same amount as is paid under similar circumstances by the United States shall be paid by the State, in such manner as the Governor may direct. h. None of the benefits provided by Subsections d, e f or g of this section and by Subsection k of this section shall be allowed or paid by the State when such benefits are paid from Federal funds. Nothing contained in this section shall be deemed to make applicable any of the provisions of the war risk insurance law of the United States. The pension or reward to be allowed under this section shall be that provided for by the appropriate retirement or pension laws of the United States so far

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as the same may be applicable in substance, without regard to form. i. Before the name of any person is placed upon the disability retired roll of the State under this section, proof shall be made under regulations issued pursuant to this Act that the applicant is entitled to such pension or reward. The Adjutant General, with the approval of the Governor, shall cause to be stricken from such roll the name of any person whenever it appears by satisfactory proof that such name was put upon such roll through false or fradulent representations. The Adjutant General, with the approval of the Governor, may increase, reduce or withdraw any pension or reward according to the right and justice and the practice under the laws and regulations of the United States. j. 1. The Adjutant General shall appoint a pension examining board of three officers, at least one of whom shall be a medical officer, to inquire into the merits of any claim presented under Subsections d, e, and f and to recommend the amount or amounts, if any, to be paid or allowed. If no medical officer is available, the medical officer on such board may be a civilian physician, surgeon or dentist. 2. A pension examining board so appointed shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and to produce books and papers and to punish for failure to do so as is possessed by courts of inquiry and courts-martial. 3. The finding and recommendations of the pension examining board shall be submitted to the Adjutant General who may return the proceedings to such board for reconsideration or for taking further testimony and who shall approve or disapprove the claim and fix the amount, if any, to be paid or allowed under Subsections d, e, or f of this section. The amount so fixed by the Adjutant General shall be a charge against and be paid from the military fund.

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4. The Adjutant General, with the approval of the Governor and with the consent of the applicant, may commute any pension or reward by payment of a lump sum to be accepted by the applicant in full satisfaction of all claims under Subsections d, e, or f. k. Whenever a claim under this section is disapproved or disallowed, in whole or in part, the Adjutant General shall cause notice thereof to be served by mail upon the claimant or his attorney. Within six months after the service of such notice the claimant may apply to the Adjutant General for a rehearing of his claim. The Adjutant General may deny or grant such an application. If granted, the Adjutant General may appoint, as appropriate, another medical examiner or board as provided by Subsection c of this section or another pension examining board as provided by Subsection j of this section. l The pensions of Subsection c and Subparagraphs 2, 3 and 4 of Subsection j of this section shall be applicable with respect to claims reheard pursuant to Subsection k of this section. Section 77. Uniform allowance for officers . Whenever the military fund will permit, the Governor, in his discretion, may prescribe an allowance to officers to cover the expense of their uniforms, arms and equipment. ARTICLE XI. PRIVILEGES AND PROHIBITIONS. Section 78. Relief from civil or criminal liability; exemption from civil process; security for attorneys fees . Members of the militia ordered into the active service of the State pursuant to the provisions of this Act, shall not be liable civilly or criminally, for any acts done by them in the performance of their duty. When an action or proceeding of any nature shall be commenced in any court by any person against any officer of the militia for any act done by him in his official capacity in the

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discharge of any duty under this Act, or an alleged omission by him to do an act which it was his duty to perform or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by him pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to give security, in such amount as shall be determined by the judge of the court in which said action is pending, for the payment of attorney fees that may be awarded to the defendant therein. In default of giving such security the action or proceeding shall be dismissed. Such a defendant, in whose favor a final judgment is rendered shall recover from the person instituting or prosecuting the action or proceeding reasonable attorney's fees. Immunity from liability. Section 79. Change of venue for persons indicted or sued for performance of military duty . Any civil officer, officer or member of the militia or any person lawfully aiding them in the performance of any military duty required under the provisions of this Act, if indicted or sued for any crime or trespass, or for injury to person or property in endeavoring to perform such duty, shall shall the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of any person thus indicted or sued, to transfer the trial of the indictment or suit to some county other than that in which the indictment was found or the injury done. Such transfer shall be made to any county that may be agreed upon by the solicitor-general and the defendant or his counsel, in case of indictment; or by the parties and their counsel, in case of suit. If a county is not thus agreed upon the judge shall select such county as in his judgment will afford a fair and impartial jury to try the case and have it transferred accordingly. Venue of actions. Section 80. Exemption from arrest on civil process . No person belonging to the organized militia of the State shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. No part

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of the uniform or equipment of any officer or enlisted man of the organized militia shall be subject to levy and sale for debts. Arrests on civil process. Section 81. Free passage through toll-gates and tunnels and over toll-bridges and ferries . Any person belonging to the organized militia shall, together with the conveyance in his charge, and property of the State or of the United States in his charge, be allowed to pass free through all toll-gates and tunnels and over all toll-bridges and also over all ferries if he is in uniform and presents an order for duty or certificate of an order for duty. Free passage. Section 82. Unlawful conversion of military property; unlawful wearing of uniforms and devices indicating rank . a. It shall be unlawful for any person to secrete, sell, dispose of, offer for sale, purchase, retain after demand by a commissioned officer of the organized militia, or in any manner pawn or pledge any arms, uniforms, equipments, or other military property, issued under the provisions of this Act. Conversion of military property. b. It shall be unlawful for any person, except members of components of the armed forces of the United States, members of the organized militia of this or any other State, members of associations wholly composed of persons honorably discharged from the armed forces of the United States and members of associations wholly composed of sons of veterans of any war of the United States, to wear any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by regulation, duly promulgated, prescribed for the use of the organized militia or similar thereto, provided that this section shall not apply to cadets of military schools, the Boy Scouts of America, or to persons wearing on the stage any such uniform at theatrical or like performances. Uniforms insignia, etc. Section 83. Road duty, jury duty and street tax; exemption from . Officers and enlisted personnel of the

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organized militia shall be exempt from road duty, street tax, and jury duty, any local or special laws to the contrary notwithstanding. The commanding officer of each or any force of the organized militia shall furnish each member of his command applying for the same such certificate of membership as may be prescribed by the Adjutant General, signed by such commanding officer, which certificate shall be accepted by any court as proof of exemption as provided by this section. Such certificate shall be good only for thirty days after which it bears date. Road and jury duty, street tax. Section 84. Unauthorized military bodies, formation, parades, and support by counties or cities prohibited . a. No body of men other than the organized militia, components of the armed forces of the United States, and bodies of the police and State constabulary and such other organizations as may be formed under the provisions of this Act shall associate themselves together as a military unit or parade or demonstrate in public with firearms. Parades, drills, etc. b. Associations wholly comprised of military personnel honorably discharged from the service of the United States and benevolent and secret organizations may parade in public with swords. Students in educational institutions where military science is a prescribed part of the course of instruction, may, drill or parade with firearms in public under the supervision of their instructors. This section shall not be construed to prevent parades in public with firearms by authorized organizations of the organized militia of any other State. c. No political subdivision of this State shall raise or appropriate any money toward arming, equipping, uniforming or in any other way supporting, sustaining or providing drill rooms or armories for any such unauthorized organizations. Section 85. Devises, bequests and conveyances . Every unit of the organized militia is and shall be deemed to be a society within the meaning of Section 22-412 of the

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Code of Georgia of 1933, as amended, and Sections 22-409 to 22-411, both inclusive, of said code shall apply to such society; provided, however, the commissioned officer or officers of such unit shall constitute the trustee or trustees of such society and provided further, should any unit have assigned more than three commissioned officers, the senior three shall constitute the trustee of such society. The name or names of such trustees or trustees shall be certified under the hand of the commanding officer of such unit and the said certificate shall be recorded in the office of the clerk of the superior court of the county wherein lies any property held in trust by such trustee or trustees. Any vacancy which may happen in said trust shall be filled by the officer appointed to fill the vacancy in such unit. When any such vacancy shall be filled; the same shall be certified under the hand of the commanding officer of the unit, which certificate shall state the name of the officer to fill the vacancy and the name of the officer whom he succeeds, unless such officer fills an original vacancy in such unit, and the said certificate shall be recorded in the office of the clerk of the superior court of the county wherein lies property held in trust by such trustees. Any such society referred to in this section may take and hold by devise or bequest the title to real and personal property for its uses and purposes as a military organization, in addition to its right and power to take the same by deed of conveyance, and subject to the uses and purposes contained in such deed of conveyance or devise or bequest, may mortgage, sell, lease or otherwise dispose of the same. Should any such unit be deactivated, disbanded, or should such unit be moved from the locality where it acquired the title to such property, or be called or ordered into the active service of the United States, or by orders of competent authority cease to function as a unit of the organized militia, the title to any such property held by such unit shall vest in trust in the Adjutant General or other officer nearest corresponding to the Adjutant General, should that office not be in existence, to be by him conveyed to the trustees of some other unit of the organized militia nearest like such predecessor unit, as determined by him, in trust for military purposes. Devises. bequests, conveyances.

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Section 86. Rights of public officers and employees absent on military duty as members of the organized militia or of reserve forces or reserve components of the armed forces of the United States . a. Definitions. 1. The term public officer or employee, as used in this section, shall include every person, by whatsoever title, description or designation known, who receives any pay, salary or compensation of any kind from the State, county or a municipal corporation or any other political subdivision thereof, or who is in any department of the State, but shall not include persons employed by the State, county or a municipal corporation or any political subdivision thereof on a temporary basis. Public officers and employees absent on military duty. 2. The term ordered military duty, as used in this section, shall mean: (a) Any military duty performed in the service of the State or of the United States, including but not limited to attendance at any service school or schools conducted by the armed forces of the United States by a public officer or employee as a voluntary member of any force of the organized militia or of any reserve force or reserve component of the armed forces of the United States pursuant to orders issued by competent State and Federal authority, without the consent of such public officer or employee. (b) Such duty, performed for a period or periods not exceeding a total of thirty days in any one calendar year, shall be deemed ordered military duty regardless of whether such orders are or may be issued with the consent of such public officer or employee. b. Leave of absence while engaged in performance of ordered military duty . Every public officer or employee shall be entitled to absent himself and shall be deemed to have a leave of absence from his duties or service as such public officer or employee while engaged in the performance of ordered military duty and while going to and returning from such duty. c. Leave of absence while attending service schools .

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Every public officer or employee who is or becomes a voluntary member of any force of the organized militia or of any reserve force or reserve component of the armed forces of the United States shall be entitled to absent himself and shall be deemed to have a leave of absence from his duties or service as such public officer or employee while in attendance, as a member of such force or reserve component, at any service school or schools conducted by the armed forces of the United States for a period or periods up to and including four months, and while going to and returning from such school or schools, notwithstanding that orders for such attendance are or may be issued with the consent of such public officer or employee. No such public officer or employee, however, shall be entitled to absent himself in excess of a total of four months during any four year period. d. Employment rights . Time during which a public officer or employee is absent pursuant to the provisions of Subsections b and c of this section shall not constitute an interruption of continuous employment, and not withstanding the provisions of any general, special or local law or the provisions of any city charter, no such officer or employee shall be subjected, directly or indirectly to any loss or dimunition of time service, increment, vacation or holiday privileges, or any other right or privilege, by reason of such absence, or be prejudiced, by reason of such absence with reference to continuance in office or employment, reappointment to office, re-employment, reinstatement, transfer or promotion. e. Pay for thirty days . Every public officer or employee shall be paid his salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty, not exceeding a total of thirty days in any one calendar year and not exceeding thirty days in any one continuous period of such absence. f. Rights and contributions under retirement systems .

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1. The amount of required contributions to any pension or retirement system of which a public officer or employee absent while engaged in the performance of ordered military duty is a member shall be deducted from the salary or other compensation paid to him as such public officer or employee as provided in this section. If such required contributions exceed the amount of such salary or other compensation to which a public officer or employee is entitled while engaged in the performance of military duty, the amount of such salary or other compensation shall be applied upon such required contributions and such public officer or employee shall have the right to pay to such pension or retirement system the amount by which such contributions exceed such salary or other compensation. Such public officer or employee shall also have the right to pay to such system, for any period of such absence during which he shall receive no salary or other compensation as such public officer or employee, the amount that he would have contributed to such system if he had been present and continuously engaged in the performance of the duties of his position during such period. 2. Such payments, other than those deducted from his salary or other compensation as such officer or employee, may be paid from time to time at any time while engaged in such ordered military duty or within five years after the date of termination of such ordered military duty, or, in the event of the death of such public officer or employee while engaged in ordered military duty, such payments, or any part thereof, may be made by the named beneficiary or the legal representative of such public officer's or employee's estate within one year following proof of such death. 3. To the extent that such contributions are paid, absence while engaged in the performance of ordered military duty shall be counted in determining the length of total service under such pension or retirement system. 4. Any such public officer or employee, while engaged in the performance of ordered military duty, or his beneficiary,

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as the case may be, shall be entitled to all the benefits of the pension or retirement system of which he is a member, except accidental disability retirement and accidental death benefit. g. This section shall not apply to any public officer or employee who was or is involuntarily transferred, assigned, drafted or inducted to or into any of the forces of the organized militia or any of the reserve forces or reserve components of the armed forces of the United States, or to any public officer or employee who was or is inducted into the armed forces of the United States not as a member of any force of the organized militia or of any reserve force or reserve component of the armed forces of the United States. Section 87. Reemployment in private industry . a. In the case of any person who, in order to perform military service, has left or leaves a position, other than a temporary position, in the employ of any employer, and who 1. Received a certificate of completion of military service duly executed by an officer of the applicable force of the armed forces of the United States or by an officer of the applicable force of the organized militia; Reemployment in private industry. 2. Is still qualified to perform the duties of such position; and 3. Makes application for reemployment within ninety days after he is relieved from such service, if such position was in the employ of a private employer, such employer shall restore such person to such position, or to a position of like seniority, status and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. b. The benefits, rights, and privileges granted to persons in the military service by this section shall be extended to and be applicable to any person who, in order to participate in assemblies or annual training pursuant to Section 32 of this Act or in order to attend service

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schools conducted by the armed forces of the United States for a period or periods up to and including four months, temporarily leaves or has left his position, other than a temporary position, in the employ of any employer and who, being qualified to perform the duties of such position, makes application for reemployment within ten days after completion of such temporary period of service; provided that no such person shall be entitled to the said benefits, rights and privileges for such attendance at any service school or schools exceeding a total of four months during any four year period. c. The benefits, rights and privileges granted to persons in the military service by this section shall be extended to and be applicable to any person who is or becomes a member of the organized militia or of a reserve component of the armed forces of the United States and who, because of such membership is discharged by his employer or whose employment is suspended by his employer because of such membership and who, being qualified to perform the duties of such position, makes application for reemployment or termination of the period of his suspension within ten days after such discharge or suspension. d. Any person who is restored to a position in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of military service, temporary service under Subsection b hereof, or of discharge or suspension under Subsection c hereof, shall be restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person entered the military service or commenced such temporary service or was so discharged or suspended, and shall not be discharged from such position without cause, within one year after such restoration. e. In case any private employer fails or refuses to

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comply with the provisions of this section, the superior court of the county in which such private employer resides, shall have the power, upon petition by the person entitled to the benefits of such provision, to specifically require such employer, by injunction, mandatory or otherwise, to comply with such provisions, and may, as an incident thereto, compensate such person for any loss of wages or benefits suffered by reason of such employer's unlawful action. The court shall order a speedy hearing in any such case, and may specially set it on the calendar. Any person claiming to be entitled to the benefits of the provisions of this section may appear by his own counsel, or upon application to the Attorney General of the State, may request that the Attorney General appear and act on his behalf. If the Attorney General is reasonably satisfied that the person so applying is entitled to such benefits, he shall appear and act as attorney for such person in the amicable adjustment of the claim, or in the filing of any petition and the prosecution thereof. In the hearing and determination of petitions under this section no fees or court costs shall be assessed against a person so applying for such benefits. Section 88. Oaths . Any commissioned officer or warrant officer of any force of the organized militia and any officer in the active military service of the United States is hereby authorized to administer the oath required for the enlistment of any person, the oath required for the appointment of any person to commissioned or warrant officer grade and any other oath required by the laws of the United States and by this Act and by the regulations issued thereunder in connection with the enlistment or appointment of any person in any of such forces, and to witness military documents and instruments over his official signature. Oaths. Section 89. Awards . a. To every officer and enlisted man who has served this State honorably and faithfully for ten years, continuously or otherwise, and who continues in active service as an officer or enlisted man after that period, shall be awarded a bronze medal of suitable design and inscription, and after each additional ten

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years of honorable and faithful service, continuous or otherwise, there shall be awarded, upon like continuance in service, a suitable bar. These medals and bars shall be furnished by the State through the Military Division upon application of the person entitled thereto, approved by intermediate commanders, and the expenses of the same shall be paid out of the military fund. Awards. b. In addition to the awarding of the medals and bars above provided, the Adjutant General is authorized to award distinctive service medals to officers and enlisted men and honorably discharged officers and enlisted men of the organized militia for meritorious services performed by said officers and enlisted men under the following provisions: 1. The design and inscription on said medals shall be determined by the Adjutant General. 2. Not exceeding five of such medals shall be awarded in one calendar year. 3. Two of said medals shall be awarded in the discretion of the Adjutant General for meritorious service performed by any officer or enlisted man. 4. Three of said medals shall be awarded by the Adjutant General annually, upon the recommendation of a board of five officers to be appointed each year for the purpose of selecting the three members of the organized militia that have performed the most meritorious services during the calendar year. 5. The Adjutant General shall be authorized to make such rules and regulations as he may deem advisable with reference to convening of the board provided for in Subparagraph 4 hereof; and the evidence as to meritorious services to be considered by said board. 6. The expense of said medals shall be paid from the military fund.

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c. On the recommendation of the Adjutant General, the Governor may authorize the award of trophies, citations and other types of awards to members and units of the organized militia for outstanding achievements as he deems advisable to inspire the spirit of competition and to stimulate interest to the end that technical proficiency and a high standard of efficiency in administration and training are attained. The expense of such awards shall be paid from the military fund. ARTICLE XII. FLAGS. Section 90. Description and use of State flag; duty to carry . The flag of the State of Georgia shall be a vertical band of blue next to the flagstaff, and occupying one-third of the entire flag; the remainder of the space shall be equally divided into three horizontal bands, the upper and lower of which shall be scarlet in color, and the middle band white. On the blue field shall be stamped, painted or embroidered the coat of arms of the State. Every force of the organized militia, shall, when on parade or review, carry this flag. State flag. Section 91. Confederate flags; preservation of . The flags of the Georgia troops who served in the army of the Confederate States, and which have been returned to the State by the United States government, shall be preserved for all time in the Capitol, as priceless mementos of the cause they represented and of the heroism and patriotism of the men who bore them. Confederate flags. Section 92. Spanish-American War flags . The flags of the Georgia regiments engaged in the Spanish-American war shall be displayed in the corridors of the Capitol in a manner similar to those of the Confederate regiments. Spanish-American war flags. Section 93. Duty of Governor to accept flags . When any such flag shall be offered to the State, it shall be the duty of the Governor to accept it in behalf of the State,

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and to make such provisions for its preservation as may be necessary to protect and preserve it from the ravages of time, dust and moths. Acceptance of flags. Section 94. Pledge of allegiance to State flag . The following is adopted as the pledge of allegiance to the State flag: I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, and Moderation. Pledge of allegiance. Section 95. State flag to be displayed . The State flag shall be displayed on appropriate occasions in the public and private schools of this State and in all patriotic meetings, and the citizens of our State are requested to take the pledge of allegiance set out in Section 94. Display. Section 96. Using State flag or coat of arms for advertising purposes . It shall be unlawful for any person, firm or corporation to use the State flag or coat of arms for advertising purposes or to desecrate or otherwise misuse the same. Use of flag or coat of arms. ARTICLE XIII. POWERS OF THE ORGANIZED MILITIA ON ACTIVE SERVICE OR ACTIVE DUTY. Section 97. Right of way for troops . The commanding officer of any force of the organized militia parading or performing any military duty in any street or highway, may require any or all persons in such street or highway to yield the right of way to such militia, provided the carriage of the United States mail, the legitimate functions of the police and the progress and operations of ambulances, fire departments and fire engines and apparatus shall not be interfered with thereby. It shall be unlawful for all others to hinder, delay, or obstruct any unit of the organized militia wherever parading or performing any military duty, or to attempt so to do. Right of way for troops. Section 98. Closing places where firearms and ammunition are sold, etc. Whenever any force of the organized

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militia is or has been called out for the performance of any duty under the provisions of Section 7 of this Act, it shall be lawful for the commanding officer of such force, if in his judgment the maintenance of law and order in the area into which such force has been ordered will be thereby promoted, to close places where arms and ammunition are sold, and all places where disorder is likely to occur. Closing dangerous places. Section 99. Control of streets . Whenever any force of the organized militia is, or has been, called out for the performance of any duty under the provisions of this Act, it shall be lawful for the commanding officer of such force, if it be deemed advisable to do so, in subduing or preventing any riot, rout, mob, tumult or unlawful assembly, or the place where the same is threatening, or where the said force may be at the time being; and otherwise to regulate the passage and occupancy of such streets and places. Control of streets. Section 100. Dispersion of mob . Before using any military force in suppression of any riot, rout, tumult, mob or other lawless or unlawful assembly or combination, it shall be the duty of the officer in command of such force, or some person by him deputed, to command the persons composing such riotous or unlawful assemblage or mob, to disperse and return peaceably to their abodes and businesses. In no case shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultous or unlawful assembly, nor shall any command be necessary when the officer or person, in order to give it, would be put in imminent danger of loss of life, or bodily harm, or where such unlawful assemblage or mob is engaged in the commission or perpetration of any felony, or in assaulting or attacking any civil officer or person called to aid him in the preservation of the peace, or is otherwise engaged in actual violence to person or property. Mobs. Section 101. Duty of citizens when shot is fired or missile thrown . Whenever any shot is fired or missile thrown at, against or upon any force of the organized

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militia, or against any officer or member thereof, assembling or assembled for the purpose of performing any duties under the provisions of this Act, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or the missile thrown to immediately disperse and retire therefrom without awaiting any order to do so. Duty of citizens. Section 102. Protection of buildings or prisoners . The commanding officer of any force of the organized militia, guarding any jail, building or other place, or escorting any prisoner or performing any other act of duty may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail, building or other place, or escort of such prisoner, within which unauthorized persons shall not come. Any person coming within said limits so prescribed may be placed in arrest by the military authorities. Protection of buildings and prisoners. Section 103. Arrest of trespassers and disturbers: Prohibition of sales, gambling, spiritous beverages, and disorderly places . a. Any person who shall, after due warning, trespass upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any force of the organized militia is performing military duty, or who shall in any manner interrupt or molest the discharge of military duties by any member or force of the organized militia, or who shall interrupt or prevent the passage of troops of the organized militia, or who shall insult, by jeer or otherwise, any member of the organized militia, may be placed in arrest by any officer of the force performing such military duty at the place where the offense is committed and delivered to the proper civil authorities. Arrests. b. The commanding officer of any force of the organized militia performing military duty in or at any armory, arsenal, camp, range, base or other facility of the organized militia or other place where such force is performing military duty, may prohibit persons from hawking, peddling, vending, selling, or auctioning goods, wares, merchandise, food products or beverages and may prohibit

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all gambling, or the sale or use of spiritous beverages, or the establishment or maintenance of a disorderly place, within the limits of such armory, arsenal, camp, range, base or other facility of the organized militia or other place where such force is performing military duty, or within such limits not exceeding one mile therefrom as he may prescribe. ARTICLE XIV. MISCELLANEOUS PROVISIONS. Section 104. Governor may accept donations . The Governor, in his discretion, may accept donations of money and property, both real and personal, to be used for military purposes by the organized militia under such conditions as the donor may designate. Donations. Section 105. Honorary special pay members . Each unit of the organized militia shall have the privilege of bearing upon its roll a class of membership, not to exceed 30 in number to be known and designated as honorary special pay members who, upon paying a sum of money into the unit fund of such unit, not to exceed $50.00 per annum, shall be exempt from jury duty and street tax, so long as membership is continued. Certificates of membership shall be prepared and signed by the unit commander, and delivered to each of the honorary special pay members of the unit, and, when produced in any court, shall be evidence of the right of the holder thereof to the exemption herein granted. Honorary special pay members. ARTICLE XV. CRIMES. Section 106. Failure to appear for registration or draft . Any member of the unorganized militia who is ordered to register or be drafted under the provisions of Sections 5 or 10 of this Act and who fails to appear at the time and place designated in such order shall be guilty of misdemeanor.

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Section 107. Unlawful conversion of military property . Any person violating the provisions of Section 82 a of this Act shall be guilty of a misdemeanor. Section 108. Wearing uniforms unlawfully . Any person violating the provisions of Section 82 b of this Act shall be guilty of a misdemeanor. Section 109. Unlawful formation and parades of military organizations . Any person who associates himself with or parades with any unauthorized body of men as set forth in Subsection a of Section 84 of this Act shall be guilty of a misdemeanor. Section 110. Using State flag or coat of arms for advertising purposes . Any person who shall use the State flag or coat of arms for advertising purposes or who shall desecrate or otherwise misuse the same shall be guilty of a misdemeanor. Section 111. Obstruction of right of way for troops . Any person violating the provisions of Section 97 of this Act shall be guilty of a misdemeanor. Section 112. Unlawful sale or disposal of arms or ammunition, etc. Any person who shall sell or dispense arms or ammunition in violation of an order of a commanding officer under the authority of Section 98 of this Act, or who shall maintain a place ordered to be closed under said authority, shall be guilty of a felony and upon conviction thereof, shall be confined to the penitentiary for not less than two nor more than five years. Section 113. Violation of regulations authorized by Section 99 for control of streets . Any person after being duly informed of any prohibition or regulation authorized by Section 99 of this Act, for closing or otherwise controlling streets, roads or places and who attempts to go or to remain on such street, road, or place, or who fails to depart after being warned, shall be guilty of a felony, and upon conviction shall be punished therefor by confinement in the penitentiary for not less than one nor more than five years.

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Section 114. Failure to obey orders to disperse . Any person or persons composing or taking part in any riot, rout, mob, tumult or lawless combination or assembly, who after being duly commanded to disperse as provided in Section 100 of this Act, willfully and intentionally fails to do so, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years. Section 115. Duty of citizen to disperse and retire when shot is fired or missile thrown . Any person failing to retire immediately from any assemblage after a shot has been fired or a missile thrown in any manner mentioned in Section 101 of this Act shall be guilty of a misdemeanor; and any person so remaining in such assemblage after being duly commanded to disperse as provided in Section 100 of this Act, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years. Section 116. Violation of regulations authorized by Section 102 and failure to obey commanding officer . Any person coming within the limits prescribed by the commanding officer of any body or force of the organized militia under the provisions of Section 102 of this Act, without the permission of said officer, or refusing to depart after being ordered to do so, shall be guilty of a felony and upon conviction shall be punished by imprisonment in the penitentiary for not less than one nor more than five years. Section 117. Trespassers and disturbers; Offenses on or within limits of camp, armory, etc. Any person who shall, after due warning, trespass upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any force of the organized militia is performing military duty, or who shall in any way or manner interrupt or molest the discharge of military duties by any member or force of the organized militia, or who shall interrupt or prevent the passage of troops of the organized militia, or who shall insult, by jeer or otherwise, any member of the organized militia;

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or who, in violation of an order authorized by Section 103 of this Act, shall hawk, peddle, vend, auction, or sell goods, wares, merchandise, food products, or beverages, or who shall engage in gambling, or the sale or use of spirituous beverages, or maintain a disorderly place, within the limits prescribed under the authority of said section, shall be guilty of a misdemeanor. Section 118. Exclusion of military personnel from places of amusement . It shall be unlawful for the owner or the owner's agent, whatever may be the latter's designation, of any place of amusement or recreation, otherwise open to the general public, admission to which is free or otherwise, to refuse admission to or exclude from the said place of amusement or of recreation, any officer or enlisted man of any component of the armed forces of the United States, or of the organized militia of this State, or of any State, Territory, or the District of Columbia by reason of such officer's or enlisted man's being in uniform. Any such owner or agent aforesaid who shall violate the provisions of this section shall be guilty of a misdemeanor. Approved February 2, 1955. PORTS AUTHORITY ACT AMENDED. No. 3 (Senate Bill No. 44). An Act to amended an Act creating a Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, particularly by an Act approved February 17, 1949 (Ga. Laws 1949, p. 778), so as to provide for additional members of such Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, particularly by an Act approved February 17,

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1949 (Ga. Laws 1949, p. 778), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Sec. 2 amended. Section 2. Georgia Ports Athority. There is hereby created a body corporate and politic, to be known as the Georgia Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title the said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five members to be appointed by the Governor, one of whom shall be a resident of the First Congressional District as it is now constituted and another from the Eighth Congressional District as it is now constituted, and the three other members shall be selected from the State at large. The Governor shall appoint the two members added hereby, and they shall enter upon their duties as soon as possible after their appointment, but no later than April 1, 1955. The Governor shall designate one of the additional members to serve for a term which shall expire on June 30, 1957, and one to serve for a term which shall expire on June 30, 1959. Successors to such two members, as well as successors to the present three members, shall be appointed for terms of four years, which terms shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Nothing herein shall affect the term of office of the three members presently serving, except that the term of office of each of them shall expire on June 30 of the year in which such term expires rather than July 1 of such year. Any member of the Authority shall be eligible for reappointment. Any person appointed to fill a vacancy shall serve only for the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman, and shall also elect a secretary and treasurer, who may not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the

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duties of the Authority. The members of the Authority shall not be entitled to compensation for their services, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members or to its officials, agents, or employees, such powers and duties as it may deem proper. Said Authority shall have perpetual existence. No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or thereafter become a member of any local port authority of any city, town, county or district. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1955. HOMESTEAD EXEMPTION. Code 92-233 Amended. No. 11 (House Bill No. 136). An Act to amend Subsection (b) of Section 92-233 of the Annotated Code of Georgia of 1933 (Ga. Laws 1937-38, Ex. Sess., pp. 145, 147; Ga. Laws 1939, pp. 98, 99; Ga. Laws 1943, pp. 103, 104; Ga. Laws 1945, p. 455; Ga. Laws 1952, pp, 265, 317-320), which defines the extent of the interest which an applicant for homestead exemption from taxation must have in property in order to be entitled to such homestead exemption with respect thereto, by making such homestead exemption applicable to property held under an occupancy agreement by a stockholder of a non-profit cooperative ownership housing corporation, which corporation is owner of such property or lessee thereof under a ninety-nine year lease, subject to a mortgage insured by the Federal Housing Administration under Section

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213 (a) (1) of the National Housing Act, 64 Stat. 54, 12 U.S.C. 1715 (e); to provide for an effective date; to provide a saving clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Subsection (b) of Section 92-233 of the Annotated Code of Georgia of 1933 (Ga. Laws 1937-38, Ex. Sess. pp. 145, 147; Ga. Laws 1939, pp. 98, 99; Ga. Laws 1943, pp. 103, 104; Ga. Laws 1945, p. 455; Ga. Laws 1952, pp. 265, 317-320), be and the same is hereby amended by striking the period at the end of said Subsection (b) and inserting a comma in lieu thereof and adding the following: ... or holds under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation, which holds property, either as owner or under a ninety-nine year lease, subject to a mortgage insured by the Federal Housing Administration under Section 213 (a) (1) of the National Housing Act, 64 Stat. 54, 12 U. S. C. 1715 (e) (1950).; so that said Subsection (b), when so amended, shall read as follows: Code 92-233 amended. Section 92-233 (b). Where the person who is the applicant holds the bona fide fee title, (although subject to mortgage or debt deed) or an estate for life, or holds under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the said contract, or holds under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation, which holds property, either as owner or under a ninety-nine year lease, subject to a mortgage insured by the Federal Housing Administration under Section 213 (a) (1) of the National Housing Act, 64 Stat. 54, 12 U. S. C. 1715 (e) (1950). New subsection (b). Section 2. That this Act shall be effective on and after January 1, 1955 and its provisions shall apply to the calendar year 1955 and to all subsequent tax years. Section 3. That if any section or part of this Act shall

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be declared invalid, such invalidity shall not affect the validity of the remaining sections or portions of the Act, it being the legislative intent to amend each section hereof separately. Section 4. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. RURAL ROADS AUTHORITY ACT No. 20 (House Bill No. 198) An Act to create the Georgia Rural Roads Authority; to define certain terms in connection therewith; to provide for the appointment and terms of office of the members thereof; to authorize the Authority to acquire from the State or any county rights-of-way and other property and to construct, reconstruct, lay out, repair, improve, operate, own and otherwise deal with rural road projects which will be leased to the State Highway Department and which may be maintained and repaired by State Highway Department of Georgia or by the various counties; to confer powers and impose duties on the Authority; to authorize the Governor or the governing body of any county to convey property and rights-of-way to the Authority; to provide for the initiation of rural road projects; to define the authority of the State Highway Board with respect to rural road projects; to authorize the State and the State Highway Department to lease from the Authority such projects and to contract to pay rental therefor to the Authority; to authorize the inclusion in such leases of convenants on the part of lessees to indemnify and save harmless the Authority on account of injury or damage occurring on said projects; to provide for the setting and cessation of rentals under such leases, and for the payment thereof; to provide for the assignment of any rental due to the Authority under such

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lease contracts; to provide for an Authority fund; to provide for rules and regulations governing projects; to provide for financing the construction of projects by the issuance of bonds payable from the revenues, rents and earnings of the uthority; to prescribe the terms and conditions of such bonds and authorize the collection and pledging of revenues to their payment and to the cost of maintaining, operating, and repairing of rural road projects; to authorize the execution of trust indentures to secure payment of such bonds and to define the rights of the Authority and the holders of such bonds; to provide that the bonds of the Authority shall not constitute a debt of the State; to prescribe the public and charitable nature of the property of the Authority and make its property, its bonds and the income therefrom exempt from taxation; to make bonds of the Authority legal investments; to authorize the issuance of revenue refunding bonds; to fix the venue and jurisdiction of actions relating to any provisions of this Act, and to provide for the validation of such bonds; to provide for declaratory adjudications of the validity of the Authority's lease contracts; to provide for the enforcement of this Act; and for other purposes. Whereas, the General Assembly of Georgia has determined that the system of roads in the rural areas of this State not encompassed in the present State highway system is not adequate for the reasonable needs of the citizens of this State residing in the rural areas, and Whereas, the General Assembly has found an acute need for the improvement and extension of such roads in the rural areas to the end that such citizens may enjoy safe and passable roads throughout the year for the transportation of themselves and the produce of their farms, and the public welfare will be served by an adequate system of rural roads; and Whereas, the revenues arising from the increase in the economy will contribute to the amortization of the cost of these improved roads; and

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Whereas, the General Assembly deems it advisable and to the best interests of this State and its citizens to insure an adequate system of rural roads by means of long term revenue bond financing; Now therefore, be it enacted by the General Assembly of Georgia: Section 1. Short title . This Act may be cited as the Georgia Rural Roads Authority Act. Section 2. Definitions . The following words and terms shall have the meaning hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent: (a) AuthorityGeorgia Rural Roads Authority, created by this Act. (b) BondsAny bonds issued by the Authority under the provisions of this Act, including refunding bonds. Definitions. (c) BridgeA structure erected in order to afford unrestricted vehicular passage over obstructions such as rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways or roads, and canals, and to afford such passage under existing railroads, highways or roads. Provided, however, that as used in this Act, the term shall mean only such a structure as above described which is located within the boundaries of a project and which is necessary or convenient for the use of such project. (d) Cost of the project, or projectsthe cost of construction, cost of all lands, properties, franchises, and rights in property, the cost of all machinery and equipment necessary for operation of a project, financing charges, interest prior to and during construction, cost of engineering, plans and specifications, surveys and supervision, legal expenses, expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, fiscal expense and such other expense as may be necessary or incident to the financing

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authorized by this Act, and the expense of construction or any action permitted by this Act with respect to a particular project, and the placing of the same in operation, and including any other expense authorized by this Act to be incurred by the Authority which is incurred with respect to any action as regards a particular project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under the provisions of this Act for such project or group of projects. (e) Governing authority of a countyThe commissioner, board of commissioners, commission or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county. (f) ProjectA continuous length or stretch of rural road or rural road right-of-way (including bridges located thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Act, or as to which any such action has been completed by the Authority. (g) Rural RoadAny continuous stretch of public way, road, thoroughfare, street or right-of-way, not now or as of the particular time of inquiry in the future designated as part of the State highway system in the manner provided by law and not located wholly within the boundaries of any incorporated municipality, used to afford passage to persons and vehicles from one point to another within this State, including any bridge or bridges located thereon necessary to the convenient and unimpeded use of such road. The term shall include not only such roads as come within this definition at or after the approval of this Act, but also such roads as above defined which may from time to time be planned, laid out and constructed by the Authority pursuant to this Act. The fact that a road owned by the Authority and leased to the State may as provided by this Act be declared part of the State highway system shall not destroy its identity as a rural road for the purposes of this Act. The

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term shall also include a reasonable right-of-way on each side of such road, together with the necessary drainage system, culverts, cuts, fills, and other appurtenances necessary or useful in connection with such road. (h) Self liquidatingA project, or group of projects shall be self-liquidating if in the judgment of the Authority the revenues, rents and earnings derived by the Authority therefrom will be sufficient to pay the principal of and interest on bonds which may be issued for the cost of such project or group of projects plus the cost of maintaining, repairing and operating said projects and other lawful expenses of the Authority. Section 3. Georgia Rural Roads Authority . There is hereby created a body corporate and politic and an instrumentality and public corporation of this State, to be known as Georgia Rural Roads Authority. It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Rural Roads Authority. Section 4. Membership of the Authority; appointment; officers; quorum; compensation; books and records . (a) The Authority shall consist of a member of the State Highway Board to be designated by the Governor and four additional members who shall be appointed by the Governor with the advice and consent of the Senate. Their terms of office shall be as follows: One member shall be appointed for a term of one year, one for two years, one for three years, one for four years; and the Governor in making the appointments shall designate the term to which each is appointed. Successors to the original appointees shall be appointed for terms of six years, except that a member appointed to fill a vacancy occurring other than by expiration of term of office, shall serve only for the unexpired term of his predecessor. Members. (b) Immediately upon their appointment and confirmation by the Senate such members shall enter upon

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their duties without further act or formality, but each shall take the oath required of civil officers. (c) The Authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. Officers. (d) The Authority may make such by-laws for its government as is deemed necessary, but is under no duty to do so. (e) Three members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid. Quorum. (f) The members, except the member who is also a member of the State Highway Board and who shall receive no additional compensation hereunder, shall each be entitled to $20.00 per day for each day of service under this Act, not exceeding sixty (60) days in any calendar year. All members shall also be entitled to actual necessary travelling expenses incurred while in the performance of their duties. Compensations. (g) Members of the Authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the Authority, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the State Auditor at least once in each year. Books and records. Section 5. Powers of the Authority . The Authority shall have, in addition to any other powers conferred in this Act, the following powers: (a) To have a seal and alter the same at its pleasure.

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(b) To acquire, by purchase, lease or otherwise, and to hold, lease and dispose of in any manner, real and personal property of every kind and character for its corporate purposes. Powers. (c) To appoint such additional officers, who need not be members of the Authority, as the Authority deems advisable, and to employ such experts, agents, and employees as may be, in its judgment necessary to carry on properly the business of the Authority; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same; provided, however, that the total compensation paid such persons shall not exceed the sum of $50,000.00 per year. Any excess of this amount shall be personal liability of members. (d) To make such contracts and agreements as the legitimate and necessary purposes of this Act shall require, and to execute and perform lease contracts for projects as permitted by this Act, and to make all other contracts and agreements as may be necessary to the proper performance of any action permitted hereby; (e) To build, rebuild, construct, reconstruct, surface, resurface, lay out, grade, repair, improve, widen, straighten, operate, own, maintain, lease and manage projects located on property owned by the Authority, and to pay the cost in whole or in part of any such action or actions from the proceeds of bonds. (f) To borrow money for any of its corporate purposes and to issue bonds for such pruposes as hereinafter provided. (g) To exercise any power granted to private corporations not in conflict with the Constitution and laws of this State nor with other provisions of this Act. (h) To do and perform all things necessary or convenient to carry out the powers conferred upon the Authority by this Act.

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(i) By or through its agents, or employees, to enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings, and examinations as the Authority may deem necessary or convenient for the purposes of this Act, and such entry shall not be deemed a trespass. The Authority shall, however, make reimbursement for any actual damage resulting from such activities. (j) To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks and other equipment and appliances of any public utility in, on, along, over or under any project. (k) To prescribe rules and regulations for the operation of each project, should the Authority deem such rules and regulations necessary. Section 6. Conveyance of property . (a) The Governor of this State is authorized and empowered to convey, on behlaf of the State, to the Authority any real property or interest therein, or any rights-of-way now or hereafter owned by the State (including property or rights-of-way acquired in the name of the State Highway Department or Board) which is at the time used, or may upon completion of any action permitted to the Authority by this Act be used as a rural road, provided that no road or right-of-way now or hereafter designated as part of the State highway system (except under the terms of Section 12 of this Act) shall be so conveyed. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; provided, however, that such consideration shall be nominal, the benefits flowing to the State and its citizens constituting full and adequate actual consideration. Conveyance of property. (b) The governing authority of any county of this State is authorized and empowered, on behalf of such county, to convey to the Authority any real property or interests therein or any rights-of-way now or hereafter

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owned by such county, which is at the time used or may be upon completion of any action permitted to the Authority by this Act used as a rural road; provided that no road or right-of-way now or hereafter designated as part of the State highway system (except under the terms of Section 12 hereof) shall be so conveyed. The consideration for such conveyance shall be determined by the governing authority of such county and expressed in the deed of conveyance; provided, however, that such consideration shall be nominal, the benefit flowing to the county and its citizens constituting full and adequate actual consideration. (c) The State Highway Board or its successors and the State Highway Department are empowered to acquire, in any manner now permitted to it by law, and to expend funds available to it for such acquisition, real property, interests therein or rights-of-way which upon acquisition may be conveyed by the Governor as above provided to the Authority. (d) If within one year after a conveyance by the Governor or the governing authority of a county as above provided there shall not have been executed a lease covering such property, interests or right-of-way between the Authority and the State Highway Department as hereinafter provided, such property, interests, or right-of-way shall revert to the grantor of same named in such conveyance. Section 7. Initiation of projects . Action by the Authority as respects any project or combination of projects shall be initiated as follows: The State Highway Board, after investigation shall by resolution recommend to the Authority the undertaking with respect to a specific project or a group of projects of any action permitted by this Act deemed by said board to be desirable in the public interest and consistent with the purposes hereof. The Authority shall consider such request and may by resolution provide for undertaking and financing of all or any part of such recommended actions, but it shall be under no duty to undertake or finance any of them. Initiation of projects.

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Section 8. Surveys, plans, specifications and studies by State Highway Department; reimbursement for expenses . (a) The State Highway Board is authorized to make and to expend any funds available to it for the purpose of making surveys, studies and estimates in connection with formulating its recommendations to the Authority; and it is further authorized to prepare and furnish and expend its funds for the purpose of preparing all necessary plans and specifications and furnishing all engineering skill and supervision for any project or projects with respect to which the Authority has undertaken or contemplates undertaking any action permitted by this Act. The State Highway Department shall keep an accurate record of such expenses, which, if not reimbursed or paid for by the Authority as hereinafter permitted, shall be deemed proper and legitimate expenses of said board and department. Surveys, plans, etc. (b) The surveys, plans and specifications for any action taken by the Authority with respect to any project shall be prepared by the State Highway Department and the engineering and construction supervision shall be performed by State Highway Department unless the State Highway Board specifically authorizes the Authority to do so with its own employees and agents. In any event, all such plans and specifications shall be approved by the State Highway Engineer before work is entered upon pursuant thereto. (c) The Authority may contract to reimburse the State Highway Board and Department for surveys, studies, estimates, plans, specifications, furnishing engineering skill and supervision, and for any other services permitted by this Act from the proceeds of any issue of revenue bonds secured by rentals of the project or group of projects with respect to which the services were rendered, and the same shall be considered as part of the cost of the project. Section 9. Contracts; competitive bids . All contracts of the Authority for the construction of any project authorized by this Act shall be let only after public competitive

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sealed bids therefor: Provided, however, that the Authority may contract with any county or other political subdivision of the State for the construction of any project situated wholly or partly within such subdivision, upon agreed terms, but the construction provided for by such contract shall be at unit prices which shall not exceed the average of the unit prices submitted in the immediately preceding sixty days by competitive bidders for similar construction to the State Highway Department or the Authority, whichever may be lower, as determined and averaged by the State Highway Engineer or his designated subordinate. Contracts. Section 10. Lease of projects . The Authority as lessor is authorized to lease any project or group of projects to the State and the State Highway Department as lessees, and the Governor, on behalf of the State, and the State Highway Board, on behalf of the State Highway Department, are authorized to execute and enter upon such leases for the use of a project or group of projects by the State, the State Highway Department, and the general public, on the terms and conditions hereinafter set forth: (a) Said leases shall be for a term not in excess of fifty years; (b) The rental to be paid for the use of the project or projects shall be fixed by the Authority and shall be calculated so as to enable the Authority (1) To pay the principal of and interest on the bonds, the proceeds of which have been or will be spent on the cost of the project or projects thus leased, included premium, if any; (2) To comply with any sinking fund requirement contained in the indenture of trust securing such bonds; Lease of projects. (3) To pay the cost of maintaining, repairing and operating such project or projects;

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(4) To perform fully all of the provisions of the trust indenture securing the bonds to the payment of which such rental is pledged; (5) To pay the pro rata share of the reasonable and necessary administrative and operating expense of the Authority, including any sum or sums that may be owed to the Highway Department as a result of expenditures made by that department under the provision of this Act; (6) To accumulate any excess income which may be required by the bond purchasers or dictated by the requirements of achieving ready marketability and low interest rates of the bonds; (7) To pay any expenses in connection with the bond issue or project or group of projects such as trustees' fees, counsel fees, fiscal fees, and the like. (c) The rental shall be payable at such intervals as may be agreed upon and set forth in such lease, and any lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking of the Authority with respect to any project or projects; and it may also provide for payment of rental during such times as the leased project or group of projects may be partially or wholly untenantable; (d) The lease may obligate the lessees to maintain and to keep in good repair (including complete reconstruction, if necessary) the lease projects, regardless of the cause of the necessity for such maintenance, repair, or reconstruction. If such provision be included in any lease, then the maintenance, repair, upkeep and reconstruction, if necessary, shall be performed by the State Highway Department of Georgia, which is hereby authorized to expend any sums legally available to it in carrying out such obligation: Provided, however, that as to any project which is not a part of the State-aid system of highways the duty of maintenance and repair shall rest upon the county in which all or any portion of a

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project is situated, as in the case of other public roads of the county. (e) The lease may obligate the lessees to indemnify and save harmless the Authority from any and all injury and damage to persons or property occurring on or by reason of the leased premises and improvements thereon, and to undertake at State expense the defense of any actions brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises; and a lease may contain a similar obligation on the part of any county through which a project covered by the lease runs. Section 11. Cessation of rentals . When all of the bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any project or group of projects have been pledged, in whole or in part, either originally or subsequently, primarily or secondarily, directly or indirectly, or otherwise have been paid in full or a sufficient amount for the payment thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, such project or group of projects shall thenceforth be maintained as a part of the public road system of the State free from any and all rental consideration, and shall be maintained and kept in good repair as provided by law. Cessation of rentals. Section 12. Projects to become part of public road system . Each project leased by the Authority to the State and the State Highway Department shall, upon completion of the action with respect thereto undertaken by the Authority, be a part of the system of public roads of the State and of the county or counties wherein the project is located; but no such project not already a part of the State-Aid System of Highways shall become a part of the State-Aid System until designated as such as provided by law. Section 13. Payment of rentals; limit; enforcement of covenants . The rentals contracted to be paid by lessees to the Authority under leases entered upon pursuant to

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this Act shall constitute obligations of the State, for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for that purpose by the General Assembly. In the event of any failure of appropriation such rentals shall be paid by the State Highway Department from any funds available to the department. It shall be the duty of the Governor and the State Highway Board to see to the punctual payment of all such rentals. Payment of rentals. The rentals under all leases entered upon under the provisions of this Act shall not exceed in any fiscal year the sum of $8,500,000.00. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. Covenants. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 14. Authority fund . All revenues in excess of all obligations of the Authority of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the Authority for the security of bonds issued hereunder, together with all receipts and gifts of every kind and nature whatsoever shall be and become the Authority fund. The Authority, in its discretion, shall pledge or utilize the Authority fund for any one or more of the following purposes: Authority fund. (a) Pledges to the payment of any bond issue requirements, sinking or reserve funds, as may be provided for under the terms of this Act;

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(b) Payment of any outstanding unpaid bond obligations or administrative expenses; (c) The construction of any project requested by the State Highway Board the cost of which may amount to a sum less than the accumulated balance of such fund; (d) The most advantageous obtainable purchase, redemption and retirement of the Authority's bonds pursuant to privileges accorded to the Authority in the various issues of bonds outstanding; (e) Investment in obligations of the United States or obligations the payment of which is guaranteed by the United States, of guaranteed convertibility or maturity not in excess of five years, provided, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this Section. Section 15. Bonds limit . The Authority shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $100,000,000.00 in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects; provided, however, that the Authority shall not issue bonds in excess of $30,000,000.00 in principal amount outstanding at any one time unless as a condition precedent the Governor of this State shall by proclamation authorize the issuance of any bond or issue of bonds which would cause said amount of $30,000,000.00 to be exceeded. Bonds. Section 16. Same. Terms; sale; interest rate . (a) All bonds of the Authority shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery; provided that the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the sale and may pay as a penalty for delay in such delivery such reasonable sums as may be

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agreed upon in advance in writing with the purchasers. All bonds of the Authority shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder, providd that as to any issue of bonds the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bond. The Authority may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding held. Sale. (b) Such bonds shall be dated, shall bear interest determined as above provided, and shall be payable as to both principal and interest in such manner as may be determined by the Authority. The principal of and interest on such bonds shall be payable solely from the special fund herein provided for such payment. Interest rate. (c) Such bonds shall mature not more than twenty-five years from the date of such bonds, 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 bonds. Section 17. Same. Form; denomination; registration; place of payment . The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination, or denominations, of the bonds and the place or places of payment of the principal and interest thereon which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone or as to both principal and interest. Form, denominations, etc. Section 18. Same. Signatures; seal . All bonds shall

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be signed by the chairman of the Authority, shall be attested by the secretary thereof, and shall bear the official seal of the Authority. Any coupons attached thereto shall bear the signature of the chairman of the Authority, and may, if the resolution authorizing the issuance of the bonds so provides, be attested by the secretary of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 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. Signatures, seal. Section 19. Same. Negotiability; exemption from taxation . 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 instrument law of this State. Such bonds and the income thereof shall be exempt from all taxation within the State. Negotiability. Taxation. Section 20. Same. Proceeds of Bonds . The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing

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the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds or shall be used for construction of additional projects, as the resolution creating such bonds and the trust indenture securing them may provide. Any additional projects constructed with such excess monies shall be included in the lease the rentals from which are pledged to the payment of such bonds by an appropriate amendment thereto, but no additional rental shall be charged merely on account of such additional projects. Proceeds. Section 21. Same. Interim receipts and certificates or temporary bonds . Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Interim receipts, etc. Section 22. Same. Replacement of lost or mutilated bonds . The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Replacement. Section 23. Same. Condition precedent to and object of issuance . Resolutions for the issuance of such bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the Authority, bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of projects at any one location or any number of locations. Any resolution, providing for the issuance of 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

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passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Condition precedent to issuance. Section 24. Same. Credit of State not pledged . Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Credit of State. Section 25. Same. Security . In the discretion of the Authority, any issue of such bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for any project or projects upon the default of any principal or interest payment upon the bonds thereof, and the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other charges for the use of the project or projects necessary to pay all costs of operation, the principal and interest on the issue, and cost of collection, and all things reasonably necessary to accomplish the collection of such sums, in the event of any default of the Authority, and such resolutions or trust indentures may include covenants setting forth the duties of the Authority in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision of State Highway Department engineers, and may also require that the security given, by contractors and

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by any depository of the proceeds of the bonds or revenues or other monies, be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the right and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indentures may contain such other provisions as the Authority may deem advisable, reasonable and proper fr the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture or an administrative expense of the Authority. Security. Section 26. Same. To whom proceeds of bonds shall be paid . The Authority shall, in the resolution providing for issuance of 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. Proceeds. Section 27. Pledge of revenues . The revenues, rents and earnings derived from any particular project or combined projects or any and all funds from any source received by the State or the State Highway Department and pledged and allocated to the Authority as security for the performance of any lease, or leases; or, any and all revenues, rents and earnings received by the Authority regardless of whether or not such rents, earnings, and revenue were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged by the Authority to the payment

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of principal and interest on bonds of the Authority as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, but, except as may otherwise be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any monies in all sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the Authority fund provided for in Section 14 hereof. Revenues. Section 28. Same. Remedies of bondholders . Any holder of bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any therebe, 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

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revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Highway Board and/or the State Highway Department or their respective successors, or the State; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the bond issues of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State. Remedies of bondholders. Section 29. Same. Refunding bonds . The Authority is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of refunding bonds of the Authority for the purpose of refunding any bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holder thereof and the duties of the Authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable. Refunding bonds. Section 30. Same. Bonds as legal investment; security for deposit . The bonds herein authorized are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, saving banks and saving associations,

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including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Bonds as legal investments. Section 31. Same. Exemptions from taxation; covenant of State . It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the projects erected by it or any fees, rental or other charges for the use of such projects or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State. Taxation. Section 32. Same. Venue and jurisdiction . Any action to declare or to protect or enforce any rights or duties under the provisions of this Act, brought in the Courts of the State, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which

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shall have exclusive original jurisdiction of such actions. Venue of actions. Section 33. Same. Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Act of 1937, as amended (Acts of 1937 page 761, as amended). Validation. Section 34. Same. Adjudication declaratory of lease contracts validity . In and as an integral, but independent, part of the bond validation proceedings under this Act, or separately, the Authority is hereby given the right to and privilege of a simultaneous or separate right of action, suit or countersuit or equitable bill against the State and the State Highway Board and Department for a declaratory adjudication of the validity and binding effect of all lease contracts whose rental income may be pledged, or partially pledged, to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the purported lease contracts contested are in all respects good and sufficient, valid and binding obligation of the lessees. Any citizens of the State may intervene in such actions and assert any ground of objection. It shall be encumbent upon the State and State Highway Board and Department to defend against an adjudication of such validity or be forever bound unto the Authority and all succeeding to the rights of the Authority thereafter. Such adjudications may be rendered as an integral, but independent, part of the judgment upon the validation issue with which they are contested; or separately. Adjudication of validity. Section 35. Same. Interest of bondholders protected . While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance of all project rental and/or lease contracts and all the convenants thereof entered into under this Act. The provisions of this Act shall be for the

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benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds. Interest of bondholders. Section 36. Monies held as trust funds . All monies received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, or as revenues, tolls and earnings, shall be deemed trust funds to be held and applied solely as provided in this Act, and the bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indentures of the Authority. Funds. Section 37. Same. Powers declared supplemental and additional . The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; and shall not be regarded as in derogation of any powers now existing. Section 38. Liberal construction of Act . The Act being for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof. Section 39. Effect of partial invalidity of Act . The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect the remaining provisions. Section 40. Repealing clause . All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 8, 1955.

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CORONER'S COMPENSATION IN CERTAIN COUNTIES. Code 21-105 Amended. No. 29 (House Bill No. 212). An Act to amend Section 21-105 of the Code of Georgia, relating to the fees paid to coroners, by providing that in certain counties within this State the coroner shall be paid a salary in lieu of fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. Section 21-105 of the Code of Georgia relating to fees paid to coroners is hereby amended by adding thereto the following words: In all counties of this State having a population of not less than 15,200 and not more than 15,900, according to the United States census of 1950, or any future United States census, the coroner shall receive a salary of $720.00 per year out of the county treasury, payable monthly, said salary to be in lieu of the fees allowed a coroner by law for holding inquests. Counties in which applicable. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 8, 1955. COBB JUDICIAL CIRCUITSOLICITOR-GENERAL'S COMPENSATION. No. 36 (House Bill No. 135). An Act fixing, establishing and providing a salary for

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the Solicitor-General of the Cobb Judicial Circuit of Georgia; repealing so much of Section 4 of the Act approved February 19, 1951, entitled an Act to create Cobb Judicial Circuit as provides for the salary of the Solicitor-General of the Cobb Judicial Circuit of Georgia; to repeal all laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that so much of Section 4 of that certain Act approved February 19, 1951, entitled an Act to create Cobb Judicial Circuit as provides for the compensation and salary of the Solicitor-General of the Cobb Judicial Circuit and incorporated in the Act of 1951 on pages 184 to 189 thereof, be and the same is hereby specifically repealed. Section 2. Be it enacted by the authority of the same that from and after the passage of this Act the salary of the Solicitor-General of the Cobb Judicial Circuit of Georgia shall be the sum of $6,600.00 per annum, on a salary basis rather than a fee basis, which shall be in addition to the salary paid the solicitors-general of the superior courts by the State of Georgia, the said sum of $6,600.00 to be paid in equal monthly installments from the general funds of Cobb County. Said salary shall be in full payment for all services of the said solicitor-general, except as to services in the Supreme Court of the State of Georgia and the Court of Appeals of the State of Georgia, which services shall be compensated as provided by law. Compensation. Section 3. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that nothing contained in this Act shall be construed to prevent the Solicitor-General of the Cobb Judicial Circuit of Georgia from receiving such other emoluments, pensions, expense items or other fees as are now fixed or which may be hereafter fixed by the General Assembly of Georgia.

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Section 4. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 8, 1955. GRAND JURY INSPECTION OF PUBLIC BUILDINGS AND PROPERTY. Code 59-315 Amended. No. 38 (House Bill No. 9). An Act to amend Code Section 59-315, relating to the inspection of public buildings and property, so as to provide for an annual inspection by the grand jury; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-315, relating to the inspection of public buildings and property, is hereby amended by striking the words, It is the duty of the grand jury to and in lieu thereof inserting the words, The first or second grand jury impaneled in each calendar year shall; and by the addition at the end of the section the words There shall be only one such inspection in a calendar year unless the inspecting grand jury, or a grand jury impaneled later in the same year, deem it necessary to inspect the property more than once during the calendar year, so that Code Section 59-315 shall read: 59-315. The first or second grand jury impaneled in each calendar year shall inspect all the public buildings and other property of the county, and the county records, and to report, in their general presentments, their condition; and if they report that the ordinary or other authority having charge of county affairs, has failed to comply with the law touching the same, it is the duty of

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the solicitor-general of the circuit to commence proceedings against him, or such other authority that he may be compelled so to do, if he does not in good faith comply by the next term of the superior court. There shall be only one such inspection in a calendar year unless the inspecting grand jury, or a grand jury impaneled later in the same year, deem it necessary to inspect the property more than once during the same year. Inspections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. SUPERIOR COURT JUDGE EMERITUS ACT AMENDED. No. 39 (House Bill No. 181). 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 December 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 108), so as to change the service qualifications; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: 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 December 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 103), is hereby amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Sec. 2 amended. Section 2. Any judge of the superior court of the State of Georgia who shall be in at least his nineteenth year of service as a judge of the superior court of this State, any service, as solicitor-general of a judicial circuit,

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as judge of, or solicitor of, a city or county court of the State of Georgia being allowable in computing such nineteen 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 nineteen years as a judge of the superior court of this State on March 9, 1945, and who is still in service as such officer, 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 qualifications. Section 2. Said Act is further amended by striking in their entirety Subparagraphs (1) and (2) of Paragraph (a) of Section 10, and inserting in lieu thereof new Subparagraphs (1) and (2) to read as follows: Sec. 10 amended. (1) He is in at least his nineteenth year of service as a judge of the superior court of this State or has already been in service for nineteen 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 (2) He has for a period of nineteen 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 nineteen years and shall have made payments to said

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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 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'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, which ever is the later date. Same. Section 3. Said Act is further amended by striking in its entirety Paragraph (a) of Section 11 and inserting in lieu thereof a new Paragraph (a) to read as follows: Sec. 11 amended. (a) Any judge of the superior court of the State of Georgia who shall be in at least his nineteenth year of service as a judge of the superior court of this State, any

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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 nineteen 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 nineteen years as a judge of the superior court of this State on March 9, 1945, and who is still in service as such officer, 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. Same. Section 4. Said Act is further amended by striking in their entirety Subparagraphs (1) and (2) of Paragraph (a) of Section 12 and inserting in lieu thereof new Subparagraphs (1) and (2) to read as follows: Sec. 12 amended. (1) Any judge of the superior court of the State of Georgia who shall be in at least his nineteenth year of service as a judge of the superior court computed as herein provided; or Same. (2) Any judge of the superior court already in service for nineteen years as a judge of the superior court on March 9, 1945, and who is still in service as such officer. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. BLIND PERSONS GUIDED BY TRAINED DOGS. No. 43 (House Bill No. 201). An Act to provide that any person who by reason of loss or impairment of eyesight is accompanied by a dog commonly known as a seeing eye dog shall be entitled to certain equal privileges as other persons; to

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provide for penalties; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person who by reason of loss or impairment of eyesight is accompanied by a dog commonly known as a seeing eye dog, or any dog educated by a recognized training agency or school, which dog is used as a leader or guide for such person, is entitled to full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, and shall be entitled to be accompanied by such dog when such dog shall be properly muzzled and take such dog into such conveyances and places subject only to the conditions and limitations applicable to persons not so accompanied, unless such conditions and limitations are in conflict with the provisions of this Act; except that such dog shall not occupy a seat in any public conveyance. Right to public accommodations. Section 2. Any person, firm or corporation who deprives any person suffering from such loss or impairment of eyesight of any right conferred by Section 1 of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $100.00 or imprisonment not to exceed three months, or by both such fine and imprisonment. Violations. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955.

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SUSPENSION OF COLLECTION OF AD VALOREM TAXES. No. 44 (House Bill No. 137). An Act to ratify, approve and confirm the executive order of the Governor suspending the collection of all ad valorem taxes (except those which are of a type to which the constitutional homestead exemption is expressly inapplicable), with respect to any property occupied as a residence and held under an occupancy agreement by a stockholder of a nonprofit cooperative ownership housing corporation having legal title to such property or being lessee thereof under a lease of an original term of ninety-nine years, subject to a mortgage insured by the Federal Housing Administration under Section 213 (a) (1) of the National Housing Act as amended to the extent that such taxes would be eliminated by the application to such property of the homestead exemption; to remit, cancel and annul all of such taxes accruing on or subsequent to January 1, 1954, the effective date of such order, or while said order is effective, or during the regular session of the General Assembly in 1955; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the executive order of the Governor dated December 7, 1954, and effective January 1, 1954, suspending the collection of all ad valorem taxes (except those which are of a type to which the constitutional homestead exemption is expressly inapplicable), with respect to any property occupied as a residence and held under an occupancy agreement by a stockholder of a nonprofit cooperative ownership housing corporation having legal title to such property or being lessee thereof under a lease of an original term of ninety-nine years, subject to a mortgage insured by the Federal Housing Administration under Section 213 (a) (1) of the National Housing Act, 64 Stat. 54, 12 U. S. C. 1715 (e), as amended from time to time, to the extent that such taxes would be eliminated by the application to such property of the

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homestead exemption, be and the same is hereby ratified, approved and confirmed. Executive order ratified. Section 2. That all ad volorem taxes (except those which are of a type to which the constitutional homestead exemption is expressly inapplicable) which have accrued on or subsequent to January 1, 1954 with respect to any such property as above specified in Section 1 hereof, and while said order is effective, and/or during the regular session of the General Assembly in 1955, be and the same are hereby remitted, cancelled and annulled. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. RESIDENT HUNTING AND FISHING LICENSES. Code 45-206, 45-122 Amended. No. 62 (House Bill No. 219). An Act to amend Section 45-206 of the Code, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1577) and an Act approved February 25, 1949 (Ga. Laws 1949, p. 1361), and as impliedly amended by an Act approved February 19, 1951 (Ga. Laws 1951, pp. 157, 173), which said section, as amended, relates to resident hunting and fishing licenses, so as to provide for a new hunting license; to provide for a new fishing license; to provide for a combination license; to provide fees therefor and disposition thereof; to define who shall be required to obtain such licenses and under what conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 45-206 of the Code, as amended by

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an Act approved February 25, 1949 (Ga. Laws 1949, p. 1577), which section, as amended, relates to the resident hunting license, is hereby repealed in its entirety. Section 2. An Act approved February 25, 1949 (Ga. Laws 1949, p. 1361), relating to fishing in certain instances without licenses, is hereby repealed. Acts repealed. Section 3. Section 9a of an Act approved February 19, 1951 (Ga. Laws 1951, pp. 157, 173), relating to resident hunting and fishing licenses, is hereby repealed in its entirety. Section 4. There is hereby enacted a new section, to be known as Section 45-206 of the Code, and which shall read as follows: Code 45-206. Section 45-206. (a) A hunting license entitling any resident of this state to hunt in any county shall be issued upon payment of a fee of $2.25 annually, and a fishing license entitling any resident to fish in the fresh waters of any county shall be issued upon payment of a free of $1.25 annually. Persons under the age of sixteen (16) years shall not be required to obtain the hunting or fishing licenses referred to herein, and landowners and their families and their duly authorized tenants, shall not be required to procure any such licenses for hunting or fishing on such landowner's lands and private ponds. Resident licenses. (b) A combination license, entitling any resident to hunt or fish as above provided shall be issued upon the payment of a fee of $3.25 annually. (c) Residents engaging in seining or netting, where otherwise authorized, shall obtain the fishing license as above provided, or the combination license. (d) This Act shall become effective April 1, 1955. Section 5. Nothing herein shall be construed as repealing that Act of the General Assembly approved February

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25, 1949 (Ga. Laws 1949, p. 1194), relating to honorary hunting and fishing licenses granted to persons 65 years of age or older. Act of 1949. Section 6. Section 45-122 of the Code relating to use and disposition of funds, as amended by Acts approved March 28, 1935 (Ga. Laws 1935, pp. 386, 389), and an Act approved March 5, 1937 (Ga. Laws 1937, pp. 264, 272), is hereby repealed in its entirety, and the following substituted in lieu thereof: Code 45-122 amended. Section 45-122. All fees collected by the Game and Fish Commission, and all other income received thereby or accountable thereto, shall be paid into the general fund of the State treasury, and each year a sum shall be appropriated to the commission in an amount at least equal to the amounts above referred to. Fees. Section 7. If any provision of this Act shall be declared invalid, the remaining provisions hereof shall not be affected thereby. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. CORDELE JUDICIAL CIRCUITREPORTER'S COMPENSATION. No. 64 (House Bill No. 262). An Act to abolish the fee system existing in the Superior Courts of the Cordele 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.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The fee system existing in the Superior Courts of the Cordele 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 for the said official court reporter; and the official court reporter of said judicial circuit shall hereafter be paid a salary as hereinafter provided in lieu of fees as under the present system for attendance and for reporting and transcribing felony cases. Fee system abolished. 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 out of the general treasury of each one of the various counties composing said circuit upon the following basis: Crisp County, $1,000.00; Ben Hill County, $1,000.00; Dooly County, $900.00; and Wilcox County, $700.00. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to said official court reporter 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 retroactive to January 1, 1955, and be in full payment for all services of said official

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court reporter in reporting and transcribing felony cases tried in the superior courts of said counties, and for secretarial services to the judge and court. Salary. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Certificate. State of Georgia, County of Crisp. I, E. W. Mathews, hereby certify that I am the publisher of the Cordele Dispatch, a newspaper published in the County of Crisp 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 23, 1954, November 30, 1954, and December 7, 1954, a copy of the following notice of intention to apply for local legislation, to wit: Notice of Local Legislation for the Cordele Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes January 10, 1955, for the passage of a bill of the title of `An Act to abolish the fee system existing in the Superior Courts of the Cordele 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 15 day of November, 1954. /s/ Graydon D. Reddick Graydon D. Reddick County Attorney for Crisp County.

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Witness my hand and seal this 10th day of December, 1954. /s/ E. W. Mathews E. W. Mathews Publisher of Cordele Dispatch. Certificate. State of Georgia, County of Wilcox. I, F. A. Jones, hereby certify that I am the publisher of the Wilcox County Chronicle a newspaper published in the County of Wilcox 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 25, 1954, December 2, 1954, and December 9, 1954, a copy of the following notice of intention to apply for local legislation, to wit: Notice of Local Legislation for the Cordele Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes January 10, 1955, for the passage of a bill of the title of `an Act to abolish the fee system existing in the Superior Courts of the Cordele 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 22 day of November, 1954. /s/ D. E. Turk D. E. Turk County Attorney for Wilcox County.

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Witness my hand and seal this 15 day of December, 1954. /s/ F. A. Jones F. A. Jones Publisher of Wilcox County Chronicle. Certificate. State of Georgia, County of Ben Hill. I, S. G. Pryor, Jr., hereby certify that I am the publisher of the Fitzgerald Herald a newspaper published in the County of Ben Hill 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 26, 1954, December 3, 1954, and December 10, 1954, a copy of the following notice of intention to apply for local legislation, to wit: Notice of Local Legislation for the Cordele Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes January 10, 1955, for the passage of a bill of the title of `an Act to abolish the fee system existing in the Superior Courts of the Cordele 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 19th day of November, 1954. /s/ J. C. McDonald J. C. McDonald County Attorney for Ben Hill County.

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Witness my hand and seal this 10 day of December, 1954. /s/ S. G. Pryor, Jr. S. G. Pryor, Jr. Publisher of Fitzgerald Herald. Certificate. State of Georgia, County of Dooly. I, Mrs. Claude Methvin, hereby certify that I am the publisher of the Vienna News a newspaper published in the County of Dooly 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 25, 1954, December 2, 1954, and December 9, 1954, a copy of the following notice of intention to apply for local legislation, to wit: Notice of Local Legislation for the Cordele Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes January 10, 1955, for the passage of a bill of the title of `an Act to abolish the fee system existing in the Superior Courts of the Cordele 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 15 day of November, 1954. /s/ L. F. Beddingfield L. F. Beddingfield County Attorney for Dooly County.

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Witness my hand and seal this 10 day of December, 1954. /s/ Mrs. Claude Methvin Mrs. Claude Methvin Publisher, Vienna News. Approved February 8, 1955. COUNTY TAX LEVIES. No. 76 (House Bill No. 82). An Act to amend an Act entitled An Act to authorize counties having a population of more than 80,000 by the United States census of 1940 or by any future census, to levy taxes for the purposes defined and described in Article 7, Section 4, Paragraph 1 and Article 7, Section 2, Paragraph 2 of the Constitution of Georgia as amended; to authorize the fiscal authorities of such counties to make a single levy of a stated millage sufficient for such purposes and such county authorities shall not be required to specify the percentage levied for each specific purpose; and for other purposes., approved January 31, 1946 (Ga. Laws 1946, p. 25), so as to change the counties to which such Act applies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act entitled An Act to authorize counties having a population of more than 80,000 by the United States census of 1940 or by any future census, to levy taxes for the purposes defined and described in Article 7, Section 4, Paragraph 1 and Article 7, Section 2, Paragraph 2 of the Constitution of Georgia as amended; to authorize the fiscal authorities of such counties to make a single levy of a stated millage sufficient for such purposes and such county authorities

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shall not be required to specify the percentage levied for each specific purpose; and for other purposes., approved January 31, 1946 (Ga. Laws 1946, p. 25), is hereby amended by striking from Section 1 the figure 80,000 and inserting in lieu thereof the figure 60,000; and by striking the figure 1940 and inserting in lieu thereof the figure 1950, so that when so amended Section 1 shall read as follows: Sec. 1, Act of 1946, amended. Section 1. That from and after the passage of this Act all counties of the State of Georgia having a population of more than 60,000 according to the United States census of 1950 or any future census, shall be authorized to levy taxes for all of the purposes defined and described in Article 7, Section 4, Paragraph 1 and Article 7, Section 2, Paragraph 2 of the Constitution of Georgia as amended, and the fiscal authorities of such counties be authorized to make a single levy of a stated millage sufficient for such purposes and such county authorities shall not be required to specify the percentage levied for each specific purpose. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. SUPERIOR COURT JUDGESCOMPENSATION. No. 78 (House Bill No. 96). An Act to amend an Act to provide a uniform method of fixing the salaries, allowances, and travel expenses to be paid to certain elective officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 613), so as to include Judges of the Superior Courts within the purview of said Act; to provide an effective date; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide a uniform method of fixing the salaries, allowances, and travel expenses to be paid to certain elective officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 613), is hereby amended by adding in the title thereof, after the word Appeals, the words each judge of the superior courts, so that when so amended the title shall read as follows: An Act to provide a uniform method of fixing, limiting and restricting the salary, allowances and travel expenses to be paid to elected officials such as the Governor, each Judge of the Supreme Court and of the Court of Appeals, each Judge of the Superior Courts, the Secretary of State, State Treasurer, Comptroller-General, Attorney-General, Commissioner of Labor, Commissioner of Agriculture, Superintendent of Schools, each member of the Public Service Commission, each member of the State Highway Board and the State Auditor; to allow officials to set salaries of their officials and employees, under certain conditions; to provide an effective date, to suspend the operation of all laws, resolutions, executive orders and budget approvals which are in conflict with the provisions of this Act and for other purposes. Act of 1953 amended. Section 2. Said Act is further amended by adding in the first paragraph of Section 1, after the word Appeals, the words each Judge of the Superior Courts, so that when so amended the first paragraph of Section 1 shall read as follows: Sec. 1 amended. Effective on the date of the expiration of the present term of office of the Governor, each Judge of the Supreme Court and of the Court of Appeals, each Judge of the Superior Courts, the Secretary of State, State Treasurer, Comptroller-General, Attorney-General, Commissioner of Labor, Commissioner of Agriculture, Superintendent of Schools, each member of the Public Service Commission, each member of the State Highway Board, and the State Auditor, the salary, allowances and travel

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expense authorized for payment to said officers shall be fixed on the following basis: Section 3. Said Act is further amended by adding in Paragraph (a) of Section 1, after the word Appeals, in line four the words $6,000.00 for each Judge of the Superior Courts, and by adding after the word Governor in line seven the words as a Judge of the Superior Courts, and by adding after the figure $12,000.00 in lines thirteen and fourteen the words and figures and so that the final annual base salary of each Judge of the Superior Courts shall not exceed $10,000.00 from State funds, so that when so amended paragraph (a) of Section 1 shall read as follows: (a) The annual salary payable in semi-monthly installments to the officials named in this Act shall be $12,000 for the Governor, $8,000.00 for each Judge of the Supreme Court and the Court of Appeals, $6,000.00 for each Judge of the Superior Courts, and $7,500.00 for each of the other named officials with the additional amount of $800.00 annually for each four years service as Governor, as a Judge of the Superior Courts or with the Supreme Court, Court of Appeals, or a State department financed by appropriations payable through the State treasury up to twenty years so that the final annual base salary of the Governor shall not exceed $16,000 and so that the final annual base salary of each Judge of the Supreme Court and Court of Appeals shall not exceed $12,000.00 and so that the final annual base salary of each Judge of the Superior Courts shall not exceed $10,000.00 from State funds and so that the final annual base salary of the other named officials shall not exceed $11,500.00 after twenty years of service. The periodic changes in compensation authorized under the provisions of this Act shall be the legal commitment to each official at the beginning of the term of office of each official. Provided that only the amount fixed as the first base salary of each official, without the annual increase authorized each four years shall be the base for the payment of compensation for any emeritus positions created by law. Salaries.

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Section 4. The last sentence of Section 3 of the Act approved March 12, 1953 (Ga. Laws, 1953, January-February Session, p. 613) which reads: Provided, however, the provisions of the section shall apply only to the officials holding the offices enumerated on the date of the passage of this Act, the compensation and allowance of any successor in office shall be in accordance with Section 1 of this Act, be and the same is hereby repealed. Sec. 3 amended. Section 5. This Act shall be effective as of January 1, 1955. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 9, 1955. SAVANNAH DISTRICT AUTHORITY. No. 80 (Senate Bill No. 62). An Act to implement the provisions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of Georgia, ratified at the general election in November, 1952, which created a new constitutional authority of the State of Georgia to be known as the Savannah District Authority, to provide for the appointment and eligibility of the members of said constitutional authority as contemplated by said provision of the Constitution of the State of Georgia creating said authority, to provide for the filling of vacancies on said constitutional authority created by said provision of the Constitution, to abolish its advisory board, 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, in order to implement the provisions of the Constitution of the State of Georgia, Article 5, Section 7, Paragraph 2, ratified at the general election in November,

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1952, and to provide, as therein contemplated, for the appointment and eligibility of the members of the constitutional authority to be known as the Savannah District Authority, thereby created, and it is hereby enacted by authority of said General Assembly: Section 1. Membership . The members of said constitutional authority shall be all the members of the non-constitutional corporation now known as the Savannah District Authority, who are members of said non-constitutional corporation at the time of the approval of this Act and who are eligible for membership on the constitutional authority under the provisions for eligibility of the members of the constitutional authority as hereinafter provided. Members. Section 2. Eligibility . The members of the constitutional authority shall be citizens of the State of Georgia, and residents of Chatham County. No person shall be eligible for membership on the constitutional authority who, at the time of the approval of this Act or at any time within one year prior to the approval of this Act, holds or shall have held any remunerative public office or position or any employment for compensation, except as an independent contractor, with the United States, the State of Georgia, or any political subdivision of either; and, no future member, at the time of his appointment, nor within one year prior thereto, nor during his term of membership, shall hold any such office, position or employment. Eligibility. Section 3. Vacancies . Any person appointed to fill a vacancy shall serve only for the unexpired term, and any member otherwise qualified hereunder shall be eligible for reappointment. The expiration dates of the terms as they now exist in the non-constitutional corporation shall be the expiration dates of the same terms as they shall be and hereby are transferred to the constitutional authority created by the aforesaid provision of the Constitution, and the members now filling those terms on the non-constitutional corporation, who are eligible to do so under the provisions of this Act, shall continue to fill

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those same terms on the constitutional authority created as aforesaid. Following the passage of this Act, the first three vacancies, however occurring, in membership on the constitutional authority shall be filled in the following order, and when more than one vacancy shall occur at the same time, the vacancy leaving the longest unexpired term, if any, shall be deemed to be the first: The first vacancy, however occurring, shall be filled by the Mayor and Aldermen of the City of Savannah. The second vacancy, however occurring, shall be filled by the Savannah District Authority. The third vacancy, however occurring, shall be filled by the Chatham County Commissioners. Thereafter, and following the filling of the aforesaid three vacancies, vacancies occurring (1) due to expiration of term, shall be filled in the same rotational order, and vacancies occurring (2) due to death, resignation, or other cause, other than expiration of term, shall be filled for the unexpired term by the body appointing the member creating the vacancy. If any appointing authority shall fail to fill any vacancy to be filled by it within 30 days following the creation of the particular vacancy, then and in that event, such vacancy shall be filled by the Savannah District Authority. Vacancies. Section 4. Laws in conflict repealed . All laws or parts of laws, and particularly all provisions of that certain Act approved February 19, 1951, and incorporated in the Georgia Laws, 1951, pages 190 to 197, in conflict with this Act are repealed. Conflicting laws repealed. Section 5. Advisory board abolished . The Advisory Board appointed by the aforementioned appointing authorities is hereby abolished, and there shall be no advisory board to the Savannah District Authority, except such board as the Savannah District Authority, itself, may desire to appoint for such terms and purposes as it may designate. Any such advisory board appointed by the Savannah District Authority shall not constitute a group from which new appointments to the Savannah District Authority must be made, but members of such

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an advisory board shall be eligible for appointment to the Authority, if otherwise qualified. Advisory board abolished. Section 6. Powers . All powers and provisions contained in that certain Act approved August 7, 1925, as set forth in Georgia Laws, pages 1451-1466, and amendments thereto, and in that certain Act approved February 19, 1951, as set forth in Georgia Laws 1951, pages 190 to 197, that are not in conflict with this Act are hereby ratified and confirmed as the powers and provisions of and applicable to the constitutional authority implemented by this Act. Powers. Section 7. Actions of non-constitutional corporation ratified . All actions of the aforesaid non-constitutional corporation, since the ratification of the aforesaid provisions of the Constitution creating the constitutional authority, are hereby ratified, confirmed and adopted as the lawful and constitutional actions of the Savannah District Authority. Actions ratified. Section 8. Severability . If any provision of this law or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or applications of this Act which can be given effect without the invalid provision or application, and, to this end, the provisions of this law are declared to be severable. Section 9. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. Approved February 11, 1955.

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PUBLIC SCHOOLSSEPARATION OF RACES. No. 82 (Senate Bill No. 40). An Act to provide that no State or local funds shall be in any manner appropriated or expended for public school purposes except for schools in which the white and colored races are separately educated; to provide that no budget under Sections 32-619 and 32-620 of the Code of this State shall be approved which does not so provide; and to provide that no funds shall be expended for public schools within the district submitting such budget without approval of such budget; to provide punishment for violation of any of the provisions of this Act; to provide for recovery at law on behalf of the State for violation thereof; to provide that this Act shall apply to all public school systems in this State created at any time; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that no State or local funds derived from taxation or otherwise, shall be appropriated, paid out, used, or in any wise expended, directly or indirectly for the maintenance, upkeep, operation, or support of any public school district or system in this State which does not provide separate schools for white and colored children throughout the entire district or system and in which all the white and colored children attending public schools do not attend separate schools; nor shall any such money be appropriated, used, paid out, or in any wise expended, directly or indirectly, for the payment of any salary or compensation of any nature or character whatsoever to any teacher, instructor, employee or official of any public school district or system instructing mixed classes of white and colored children or in any wise concerned in the maintenance, upkeep, support or operation of any public school district or system which does not maintain and provide separate public schools for white and colored children throughout the entire district or system and in which all the white and colored children attending public

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schools are not educated in separate schools; provided, however, that the provisions of this section shall not apply to the annual capital outlay funds allotted to the local school units as referred to in the General Appropriations Act approved February 20, 1953, or to any funds hereafter appropriated for capital outlay purposes, nor to funds for payment of principal or interest on any bonded indebtedness. Schools to be separate, for white and for colored. Section 2. Be it further enacted by the authority aforesaid, that no budget filed or submitted under Sections 32-619 and 32-620 of the Code of this State shall be approved by the State Board of Education, the State Superintendent of Schools, or other official, which does not provide that all items of proposed expenditure set forth therein shall lapse and become void in the event separate schools for white and colored children should not be maintained and operated in the school district, system or unit submitting such budget and throughout the entire district or system and in the event all the white and colored children attending the public schools thereof do not attend separate schools; and no public school system, district or unit in this State or any officer or employee thereof shall make any expenditure of any public funds for the maintenance or operation of such district, system or unit or any school therein until the budget referred to in said sections of the Code shall have been approved by the State Board of Education or the State Superintendent of Schools as provided in said Code Section 32-620; provided, however, said district, system or unit and the officials thereof shall in all events make payment of sums due the State School Building Authority and payment of principal and interest on any bonded indebtedness, the provisions of this section notwithstanding. Approval of budgets. Section 3. Be it further enacted by the authority aforesaid, that any official of this State, or of any county, city or school district, system or unit, or any other person, who shall offend against any provision of this law, or aid or abet therein, or be in any wise therein concerned, shall be guilty of felony, and, upon conviction

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thereof, shall be confined in the penitentiary for a period of not less nor more than two years; and it shall be the duty of the Attorney-General to conduct the prosecution. Violation. Section 4. Be it further enacted by the authority aforesaid, that any official of this State, or of any county, city or school district, system or unit, who shall be in any wise concerned in paying out, using or in any wise expending any State or local funds contrary to the provisions of this law, shall be liable for the amount so paid out, used or in any wise expended, which shall be recovered against him in an action at law in the name of the State, and the sureties on any official bond of such officer shall be likewise jointly and severally liable in such action, and the recovery shall be paid into the State treasury, it being the duty of the Attorney-General to institute such action upon direction of the Governor. Recovery of money paid out in violation. Section 5. Be it further enacted by the authority aforesaid, that the provisions of this Act shall apply to all public school systems in this State, including those maintained and operated by counties and cities, including independent local systems, and all public school systems whether created before or after the Constitution of 1877; and this Act shall apply to all counties and cities and school districts within this State and all the officials thereof. Section 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 11, 1955. TAX COLLECTORS AND COMMISSIONERSCOMMISSIONS IN CERTAIN COUNTIES. No. 83 (Senate Bill No. 5). An Act to amend an Act entitled, An Act to amend

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Section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and county taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; to provide for the time of payment of commissions to tax receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes, approved January 17, 1938 (Ga. Laws, 1937-38, Ex. Sess., p. 297), as amended, especially as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 815-817) so as to provide that all counties of this State having a population in excess of three hundred thousand (300,000) according to the 1950 census and all future censuses, the commissions provided for herein to tax collectors and tax commissioners shall not apply to any taxes collected under the Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 379-390); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act entitled An Act to amend Section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and county taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; to provide for the time of payment of commissions to tax receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, especially as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 815-817) is hereby amended by adding at the end of Section 3 of said Act the following: And provided further that in all counties having a population in excess of 300,000 according to the 1950 census or any future census, the commission provided for herein to the tax collector or tax commissioner, shall not apply to any part of the taxes collected under the Intangible Property Tax Act, approved December 22, 1953 (Ga.

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Laws 1953, Nov.-Dec. Sess., pp. 379-390) being an amendment to an Act entitled `An Act to classify property for taxation.', approved December 27, 1937 (Ga. Laws 1937-38, p. 156) as amended. so that said Section 3 when so amended, shall read as follows: Acts amended. Section 3. Be it further enacted by the authority aforesaid that as far as the tax collectors and tax commissioners are concerned, the rates and schedules prescribed by Section 92-5301 shall apply upon the first 90 percent of the ad valorem net digests collected by the tax collector. On all taxes collected in excess of 90 percent of the total of taxes due, according to the tax net digest, the tax collector's or tax commissioner's commission shall be for such taxes 10 percent of all such collections, irrespective of the above and foregoing schedule and rates; provided further, that the board of commissioners of roads and revenues or the ordinary in those counties having no board of commissioners may by appropriate resolution provide that the tax collector's or tax commissioner's commission shall be 10 percent of all taxes collected in excess of 80 percent of the total taxes due according to the net tax digest. Provided, further, that in those counties where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid to the tax collector or tax commissioner in addition to the said salary. Provided, further, that in counties having a population of 75,000 or more according to the Federal census of 1950 or any future census where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid into the treasury of such county. And provided further that in all counties having a population in excess of 300,000 according to the 1950 census or any future census, the commission provided for herein to the tax collector or tax commissioner, shall not apply to any part of the taxes collected under the Intangible Property Tax Act, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 379-390) being an amendment to an Act entitled `An Act to classify property for taxation.', approved December 27, 1937 (Ga. Laws 1937-38, p. 156) as amended. New matter.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1955. TOBACCOCONTROL OF INFERIOR GRADES ON MARKET. No. 7 (Senate Resolution No. 25). A Resolution. To request cooperation in obtaining the assistance of the Tobacco Stabilization Corporation in the removal of inferior quality tobacco from the tobacco auction sales so as to increase the income of tobacco producers. Whereas, there are millions of pounds of inferior grade tobacco marketed each year in this State; and Whereas, some workable plan to remove this inferior grade of tobacco from the competitive market would greatly benefit the tobacco producers of this State; and Whereas, such inferior tobacco is useful in the manufacture of nicotine dust poisons and in other chemical processes; and Whereas, the use of the inferior grades of tobacco in other than the manufacture of cigarettes, cigars and other tobacco products would greatly increase the demand for the inferior quality tobacco now sold in competition with the better grades; Now, therefore, be it resolved by the General Assembly of Georgia that the Tobacco Stabilization Corporation be requested to assist in every way possible to purchase inferior grades of tobacco at tobacco auction sales, and to sell the same to persons who will

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make use of such tobacco in other products than those for human consumption. Be it further resolved, that a copy of this resolution be sent to each of the members of the Georgia Congressional Delegation; the United States Department of Agriculture; the Tobacco Stabilization Corporation; the Georgia Farm Bureau, and to any person requesting same. Approved February 7, 1955. GEORGIA HALL OF FAME. No. 8 (Senate Resolution No. 7). A Resolution. Proposing that the rotunda of the State Capitol be designated as the Georgia Hall of Fame; and for other purposes. Whereas, the sovereign State of Georgia, has been blessed wtih many illustrious and noble sons and daughters who have played a magnificant part in the history of the State, the South, and the Nation; and Whereas, it is only fitting and proper that a place be set aside and designated as a shrine to perpetuate the memory and honor of these great Georgians; and Whereas, The Georgia Division of the United Daughters of the Confederacy has passed a resolution requesting the General Assembly to designate the rotunda of the State Capitol as the Georgia Hall of Fame; Now, therefore, be it resolved by the General Assembly of Georgia, that, in order to accomplish the aforesaid objects, the rotunda of the State Capitol is hereby designated as the Georgia Hall of Fame. Rotunda of Capitol.

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Be it further resolved, that the Secretary of State as custodian and/or keeper of the building and grounds be directed and authorized to carry out the provisions of this Resolution. Approved February 7, 1955. TRAFFIC SAFETY CAMPAIGNSCITIZENS COMMENDED. No. 10 (Senate Resolution No. 24). A Resolution. Commending the citizens of Georgia for their cooperation in traffic safety campaigns; and for other purposes. Whereas, it has been brought to the attention of the General Assembly that the people of Georgia have given generously of their time and efforts in the support and promotion of traffic safety campaigns in the interests of bettering Georgia's traffic accident record and of saving human lives; and Whereas, the National Slow Down and Live Campaign which was carried on during the summer of 1954, was of tremendous benefit in reducing traffic accidents and preventing loss of life; and Whereas, National Safe Driving Day, which was proclaimed by President Eisenhower as December 15, 1954, was instrumental in emphasizing the importance of safe driving and alerting motorists and pedestrians of the urgent need for more careful driving and walking; Now, therefore, be it resolved by the General Assembly of Georgia, that this body go on record as commending the citizens of this State for their interest

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and active participation in the above traffic safety campaigns, and in the promotion of traffic safety in general. Approved February 7, 1955. COMPENSATION BILLSSTUDY BETWEEN SESSIONS. No. 11 (House Resolution No. 102). A Resolution. Whereas, the Constitution was amended in 1954, providing for forty (40) day annual sessions, and Whereas, since the ratification of this amendment, bills and resolutions can not be carried over from one annual session to another, and Whereas, the State Claims Advisory Board does not have ample time to give proper study and consideration to check the validity of all of the claims presented to them during this short time, Therefore be it resolved, that the State Claims Advisory Board is authorized and directed to properly study and investigate all of the resolutions presented to them, but unacted upon, during the interim between the 1955 and 1956 sessions, and report its findings to the 1956 session. Approved February 8, 1955.

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MILLEDGEVILLE STATE HOSPITALSEPARATION OF VETERANS FROM OTHER PATIENTS. No. 13 (House Resolution No. 97-332f). A Resolution. To establish a committee to study the problem of separating veterans from other patients at the Milledgeville State Hospital; and for other purposes. Whereas, there is now at the Milledgeville State Hospital six hundred fourteen (614) white and one hundred twenty-nine (129) colored veterans, including thirty-four (34) white and ten (10) colored criminal case veterans; and Whereas, the stigma of going to a hospital for the mentally ill would be removed if the veteran and his family could say that he has gone, or has been, to a veterans' hospital; and Whereas, veteran patients, if separated, could take full advantage of benefits due him by Federal and State governments; and, Whereas, the various organizations interested in the welfare of veterans could do more to make the veteran's life more comfortable and assist in speeding up his recovery; and Whereas, there is a strong possibility that the Federal Government would pay this State up to $700.00 per year per veteran patient if our veterans were separated at Milledgeville, and given the care and benefits to which they are entitled; and Whereas, the State of Oklahoma has achieved fine results with such a program; Now, therefore, be it resolved by the General Assembly of Georgia, that a joint committee of five,

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three from the House, to be appointed by the Speaker, and two from the Senate, to be appointed by the President, be appointed to visit the State of Oklahoma, Washington, D. C., and Milledgeville State Hospital to study the feasibility of such a program and report their findings to the General Assembly. The committee so appointed shall be compensated at the regular per diem and allowances authorized for committee work of the General Assembly. Committee to study. Approved February 8, 1955. INCREASE OF PRISON POPULATIONCOMMISSION TO STUDY. No. 14 (House Resolution No. 103). A Resolution. Whereas, figures released by the Federal Bureau of Investigation on March 20, 1954, show an increase in the prison population of the country of 27.6 per centum during the decade preceding that date while the general population increased 5 per centum, and Whereas, if that trend continues uniformly a dangerous social embalance is inevitable. Resolved, therefore, by the House, the Senate concurring, that the Governor be empowered to appoint a commission, to be composed of such number of persons and with such qualifications as he might determine, whose duty it shall be to examine into the problems which this contingency presents and report their findings to the Governor and the next session of the General Assembly for their information and for such use as they might wish to make of it. Commission. Resolved, further, that the members of said commission

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shall serve without pay as a patriotic service to the State. Resolved further, that the commission may accept grants and donations from private persons to be used for any purpose connected with its work except salaries or other benefits to its members. Approved February 8, 1955. SEPARATION OF RACES IN FEDERAL ARMED FORCESPROPOSED AMENDMENT TO FEDERAL CONSTITUTION. No. 18 (House Resolution No. 36-130a). A Resolution. Memorializing Congress to call a convention for the consideration of an amendment to the Constitution of the United States relative to service in the armed forces of the United States. Whereas, the National Government now requires members of the armed forces of the National Government to serve in units with members of other races; and Whereas, members of the Armed Forces of the National Government should be allowed to serve with members of their own race; and Whereas, the State of Georgia is desirous of enabling members of the armed forces of the National Government to serve with members of their own race; Now, therefore, be it resolved by the General Assembly of Georgia, that the legislature of the State of Georgia respectfully petitions the Congress of the United States to call a convention for the purpose of

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proposing the following article as an amendment to the Constitution of the United States: Article Section 1. No person shall be required to serve in any unit of the armed forces of the United States not composed of members of his own race if, at the time of entering the armed forces of the United States, he has expressed a preference to serve in units composed of members of his own race. Section 2. Nothing in this Article shall be deemed to preclude the assignment of any individual who belongs to a race comprising less than one per centum of the population of the United States to units containing enlisted personnel of the most numerous race in the United States, if the Secretary of the armed force concerned has determined that it is impractical to organize units composed of members of his race. Section 3. Any officer of the armed forces who knowingly and willfully denies to any person his right to express a preference upon enlistment as provided in this Article, or assigns any person after enlistment or induction to any unit in violation of the provisions of this Article shall be guilty of conduct unbecoming an officer and a gentleman and shall be subject to trial and punishment. Section 4. This amendment shall be effective upon ratification by three-fourths of the several States. Be it further resolved, that the Congress of the United States be, and it hereby is, requested to provide as to the mode of ratification, that the amendment shall be valid to all intents and purposes, as part of the Constitution of the United States, when ratified by the legislature of three-fourths of the several States. Be it further resolved, that a duly attested copy of this resolution be immediately transmitted to the Secretary of the Senate of the United States, the Clerk of

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the House of Representatives of the United States, and to each member of the Congress from the State of Georgia. Approved February 8, 1955. NATIONAL JUNIOR CHAMBER OF COMMERCE COMMENDED. No. 19 (House Resolution No. 59). A Resolution. Commending the National Junior Chamber of Commerce; and for other purposes. Whereas, the National Junior Chamber of Commerce is this week celebrating its thirty-fifth anniversary; and Whereas, this week has been designated as National Jaycee Week; and Whereas, this organization has performed a wonderful service for this country and has carried on innumerable worthwhile projects: Now, therefore, be it resolved by the General Assembly of Georgia, that the National Junior Chamber of Commerce is hereby congratulated upon its thirty-fifth anniversary, and is hereby commended for the part it has played in the development of this great country. Each member of the Jaycees is urged to continue the splendid work of this fine organization. Be it further resolved, that the Clerk of the House is hereby instructed to send a copy of this Resolution to the National President of the Jaycees and to the Georgia President of the Jaycees. Approved February 8, 1955.

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STATE PROGRAMS STUDY COMMITTEE. No. 24 (Senate Resolution No. 19). A Resolution. Whereas, the State education, public welfare, public health and highway services have been expanded this current fiscal year and are receiving $21,948,000.00 in supplemental funds paid from the surplus funds accumulated, and Whereas, by the end of the fiscal year June 30, 1955, the surplus funds previously accumulated will almost be exhausted, which will place the State in the position of not having sufficient funds to continue the $21,948,000.00 supplemental payment to the four main service agencies of the State, and Whereas, these agencies have indicated that considerable additional money will be needed in the next four years to meet the expanding needs caused by the growth of the State and the operation of laws now in force and effect, and Whereas, the lack of funds to continue after July 1, 1955, the supplement being paid these agencies from surplus funds and the lack of the additional funds being available to meet the indicated expanding needs of the four main service agencies will constitute 99% of the State's fiscal problem in each of the next four years, and Whereas, it is absolutely necessary and essential that a course of action be developed and charted for the future financial operations of the State prior to the beginning of the new fiscal year July 1, 1955, so that the services of the people of Georgia can be carried on without disruption. Therefore, be it resolved by the House of Representatives and Senate concurring:

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(1) That a committee is hereby created to be known as the State Programs Study Committee. (2) That the State Programs Study Committee be composed of the Governor, Lieutenant Governor, Speaker of the House of Representatives, three Members of the House of Representatives to be appointed by the Speaker, two Members of the Senate to be appointed by the President, the Attorney-General, the State Auditor, the Commissioner of Revenue, and one member each representing agriculture, business, consumers, county government, financial institutions, industry, labor, municipal government, parents and veterans, and a member of the press. The last eleven named to be appointed by the Governor from the public at large. Committee. (3) That the committee perfect its own organization including the adoption of any and all rules and regulations necessary for the proper conduct of its duties. The committee is hereby authorized to engage the services of any necessary personnel and to fix their compensation. (4) That the committee be charged with the duty of immediately studying the service programs of the education, public welfare, public health and highway agencies of the State and the making of specific recommendations as to what program of services in each agency are found to be necessary and essential for each of these agencies to perform each year during the next four year period. The committee shall also make specific and definite recommendations as to the amount of State appropriation that will be required for each agency for each of the next four fiscal years to carry on the program determined by the committee to be necessary and essential. Duties. That in the event the committee finds that the recommended program of services in each agency cannot be financed within the amount of money presently

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made available to each respective agency for this current fiscal year less the amount allotted from State surplus funds, then the committee is charged with the additional duty of specifically recommending ways and means of producing in each year of the next four year period the additional money required to finance the programs recommended. (5) That the committee be directed to complete that part of its report that deals with the education, public welfare, public health and highway services of the State and cause the report of the committee to be distributed to the Governor, the Members of the General Assembly and other interested citizens by not later than June 15, 1955. Reports. (6) After submitting its report on the education, public welfare, public health and highway agencies of the State which presently expend 91% of the total annual budget of the State and present 99% of the future financial problems confronting the State, the committee is hereby authorized to make a similar program study of any of the other agencies of the State which now consume 9% of the State's total annual budget and to make the necessary report of its study and recommendations to the Governor, the Members of the General Assembly and other interested citizens when completed. (7) That all members of said committee with the exception of the Governor, Attorney-General and the State Auditor, shall be paid the sum of twenty dollars per day for each day in attendance at committee meetings or subcommittee meetings of the State Programs Study Committee together with actual travel expense incurred in connection with attending meetings of the committee or subcommittee meetings subject to all rules and regulations that apply to travel expense paid to all other State officials and employees. Per diem. (8) That all officials and employees of the State of Georgia are hereby directed to attend hearings of

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the committee when called, to furnish any requested information pertaining to their respective agencies and assist this committee in every way possible in projecting a program for the financial operations of the State for the next four years: Hearings, etc. (9) Any and all cost necessary and incident to the operation of this committee shall be paid out of the appropriation made for the operation of the General Assembly. Expenses. Approved February 8, 1955. CRIMINAL TRIALSIMPROPER ARGUMENT. No. 84 (House Bill No. 63). An Act to regulate the conduct of attorneys at law in their arguments to and in the presence of juries in criminal cases; to prescribe the remedy of opposing counsel where improper argument is made; to provide for granting of mistrials where counsel for either side in criminal cases argue to or in the presence of the jury that a defendant, if convicted, may not be required to suffer the full penalty imposed by the court and jury because of pardon, parole, or any form of clemency vested in the Governor, or in any proper authority for granting clemency to persons convicted of crime; to provide that if proper and timely objection is made by opposing counsel when such improper argument is made, and if no mistrial is granted by the court, that same shall constitute reversible error; and to provide that this Act is to be construed as setting forth regulations in addition to those set forth in Section 24-3319 of the 1933 Code of Georgia, Annotated Supplement; and Section 81-1009 of the 1933 Code of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. No attorney at law in a criminal case shall argue to or in the presence of the jury that a defendant, if convicted, may not be required to suffer the full penalty imposed by the court or jury, because pardon, parole, or clemency of any nature may be granted by the Governor, State Board of Pardons and Paroles, or other proper authority vested with the right to grant clemency. Pardon, parole, etc. Section 2. If counsel for either side in a criminal case should so argue to the jury, opposing counsel shall have the right to immediately request the court to declare a mistrial; and in which case, it shall be mandatory upon the court to declare a mistrial; and upon failure so to do, same shall constitute reversible error. Mistrial. Section 3. This Act shall be construed as setting forth regulations in addition to those provided for in Section 24-3319 of the 1933 Code of Georgia, Annotated Supplement, and Section 81-1009 of the 1933 Code of Georgia. Existing law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1955. CITY COURT JUDGES IN CERTAIN CITIES. Code 24-2204. No. 87 (House Bill No. 12). An Act to amend Part IV, Title 24, Code of Georgia of 1933, relating to judges of city courts, so as to provide that judges of city courts or like courts may, when authorized to do so by the city, preside and act as judge in any court authorized to try municipal offenses, in cities having more than 350,000 population according to the last or any future census of the United States, to repeal conflicting laws and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That Part IV, Title 24, Code of Georgia of 1933, relating to judges of city courts, be and the same is hereby amended by adding the following section: Code 24-2204. Section 24-2204. Judge of city court may preside in municipal court.Any judge of any city court or like court may, when authorized to do so by the governing authorities of any city having a population of more than 350,000, according to the last or any future census of the United States, preside in the municipal court of any such city, by whatever name called, and when so presiding and acting as such judge have full power and authority in all matters pending in such court, including the trial of all offenses against the ordinances of such city. Presiding in municipal court. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 15, 1955. INCOME TAXRETURNS AND PAYMENT. Code 92-3210 92-3301 Amended. No. 92 (House Bill No. 69). An Act to amend Section 92-3210 of the Code of Georgia of 1933 relating to the time and place of filing income tax returns as amended by an Act approved March 30, 1937 (Ga. Laws 1937, pp. 109, 138) by striking the said section in its entirety and substituting in lieu thereof a new section to be known as Section 92-3210; by providing that such returns may be filed on or before April 15 of each year in the case of those filing on a calendar year basis, and on or before the 15th day of the fourth month after the close of the fiscal

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year in the case of those filing on a fiscal year basis; to provide for the filing of tentative returns of income taxes; to extend the time for the filing of returns by members of the armed services of the United States to any time within six months after the return of the serviceman to the continental United States; and to amend Section 92-3301 of the Code of Georgia of 1933 relating to the time and place of payment of income taxes and to installment payments thereof, as amended by the Act approved February 15, 1952 (Ga. Laws 1952, pp. 360, 361) and as further amended by the Act approved February 15, 1952 (Ga. Laws 1952, pp. 405, 425), by fixing the date on or before which the full amount of the tax must be paid as April 15th, of each year in the case of returns made on a calendar year basis and as on or before the 15th day of the fourth month after the close of the fiscal year in the case of those filing returns on a fiscal year basis; to provide for the payment of income taxes on the installment basis; to fix the time and amount of installment payments; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-3210 of the Code of Georgia of 1933, dealing with the time and place of filing income tax returns, as amended by the Act approved March 30, 1937 (Ga. Laws 1937, pp. 109, 138) is hereby amended by striking the same in its entirety and substituting in lieu thereof a new section to be known as Section 92-3210, as follows: Code 92-3210 amended. Returns shall be filed with the Commissioner at his office in the State Capitol on or before the fifteenth day of April in each year, except that in the case of taxpayers using a fiscal year the return shall be filed on or before the fifteenth day of the fourth month after the close of such fiscal year. In case of sickness, or other disability, or whenever in his judgment good cause exists, the Commissioner may allow further time for filing returns. In case a taxpayer is granted an extension of time

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Section 2. Subsection (a) and Subsection (b) of Section 92-3301 of the Code of Georgia of 1933, as amended by the Act approved February 15, 1952, (Ga. Laws 1952, pp. 360, 361) and as further amended by the Act approved February 15, 1952 (Ga. Laws 1952, pp. 405, 425), dealing with the time and place of the payment of income taxes, are hereby amended by striking the said subsections in their entirety and substituting in lieu thereof two new subsections to be known as Section 92-3301 (a) and Section 92-3301 (b), reading as follows: Code 92-3301 amended. (a) The total amount of tax imposed by this law shall be paid to the State Revenue Commissioner on or before the fifteenth day of April following the close of the calendar year; or if the return should be made on the basis of a fiscal year then on or before the fifteenth day of the fourth month following the close of the fiscal year. Date of payment. (b) If the amount of the tax exceeds thirty dollars ($30.00) payment may be made in three equal installments: one-third on the date the return is filed, one-third on or before the expiration of two months from the date the return was originally due and one-third on or before the expiration of five months from the date the return

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was originally due. If any installment is not paid on or before the date fixed for its payment, the whole amount of the tax shall immediately become due and payable without notice and demand from the Commissioner, and interest shall be added from the date the tax was originally due at the rate of six per cent (6%) per annum until the amount of the tax is paid. Installment payment. Section 3. The provisions of this Act shall be effective for returns filed and taxes paid for the calendar year 1954 and thereafter and for returns filed and taxes paid for fiscal years ending on or after January 1, 1955. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1955. COUNTY OFFICERSELECTIONS. Code 34-2601 Amended. No. 95 (House Bill No. 92). An Act to amend Section 34-2601 of the Code of Georgia of 1933 entitled County Officers. Laws applicable providing that Section 34-2101 of the Code of 1933 shall apply to elections for sheriffs, clerks of the superior court, tax collectors, tax receivers, county treasurers, county surveyors, and coroners, so as to provide that in all counties in the State of Georgia having a population of 300,000 or more inhabitants according to the United States census of 1950 or any future United States census, no person shall be declared elected or nominated sheriff at any election or primary election, unless such person shall have a majority of all votes cast for the office of sheriff in said election or primary election; in all cases where no person shall receive a majority of all votes cast for the office of sheriff, a second election or primary shall be held

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at which time the two candidates receiving the highest and second highest number of votes respectively shall be the only candidates and the winner at the second election or primary election shall be declared elected; 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 34-2601 of the Code of Georgia of 1933, County Officers. Laws applicable, providing that Section 34-2101 shall apply to elections for sheriffs, clerks of the superior court, tax collectors, tax receivers, county treasurers, county surveyors, and coroners, be amended by adding thereto the following: Provided, however that in all counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census of 1950 or any future United States census, no person shall be declared elected or nominated sheriff at any election or primary election, unless such person shall have received a majority of all votes cast for the office of sheriff in said election or primary election. Where no candidate shall receive a majority of all votes cast for the office of sheriff, a second election or primary election shall be held, at which time the two candidates receiving the highest and second highest number of votes, respectively, in the first election or primary election shall be the only candidates and the winner at the said second election or primary election shall be declared elected or nominated as the case may be. So that said Section 34-2601 when so amended shall read as follows: Code 34-2601 amended. Section 34-2601 . County officers. Laws applicableSection 34-2101 shall apply to elections for sheriffs, clerks of the superior courts, tax collectors, tax receivers, county treasurers, county surveyors, and coroners. Provided, however, that in all counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census, no person shall be declared elected or nominated sheriff at any election or primary election, unless such person shall have received a majority of all votes cast for the office of sheriff in said election or primary election. Where no

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candidate shall receive a majority of all votes cast for the office of sheriff, a second election or primary election shall be held, at which time the two candidates receiving the highest and second highest number of votes, respectively, in the first election or primary election shall be the only candidates and the winner at the second election or primary election shall be declared elected or nominated as the case may be. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 12, 1955. THROWING TRASH ON PUBLIC ROADS. No. 96 (Senate Bill No. 89). An Act to prohibit the throwing or depositing of trash, garbage, or other substance upon the public roads or public property of this State; to provide for the erection of signs warning of penalty for violation; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person who throws or deposits trash, garbage, or other substance upon the public roads or right-of-way or other public property shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Misdemeanor. Section 2. The State Highway Department is hereby authorized and directed to cause to be placed upon the property of or right-of-ways of the State highways markers of a size not less than twenty-four (24) inches square with plainly visible wording to inform users of the State highways of the maximum penalty for the violation of

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this Act, and such additional wording as the State Highway Department deems desirable to assist in keeping the State highway right-of-ways clean. Any marker so erected or placed shall be placed at a right angle to the roadbed. The location of th markers upon the right-of-ways shall in no manner interfere with the markers used to designate route numbers or traffic control markers or signals. Markers on highways. Section 3. The governing authorities of counties and municipal corporations are authorized to erect markers as provided in this Act upon the streets or roads within their respective counties or municipalities and under their respective jurisdictions. Provided, however, that the provisions of this Act shall not apply to trash, garbage, or other substance placed beside a street or road for collection by an established garbage or collection service. On streets and roads. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1955. WASHINGTON SUPERIOR COURTTERMS. No. 99 (House Bill No. 381). An Act to provide for the holding of four terms each year of Washington Superior Court, to provide for, prescribe and fix the time and manner of holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, there shall be held in each year, four terms of the Superior Court for the County of Washington, State of Georgia, in the Middle Judicial Circuit. Section 2. Be it further enacted by the authority

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aforesaid, that the terms of said court shall begin on the first Monday in March, June, September and December, provided however, that traverse and grand juries, or either, shall not be convened for the June and December terms, unless in the discretion of the presiding judge, it shall be deemed expedient. Terms. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. State of Georgia, Washington County. Before the undersigned authority duly authorized by law to administer oaths, personally appeared, Jesse Mize, who after being duly sworn, deposes and upon oath says: That he is editor of The Sandersville Progress; that the copy of the notice hereto attached: Notice. Notice is hereby given that application will be made at next session of General Assembly of Georgia, which will convene this day, for passage of a bill to be entitled as follows: An Act to provide for the holding of four terms each year, of Washington Superior Court, to provide for, prescribe and fix the time and manner of holding the same and for other purposes. This January 10, 1955. Harvey Roughton, Representative Washington County, Ga. (j-13-3tc-c. t.) appeared in the issues of January 13, 20, and 27, 1955, of said newspaper; the same being published in City of Sandersville, and being the official gazette of Washington County, Georgia. Further affiant saith not. /s/ Jesse Mize.

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Sworn to and subscribed before me January 29, 1955. /s/ C. M. Thigpen Notary Public. (Seal) Approved February 18, 1955. BANKSAPPLICATION FOR CHARTER. Code 13-904 Amended. No. 103 (Senate Bill No. 24). An Act to amend Section 13-904 of the Code, relating to the statement to be furnished the Superintendent of Banks by applicants for a charter, so as to provide that such statement shall be accompanied by an examination and investigation fee; to provide that no certificate of approval or disapproval shall be issued unless such fee is paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 13-904 of the Code, relating to the statement to be furnished the Superintendent of Banks by applicants for a charter, is hereby amended by adding at the end thereof the following: Such statement shall be accompanied by an examination and investigation fee of $250.00, to be paid by the applicants. The Superintendent shall conduct no examination or investigation and shall issue no certificate of approval or disapproval unless such fee is paid., so that when so amended Section 13-904 shall read as follows: Code 13-904 amended. When such application has been referred to the Superintendent of Banks he shall call upon the applicants for a statement, showing: New section.

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1. The names and places of residence of the subscribers to the stock of such bank and the number of shares to be held by each. 2. The names of the stockholders who shall be directors for the first year of the incorporation of said bank. Statement of applicant. 3. How and when it is proposed that the capital stock shall be paid in. 4. When it is proposed that such bank shall commence business. 5. Such other information as may be desired by the Superintendent of Banks. Which statement it shall be the duty of said applicants to furnish upon request of said Superintendent. Such statement shall be accompanied by an examination and investigation fee of $250.00, to be paid by the applicants. Provided, that this fee shall not apply to applications for renewal of charters. The Superintendent shall conduct no examination or investigation and shall issue no certificate of approval or disapproval unless such fee is paid. Investigation fee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1955. BANK DEPOSITS OF DECEASED DEPOSITORS. Code 13-2048 Amended. No. 104 (Senate Bill No. 22). An Act to amend Section 13-2048 of the Georgia Code of 1933, as amended, and relating to the payment of the deposit of a deceased depositor, so as to increase

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the payments therein authorized from $600.00 to $1,000.00; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. Section 13-2048 of the Code of Georgia of 1933, as amended last by Georgia Laws 1952, page 189, approved February 15, 1952, and relating to the payment of deposits of a deceased depositor, is amended by striking the figures $600.00 wherever they appear in said Code section, and inserting in lieu thereof the figures $1,000.00, so that said section when so amended shall read as follows: Code 13-2048 amended. Payment of deposit of deceased depositor.Upon the death of any person intestate, having a deposit in the bank of not more than $1000, such bank shall be authorized to pay over such deposit: (a) to the husband or wife of the depositor; New section. (b) if no husband or wife, to the children; (c) if no children, to the father, if living, if not, to the mother of the depositor; (d) if no children or parent, then to the brothers or sisters of the depositor. The receipt of such person or persons shall be a full and final acquittance to the bank and relieve it of all liability to the estate of said deceased depositor or the representative thereof, should one be appointed. Provided, however, that in any case in which a deceased depositor has more than $1000.00 on deposit in the bank such bank shall be authorized to pay over any amount up to $1000.00 to any of the persons so authorized by this section to receive said deposit, such receipt shall not act as a full and final acquittance to the bank of all liability, however, but only as to the liability for such amount as might be paid.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1955. ABSENTEE VOTING. Code 34-33013305, 34-3307 Amended. No. 105 (Senate Bill No. 19). An Act to amend Chapter 34-33 of the Georgia Code of 1933, as amended by Acts approved March 27, 1941 (Ga. Laws 1941, p. 365) and March 20, 1943 (Ga. Laws 1943, p. 228) and March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 579), which chapter, as amended, relates to voting by mail by persons other than military personnel, so as to delete therefrom the requirement that the application for ballot, mailing of the ballot by the registrars, and return of the marked ballot by the voter, be sent by registered mail, so that said mailing may be done by ordinary mail rather than registered mail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 34-3301 of the Code, as amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 228), relating to the right of citizens to vote by registered mail, is hereby amended by striking thereform the word registered in the third line just preceding the word mail, so that said section, when so amended, shall read as follows: Code 34-3301 amended. Section 34-3301. Any voter, when required to be absent from the city or county, ward or district in which he is registered, may vote by mail: provided, that he or some member of his immediate family,viz., husband or

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wife, father or mother, sister or brother, or son or daughtershall give notice in writing of such intention to the registrars or the ordinary of his county, not less than 10 days nor more than 60 days prior to the primary or general election in which he may desire to participate. Voting by mail. Section 2. Section 34-3302 of the Code, relating to the application for ballot, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Code 34-3302 amended. Section 34-3302. Said voter shall by mail forward to the registrars of the county of his residence a letter of application for a ballot. Application for ballot. Section 3. Section 34-3303 of the Code, as amended by an Act approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 579), which section relates to opening of the ballot by the voter, is hereby amended by striking said section in its entirety and by substituting in lieu thereof a new section to read as follows: Code 34-3303 amended. Section 34-3303. Upon receipt of the registered letter, forwarded by the registrars, as is hereinafter provided, the applicant shall open the sealed envelope marked ballot within in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, and shall then and there mark and refold the ballot without assistance and without making known the manner of marking the same. He shall then and there place the ballot within the envelope in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall witness the same in writing, as hereinafter provided. The envelope with the coupon hereinafter described shall be enclosed within the envelope directed to the registrars and immediately mailed. Receipt and marking of ballot. Section 4. Section 34-3304 of the Code, relating to opening of the ballot in the presence of the consulate or Army or Navy officer, is hereby amended by striking therefrom the last sentence, relating to witnessing and

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registration by an Army or Navy officer, so that said section, when so amended, shall read as follows: Code 34-3304 amended. Section 34-3304. If the letter shall have been directed to the United States consulate, an elector receiving his ballot shall conform to all the requirements of Section 34-3303, except that he shall sign and seal the ballot in the presence of the American consul or his assistant, preserving all the secrecy of the ballot, as provided in Section 34-3303, and it shall be forwarded by the consulate within two days after receipt of same. Ballot received at consulate. Section 5. Section 34-3305 of the Code, as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 365), relating to duties of the registrar upon receiving applications for absentee ballots, is hereby amended by striking from said section, as amended, the word registered, in the ninth line, just preceding the word mail, and by striking therefrom the words found in parenthesis and which read as follows: (cost of same having been forwarded as hereinbefore provided), so that said section when so amended, shall read as follows: Code 34-3305 amended. Section 34-3305. The registrar, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the county for which said application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for the purpose, and make out the certificate and coupon attached, as hereinafter provided, and forward same to the applicant at least 9 days prior to the date of holding said election, by mail, general delivery, and shall also enclose in said letter: Forwarding of ballot by registrar. (a) An envelope containing the folded ballot, sealed and marked `ballot within'. (b) An envelope, for resealing the marked ballot, form of which is hereinafter provided, and called `voucher'.

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(c) A property addressed envelope for the return of said ballot. (d) A printed slip, giving full instruction regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided by the ordinary or executive committee. Section 6. Section 34-3307 of the Code, as amended by an Act approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 579), which section relates to opening of the envelope containing the ballot and execution of the voucher, is hereby amended by striking said section in its entirety and by substituting in lieu thereof a new section to read as follows: Code 34-3307 amended. Section 34-3307. The applicant shall open the sealed envelope marked `ballot within' in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall see that the ballot is duly deposited in the mails after completion thereof. The voter shall mark and refold the ballot without assistance and shall not disclose the manner in which it has been marked, shall seal and sign the voucher, the postmaster or assistant, or any person qualified under the law to attest deeds, signing as witness to said voucher. Marking of ballot. NameColor HeightAgeColor of hair Color of eyesWeight (Estimated) Birthplace given by voter Occupation State and county where voter claimed to have last votedCountyState. Voucher. To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no

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knowledge whatever of the marking, erasures or intent of the ballot enclosed. (Signed) (Postmaster, his assistant, or any person qualified under the law to attest deeds) In territory without the jurisdiction of the United States the consular officer shall sign the certificate. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1955. ADOPTIONSUBSTITUTE BIRTH CERTIFICATE. No. 106 (Senate Bill No. 78). An Act to amend and Act approved March 8, 1945 (Ga. Laws 1945, p. 236), which provided a complete and comprehensive vital statistics law for Georgia, as amended by an Act approved February 19, 1953 (Ga. Laws 1953, p. 140), so as to provide that the residence of the foster parents may, at the option of the adoptive parents, be inserted on the substitute birth certificate in place of the actual place of birth of the adopted person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 8, 1945 (Ga. Laws 1945, p. 236) which provided a complete and comprehensive vital statistics law for Georgia, as amended by an Act approved February 19, 1953 (Ga. Laws 1953, p. 140) is hereby amended by inserting immediately following sentence 2 of Section 10 of said Act a new sentence to read: At the option of the adoptive parents the place of birth may be shown as the true place of

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birth, or, as the residence of the parents as of the date of the birth of the child, if the adoptive parents were bona fide residents of the State of Georgia on the date of birth., and by inserting immediately following sentence 5 of Section 10 a new sentence to read: If the county of residence of the adoptive parents is used as the place of birth, the substitute certificate shall be sent to that county and the original county certificate recalled without a copy of the substitute certificate being filed in lieu thereof., so that Section 10 when so amended shall read as follows: Sec. 10, Act of 1945, amended. Section 10. Adoptions. In case of adoption it shall be the duty of the clerk of the superior court to forward by the fifteenth of the following month to the Division of Vital Statistics of the Georgia Department of Public Health a Certificate of Adoption on a form which shall be prescribed by the State Board of Health, in lieu of the adoption papers. The Division upon receipt of the Certificate of Adoption and upon request of the adopting parents shall prepare a substitute certificate, if the birth occurred in the State of Georgia, on a form prescribed by the State Board of Health in the name of the adopted person naming the true date of birth and sex of said adopted person and statistical particulars and names of the foster parents in place of natural parents. At the option of the adoptive parents the place of birth may be shown as the true place of birth, or, as the residence of the parents as of the date of the birth of the child, if the adoptive parents were bona fide residents of the State of Georgia on the date of birth. The Division shall make a substitute birth certificate if furnished with a Certificate of Adoption for any birth certificate in its custody. If no birth certificate is found to be on file for the adopted person and if such person was born in the State of Georgia, a delayed birth certificate shall be executed according to the provisions of Section 23. The Division of Vital Statistics shall send a copy of the substitute record to the official responsible for the maintenance of county and/or city vital statistics records and such official shall substitute said substitute record for the certificate on file in his office. If the county of residence

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of the adoptive parents is used as the place of birth, the substitute certificate shall be sent to that county and the original county certificate recalled without a copy of the substitute certificate being filed in lieu thereof. The copies of the original county birth record shall then be forwarded to the Division of Vital Statistics to be sealed with the original record in the files of the Division of Vital Statistics. Such sealed records may be opened by the Division of Vital Statistics only upon demand of the adopted person, if of age, or by order of a court of competent jurisdiction. Upon receipt of a certified copy of a court order of annulment of adoption, the Division of Vital Statistics shall restore the original certificate to its original place in the files. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1955. WORKMEN'S COMPENSATION ACT AMENDED. Code 114-404114-406, 114-413, 114-501 Amended. No. 107 (Senate Bill No. 43). An Act to amend Title 114 of the Code of Georgia of 1933, as amended, which Title relates to Workmen's Compensation, and particularly Chapter 114-4, relating to the amount, computation, and payment of compensation, and Chapter 114-5, relating to medical attention and physical examinations, by amending Section 114-404, relating to total incapacity and the limit of compensation, so as to increase the maximum and minimum compensation and the number of weeks of compensation; by amending Section 144-405, relating to partial incapacity and limit of compensation, so as to increase the amount of compensation and the number of weeks of compensation; by amending Section

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114-406, relating to compensation for injuries so as to increase the amount of compensation and the number of weeks of compensation; by amending Section 114-413, relating to compensation in case of death, dependents and expenses of last sickness and funeral, so as to increase the amount of compensation and the number of weeks of compensation; by amending Section 114-501, relating to medical and other treatment, so as to increase the maximum allowable; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 114-404 of the Code of Georgia, as amended, relating to total incapacity and limit of compensation, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 114-404, to read as follows: Code 114-404 amended. 114-404. Total incapacity; limit of compensation.When the incapacity to work resulting from an injury is total, the employer shall pay or cause to be paid, as hereinafter provided for, to the employee during such total incapacity a weekly compensation equal to sixty percent of his average wages, but not more than $30.00 per week nor less than $10.00 per week, except when the weekly wage is below $10, then the regular wages on the date of the accident shall be the weekly amount paid, and in no case shall the period covered by such compensation be greater than 400 weeks, nor shall the total amount of compensation exceed $10,000. Total incapacity; limit of compensation. Section 2. Section 114-405 of the Code of Georgia, as amended, relating to partial incapacity and limit of compensation, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 114-405, to read as follows: 114-405. Partial incapacity; limit of compensation. Except as otherwise provided in the next section hereafter, where the incapacity for work resulting from the

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injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity, a weekly compensation equal to sixty percent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than $20 a week, and in no case shall the period covered by such compensation be greater than 350 weeks from the date of injury. In case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity. The total compensation payable shall in no case exceed $6,000. Code 114-405 amended. Partial incapacity; limit of compensation. Section 3. Section 114-406 of the Code of Georgia, as amended, relating to compensation for injuries, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 114-406, to read follows: Code 114-406 amended. 114-406. Compensation for injuries.In the cases included by the following schedule the permanent partial industrial handicap in each case shall be compensated by payments for the period specified, and the compensation so paid for such handicap shall be as specified therein and shall be in lieu of all other compensation for the permanent partial handicap. In addition to the compensation provided in the schedule for permanent partial handicap, compensation for total incapacity for work, as provided in Section 114-404, shall be paid, but compensation for total incapacity for work shall in no case be paid for a period longer than 10 weeks. Compensation for injuries. (a) Loss of a thumb, 60 per centum of the average weekly wages during 60 weeks. (b) Loss of a first finger, commonly called the index finger, 60 per centum of the average weekly wages during 40 weeks. (c) Loss of a second finger, 60 per centum of the average weekly wages during 35 weeks.

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(d) Loss of a third finger, 60 per centum of the average weekly wages during 30 weeks. (e) Loss of a fourth finger, commonly called the little finger, 60 per centum of the average weekly wages during 25 weeks. (f) Loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half of such thumb or finger, and the compensation shall be for one-half of the periods of time above specified. (g) Loss of more than one phalange shall be considered the loss of the entire finger or thumb: Provided, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of hand. (h) Loss of a great toe, 60 per centum of the average weekly wages during 30 weeks. (i) Loss of one of the toes other than a great toe, 60 per centum of the average weekly wages during 20 weeks. (j) Loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and the compensation shall be for one-half of the periods of time above specified. (k) Loss of more than one phalange shall be considered as the loss of the entire toe. (l) Loss of a hand, 60 per centum of the average weekly wages during 150 weeks. (m) Loss of an arm, 60 per centum of the average weekly wages during 200 weeks. (n) Loss of a foot, 60 per centum of the average weekly wages during 125 weeks.

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(o) Loss of a leg, 60 per centum of average weekly wages during 225 weeks. (p) Loss of an eye, 60 per centum of the average weekly wages during 125 weeks. (q) Complete loss of hearing in both ears, 60 per centum of average weekly wages during 150 weeks. (r) Total loss of use of a member or loss of vision of an eye shall be considered as equivalent to the loss of such member or eye. The compensation for partial loss of, or for partial loss of use of, a member or, for partial loss of vision of an eye, shall be such proportion of the payments above provided for total loss as such partial loss bears to total loss. Loss of both arms, hands, legs, or feet, or any two of these members, or the permanenet total loss of vision in both eyes, shall be deemed permanent total incapacity and shall be compensated under Section 114-404. The weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and minimum as set out in Section 114-404. Section 4. Section 114-413 of the Code of Georgia, as amended, relating to death from causes other than injury, death resulting from injury, expenses of last sickness and funeral, and dependents, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 114-413, to read as follows: Code 114-413 amended. 114-413. Death from causes other than injury; death resulting from injury; expenses of last sickness and funeral; dependents.When an employee is entitled to compensation under this Title for an injury received, and death ensues from any cause not resulting from the injury for which he was entitled the compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. Death. If death results instantly from an accident arising

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out of and in the course of employment, or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this Title shall be as follows: (a) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness, and burial expenses not to exceed $350. If the employee leaves no dependents this shall be the only compensation. (b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to 85 percent of the compensation which is provided for in Section 114-404 for total disability, for a period not exceeding 400 weeks from date of injury. (c) If the employee leaves dependents only partially dependent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury. (d) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments, but the number of weekly payments made to the injured employee under Section 114-404 shall be subtracted from the maximum of 400 weeks provided by this section, so that the duration of payments made to the dependents under this section plus the weekly payments made to the injured employee under Section 114-404 shall not exceed a total of 400 weeks from the date of the injury, and in no case shall payments be made to dependents except during dependency. (e) If the employee does not leave dependents, citizens of or residing at the time of the accident in the

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United States or Dominion of Canada, the amount of compensation shall not in any case exceed $1,000. The compensation provided for in this section shall be payable only to dependents and only during dependency. Section 5. Section 114-501 of the Code of Georgia, as amended, relating to medical and other treatment, artificial members, and effect of refusal to accept, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 114-501, to read as follows: Code 114-501 amended. 114-501. Medical and other treatment; artificial members; effect of refusal to accept.Medical, surgical, hospital, and other treatment, in amount not to exceed $1,125, including medical and surgical supplies as may reasonably be required, for the period not exceeding 10 weeks from date of injury to effect a cure or give relief and for such additional time, and for such additional amount not exceeding $375 additional, as in the judgment of the Board will tend to lessen the period of disability, and in addition thereto such original artificial members as may be reasonably necessary at the end of the healing period shall be provided by the employer. In case of a controversy arising between the employer and the employee relative to the continuance of medical, surgical, hospital, or other treatment, the State Board of Workmen's Compensation may order such further treatments as may in the discretion of the Board be necessary, within the limits of time and amount as set forth above. Medical and other treatment. The Board may at any time upon request of an employee order a change of physician or treatment and designate other treatment or another physician as suggested by the injured employee subject to the approval of the Board, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as hereinbefore provided in this section for medical and surgical treatment and attendance.

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The refusal of the employee to accept any medical, hospital, surgical, or other treatment when ordered by the State Board of Workmen's Compensation shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opinion of the State Board of Workmen's Compensation the circumstances justify the refusal, in which case, the State Board of Workmen's Compensation may order a change in the medical or hospital service. If in an emergency on account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service, within the limits of time and amount set forth above, shall be paid by the employer if so ordered by the State Board of Workmen's Compensation. Section 6. Should any provision of this Act be declared invalid by a court of competent jurisdiction, such declaration of invalidity shall not affect any other provision of this Act. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1955. WILLSPROBATE IN SOLEMN FORM. Code 113-607 Amended. No. 109 (House Bill No. 41). An Act to amend Section 113-607 of the 1933 Code of Georgia, as amended, relating to the giving of notice of a petition to probate a will in solemn form to all interested parties sui juris, non compos mentis, or

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otherwise; to provide for the service of notice to probate on non-residents, unknown parties, or parties residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if a party is a legal resident of Georgia or of some foreign State, by publication in newspapers in which sheriff's advertisements appear once a week for four weeks; to provide for the contents of such notice; to provide for the mailing of a copy of the newspaper containing such notice to a known non-resident party or a party residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if such a party is a legal resident of Georgia or of some foreign State; to provide that notice by publication shall be equivalent to personal service when a party is unknown, a non-resident, or resides without the State voluntarily or involuntarily under circumstances which make it difficult to determine if such a party is a legal resident of Georgia or of some foreign State; to repeal conflicting laws; and, for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 113-607 of the 1933 Code of Georgia, as amended, relating to the giving of notice of a petition to probate a will in solemn form is amended by striking said Code Section in its entirety and inserting in lieu thereof the following: 113-607. Notice of motion for probate in solemn form.Notice of a petition for probate in solemn form shall be personal, if the party resides in the State, and is known, and shall be served at least 10 days before the term of court at which the probate is to be made, except that, if waived in writing, such 10 day provisions shall not apply. When a party to be served is unknown or a known party resides without the State, or a known party resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia

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or of some foreign State upon the fact being made to appear to the court, said court shall order service to be perfected by publication in the newspaper in which sheriff's advertisements are published in the county in which the application for probate in solemn form is made, once a week for four weeks, provided, however, that such publication need not be made if service is acknowledged by the non-resident party or the party whose legal residence is in doubt. The records of the court shall show the persons notified and the character of the notice given. New section. (a) Such published notice shall contain a caption setting forth the court, the term of court at which the order for service by publication was granted, the name of the deceased and the fact that application has been made to probate the will of such deceased in solemn form and the name of the applicant and whether the applicant seeks letters testamentary or continuance in force of letters testamentary previously granted, if any, and shall contain a notice directed and addressed to the party to be served, if known, and to known parties residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, and if not known then and in that event to all and singular the heirs at law of such deceased, commanding him or them, or all as the case may be, that is, such known non-resident party or parties or any known party or parties residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, and such unknown heir or heirs, to be and appear at the next term of the court to then and there show cause if any there be why the probate in solemn form of such will should not be had and shall bear teste in the name of the ordinary, and shall be signed by the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then by the ordinary as clerk of the court and shall have thereon the seal of the court.

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(b) Where the residence or abiding place of a non-resident to be notified is known or if a known party resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, the propounder shall file in the court within three days after the first publication of the notice a copy of the newspaper in which the notice is published with such notice plainly marked; and, thereupon, it shall be the duty of the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then the duty of the ordinary, as clerk of the court, within two days after the filing of such newspaper in the court, to enclose, direct, stamp and mail said paper to the party to be notified. (c) When service by publication is ordered pursuant to this Act in the matter of probate of a will in solemn form, compliance with the provisions of this Act relating to a party to be notified who is unknown or is known and resides without the State, or who resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, shall be equivalent to personal service of a copy of the petition, citation, and order for publication when that fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication notice directed to all and singular the heirs at law of such deceased and compliance with this Act. In the case of a non-resident person known, or a known person residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if, said person is a legal resident of Georgia or of some foreign State, his name shall appear in the records of the court, and such records shall show as to him compliance with this Act. In any case where there may be a party unknown, a known non-resident of the State or a known party residing without the State either voluntarily or involuntarily under circumstances which make it difficult

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to determine if said person is a legal resident of Georgia or of some foreign State, to be notified, one order for publication shall be sufficient and the notice to be published shall be directed as provided in Subparagraph (a) of this Act. (d) Infants, insane persons, deaf and dumb persons when incapable of managing their estates, habitual drunkards, persons who are mentally incompetent due to senility, and persons imbecile from old age or other cause and incapable of managing their estates, shall be served as provided by this Act; Provided, however, the court of ordinary may appoint a guardian ad litem for any such person who does not have a guardian qualified under the laws of this State, and such guardian ad litem shall be responsible to such person for his conduct in connection with the probate of said will in solemn form in the same manner as if he were a reqularly qualified guardian. A copy of the petition for probate in solemn form, citation and order for publication shall be served upon the guardian ad litem and such service shall be equivalent to personal service on any such person as if he were sui juris and a resident of this State. Section 2. Be it further enacted by the authority aforesaid that the procedure prescribed by this Act shall be applicable to all wills offered for probate in solemn form irrespective of the date of death of the deceased. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1955. LIQUEFIED PETROLEUM GASES ACT AMENDED. No. 111 (House Bill No. 459). An Act to amend an Act entitled An Act to prescribe uniform regulations for the distribution, sale and use

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of liquefied petroleum gases; to designate the Insurance Commissioner as the enforcing officer; to prescribe his duties; to empower and authorize the Insurance Commissioner to adopt, promulgate and enforce rules and regulations; to provide for licenses and permits; to appropriate funds for the purpose of carrying out this Act; to provide for penalties; to repeal conflicting laws; and for other purposes., approved February 25, 1949 (Ga. Laws 1949, p. 1128), so as to provide for minimum storage facilities for non-resident licensees in this State; to provide for a change in license fees; to provide for reciprocal agreements; to change the term Insurance Commissioner to State Fire Marshal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to prescribe uniform regulations for the distribution, sale and use of liquefied petroleum gases; to designate the Insurance Commissioner as the enforcing officer; to prescribe his duties; to empower and authorize the Insurance Commissioner to adopt, promulgate and enforce rules and regulations; to provide for licenses and permits; to appropriate funds for the purpose of carrying out this Act; to provide for penalties; to repeal conflicting laws; and for other purposes., approved February 25, 1949 (Ga. Laws 1949, p. 1128), is hereby amended by adding a new section thereto, to be known as Section 4-A, to read as follows: Act of 1949 amended. Section 4-A. No non-resident person, firm or corporation shall be licensed to sell or distribute liquefied pertoleum gas in this State unless such person, firm or corporation owns or operates in Georgia at least one bulk storage facility capable of holding a minimum of 18,000 gallons of liquefied pertoleum gas. Non-resident dealers. Section 2. Said Act is further amended by striking from Section VII the words an annual fee of one hundred dollars shall be charged., and inserting in lieu

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thereof the following: an annual fee of not less than twenty-five dollars nor more than one hundred dollars shall be charged, on a graduated capacity scale for each installation of such person, firm or corporation doing business in Georgia., so that when so amended, Section VII shall read as follows: Sec. 7 amended. Section 7. The State Fire Marshal is hereby authorized and empowered to issue a license or permit to such person, firm or corporation qualifying under the terms of this Act and such rules and regulations which may be adopted by the State Fire Marshal and for such license or permit an annual fee of not less than twenty-five dollars nor more than one hundred dollars shall be charged, on a graduated capacity scale for each installation of such person, firm or corporation doing business in Georgia. All fees, assessments and collections made by said State Fire Marshal shall be paid into the general fund of the State treasury. License fee. Section 3. Said Act is further amended by adding a new section thereto, to be known as Section 10-A, to read as follows: Section 10-A. The State Fire Marshal is hereby authorized to enter into reciprocal agreements with another State to effectuate the purposes of this Act. Reciprocal agreements. Section 4. Said Act is further amended by striking the terms Insurance Commissioner and Commissioner wherever they appear in said Act and inserting in lieu thereof the term State Fire Marshal. Fire marshal. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955.

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FARMERS MARKET AUTHORITY. No. 113 (House Bill No. 176). An Act to create the Georgia Farmers Market Authority; to define certain terms in connection therewith; to provide for the membership thereof; to authorize the Authority to acquire from the State real and personal property and to build, rebuild, construct, reconstruct, repair and improve, extend, enlarge, maintain, own, operate, manage and lease farmers market projects which will be leased to the Department of Agriculture for the State of Georgia and which may be maintained and repaired by said State Department of Agriculture; to confer powers and impose duties on the Authority; to authorize the Governor to convey property both real and personal to the Authority; to provide for the initiation of the projects; to define the authority of the Department of Agriculture and the Commissioner of Agriculture with respect to the farmers market projects; to authorize the Department of Agriculture and the Commissioner of Agriculture to lease from the Authority such projects and to contract to pay rental therefor to the Authority; to authorize the inclusion in such leases or covenants on the part of the lessees to indemnify and save harmless the Authority on account of injury or damage occurring on said projects; to provide for the setting and cessation of rentals under such leases, and for the payment thereof; to provide for the assignment of any rental due to the Authority under such lease contracts; to provide for an Authority fund; to provide for rules and regulations governing projects; to provide for the financing, construction, improvement and other action with respect to the projects by the issuance of bonds payable from the revenues, rents and earnings of the Authority; to prescribe the terms and conditions of such bonds and authorize the collection and pledging of revenues to their payment and to the cost of maintaining, operating and repairing farmers market projects; to authorize the execution of trust indentures to secure payment of such bonds and to define the rights

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of the Authority and the holders of such bonds; to provide that the bonds of the Authority shall not constitute a debt of the State; to prescribe the public and charitable nature of the property of the Authority and make its property, its bonds and the income therefrom exempt from taxation; to make bonds of the Authority legal investments; to authorize the issuance of revenue refunding bonds; to fix the venue and jurisdiction of actions relating to any provisions of this Act, and to provide for the validation of such bonds; to provide for declaratory adjudications of the validity of the Authority's lease contracts; to provide for the enforcement of this Act; and for other purposes. Whereas, agriculture is a major foundation of the economy of this State, and Whereas, the General Assembly has determined that the farmers markets now in operation in this State are not adequate for the needs of the farmers and those who purchase the produce of farms and fields, and Whereas, the General Assembly of Georgia deems it necessary to provide for additional farmers markets and related facilities to foster and encourage the growth of the agricultural economy of this State, which will in turn promote the general welfare of the citizens of Georgia, and Whereas, the revenues arising from the increase in the economy thereby stimulated will contribute to the amortization of the cost of these farmers market projects, and Whereas, the General Assembly deems it advisable and to the best interests of this State and its citizens to insure adequate farmers markets by means of long term revenue bond financing; Now therefore, be it enacted by the General Assembly of Georgia:

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Section 1. Short title . This Act may be cited as the Georgia Farmers Market Authority Act. Section 2. Definitions . The following words and terms shall have the meaning hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent: (a) Authority. Georgia Farmers Market Authority, created by this Act. (b) Bonds. Any bonds issued by the Authority under the provisions of this Act, including refunding bonds. (c) Cost of the project, or projects. The cost of conrights in property, the cost of all machinery and equipment necessary for operation of a project, financing charges, interest prior to and during construction, cost of engineering and architectural services, plans and specifications, surveys and supervision, legal expenses, struction, cost of all land, properties, franchises, and expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, fiscal expense and such other expense as may be necessary or incident to the financing authorized by this Act, and the expense of construction of any action permitted by this Act with respect to a particular project, and the placing of the same in operation, and including any other expense authorized by this Act to be incurred by the Authority which is incurred with respect to any action as regards a particular project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under the provisions of this Act for such project or group of projects. Definition. (d) Project. One or more farmers markets, either existing, or planned by the Authority, as to which the Authority has undertaken, or agreed to undertake, any action permitted by the terms of this Act, or as to which any such action has been completed by the Authority.

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(e) Farmers Market. Place located either within the State of Georgia where farmers may bring or send to sell, exhibit or tranship, and buyers may come to buy, inspect or transport, any product of husbandry or agriculture, including, without limitation, the produce of field and farm, livestock, poultry and the like. The term shall include all real and personal property, buildings, warehouses, storage facilities, barns, exhibition halls and other structures, facilities, utilities, parking areas, streets, tracks, and other appurtenances of every kind and character used or useful at such place in promoting the buying and selling of agricultural and farm products. It shall also include not only such places as may now or hereafter exist, but those which may be planned, built or constructed by the Authority and those to which the Authority has undertaken or agreed to undertake any action permitted by this Act. (f) Self liquidating. A project, or group of projects shall be self-liquidating if in the judgment of the Authority the revenues, rents and earnings derived by the Authority therefrom will be sufficient to pay the principal of and interest on bonds which may be issued for the cost of such project or group of projects plus the cost of maintaining, repairing and operating said projects and other lawful expenses of the Authority. Section 3. Georgia Farmers Market Authority . There is hereby created a body corporate and politic and an instrumentality and public corporation of this State, to be known as Georgia Farmers Market Authority. It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all Courts of law and equity. Farmers Market Authority. Section 4. Membership of the Authority; officers; quorum; compensation; books and records . (a) The Authority shall consist of the Governor, the Lieutenant Governor, the Commissioner of Agriculture, the Attorney-General and the State Auditor.

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(b) Immediately upon the approval of this Act, the members of the Authority above designated shall enter upon their duties without further act or formality. (c) The Authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. Membership; officers, etc. (d) The Authority may make such by-laws for its government as is deemed necessary, but is under no duty to do so. (e) Three members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid. Quorum. (f) The members shall not receive compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. (g) Members of the Authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the Authority, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the State Auditor at least once in each year. Books and records. Section 5. Powers of the Authority . The Authority shall have, in addition to any other powers conferred in this Act, the following powers: (a) To have a seal and alter the same at its pleasure. (b) To acquire, by purchase, lease, gift or otherwise, and to hold, lease and dispose of in any manner, real

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and personal property of every kind and chartcter for its corporate purposes. Powers. (c) To appoint such additional officers, who need not be members of the Authority, as the Authority deems advisable, and to employ such experts, agents, and employees as may be, in its judgment necessary to carry on properly the business of the Authority; to fix the compensation for such officers, experts, agents and employees and to promote and discharge same; provided, however, that the total compensation paid such persons shall not exceed the sum of $25,000.00 per year. (d) To make such contracts and agreements as the legitimate and necessary purposes of this Act shall require, and to execute and perform lease contracts for projects as permitted by this Act, and to make all other contracts and agreements as may be necessary to the proper performance of any action permitted hereby. (e) To build, rebuild, construct, reconstruct, repair, improve, extend, enlarge, modernize, equip, maintain, own, operate, manage and lease projects located on property owned by the Authority, and to pay the cost in whole or in part of any such action or actions from the proceeds of bonds. (f) To borrow money for any of its corporate purposes and to issue bonds for such purposes as hereinafter provided. (g) To exercise any power granted to private corporations not in conflict with the Constitution and laws of this State nor with other provisions of this Act. (h) To do and perform all things necessary or convenient to carry out the powers conferred upon the Authority by this Act. (i) By or through its agents, or employees, to enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings, and

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examinations as the Authority may deem necessary or convenient for the purposes of this Act, and such entry shall not be deemed a trespass. The Authority shall, however, make reimbursement for any actual damage resulting from such activities. (j) To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks and other equipment and appliances of any public utility in, on, along, over or under any project. (k) To prescribe rules and regulations for the operation of each project, should the Authority deem such rules and regulations necessary. Section 6. Conveyance of property . (a) The Governor of this State is authorized and empowered to convey, on behalf of the State, to the Authority any real or personal property or interest therein now or hereafter owned by the State (including any such property acquired in the name of the State Department of Agriculture) which is at the time used or may upon completion of any action permitted to the Authority by this Act be used as a farmers market. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; provided, however, that such consideration shall be nominal, the benefits flowing to the State and its citizens constituting full and adequate actual consideration. Conveyance of property. (b) The State of Georgia or the State Department of Agriculture are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real or personal property and interests therein which upon acquisition may be conveyed by the Governor as above provided to the Authority. (c) If within one year after a conveyance by the Governor as above provided there shall not have been executed

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a lease covering such property, or interests therein, between the Authority and the Department of Agriculture as hereinafter provided, such property, interest or interests therein, shall revert to the State. Section 7. Initiation of projects . Action by the Authority as respects any project or combination of projects shall be initiated as follows: The Commissioner of Agriculture, after investigation, shall recommend to the Authority in writing the undertaking with respect to a specific project or a group of projects of any action permitted by this Act deemed by said Commissioner to be desirable in the public interest and consistent with the purposes hereof. The Authority shall consider such request and may by resolution provide for undertaking and financing of all or any part of such recommended actions, but it shall be under no duty to undertake or finance any of them. Initiation of projects. Section 8. Surveys, plans, specifications and studies by the Department of Agriculture and Commissioner; reimbursement for expenses . (a) The Commissioner of Agriculture and the Department of Agriculture are authorized to make and to expend any funds available to them for the purpose of making surveys, studies and estimates in connection with formulating the recommendations of the Commissioner to the Authority; and they are further authorized to prepare and furnish and expend funds for the purpose of preparing all necessary plans and specifications and furnishing all engineering and architectural skill and supervision for any project or projects with respect to which the Authority has undertaken or contemplates undertaking any action permitted by this Act. The State Department of Agriculture shall keep an accurate record of such expenses, which, if not reimbursed or paid for by the Authority as hereinafter permitted, shall be deemed proper and legitimate expenses of said Department and the Commissioner thereof. Surveys, plans, etc. (b) Before the Authority shall undertake any action with respect to a project, it shall first obtain approval from the Commissioner of Agriculture of the plans, specifications

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and drawings, if any, detailing the action to be undertaken. (c) The Authority may contract to reimburse the Commissioner of Agriculture and the State Department of Agriculture for surveys, studies, estimates, plans, specifications, furnishing engineering and architectural skill and supervision, and for any other services permitted by this Act from the proceeds of any issue of revenue bonds secured by rentals of the project or group of projects with respect to which the services were rendered, and the same shall be considered as part of the cost of the project. Section 9. Contracts; competitive bids . All contracts of the Authority for the construction of any project authorized by this Act shall be let only after public competitive sealed bids therefor. Contracts. Section 10. Lease of projects . The Authority as lessor is authorized to lease any project or group of projects to the State Department of Agriculture as lessee, and the Commissioner of Agriculture is authorized and empowered on behalf of the Department to execute and enter upon such leases for the use of a project or group of projects by the said Department and the general public on the terms and conditions hereinafter set forth: (a) Said leases shall be for a term not in excess of fifty years; (b) The rental to be paid for the use of the project or projects shall be fixed by the Authority and shall be calculated so as to enable the Authority: (1) To pay the principal of and interest on the bonds, the proceeds of which have been or will be spent on the cost of the project or projects thus leased, including premium, if any; (2) To comply with any sinking fund requirement contained in the indenture of trust securing such bonds;

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(3) To pay the cost of maintaining, repairing and operating such project or projects; Lease of projects. (4) To perform fully all of the provisions of the trust indenture securing the bonds to the payment of which such rental is pledged; (5) To pay the pro rata share of the reasonable and necessary administrative and operating expense of the Authority, including any sum or sums that may be owed to the Department of Agriculture as a result of expenditures made by that Department under the provision of this Act; (6) To accumulate any excess income which may be required by the bond purchasers or dictated by the requirements of achieving ready marketability and low interest rates of the bonds; (7) To pay any expenses in connection with the bond issue or project or group of projects such as trustees' fees, counsel fees, fiscal fees, and the like. (c) The rental shall be payable at such intervals as may be agreed upon and set forth in such lease, and any lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking of the Authority with respect to any project or projects; and it may also provide for payment of rental during such times as the leased project or group of projects may be partially or wholly untenantable; (d) The lease may obligate the Department of Agriculture at its own expense to maintain and to keep in good repair (including complete reconstruction, if necessary) the leased projects, regardless of the cause of the necessity for such maintenance, repair or reconstruction. If such provision be included in any lease, then the maintenance, repair, upkeep and reconstruction, if necessary, shall be performed by the Department of Agriculture, which is hereby authorized to expend any

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sums legally available to it in carrying out such obligation; (e) The lease may obligate the State Department of Agriculture to indemnify and save harmless the Authority from any and all injury and damage to persons or property occurring on or by reason of the leased premises and improvements thereon, and to undertake at State expense the defense of any actions brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. Section 11. Cessation of rentals . When all of the bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any project or group of projects have been pledged, in whole or in part, either originally or subsequently, primarily or secondarily, directly or indirectly, or otherwise have been paid in full or a sufficient amount for the payment thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, such project or group of projects shall thenceforth be maintained in the same manner and upon the same status as any farmers market owned by the State or the Department of Agriculture, free from any and all rental consideration, and shall be maintained and kept in good repair by the Department of Agriculture. Cessation of rental. Section 12. Title to projects to revert to the State of Georgia . When all of the bonds, interest coupons and obligations of every nature whatsoever for the payment of which the revenues of any project or group of projects have been pledged, in whole or in part, either originally or subsequently, primarily or secondarily, directly or indirectly, or otherwise have been paid in full or a sufficient amount for the payment thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, the title to such project or projects shall revert to the State of Georgia, regardless of location. Title to projects. Section 13. Payment of rentals; limit; enforcement of covenants . The rental contracted to be paid by the Department

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of Agriculture to the Authority under any lease entered upon pursuant to this Act shall be paid as provided in the lease contract. Payment of rentals. The rentals under all leases entered upon under the provisions of this Act shall not exceed in any fiscal year the sum of $1,200,000.00. If the Department of Agriculture shall fail or refuse punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, it shall be subject to suit for the enforcement of any obligation or covenant. The Authority shall be permitted to assign any rental due it by the Department of Agriculture to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 14. Authority fund . All revenues in excess of all obligations of the Authority of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the Authority for the security of bonds issued hereunder, together with all receipts and gifts of every kind and nature whatsoever shall be and become the Authority fund. The Authority, in its discretion, shall pledge or utilize the Authority fund for any one or more of the following purposes: (a) Pledges to the payment of any bond issue requirements, sinking or reserve funds, as may be provided for under the terms of this Act; Authority fund. (b) Payment of any outstanding unpaid bond obligations or administrative expenses; (c) The construction of any project requested by the Commissioner of Agriculture the cost of which may amount to a sum less than the accumulated balance of such fund;

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(d) The most advantageous obtainable purchase, redemption and retirement of the Authority's bonds pursuant to privileges accorded to the Authority in the various issues of bonds outstanding; (e) Investment in obligations of the United States or obligations the payment of which is guaranteed by the United States, of guaranteed convertibility or maturity not in excess of five years, provided, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this section. Section 15. Bonds. Limit . The Authority shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $8,000,000.00 in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects. The Authority shall not during its existence issue bonds aggregating in excess of $8,000,000.00. Bonds; limit. Section 16. Same. Terms; sale; interest rate . (a) All bonds of the Authority shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery; provided that the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchasers. All bonds of the Authority shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder, provided that as to any issue of bonds the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bond. The Authority may require reasonable security for the performances

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of the contract of purchase of any successful bidder at any public competitive bidding held. Terms. (b) Such bonds shall be dated, shall bear interest determined as above provided, and shall be payable as to both principal and interest in such manner as may be determined by the Authority. The principal of and interest on such bonds shall be payable solely from the special fund herein provided for such payment. Sale. (c) Such bonds shall mature not more than twenty-five years from the date of such bonds, 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 bonds. Interest rate. Section 17. Same. Form; denomination; registration; place of payment . The Authority shall determine the form of the bonds including any interest coupons to be attached thereto, and shall fix the denomination, or denominations, of the bonds and the place or places of payment of the principal and interest thereon which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone or as to both principal and interest. Form, denomination, etc. Section 18. Same. Signatures; seal . All bonds shall be signed by the chairman of the Authority, shall be attested by the secretary thereof, and shall bear the official seal of the Authority. Any coupons attached thereto shall bear the signature of the chairman of the Authority, and may, if the resolution authorizing the issuance of the bonds so provides, be attested by the secretary of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper

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office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 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. Signatures, seal. Section 19. Same. Negotiability; exemption from taxation . 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 instrument law of this State. Such bonds and the income thereof shall be exempt from all taxation within the State. Negotiable, Taxation. Section 20. Same. Proceeds of bonds . The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sink-ink fund provided for the payment of principal and interest of such bonds or shall be used for construction of additional projects, as the resolution creating such bonds and the trust indenture securing them may provide. Any

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additional projects constucted with such excess monies shall be included in the lease the rentals from which are pledged to the payment of such bonds by an appropriate amendment thereto, but no additional rental shall be charged merely on account of such additional projects. Proceeds. Section 21. Same. Interim receipts and certificates or temporary bonds . Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Temporary bonds. Section 22. Same. Replacement of lost or mutilated bonds . The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Lost or mutilated bonds. Section 23. Same. Condition precedent to and object of issuance . Resolutions for the issuance of such bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings. conditions, and things which are specified or required by this Act. In the discretion of the Authority, bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects including a combination of projects at any one location or any number of locations. Any resolution, providing for the issuance of bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Condition precedent to issuance. Section 24. Same. Credit of State not pledged . Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any

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appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Credit of State. Section 25. Same. Security . In the discretion of the Authority, any issue of such bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for any project or projects upon the default of any principal or interest payment upon the bonds thereof, and the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other charges for the use of the project or projects necessary to pay all cost of operation, the principal and interest on the issue, and cost of collection, and all things reasonably necessary to accomplish the collection of such sums, in the event of any default of the Authority, and such resolutions or trust indentures may include covenants setting forth the duties of the Authority in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision of architets and engineers selected by the Authority for such purpose, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies, be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the right and remedies of the bondholders and of the trustee and may restrict the individual right of action of

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bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem advisable, reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture or an administrative expense of the Authority. Security. Section 26. Same. To whom proceeds of bonds shall be paid . The Authority shall, in the resolution providing for issuance of 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. Proceeds. Section 27. Pledge of revenues . The revenues, rents and earnings derived from any particular project or combined projects or any and all funds from any source received by the State Department of Agriculture and pledged and allocated by it to the Authority as security for the performance of any lease, or leases; or, any and all revenues, rents and earnings received by the Authority regardless of whether or not such rents, earnings, and revenue were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged by the Authority to payment of principal and interest on bonds of the Authority as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary

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charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, but, except as may otherwise be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any monies in all sinking funds, after all bonds and the interest thereof for which such sinking funds were pledged have been paid, may be paid into the Authority fund provided for in Section 14 hereof. Pledges of revenues. Section 28. Same. Remedies of bondholders . Any holder of bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects and, in the event of default of the Authority upon the principal and interest obligations of any bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Department of Agriculture or its successors; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings

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due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the bond issues of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State. Remedies of bondholders. Section 29. Further remedies of the Authority . In addition to all other remedies provided by this Act, if the Department of Agriculture shall default in the payment of any rental due under any lease contract, and continue in such default for more than thirty days, the Authority may, and shall upon the written demand of the trustee or twenty-five percent in amount of the bondholders, upon ten days' notice in writing to the Commissioner of Agriculture, and without further legal process or proceeding, enter upon and take possession of any leased premises and operate the same for the purpose of curing such default, and so long as the Authority may deem necessary to restore the lease to good standing, including the accumulation of a reserve to protect against further defaults. The power granted by the foregoing provision shall be continuing, and shall not be exhausted by its exercise at any time or for any period of time. In the event of the exercise of such power, the Authority may designate the Commissioner of Agriculture as its agent to operate the installation or any leased premises, and the expense of such operation shall not be subject to the limitation imposed by Section 5 (c). Remedies of the Authority. Section 30. Same. Refunding bonds . The Authority is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of refund bonds of the Authority for the purpose of refunding any bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding

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bonds, the maturities and all other details thereof, the rights of the holder thereof and the duties of the Authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable. Refunding bonds. Section 31. Same. Bonds as legal investment; security for deposit . The bonds herein authorized are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, saving banks and saving associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Bonds as investments. Section 32. Same. Exemption from taxation; covenant of State . It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it under its jurisdiction, control, possessions or supervision or upon its activities in the operation or maintenance of the projects erected by it or any fees, rental

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or other charges for the use of such projects or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State. Exemption from taxation. Section 33. Same. Venue and jurisdiction . Any action to declare or to protect or enforce any rights or duties under the provisions of this Act, brought in the courts of the State, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive original jurisdiction of such actions. Venue of actions. Section 34. Same. Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Act of 1937 as amended (Acts of 1937, page 761, as amended). Validation. Section 35. Same. Adjudication declaratory of lease contracts validity . In and as an integral, but independent, part of the bond validation proceedings under this Act, or separately, the Authority is hereby given the right to and privilege of a simultaneous or separate right of action, suit or countersuit or equitable bill against the State Department of Agriculture for a declaratory adjudication of the validity and binding effect of all lease contracts whose rental income may be pledged, or partially pledged, to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the purported contracts contested are in all respects a good and sufficient, valid and binding obligation of the State Department of Agriculture. Any citizens of the State may intervene in such actions and assert any ground of objection. It shall be encumbent upon the State Department of Agriculture and the Commissioner thereof to defend against an adjudication of such validity or be forever bound unto the Authority and all succeeding to the rights of the Authority thereafter. Such adjudications may be rendered as an integral, but independent, part of the

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judgment upon the validation issue with which they are contested; or separately. Declaration of lease contracts validity. Section 36. Same. Interest of bondholders protected . While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance by the State Department of Agriculture or the Commissioner of Agriculture, or their successors, of all project rental and/or lease contracts and all the covenants thereof entered into under this Act, nor will the State compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds. Interests of bondholders. Section 37. Monies held as trust funds . All monies received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, or as revenues, tolls and earnings, shall be deemed trust funds to be held and applied solely as provided in this Act, and the bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indentures of the Authority. Trust funds. Section 38. Same. Powers declared supplemental and additional . The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; and shall not be regarded as in derogation of any powers now existing. Section 39. Liberal construction of Act . The Act being

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for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof. Section 40. Effect of partial invalidity of Act . The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect the remaining provisions. Section 41. Repealing clause . All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 23, 1955. JURY LISTSREVISION. Code 59-106 Amended. No. 114 (House Bill No. 116). An Act to amend Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists, by providing that the time allowed boards of jury commissioners after the first Monday in August in the years of their meeting to revise jury lists shall be extended from thirty to sixty days; 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 is hereby amended by striking the words 30 days and inserting in lieu thereof the words 60 days, so said section, as amended, shall read as follows: Code 59-106 amended. 59-106. Biennially, or, if the judge of the superior court shall direct, triennially on the first Monday in

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August, or within 60 days thereafter, the board of jury commissioners shall revise the jury lists. The jury commissioners shall select from the books of the tax receiver upright and intelligent men 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 men 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. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955. JURIESSEGREGATION AS TO AGE AND SEX. Code 59-719. No. 115 (House Bill No. 100). An Act to amend Chapter 59-7 of the Georgia Code, relating to juries generally, by adding thereto a new section so as to authorize the judge, in civil and criminal cases, to provide for segregation of jurors according to age and sex where confined overnight under supervision of court officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Chapter 59-7 of the Code, relating to juries generally, is hereby amended by adding thereto a new section, to be known as Section 59-719, and to read as follows: Section 59-719. Where during the trial of civil or criminal cases it is necessary to hold and confine the jury under supervision of court officers overnight, the court may, in its discretion, require or permit the segregation of such jurors according to age or sex, or both, under such circumstances as the court deems necessary and proper. Code 59-719. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955. STATE HIGHWAY BOARDLEASE CONTRACTS. No. 117 (House Bill No. 205). An Act to amend the Act creating the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), and as further amended by an Act approved February 17, 1953 (Ga. Laws 1953, January-February Session, p. 81), so as to authorize expressly the State Highway Board to execute and perform lease contracts for the use of projects as provided for in the Georgia Rural Roads Authority Act; to provide for a limitation upon the amount of such obligations; to designate certain funds which may be pledged for the payment of such obligations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act entitled An Act to repeal an Act approved March 17, 1943 (Ga. Laws 1943, p. 216-222),

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to create the offices of State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department; to prescribe the duties and powers, compensation and tenure; to provide for the management of county road mileage and the determination thereof; to provide for the distribution of funds to the counties for construction and maintenance of county roads and bridges exclusively; to provide for distribution of Federal-aid primary and Federal-aid secondary highway funds to congressional districts and cities; to provide long-range planning for construction and paving State highway roads and bridges not on the Federal-aid highway system; to prescribe venue and service for suits against said State Highway Department; to prescribe penalties; and for other purposes, approved February 2, 1950 (Ga. Laws 1950, p. 62) as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), and by an Act approved February 17, 1953 (Ga. Laws 1953, January-February session, p. 81), is hereby amended by inserting after the words State Bridge Building Authority in line eleven of Section 12 of said Act as amended the words and the Georgia Rural Roads Authority; and by inserting after the words State Bridge Building Authority Act appearing in lines thirteen and fourteen of Section 12 of said Act as amended the words and the Georgia Rural Roads Authority Act; and by inserting after the words per annum in line sixteen of Section 12 of said Act the words for such lease contracts with State Bridge Authority, and $8,500,000.00 per annum for such contracts with Georgia Rural Roads Authority; so that said Section 12 of said Act, as amended, when so amended shall read as follows: Section 12. Powers to contract debts prohibited; purchasing of materials, equipment and supplies . The State Highway Board in the administration of the State Highway Department is hereby expressly prohibited from making or contracting any debts or entering into any contract, for which it does not have funds on hand to pay at the time of making said debt or entering said contract; except that the State Highway Board in the administration of the State Highway Department is hereby expressly

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authorized to enter into lease contracts with the State Bridge Building Authority and the Georgia Rural Roads Authority, and may obligate the Department to pay lease rentals for the use of projects according to the provisions of the State Bridge Building Authority Act and the Georgia Rural Roads Authority Act provided that the total of such lease rentals contracted to be paid at any time shall never exceed $2,500,000.00 per annum for such lease contracts with State Bridge Building Authority, and $8,500,000.00 per annum for such contracts with Georgia Rural Roads Authority. For the purpose of paying said lease rentals such funds as may be received by the State Highway Department for the cost of maintaining, improving and reconstructing the roads and bridges on the State highway system and the cost incident thereto, may be pledged by the State Highway Board in the administration of the State Highway Department for the payment of such lease rentals. The chairman of the Highway Board shall advertise for competitive bids on all road contracts, bridge contracts, and all other construction contracts, involving funds in the amount of $1,000.00 or more, all of which must be approved by the State Highway Board or a majority thereof in writing and no contract shall be made or let without two or more bids from reliable individuals, firms or corporations, except contracts with political subdivisions or other departments of the State which shall be let at the average bid price of the same kind of work let to contract after advertisement during the period of sixty days prior to the letting of the contract. Contraction of debts; purchases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955.

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EXPLOSIVES. Code Ch. 88-8 Repealed. No. 118 (House Bill No. 194). An Act to repeal Code Chapter 88-8 relating to the control, purchase, sale and use of explosives, as amended by an Act approved March 6, 1941 (Ga. Laws 1941, p. 333); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-8 relating to the control, purchase, sale and use of explosives, as amended by an Act approved March 6, 1941 (Ga. Laws 1941, p. 333), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955. MIDWIVESLICENSING. No. 119 (House Bill No. 55). An Act to define the terms midwife, practice of midwifery, and normal childbirth; to provide minimum qualifications for midwives; to provide for examinations to be given applicants for certificates to practice midwifery; to provide for the issuance, renewal, suspension, and revocation of certificates authorizing the practice of midwifery; to provide a right of appeal from actions denying, suspending, or revoking such certificates; to provide for the making of rules and regulations governing such practice; to provide for the enforcement of this Act and rules and regulations

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made and promulgated hereunder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. (a) The term midwife, as used in this Act, shall mean any person not licensed under the laws of this State to practice obstetrics who is regularly engaged in attending women in childbirth, or who holds herself out as such, whether for a consideration or otherwise. (b) The term practice of midwifery, as used in this Act, shall mean and include any act or practice of attending women in childbirth when carried on by a midwife as defined herein, whether for a consideration or otherwise. Definitions. (c) The term normal childbirth as used in this Act shall mean delivery, at or close to term, of a pregnant woman whose physical examination by a physician reveals no abnormalities, and who does not have signs or symptoms of hemorrhage, toxemia, infection, abnormal position and/or presentation, or prolonged labor. Section 2. On and after January 1, 1956, no person shall practice midwifery without first receiving from the State Board of Health a certificate of authority as hereinafter provided and registering her name, address and occupation with the county board of health and the local registrar of vital statistics in the county and district in which she lives. Certificate of authority. Section 3. Persons desiring to enter into or continue the practice of midwifery shall make written application to the State Board of Health through the county board in the county of their residence. All applicants for permits to practice midwifery shall be of good character, of sound mind, and free of tuberculosis, venereal diseases, and other communicable diseases in the infectious stage, and shall be protected against smallpox. Applications.

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Section 4. In order to become eligible for a certificate of authority to practice midwifery, applicants shall attend classes and satisfactorily complete courses of instruction therein to be prescribed by the State Board of Health, and shall pass an examination covering such courses. Such applicant shall also pass such physical examinations, or, in the alternative, provide such evidence with regard to her personal health as the board may require. Qualifications. Section 5. The State Board of Health, or its duly authorized agent, may issue, or, upon notice and hearing, may refuse to issue, or, having issued, may suspend or revoke certificates of authority to practice midwifery under and in accordance with this Act and with such rules and regulations as may be issued and promulgated hereunder. Certificates issued hereunder shall be renewed annually at such time and in such manner as the board may prescribe. Issuance and revocation of certificates. Section 6. Any order of the State Board of Health, issued under and pursuant to the provisions hereof, suspending or revoling a permit to practice midwifery, shall be subject to review by the superior court of the county in which such midwife lives, by writ of certiorari and an appeal shall lie from a decision on such writ as in other cases. Appeal. Section 7. The State Board of Health shall have the authority and power to make and promulgate such rules and regulations as may appear necessary and proper to carry out the purposes of this Act including, but not limited to, minimum educational and physical requirements for midwives, the practice of midwifery, procedures and techniques to be employed, and ethics to be observed. The several county boards of health shall have the authority and power to make and promulgate such other and further rules and regulations for their own counties not inconsistent herewith, or with rules and regulations made and promulgated hereunder, as they may deem necessary in the public inteest. Rules and regulations. Section 8. That the certificate issued under this Act

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shall not confer upon any person the right to practice medicine, to prescribe or administer drugs, to undertake charge of abnormal cases of confinement, or of any disease in connection with confinement, or to assume any name, title, or designation implying that such person is authorized by law to undertake charge of any such cases, or to practice medicine or to administer drugs. Practice of medicine forbidden. Section 9. That it shall be unlawful for any person holding a certificate as a midwife to attend any except cases of normal childbirth, as defined herein, or to perform any internal examinations or manipulations of any kind. In all cases in which the child is not delivered spontaneously within a reasonable time, the midwife shall notify a qualified physician or other person licensed to practice obstetrics immediately, and shall make no effort to deliver the child except under direction and supervision of such practitioner. Forbidden acts. Section 10. The State and 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. 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 11. It is further provided that the violation of this Act or any rules and regulations made and promulgated hereunder is hereby declared to be a public nuisance per se, and shall be subject to be abated or enjoined in a court of equity as such, without the necessity of alleging and proving that an adequate remedy at law does not exist. Violations. Section 12. That any person who shall violate any of the provisions of the Act or the rules and regulations promulgated hereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.

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Section 13. That any midwife who shall be convicted of producing an abortion shall, in addition to the other penalties provided for by law, forfeit her certificate to practice midwifery. Abortions. Section 14. 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 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955. TURNPIKE AUTHORITY ACT REPEALED. No. 120 (House Bill No. 68). An Act to repeal an Act approved December 9, 1953, creating a Georgia Turnpike Authority, known as House Bill No. 794, November-December session of 1953, which said Act provides for the construction of a toll road within the State of Georgia; to provide the effect of this repealing Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved December 9, 1953, the same being House Bill No. 794, and Act No. 526 enacted at the November-December session 1953 of the General Assembly of Georgia, entitled: 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

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and proceeds of such bonds; providing for the acquisition 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 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 and the same is hereby repealed. Section 2. The repeal of said Act of December 9, 1953, shall not result in the reenactment of the Act of the General Assembly approved February 15, 1952, known as the Georgia Turnpike Authority Act, No. 927, Georgia Laws 1952, but the effect of this Act shall be that both the Act of February 15, 1952, and the Act of December 9, 1953, shall be and they are hereby repealed. Approved February 23, 1955. SOIL CONSERVATION COMMITTEEPOWERS AND DUTIES. No. 121 (House Bill No. 52). An Act to amend the Soil Conservation Law, approved March 26, 1937 (Ga. Laws 1937, p. 377), as amended, so as to provide for additional duties for the State Soil Conservation Committee; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Soil Conservation Law, approved March 26, 1937 (Ga. Laws 1937, p. 377), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 190), and as further amended by an Act approved February 15, 1949 (Ga. Laws 1949, p. 584), is hereby amended by the addition to Paragraph d of Section 4, a new Subparagraph (7) to read: (7) To formulate such rules and regulations and to exercise such powers and perform such duties as necessary to implement the administration of the Federal Watershed Protection and Flood Control Act, approved August 4, 1954., so that Paragraph d of said section will read: d. In addition to the duties and powers hereinafter conferred upon the State Soil Conservation Committee, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs. Powers and duties. (2) To keep the supervisors of each of the several districts organized under the provisions of this Act informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them. (3) To coordinate the programs of the several soil conservation districts organized hereunder so far as this may be done by advice and consultation. (4) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies and counties of this State, in the work of such districts. (5) To disseminate information throughout the State concerning the activities and programs of the soil conservation districts organized hereunder, and to encourage

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the formation of such districts in areas where their organization is desirable. (6) To receive gifts, appropriations, materials, equipment, land and facilities; to manage and operate and disperse same. (7) To formulate such rules and regulations and to exercise such powers and perform such duties as necessary to implement the administration of the Federal Watershed Protection and Flood Control Act, approved August 4, 1954. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955. CORPORATIONSVOTE REQUIRED FOR AMENDMENT. No. 122 (House Bill No. 239). An Act to amend an Act entitled An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Ga. Laws 1935, pp. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes, as amended, so as to provide that whenever a corporation shall have more than one class of stock outstanding that no amendment adversely affecting the rights of the holders of any class of stock shall be adopted without the vote or consent of two-thirds of the holders of that class of stock; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act entitled, An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Ga. Laws 1935, pp. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes, as amended, is hereby amended by adding the word, adversely to Paragraph One of Section 8 of said Act, so that, as amended, Paragraph One of Section 8 shall read: Sec. 8, Act of 1935, amended. Section 8. Every such amendment shall be made and affected in the following manner: At any regular meeting of the stockholders or at any special meeting of the stockholders called for that purpose upon ten (10) days' notice to each stockholder personally or by mail to his last-known address, unless such notice shall have been waived either in writing by such stockholder or by such stockholder being present at the meeting and participating therein, such an amendment may be proposed and a vote of the stockholders entitled to vote taken thereon. Unless the requirements of the existing charter of the corporation are to the contrary, such an amendment may be adopted by the vote of the holders of a two-thirds majority of the capital stock of the corporation entitled to vote thereon; provided, nevertheless, that wherever a corporation shall have more than one class of stock outstanding, unless permitted or authorized by its charter, no amendment adversely affecting the rights of the holders of any class of stock shall be adopted without the vote or consent of a two-thirds majority of the holders of that class of stock and without such consent as may be required under the terms and obligations of the existing charter or of any contract existing between the corporation and the holder or holders of any of its stock. Amendments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955.

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STATE WAREHOUSE ACT AMENDED. No. 123 (House Bill No. 66). An Act to amend an Act approved December 22, 1953, and known as the Georgia State Warehouse Act (Ga. Laws, 1953, Nov.-Dec. Sess., p. 412) so as to repeal the sections of said Act which impose fees upon warehousemen for the issuing of warehouse receipts and for the storing of certain commodities and upon storage capacity of warehouses; to provide that instead of having warehouse receipts printed as provided in said Act, the Commissioner of Agriculture shall approve all warehouse receipts forms to be issued thereunder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved December 22, 1953, and known as the Georgia State Warehouse Act (Ga. Laws, 1953, Nov.-Dec. Sess., p. 412) is hereby amended by repealing in their entirety Subsection (b) entitled Fee for receipts issued. and Subsection (c) entitled Inspection fees. of Section 10 of said Act, and by renumbering Subsection (d) of said Section 10 as Section (b), so that said Section 10 when so amended, shall read as follows: Sec. 10, Act of 1953 amended. Fees. 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 accompained by the license fee. (b) 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.

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Section 2. Said Act is further amended by striking Section 12 in its entirety and in lieu thereof inserting the following: Sec. 12 amended. 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 receipts shall be issued except for agricultural products actually stored in the warehouse at the time of the issuance thereof. The Commissioner shall approve all the warehouse receipts forms to be issued by the warehousemen under this Act. It shall be unlawful for any warehouseman to issue any warehouse receipts for any agricultural product except upon warehouse receipts forms approved by the Commissioner. Receipts. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 23, 1955. RELIGIOUS GROUPSEXEMPTION FROM TAXATION. No. 124 (House Bill No. 48). An Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. Laws 1946, p. 12), as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1183), so as to carry out the provisions of the constitutional amendment authorizing the exemption of property owned by religious groups used only for single family residences and from which no income is derived, such constitutional provisions being found in Ga. Laws 1953, Nov.-Dec. Sess., p. 70; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. Laws 1946, p. 12), as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1183), is hereby amended by adding in Subparagraph (a) of Section 1, after the words places of religious worship or burial, the words and all property owned by religious groups used only for single family residences and from which no income is derived, so that when so amended Subparagraph (a), Section 1, shall read as follows: Sec. 1, Acts of 1946, 1947, amended. (a) All public property; places of religious worship or burial, and all property owned by religious groups used only for single family residences and from which no income is derived; all institutions of purely public charity; hospitals not operated for the purpose of private or corporate profit and income; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, non-profit hospital, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges; non-profit hospitals, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, non-profit hospitals, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to

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shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institutions, this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property; farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production. Exemptions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955. FENCES AND ENCLOSURES. Code 62-40162-406 Repealed. No. 125 (House Bill No. 71). An Act to repeal Section 62-401 of the Code of Georgia of 1933, relating to the description of fences and enclosures; to repeal Section 62-402 of the Code of Georgia of 1933, relating to enclosures by ditches and trenches; to repeal Section 62-403 of the Code of Georgia of 1933, relating to what shall be deemed a lawful fence; to repeal Section 62-404 of the Code of Georgia of 1933, relating to when water courses are deemed fences; to repeal Section 62-405 of the Code of Georgia of 1933, relating to boundary lines being lawful fences; to repeal Section 62-406 of the Code of

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Georgia of 1933, relating to erection of gates on roads; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 62-401 of the Code of Georgia of 1933, relating to the description of fences and enclosures, Section 62-402 of the Code of Georgia of 1933, relating to enclosures by ditches and trenches, Section 62-403 of the Code of Georgia of 1933, relating to what shall be deemed a lawful fence, Section 62-404 of the Code of Georgia of 1933, relating to when water courses are deemed fences, Section 62-405 of the Code of Georgia of 1933, relating to boundary lines being lawful fences, and Section 62-406 of the Code of Georgia of 1933, relating to erection of gates on roads are hereby repealed in their entirety. Code 62-40162-406 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1955. JURORS AND COURT BAILIFFSCOMPENSATION IN CERTAIN COUNTIES. Code 59-120 Amended. No. 131 (House Bill No. 129). An Act to amend Section 59-120 of the Code of Georgia of 1933 as amended by an Act approved January 31st, 1946 (Ga. Laws of 1946, pp. 72-73) relating to the compensation of jurors and bailiffs, so as to permit the grand juries in counties 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 to fix the compensation of jurors and bailiffs at not less than $2.00 per diem and

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not more than $12.00 per diem; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 59-120 of the Code of Georgia of 1933, as amended by an Act approved January 31st, 1946 (Ga. Laws of 1946, pp. 72-73), relating to the compensation of jurors and court bailiffs, be amended by inserting after the first sentence of said section and before the final sentence of said section, a new sentence, to wit: However, in all counties 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 grand juries shall fix the compensation of jurors and court bailiffs at not less than $2.00 per diem and at not more than $12.00 per diem; so that Section 59-120 of the Code as amended will read as follows: Code 59-120 amended. 59-120: Compensation of Jurors and Court Bailiffs. The first grand jury empaneled at the fall term of the superior courts of the several counties shall fix the compensation of jurors and court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $2.00 nor to exceed $6.00 per diem; and the same compensation shall be allowed to bailiffs and jurors of the several city courts and special courts in the counties in which such city or special court may be located. However, in all counties 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 grand juries shall fix the compensation of jurors and court bailiffs at not less than $2.00 per diem and at not more than $12.00 per diem. The pay of tales jurors shall be the same as the regularly drawn traverse jurors. Counties in which applicable. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 24, 1955.

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COMMISSIONER OF LABOREXPENSES. No. 134 (House Bill No. 425). An Act to amend an Act approved March 12, 1953 (Ga. Laws 1953, January-February Session, pp. 613-616) entitled in part An Act to provide a uniform method of fixing, limiting and restricting the salary, allowance and travel expense to be paid elected officials etc., by amending Section 4 of said Act to provide for the payment of certain other necessary expenses of Commissioner of Labor; 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 4 of said Act approved March 12, 1953 (Georgia Laws 1953- January-February Session, pp. 613-616) is hereby amended by striking the period at the end of said section and by inserting a comma in lieu thereof, and by adding immediately thereafter the following to wit: except that the Commissioner of Labor shall in addition thereto be entitled to receive from or out of funds derived from a Federal grant to the State such necessary and actual expenses incurred by him while away from Atlanta in the performance of his duties as administrator of the Employment Security Law either within or without the State of Georgia. so that said Section 4 when so amended, shall read as follows: Sec. 4, Act of 1953, amended. Section 4. The total compensation and allowance authorized under the terms of this Act shall be inclusive of all funds, State and Federal and shall be paid from the funds appropriated to each respective department, headed by each named official and from no other State fund appropriation or Federal grants to the State, except that the Commissioner of Labor shall in addition thereto be entitled to receive from and out of funds derived from a Federal grant to the State such necessary and actual expenses incurred by him while away from Atlanta in the performance of his duties as administrator of the

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Employment Security Law either within or without the State of Georgia. Section 2. This Act shall be effective on the first day immediately following its passage. Section 3. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 28, 1955. CIGAR AND CIGARETTE TAXES. No. 135 (House Bill No. 465). An Act to repeal an Act entitled An Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Ex. Sess., pp. 11-24, inclusive) in its entirety; to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; to require the use of stamps as evidence of payment thereof; to provide against evasions of the tax; to provide for rules and regulations on that subject; to provide for licensing for the various classifications of dealers in these articles; to provide for the fees of issuing said licenses; and for the regulation of their business in aid of the enforcement of the tax; to provide penalties and punishment; to provide for seizure, forfeiture and the sale of contrabrand goods of articles held, owned and possessed in violation of this Act, and for the filing and trial in settlement of claims respecting the same; to provide for monthly report for wholesalers and jobbers; to appropriate the funds derived from the operation of this Act and for other purposes., approved March 30, 1937 (Ga. Laws 1937, pp. 83-109) as amended by an Act approved December 31, 1937 (Ga. Laws 1937-38, Ex. Sess. pp. 126-144), and as amended by an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess. pp. 8-17), so as to impose

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a tax upon the sale, use or other disposition of cigars and cigarettes within this State; to provide definitions for the provision of this Act; to provide manner of payment of the tax; to provide for licensing of distributors and dealers in cigars and cigarettes within this State; to provide for the sale of cigars and cigarettes; to provide for non-resident distributors; to provide for the suspension or revocation of licenses issued under this Chapter; to provide for the bonds of distributors; to provide for stamping of cigars and cigarettes within this State; to provide for the confiscation of contrabrand cigars and cigarettes; to provide for reports of distributors and common carriers of cigars and cigarettes within this State; to provide for records and inspection thereof; to provide that the tax herein imposed is upon the consumer; to provide for violations of the provisions of this Act; to provide for hearings before the Commissioner and appeals from said hearings; to provide for refund of taxes paid hereunder; to provide for offenses and penalties thereof in violation of the provisions of this Act; to provide that the tax herein imposed shall be a lien upon the property and may be collected by the Commissioner or his authorized agent; to provide for the administration of this Act; to provide that the Commissioner may issue various rules and regulations to carry out the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Ex. Sess. pp. 11-24, inclusive) in its entirety; to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; to require the use of stamps as evidence of payment thereof; to provide against evasions of the tax; to provide for rules and regulations on that subject; to provide for licensing for the various classifications of dealers in these articles; to provide for the fees of issuing said licenses; and for

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the regulation of their business in aid of the enforcement of the tax; to provide penalties and punishment; to provide for seizure, forfeiture and the sale of contraband goods and articles held, owned and possessed in violation of this Act, and for the filing and trial in settlement of claims respecting the same; to provide for monthly reports for wholesalers and jobbers; to appropriate the funds derived from the operation of this Act and for other purposes., approved March 30, 1937 (Ga. Laws 1937, pp. 83-109) as amended by an Act approved December 31, 1937 (Ga. L. 1937-38, Ex. Sess., pp. 126-144), and as amended by an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., pp. 8-17), is hereby repealed in its entirety. Acts repealed. Section 2. For the purpose of this Act and unless otherwise required by the context, the word Commissioner shall mean the State Commissioner of Revenue; the word person shall mean any individual, firm, fiduciary, partnership, corporation, trust or association, however formed; the word distributor shall mean (1) any person in this State engaged in the business of manufacturing cigars or cigarettes, (2) any person who imports into this State unstamped cigars or cigarettes for resale to a dealer, (3) any chain store which purchases cigars or cigarettes direct from a manufacturer located outside this State for sale or other disposition, (4) any person who purchases cigars or cigarettes from another distributor for resale to a dealer as defined hereafter, or (5) any person operating vending machines in excess of twenty-five (25) machines; the word dealer shall mean any person, other than a distributor as defined herein, who is engaged in this State in the business of selling cigars or cigarettes; the words vending machine shall mean any coin in the slot device used for the automatic merchandising of cigars or cigarettes; the word cigar shall mean any roll for smoking made wholly or in part of tobacco, the cover of which is also tobacco; the word cigarette shall mean any roll for smoking made wholly or in part of tobacco, the cover of which is paper or any other substance except tobacco; the word sale shall mean any sale, transfer, exchange,

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theft, barter, gift, or offer for sale and distribution, in any manner or by any means whatsoever; the word stamp shall mean any impression, device, stamp, label or print manufactured, printed or made as prescribed by the Commissioner; chain store shall mean and include any two or more stores which are either jointly owned, operated, managed or controlled or any association of two or more stores which buy or distribute cooperatively. Definitions. Section 3. (a). A privilege tax is hereby levied on every person selling cigars and cigarettes or possessing cigars or cigarettes for sale, said tax to be measured by and graduated in accordance with the volume of cigars or cigarettes sold or possessed for sale as follows: Privilege tax. Little cigars: weighing not more than three pounds per thousandone and one-half (1) mills each. Cigars: retailing for three and one-third (.03 1/3) cents each or lessone dollar ($1.00) per thousand; retailing for more than three and one-third (.03 1/3) cents each and not more than five (.05) cents eachtwo dollars ($2.00) per thousand; retailing for more than five (.05) cents each and not exceeding eight (.08) cents eachthree dollars ($3.00) per thousand; retailing for more than eight (.08) cents each and not exceeding ten (.10) cents eachfive dollars ($5.00) per thousand; retailing for more than ten (.10) cents each and not exceeding twenty (.20) cents eachten dollars ($10.00) per thousand; retailing for more than twenty (.20) cents eachthirteen dollars and fifty cents ($13.50) per thousand.

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Cigarettes: having a length of less than three inchesone and one-half (1) mills each; having a length of three inches and less than four inchestwo (2) mills each; weighing four pounds or more, but less than six pounds per thousandthree (3) mills each; weighing more than six pounds per thousandsix (6) mills each. (b) When the retail selling price is referred to in this Act as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this Act are hereby levied with respect to sales of cigars or cigarettes to the State Government or any department, institution, or agency thereof, and to the political subdivisions of this State, and their department, institutions and agencies. (d) The tax imposed by this Act shall not be levied with respect to cigars or cigarettes the sale of which this State is prohibited from taxing under the Constitution or the statutes of the United States. (e) Distributors may add the amount of the tax on cigars and cigarettes to the price thereof, and the distributor may state the amount of the tax separately from the price of such cigars and cigarettes on all price display signs, sales or delivery slips, and bills and statements. The provisions of this section shall in no way affect the method of collection of such tax on cigars and cigarettes as provided by this Act. Section 4. (a) Except as otherwise provided herein, the tax imposed by this Act shall be paid through the use of stamps. The Commissioner shall secure stamps of such design, materials and denominations as he deems appropriate to protect the revenue, and shall sell such

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stamps to licensed distributors at a discount of three (3) to ten (10) percent of their face value such percentages to be based on brackets according to volume of cigarettes handled by such distributor, according to the regulations promulgated by the Commissioner and to licensed dealers at their face value. The Commissioner shall prescribe by regulation the method and manner in which stamps are to be affixed to containers of cigars and cigarettes. No distributor or dealer shall sell or exchange with another distributor or dealer any stamps issued under the authority of this Act. The Commissioner shall redeem at cost price any stamps presented for redemption by a licensed distributor or dealer. Tax stamps. (b) If the Commissioner shall determine that it is practical to imprint an indication of tax payment by meter machine and that the revenue is thereby protected, he may, in lieu of selling stamps, authorize a licensed distributor to use any metering machine approved by him, the Commissioner, such machine to be sealed by the Commissioner and used only in accordance with regulations prescribed by him. Whenever a meter is authorized to be used in lieu of stamps, the licensed distributor shall be allowed a discount of three (3) to ten (10) percent of the amount of tax for which his meter register is set, such percentages to be based on brackets according to volume of cigarettes handled by such distributor. Meter machines. (c) If in the discretion of the Commissioner it is practicable to collect the tax on sample cigarettes otherwise than by means of stamps or meter impressions, he may prescribe any other method which in his opinion adequately protects the revenue. Other methods. (d) The Commissioner may in his discretion permit a licensed distributor to pay for stamps or the amount of tax for which his meter register is set, within thirty (30) days after the date of purchase, provided the distributor shall have first filed with the Commissioner a bond in an amount not less than the sales price of such stamps or meter impressions. In no case shall the total

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amount of credit outstanding at one time exceed the amount of the bond. The bond shall be conditioned to secure payment for such stamps and shall meet the requirements of Section 7 of this Act. Bond to secure credit. Section 5. (a) After the effective date of this Act, no person shall engage in, or conduct the business of manufacturing, purchasing, selling, consigning, dealing in or distributing cigars or cigarettes in this State without having first obtained a license from the Commissioner. (b) All licenses shall be issued by the Commissioner, who shall make rules and regulations respecting applications therefor and issuance thereof. The Commissioner may refrain from the issuance of any license under this Act where he has reasonable cause to believe that the applicant has wilfully withheld information requested of him for the purpose of determining the eligibility of the applicant to receive a license, or where he has reasonable cause to believe that information submitted in the application is false or misleading and is not made in good faith. Licenses. (c) The fee for a distributor's license shall be fifty ($50.00) dollars annually. Each dealer shall have a permanent license issued by the Commissioner free of charge, which shall be subject to suspension or revocation. Each license year shall begin on July 1 and end on June 30. A separate license shall be required for each place of business. (d) The Commissioner shall prescribe the form of application for distributors' and dealers' licenses and shall have powers to make rules and regulations governing the sale of cigars and cigarettes in vending machines, and no vending machine may be used for the sale of cigars and cigarettes unless the Commissioner first approves the type and determines that its use will not jeopardize the revenue. (e) The distributor's or dealer's license shall be exhibited

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in the place of business for which it is issued and in such manner as may be prescribed by the Commissioner. The Commissioner shall require each licensed distributor to file with him a bond in an amount not less than one thousand ($1,000.00) dollars to guarantee the proper performance of his duties and the discharge of his liabilities under this Act. The bond shall run concurrently with the distributor's license but shall remain in full force and effect for a period of one (1) year after the expiration or revocation of the distributor's license unless the Commissioner certifies that all taxes due the State have been paid. Same. (f). The jurisdiction of the Commissioner in the administration of this Act shall extend to every person using or consuming cigars or cigarettes in this State and to every person dealing in cigars or cigarettes in any way for business purposes and maintaining a place of business in this State. For the purpose of this Act the maintenance of an office, store, plant, warehouse, stock of goods or regular sales or promotional activity carried on by salesmen or other representatives shall among other activities constitute the maintenance of a place of business. (g) The Commissioner in his discretion may provide for the licensing of promotional activities, not including the sale of cigars or cigarettes, carried on by manufacturers, in which case the fee shall be the same as that for dealers. (h) No distributor or dealer as defined in this Act shall sell cigars or cigarettes below their cost price. The cost price shall be determined by the Commissioner according to his discretion in accordance with the rules and regulations promulgated by the Commissioner. Sales at less than cost price. (i) Any distributor or dealer licensed under this Act who sells cigars or cigarettes below their cost price, as determined by the Commissioner, shall subject the distributor or dealer to the suspension or revocation of his license after hearing before the Commissioner.

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Section 6. If the Commissioner shall find that the collection of the tax imposed by this Act would be facilitated thereby, he may, in his discretion, authorize any person resident or located outside this State engaged in the business of manufacturing cigars or cigarettes, or any person resident or located outside this State who ships cigars or cigarettes into this State for sale to licensed dealers in this State, to be licensed as a distributor, and, upon complying with the requirements of the Commissioner, to affix, or cause to be affixed, the stamps required by this Act on behalf of the purchasers of such cigars or cigarettes who would otherwise be taxable therefor, and the Commissioner may sell such stamps to such persons, or authorize the use of a metering machine by such person, both as provided in Section 4. The Commissioner shall require a bond of such nonresident person, satisfactory to the Commissioner, in an amount not to exceed ten thousand ($10,000) dollars, conditioned upon the payment of the tax and compliance with such other requirements as the Commissioner may specify. Such nonresident person shall agree to submit his books, accounts and records to examination during reasonable business hours by the Commissioner or his duly authorized agent. Each such nonresident person shall, in writing, appoint an agent who resides in this State for the purpose of service. Service upon said agent shall be sufficient service upon any such nonresident person, and may be made by leaving a duly attested copy of the process with the agent. When legal process against any such nonresident person shall be served upon the agent, he shall notify such nonresident person in the manner specified in Section 68-802. Any person complying with the provisions of this section shall thereupon become a licensed distributor within the meaning of this Act and shall be subject to all provisions of this Act applicable to licensed distributors, except as may otherwise be determined by the Commissioner. Nonresident distributors. Section 7. The Commissioner may suspend or refuse to renew the license or licenses issued to any person under this Act for violation of any of the provisions of this Act or any rule or regulation of the Commissioner

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made pursuant thereto, and, upon notice and opportunity for hearing, the Commissioner may revoke such license or licenses. Any person aggrieved by the suspension of or refusal to renew a license may apply to the Commissioner for a hearing as provided in Section 19, and any person aggrieved by the action of the Commissioner in revoking or refusing to renew his license after hearing may further appeal to the courts as provided in Section 20. No legal proceedings or other action by the Commissioner shall be barred or abated by the suspension, revocation or expiration of any license issued under the provisions of this Act. Revocation and suspension of licenses. Section 8. Any bond required by this Act shall be executed by the distributor as principal and by a corporation, authorized to engage in business as a surety company in the State of Georgia, as surety. Bonds. Section 9. (a) No person shall sell, offer for sale or possess with intent to sell in this State any cigars or cigarettes the containers of which do not bear the tax stamps or meter impressions required by Section 4. Each distributor shall affix, at the location for which his license is issued, in such manner as the Commissioner may specify in regulations issued pursuant to this Act to each individual package of cigarettes sold or distributed by him and to each container of cigars sold by him or from which he sells cigars, stamps of the denomination required by Section 3. Such stamps may be affixed by a distributor at any time before the cigars or cigarettes are transferred out of his possession. It is the intent of the Act that the tax be paid only once, and if the distributor acquires stamped cigars or cigarettes he is not by this section required to affix additional stamps. Each dealer shall within twenty-four (24) hours after coming into possession of any cigars or cigarettes not bearing proper stamps evidencing payment of the tax imposed by this Act, and before selling such cigars or cigarettes, affix at the location for which his license is issued, in such manner as the Commissioner may specify in regulations issued pursuant to this Act, to each individual package of cigarettes and to each container of

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cigars, stamps of the denomination required by Section 3. When stamps to be affixed. (b) Any unstamped cigars or cigarettes in the possession of a dealer shall be presumed to have been held by him for more than twenty-four (24) hours unless proof be shown to the contrary. (c) No distributor or dealer, whether at wholesale or retail, shall accept deliveries of unstamped cigars and cigarettes which are shipped to him from, or acquired by him at, any place within the State. All cigars and cigarettes shall be examined by such distributors or dealers on receipt and they shall immediately return any and all unstamped cigars or cigarettes to the vendor or consignor thereof or to a common carrier for return to such vendor or consignor. Section 10. (a) Except as provided in Section 16 any cigars or cigarettes found at any place in this State without stamps affixed thereto as required by this Act, unless such cigars or cigarettes shall be in the possession of a licensed distributor, or unless they shall be in course of transit from without this State and consigned to a licensed distributor, or in the possession of a transporter complying with Section 22, or unless they shall have been received by a licensed dealer from without the State within twenty-four (24) hours, are declared to be contraband goods and may be seized by the Commissioner, his agents or employees, or by any peace officer of this State when directed by the Commissioner to do so, without a warrant, provided nothing herein shall be construed to require the Commissioner to confiscate unstamped cigars or cigarettes or other property when he shall have reason to believe that the owner thereof is not willfully or intentionally evading the tax imposed by this Act. Any cigars or cigarettes or other property seized under the provisions of this Act may, at his discretion, be offered by the Commissioner for sale at public auction to the highest bidder after advertisement, as provided herein. The Commissioner shall deliver to the State Treasurer the proceeds of any sale made under the provisions of this section. Before delivering any cigars

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or cigarettes so sold to the purchaser, the Commissioner shall require such purchaser to affix to the packages the amount of stamps required by this Act. The seizure and sale of any cigars or cigarettes or other property under the provisions of this Act shall not relieve any person from a fine, imprisonment or other penalty for violation of this Act. Contraband. (b) When any cigars or cigarettes or other property shall have been seized under the provisions of this Act, the Commissioner may, at his discretion, advertise them for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five (5) days before the sale. Any person claiming an interest in such cigars or cigarettes or other property may make written application to the Commissioner for a hearing, stating his interest in the cigars and cigarettes or other property and his reasons why they should not be forfeited. Further proceedings on such application for hearing shall be taken as provided in Section 19. No sale of any cigars or cigarettes or other property seized under the provisions of this Act shall be made while an application for a hearing is pending before the Commissioner, but the pendency of an appeal under the provisions of Section 20 shall not prevent the sale unless the appellant shall post a satisfactory bond, with surety, in an amount double the estimated value of the cigars or cigarettes or other property, conditioned upon the successful termination of the appeal. Forfeiture. Section 11. (a) Every licensed distributor shall file with the Commissioner on or before the tenth of each month, a report in such form as the Commissioner shall prescribe, which report shall disclose the number of cigars or cigarettes on hand on the first and last days of the calendar month immediately preceding the month in which such report is required; together with such information concerning the amount of stamps purchased, used, and on hand during the report period; together with any other information for the report period that the Commissioner shall prescribe. Reports of dealers and distributors.

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(b) Every licensed dealer who receives unstamped cigars or cigarettes shall file with the Commissioner a similar report on or before the tenth day of each month. (c) The Commissioner may require such other reports as he deems necessary for the proper administration of this Act, including reports from common carriers and warehousemen with respect to cigars and cigarettes delivered to or stored at any point in this State. (d) Any person who shall fail to file any report on the day when it shall be due, shall forfeit as a penalty, for each day thereafter until the report is filed, the sum of one ($1.00) dollar to be collected in the manner provided in Section 23 (c) of this Act for the collection of penalties. The Commissioner, if satisfied that the failure to comply with any provision of this section was excusable, may remit the whole or any part of said penalty. Penalty. Section 12. (a) Each distributor and each dealer shall keep complete and accurate records of all cigars and cigarettes manufactured, produced, purchased and sold. Such records shall be of such kind and in such form as the Commissioner may prescribe and shall be safely preserved for three years in such manner as to insure permanency and accessibility for inspection by the Commissioner and his authorized agents. The Commissioner and his authorized agents may examine the books, papers and records of any distributor or dealer in this State, for the purpose of determining whether the tax imposed by this Act has been fully paid, and may investigate and examine the stock of cigars or cigarettes in or upon any premises including public and private warehouses where such cigars or cigarettes are possessed, stored or sold, for the purpose of determining whether the provisions of this Act are properly observed. Records of distributors and dealers. (b) The Commissioner and his authorized agents may examine the books, papers and records of any transportation company and any carrier, common, contract or private, and any warehouse, public or private, for the

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purpose of determining whether the provisions of this Act are properly observed. Section 13. (a) If after an examination of the invoices, books and records of licensed distributor or dealer or from any other information obtained by him or his authorized agents the Commissioner determines that the report of any licensed distributor or licensed dealer is incorrect, and that the licensed distributor or dealer has not purchased sufficient stamps to cover his receipts and sales or other disposition of unstamped cigars and cigarettes, he shall thereupon assess the deficiency in tax together with a penalty of ten (10) percent of the deficiency. In any case where a licensed distributor or dealer cannot produce evidence of sufficient stamp purchases cover the receipt of unstamped cigars or cigarettes, it shall be presumed that such cigars and cigarettes were sold without having the proper stamps affixed. Deficiencies. (b) If the Commissioner determines that the deficiency or any part thereof is due to a fraudulent intent to evade the tax, there shall be added as a penalty fifty (50) percent of the deficiency. Section 14. There is hereby imposed on every person for the privilege of using, consuming, or storing in this State cigars and cigarettes on which the tax imposed by Section 3 has not been paid, a tax measured by and graduated in accordance with the volume of cigars or cigarettes used, consumed or stored as set forth in Section 3. This section shall not apply to cigars or cigarettes in the hands of a licensed distributor or dealer or in the possession of a carrier complying with the provisions of Section 22 or stored in a public warehouse, nor shall it apply to cigarettes in an amount not exceeding five (5) packages or cigars in an amount not exceeding ten (10) cigars which have been brought into the State on the person. Section 15. Every person who acquires cigars or cigarettes subject to the tax imposed by this section shall

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register with the Commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in such form as the Commissioner shall prescribe. The report prescribed by the Commissioner shall be made on or before the tenth day of the month following the month in which the cigars or cigarettes were acquired and shall be accompanied by the amount of tax due. Registration of taxpayers. Section 16. Cigars and cigarettes subject to the tax imposed by Section 14 and with respect to which the tax has not been paid are declared to be contraband and may be confiscated and dealt with as provided in Section 10, except that cigars and cigarettes in the possession of a registered taxpayer as defined in Section 15 shall not be deemed contraband and subject to confiscation unless the time for making the report required by Section 15 has expired. Contraband. Section 17. In case any person subject to the tax imposed by Section 14 fails to make such a report, or makes an incorrect report, the Commissioner, from the best information available to him, shall assess the correct amount of tax due from such person. A copy of such assessment shall be furnished such person by registered mail, return receipt requested, or by personal service. Any person aggrieved by any such assessment may request a hearing in the manner provided in Section 19. Assessments on unreported goods. Section 18. (a) Every person subject to the tax imposed by Section 14 who fails to register with the Commissioner as a responsible taxpayer, or who fails to make a report within the time specified herein, or who fails to remit the tax within the time specified herein, may be required to pay a penalty of not less than twenty-five ($25.00) dollars nor more than two hundred fifty ($250.00) dollars in addition to the tax and any other penalties imposed by this Act found due by the Commissioner. The Commissioner may proceed to collect the tax and penalty in the manner provided in Section 23 (c). Penalties. (b) Except as otherwise provided in this section, the

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sanctions and penalties set forth in Sections 19 through 27, inclusive, of this Act shall be imposed where applicable for any violations of this Act by consumers. Section 19. Any person aggrieved by any action of the Commissioner or his authorized agent may apply to the Commissioner, in writing, within ten (10) days after the notice of such action is delivered or mailed to him, for a hearing, setting forth the reasons why such hearing should be granted and the manner of relief sought. The Commissioner shall notify the applicant of the time and place fixed for such hearing. After such hearing, the Commissioner may make such order in the premises as may appear to him just and lawful and shall furnish a copy of such order to the applicant. The Commissioner may, by notice in writing, at any time, order a hearing on his own initiative and require the taxpayer or any other person whom he believes to be in possession of information concerning any manufacture, importation, use, consumption, storage or sale of cigars or cigarettes which have escaped taxation to appear before him or his duly authorized agent with any specific books of account, papers or other documents, for examination relative thereto under oath. Hearings. Section 20. Any person aggrieved because of any action or decision of the Commissioner after hearing may appeal therefrom to the superior court of the county of the appellant, which appeal shall be returnable at the same time and served and returned in the same manner, as is required in case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond or recognizance to the State of Georgia, with surety to prosecute the appeal to effect and to comply with the orders and decrees of the court in the premises. The action of the Commissioner shall be sustained unless the court find that he misinterpreted the provisions of this Act or that there is no evidence to support his action, in which case said court may grant such relief as may be equitable. Upon all such appeals which may be denied, costs may be taxed against the appellant at

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the discretion of the court, but no costs shall be taxed against the State. Appeal. Section 21. (a) There is hereby appropriated from current tax collections under this Act such amounts as are necessary to pay any refunds of cigar or cigarette taxes found by the Commissioner or the courts to be due to any taxpayer. The State Treasurer is hereby authorized to pay such claims on the order of the Commissioner. Refunds. (b) The Commissioner shall, upon proof satisfactory to him, and in accordance with regulations promulgated by him refund the cost price of stamps affixed to any package of cigars or cigarettes which have become unfit for use or consumption or unsalable and which have been destroyed or shipped out of the State. Section 22. Every person who shall transport cigars or cigarettes not stamped as required by this Act upon the public highways, roads and streets of this State shall have in his actual possession invoices or delivery tickets for such cigars and cigarettes, which shall show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars or cigarettes transported, and the name and address of the person who has or shall assume the payment of the State tax at the point of ultimate destination. In the absence of such invoices or delivery tickets the cigars or cigarettes so transported and the vehicle in which the cigars or cigarettes are being transported shall be confiscated and disposed of as provided in Section 10 and the transporter may be liable to a penalty of not more than twenty-five ($25.00) dollars for each individual carton of cigarettes and fifty ($50.00) dollars for each individual box of cigars so transported by him, which penalty shall be sued for and recovered as provided in Section 23 (c). This section shall apply only to the transportation of more than two hundred (200) cigarettes or more than twenty (20) cigars. Confiscation for illegal transportation. Penalties. Section 23. (a) Any person who possesses unstamped cigars or cigarettes in violation of the provisions of this Act shall be liable to a penalty of not more than twenty-five

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($25.00) dollars for each individual carton of unstamped cigarettes and fifty ($50.00) dollars for each individual box of unstamped cigars in his possession. (b) Any person who shall engage in any business or activity for which a license is required under the provisions of this Act, without first having obtained a license to do so, or who, having had such a license, shall continue to engage in or conduct such business after such license shall have been revoked, or during a suspension thereof, shall be liable to a penalty of not more than two hundred and fifty ($250.00) dollars. Each day that such business is so engaged in or conducted shall be deemed a separate offense. Violations. (c) Proceedings to enforce and collect the penalties provided by this Act shall be brought by and in the name of the Commissioner and every superior court with respect to offenses committed within the territorial jurisdiction of the court shall have jurisdiction to enforce and collect the penalty. All penalties recovered for violations of this Act shall be paid to the Commissioner and by him accounted for and paid to the State Treasurer in the same manner as the taxes imposed by this Act. The costs recoverable in any such proceeding shall be recovered by the Commissioner in the event of judgment in his favor. If the judgment be for the defendant it shall be without costs against the Commissioner. All expenses incident to the recovery of any penalty pursuant to the provisions of this section shall be paid for as any other expense incident to the administration of this Act. (d) Any person who sells cigars or cigarettes without the stamp or stamps required by this Act being affixed thereto shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand ($1,000.00) dollars, or imprisoned for not more than one (1) year, or both, at the discretion of the court. Possession of two thousand (2,000) or more unstamped cigarettes, or one hundred (100) or more unstamped cigars by any person other than a licensed distributor

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tributor shall be prima facie evidence that the possessor thereof has engaged in the sale of cigars or cigarettes without the stamp or stamps required by this Act having been affixed thereto and such person shall be subject to the punishment provided by this section. (e) Any person who shall willfully fail or refuse to file any report or statement required to be filed pursuant to the provisions of this Act or by the rules and regulations made pursuant thereto, or shall file, or cause to be filed, with the Commissioner, any false or fraudulent report or statement, or shall aid or abet another in the filing, with the Commissioner, of any false or fraudulent report or statement, with the intent to defraud the State or evade the payment of any tax, penalty, or interest, or any part thereof, which shall be due pursuant to the provisions of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand ($1,000.00) dollars, or imprisoned not more than one (1) year, or both, at the discretion of the court. Same. (f) Any person who makes a false entry upon any invoices or any record relating to the purchase, possession or sale of cigarettes, or who, with intent to avoid any tax imposed by this Act, presents any such false entry for the inspection of the Commissioner or his authorized agents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine of not more than two hundred and fifty ($250.00) dollars for each separate offense. (g) Any person who shall fraudulently make or utter or shall forge or counterfeit any stamp prescribed by the Commissioner under the provisions of this Act, or who shall cause or procure the same to be done, or who shall willfully utter, publish, pass or render as true, any false, altered, forged or counterfeited stamp, or who shall knowingly possess any such false, altered, forged or counterfeited stamp, or who shall use more than once any stamp provided for and required by this Act, for the purpose of evading the tax hereby imposed, or who shall

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tamper with or cause to be tampered with any metering machine authorized to be used under the provisions of this Act, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one (1) year nor more than (10) years. (h) Any person who shall knowingly swear to or affirm any false or fraudulent statement with intent to evade the payment of any tax imposed by this Act, or who, being under oath, shall testify falsely at any hearing held pursuant to the provisions of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand ($1,000.00) dollars or imprisoned not more than one (1) year, or both, at the discretion of the court. Same. (i) The failure to do any act required to be done by, or under, the provisions of this Act shall be deemed an act committed in part at the office of the Commissioner in Atlanta. The certificate of the Commissioner to the effect that any act required to be done by, or under the provision of, this Act has not been done, shall be prima facie evidence that such act has not been done. (j) The superior court shall have jurisdiction of offenses against this Act which are punishable by fine or imprisonment or both. Section 24. The amount of any unpaid tax shall be a lien against the property of the taxpayer. The Commissioner or his authorized agents are authorized to seize the property of a delinquent taxpayer and sell it as provided by law to satisfy the claim for taxes due under this Act or the Commissioner may record his lien specifying and describing the property against which the lien is effective and such lien shall be good as against any other person until the claim for taxes is satisfied. Interest at the rate of six (6%) percent per annum shall accrue on delinquent taxes and any penalties imposed under the procedure set forth in Section 23 (c) which remain unpaid. Lien of unpaid taxes.

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Section 25. The administration of this Act is vested in the Commissioner of Revenue. All forms necessary and proper for the enforcement of this Act shall be prescribed and furnished by the Commissioner. The Commissioner may prescribe regulations and rulings, not inconsistent with law, to carry into effect the provisions of this Act, which regulations and rulings, when reasonably designed to carry out the intent and purpose of this Act, shall be prima facie evidence of its proper interpretation. The Commissioner shall, at least annually, and oftener in his discretion, publish for distribution all regulations prescribed hereunder and such rulings as appear to him to be of general interest. Rules and regulations. Section 26. All revenues collected under the provisions of this Act shall be paid into the State Treasury. Section 27. The provisions of this Act shall be severable and if for any reason any section or any provision hereof shall be determined to be unconstitutional or invalid, the same shall not be held to affect any other section or provision thereof. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1955. INTANGIBLE PROPERTY TAX ACT AMENDED. No. 136 (House Bill No. 146). An Act to amend the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Session, pp. 379-390), so as to require the intangible tax on long term notes secured by real estate, imposed by Section 4, Part I of the Act, to be paid to the tax collector or tax commissioner or his deputy prior to the presentation of the security instrument for recordation with the clerk of the court rather

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than the clerk of the court collecting the tax as now provided by the Act; to provide for a certificate showing the payment of the tax; to provide for fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Intangible Property Tax Act of 1953, approved December 22, 1953, (Ga. Laws, 1953, Nov.-Dec. Session, pp. 379-390) is hereby amended by striking from said Act all of Section 4, Part I, of that Act and substituting therefor the following section, so that Section 4 shall read: Sec. 4, Pt. I, amended. 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 security 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, prior to presenting such instrument to the clerk of the court for recording, present such security instrument to the tax collector or tax commissioner or his deputy of the county in which the real estate is situated who shall determine from the face of the security instrument the date of execution, the maturity date of the note and the principal amount thereof, and shall collect from the holder of such long term note a tax measured by the amount of the debt as evidenced in the security instrument 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, that the maximum amount of any such intangible property tax payable with respect to any single note when the security instrument is so recorded shall be ten thousand ($10,000.00) dollars tax. Record of long term notes secured by real estate. Tax. Section 2. Said Act is further amended by striking Section 5, Part I, and in lieu thereof inserting the following, so that Section 5 shall read: Sec. 5 amended.

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Section 5 . Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner or his deputy shall enter upon or attach to such security instrument a certification of the fact that the intangible tax as provided by Section 4, Part I of this Act has been paid, the date and the amount thereof, and shall be signed by the tax collector or tax commissioner or his deputy. The holder of such a long term note upon which the tax has been paid as provided by this Act may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who shall then be permitted to file the security instrument for record. It is the intention of the General Assembly of Georgia that this intangible tax herein levied imposed by Section 4, Part I of this Act shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real estate instrument securing said note with the clerk of the court, and that the clerk of the court shall not be permitted to file for record such an instrument unless the security instrument discloses on its face the principal amount of the note, the date executed and the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon such note. The filing for record with the clerk of the court of a real estate instrument securing a long term note, without payment of the intangible tax imposed by Section 4, Part I of this Act in the manner prescribed by this Act, shall not constitute legal notice to anyone. The certificate entered upon or attached to the security instrument shall be recorded with the security instrument and shall be in such form as the State Revenue Commissioner may require, but in any event shall bear the signature of the tax collector or tax commissioner or his deputy. Payment and record. Section 3. Said Act is further amended by striking Section 8, Part I, and in lieu thereof inserting the following section, so that Section 8 shall read: Sec. 8 amended. Section 8 . Each tax collector or tax commissioner

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in this State shall make a report to the State Revenue Commissioner, on forms prescribed by him, on the first day of each month, of all sums collected under this Act for the preceding month, showing the principal amount of the note, the date of execution, and the maturity date of the note as disclosed from the face of the security instrument to be recorded, and the tax collector or tax commissioner shall retain six (6%) percent of the tax collected as compensation for his services in collecting this tax. All such taxes shall be deemed to have been collected by the tax collector or tax commissioner in his official capacity, and failure to collect and distribute as provided by law shall constitute a breach of official duty, and of the official bond of such tax collector or tax commissioner. In each county in which the tax collector or tax commissioner is on a salary, the six (6%) percent allowed by this section as compensation shall be paid into the county treasury and become county property. The long term notes secured by real estate upon which this tax is imposed shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the six (6%) percent commission permitted under this Act for collection of this tax by the tax collector or tax commissioner and distribution thereof shall be the only compensation permitted to any county official with respect to this tax; provided, however, that in counties having a population of more than 300,000 according to the last or any subsequent United States census, the commission allowed under this Act as compensation to the tax collector or tax commissioner shall be four (4%) percent. Reports of tax collected. Commissions. Section 4. Said Act is further amended by striking from the first sentence of Section 9, Part I, the word clerk and in lieu thereof inserting the words tax collector or tax commissioner, and adding an additional sentence to follow said first sentence so that Section 9 shall read: Sec. 9 amended. Section 9 . If any instrument required to be recorded hereunder shall convey, or encumber, or create a lien

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upon real estate situated in more than one county, the tax herein required shall be paid to the tax collector or tax commissioner of the county in which such instrument is first recorded. When there has been entered on such security instrument the certificate of the tax collector or tax commissioner or his deputy that the tax imposed by Section 4, Part I of this Act has been paid, the instrument upon which such certificate is attached may thereafter be recorded in any other county of this State without payment of any further tax. Where land in more than one county or partly without State. 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 nonresident 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. Section 5. Said Act is further amended by striking Section 15, Part I, and in lieu thereof inserting the following section, so that Section 15 shall read: Sec. 15 amended. 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, where it is made to affirmatively appear that the tax as provided by this Act has been paid on the original security instrument heretofore recorded. Extensions, transfers, etc. Section 6. Said Act is further amended by adding an additional section to follow Section 18, Part I of this Act, said new section to be appropriately numbered, to read as follows: Section added.

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In order to insure that the holders of long term notes shall not be unduly delayed in filing the real estate instrument securing said notes with the clerk of the court, it is further provided that: In the event the tax collector or tax commissioner required to collect the tax imposed by Section 4, Part I of this Act is temporarily absent from his office for reasons of health, vacation or otherwise, he shall designate the clerk of the court or other qualified person as deputy who shall be on duty to collect this tax in his absence. In the event of death of the tax collector or tax commissioner, the county commissioners or other appropriate governing authority shall immediately designate the clerk of the court or other qualified person to collect this tax until a new tax collector or tax commissioner shall qualify for the position as required by law. Avoidance of delay in filing. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1955. INTANGIBLE PROPERTY TAX ACT AMENDED. No. 137 (House Bill No. 517). An Act to amend the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 384) so as to include a provision in Section 6 of Part I that in lieu of specifying the dates upon which such note or notes fall due, a statement may be made in the security instrument that all such note or notes fall due within three years from the date thereof or from the date of any such instrument executed to secure the same. Be it enacted by the General Assembly of Georgia: Section 1. That the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. Laws 1953,

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Nov.-Dec. Session, p. 384) is hereby amended by changing the period at the end of the first sentence of Section 6 of Part I of said Act to a comma and adding a proviso to the first sentence as follows: provided that where all such note or notes fall due within three years from the date of any such instrument executed to secure the same, a statement of that fact in lieu of specifying the dates upon which such note or notes fall due may be made in the security instrument and this shall constitute sufficient compliance with this requirement. So that said Section 6 of Part I of said Act, when so amended, shall read as follows: Sec. 6, Pt. I, amended. 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, provided that where all such note or notes fall due within three years from the date thereof or from the date of any such instrument executed to secure the same, a statement of that fact in lieu of specifying the dates upon which such note or notes fall due may be made in the security instrument and shall constitute sufficient compliance with this requirement. 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon its passage and approval by the Governor. Approved March 1, 1955.

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WILDLIFE EXPERIMENT STATIONSALE OF LAND. No. 25 (House Resolution No. 120-392d). A Resolution. Proposing the conveyance by the Governor of part of the Georgia Wildlife Experiment Station, situated in Dougherty and Terrell Counties. Whereas, the State of Georgia is the owner of a tract of land situate in Dougherty and Terrell Counties, comprising three thousand two hundred forty-two (3,242) acres, more or less, (not excluding the exceptions hereinafter referred to) and presently under the control and supervision of the State Game and Fish Commission, and known as the Georgia Wildlife Experiment Farm; and Whereas, the Game and Fish Commission has declared part of said property, hereafter described, to be surplus property; and Whereas, said property has been appraised at a value of one hundred sixteen thousand one hundred seventy ($116,170.00) dollars; and Whereas, said property cannot be beneficially or advantageously used by the State under all the circumstances, and it would therefore be to the best interests of the State, both financially and otherwise, to dispose of said property; and Whereas, said property is described in three tracts as follows: Tract No. 1. All that certain tract or parcel of land containing five hundred ninety-three and thirty-nine hundredths (593.39) acres, located in the Third Land District of

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Terrell County, Georgia, consisting of forty-four and twenty hundredths (44.20) acres off the east side of Land Lot No. 280; the whole of Land Lot No. 281, containing one hundred twenty-five and eighty-two hundredths (125.82) acres; the whole of Land Lot No. 282, containing one hundred twenty-seven and twenty-two hundredths (127.22) acres; the whole of Land Lot No. 264, containing two hundred eighteen (218) acres; and seventy-eight and fifteen hundredths (78.15) acres off the east side of Land Lot No. 265, as recorded in Deed Book II, page 298, on January 5, 1943. Tract No. 2. All that tract or parcel of land, situated, lying and being in the Second (2nd) District of Dougherty County, Georgia, and being all of Land Lots Numbers 67 and 68 containing two hundred fifty (250) acres each, more or less; also eighty-three and one-third (83 1/3) acres lying in the shape of a rectangle across the north side of Land Lots Numbers 93 and 94, bounded north, east and west by the land lot lines, the north and south boundary lines being four hundred (400) rods each in length, said entire tract containing in the aggregate five hundred eighty-three and one-third (583 1/3) acres, more or less, as recorded in Book 83, Folio 150, on September 12, 1939, excluding and excepting, however, all of Land Lot 68 in the Second District of Dougherty County, Georgia, above referred to, and also excluding that part of Land Lot 67 hereinafter referred to at the end of the description of Tract No. 3. Tract No. 3. All that tract or parcel of land situated, lying and being in the Second (2nd) District of Dougherty County, Georgia, and being all of Land Lots Number Fourteen (14), Fifteen (15), Sixteen (16), Twenty-five (25), Twenty-six (26), Twenty-seven (27), Fifty-four (54), Fifty-five (55) and Fifty-six (56), each containing two hundred and fifty (250) acres, more

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or less. Said entire tract lying in one body and containing twenty-two hundred and fifty (2250) acres, more or less, as recorded in Book, Folio, excluding and excepting, however, five acres in a square lying and being in the southeast corner of Land Lot 54 and the northeast corner of Land Lot 67 in the Second District of Dougherty County, Georgia, and more particularly described as follows: Beginning at a point on the west margin of Tallassee Road, said point being fifteen (15) feet south of the north lot line of Land Lot 67 in the Second District of Dougherty County, Georgia and thirty (30) feet west of the center line of Tallassee Road. Thence running northerly along the west margin of Tallassee Road a distance of four hundred sixty-six and sixty-six hundredths (466.66) feet; thence running westerly at an angle of 90 degrees a distance of four hundred sixty-six and sixty-six hundredths (466.66) feet; thence running southerly at an angle of 90 degrees (parallel to Tallassee Road) a distance of four hundred sixty-six and sixty-six hundredths (466.66) feet; thence easterly at an angle of 90 degrees four hundred sixty-six and sixty-six (466.66) feet to the point of beginning. Said three tracts being that property conveyed in fee simple by B. Earle Yancey to the State of Georgia on the 15th day of October, 1948, and being duly recorded by the Clerk of the Superior Court of Terrell and Dougherty Counties. Now therefore be it resolved by the House of Representatives, the Senate concurring, that the Governor be directed for and on behalf of the State of Georgia to consummate sale of the above described property, with the stated exceptions, and execute fee simple title therefor, in the following manner: Sale authorized. (a) The Governor shall provide for the advertising of said property in the official organs of both Dougherty and Terrell Counties, once a week for two weeks,

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the last advertisement to be at least twenty (20) days prior to the date of sale. (b) The Governor or his duly authorized or designated agent shall sell said property at public outcry, within three (3) months of the approval of this resolution, said sale to be held at the site of the Game and Fish office located on said property in Dougherty County, Georgia. (c) Said property shall be sold to the highest and best bidder for cash, but in no case shall same be sold for less than the appraised value, as hereinbefore referred to, and the Governor shall have the unqualified right to reject any and all bids for any reason satisfactory to him. Approved March 1, 1955. DEPARTMENT OF PUBLIC SAFETYUNIFORM DIVISION. No. 138 (House Bill No. 404). An Act to amend that Act of the General Assembly entitled Public Safety Department approved March 19, 1937 (Ga. Laws 1937, pp. 322-355) as amended by an Act approved March 17, 1939 (Ga. Laws 1939, pp. 135-144) as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 279) as amended by an Act approved February 3, 1943 (Ga. Laws 1943, pp. 196-202) as amended by an Act approved January 30, 1945, (Ga. Laws 1945, pp. 117-120) as amended by an Act approved February 2, 1949 (Ga. Laws 1949, pp. 70-78) as amended by an Act approved February 21, 1951 (Ga. Laws 1951, pp. 635-637) as amended by an Act approved February 13, 1952 (Ga. Laws 1952, pp. 129-132) to amend Section 2 of Article 2 as amended by striking the words Drivers License Bureau Supervisor with the rank and pay of lieutenant

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and substituting therefor the words Drivers License Bureau Supervisor with rank and pay of captain; by striking the words Accident Reporting Division Supervisor with the rank and pay of lieutenant and substituting therefor the words Accident Reporting Division Supervisor with rank and pay of captain; by striking the words Safety Education Supervisor with the rank and pay of lieutenant and substituting therefor the words Safety Education Supervisor with rank and pay of captain; by adding a new sentence to said section providing for Personnel Officer with rank and pay of captain; by adding a new sentence to said section providing for Chief Radio Engineer and Supervisor of Radio Division with rank and pay of captain; by adding the words commissioned and and troopers in the last sentence of the paragraph specifying the complement of the Headquarters Staff; by striking the word male appearing in the last sentence of the paragraph specifying the complement of the Headquarters Staff; by adding a new sentence to the paragraph specifying the complement of the Headquarters Staff reading The personnel of the Headquarters Staff, except the Commanding Officer and Treasurer, shall not be included in the complement of the battalion hereinafter shown; by striking the words 2 majors and 7 captains appearing in the section setting forth the complement of the battalion and substituting in lieu thereof the words 1 major and 5 captains; by striking said Section 2 of Article 2 of said Act as amended in its entirety and substituting a new section therefor accordingly; to repeal all laws or parts of laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that: Act No. 220 relating to the Public Safety Department, the same having been approved March 19, 1937 (Ga. Laws 1937, pp. 322-355) and all Acts amendatory thereto be and the same are hereby amended as follows:

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Section 1. Section 2 of Article 2 as amended is hereby stricken in its entirety and a new section substituted in lieu thereof reading as follows: The Uniform Division of the Department of Public Safety shall consist of: (1) The Headquarters Staff. (2) One Battalion. (3) Recruits. The Headquarters Staff shall be composed of Director; Deputy Director; Commanding Officer with rank and pay of major; Director Georgia Bureau of Investigation with rank and pay of major; Treasurer with rank and pay of captain; Suspension and Revocation Supervisor and Supervisor of Safety Responsibility with rank and pay of captain; Drivers License Bureau Supervisor with rank and pay of captain; Accident Reporting Division Supervisor with rank and pay of captain; Safety Education Supervisor with rank and pay of captain; Personnel Officer with rank and pay of captain; Chief Radio Engineer and Supervisor of Radio Division with rank and pay of captain; and such commissioned and non-commissioned officers and troopers and clerical force as the Director deems necessary for use at headquarters. The personnel of the Headquarters Staff except the Commanding Officer and Treasurer, shall not be included in the complement of the battalion hereinafter shown. Uniform Division. The salaries of the headquarters staff shall be on the same scale, and payable at such times as those of similar rank herein named. The clerical duties at headquarters shall be performed by such headquarters staff, with the right in the Director of Public Safety to transfer any member of such headquarters staff to any other division or district for other duty he may see fit. The Director of Public Safety shall appoint one of

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the officers of the headquarters staff to act as Treasurer and Disbursing Officer for the Department of Public Safety, and such officer shall give a good and sufficient bond in the amount of $10,000 conditioned for the faithful discharge of his duties, and for the faithful accounting of all funds coming into his hands, payable to the Governor of Georgia and his successors in office and to be approved by the Director of Public Safety. In the event a surety bond is given by any member or employee of the Department of Public Safety, the premium thereon shall be paid out of funds of the Department. One battalion of not more than 350 officers and men, in the discretion of the Director of Public Safety with the approval of the Department of Public Safety, which battalion as instituted, shall be composed of the following personnel, including the Commanding Officer and Treasurer herein named; said battalion to include not more than the following number of officers and non-commissioned officers with salaries as herein stated, payable monthly; 1 major at $3,600.00 per year, each 5 captains at $3,000.00 per year, each 8 1st Lieutenants at $2,600.00 per year, each 2 sergeant majors at $2,500.00 per year, each 35 sergeants at $2,400.00 per year, each 35 corporals at $2,100.00 per year, each All troopers at $1,800.00 per year, each Said salaries to be increased by the Director of Public Safety, with the approval of the Board of Public Safety, not more than five percent (5%) annually, for the first five years of enlistment; said five percent (5%) to be figured on base pay as set forth in this Act, provided, however, the said salaries shall be maintained within the appropriation made by law. The provisions

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of this section granting an increase in salary of $25.00 per month, shall also apply to the members of the Georgia Bureau of Investigation. In addition to the above officers, noncommissioned officers, and troopers, the Director of Public Safety, with the approval of the Department of Public Safety, is authorized to make such promotions as may be necessary, from time to time, to provide a sufficient number of non-commissioned officers for the State Patrol. No person in the employ of the Department of Public Safety shall take any part in the management, affairs, or political campaign of any candidate for public office, except he shall have a right as a citizen to express his opinion and to cast his vote. No person in the employ of the Department of Public Safety, shall, either directly or indirectly, contribute any money or other thing of value to any person, organization or committee for political campaign or election in county or State primaries or general elections. Any employee of the Department of Public Safety convicted of violation of this section shall terminate his connection with the Department. The Director of Public Safety is authorized to employ the number of recruits as may be necessary, who shall not be members of the Uniform Division, and the Director shall prescribe the rules and regulations governing the training and enlistment of such recruits, subject to the approval of the Board of Public Safety. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 1, 1955.

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MOTOR BUS LICENSE FEES. Code 92-2902 Amended. No. 139 (House Bill No. 240). An Act to ratify, approve and confirm the executive order of the Governor dated August 10, 1954, suspending the collection of all annual license fees for the operation of each motor bus used as a carrier for hire, levied under Code Section 92-2902, in excess of $700; to amend said section to conform to maximum fee limitations of said order; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The executive order of the Governor, dated August 10, 1954, which is as follows: Whereas, under the provisions of the Acts of the General Assembly of 1937-1938, Extra Session, pages 259-272, as codified in Section 92-2902, Subsection (9) of the Supplement to the 1933 Code of Georgia, the following annual license fees for the operation of each motor bus used as a carrier for hire are fixed as follows: `(a) Weighing 10,000 pounds or less, $1.25 per one hundred pounds factory weight, or fractional part thereof. `(b) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2 for each one hundred pounds, or fractional part thereof. Execution order of August 10, 1945 confirmed. `(c) Weighing more than 15,000 pounds and not more than 20,000 pounds, factory weight, $2.50 for each one hundred pounds, or fractional part thereof. `(d) Weighing more than 20,000 pounds, and not more than 25,000 pounds, factory weight, $3 for each one hundred pounds or fractional part thereof.

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`(e) Weighing more than 25,000 pounds, $5 per hundred pounds, factory weight, or fractional part thereof.' and Whereas, said license fees levied under the provisions of said law for buses weighing in excess of 18,000 pounds are in excess of the fees levied by neighboring States; and Whereas, it is the policy of the State of Georgia to levy taxes commensurate with taxes levied in neighboring States, so far as practicable, in order that business carried on in the State of Georgia will not be placed at a disadvantage; and Whereas, I consider the taxes levied under said section to be excessive and contrary to the best interest of the State of Georgia, it is Ordered: That the annual license fee levied on motor buses under the preceding section quoted in this order in excess of $700 on any one vehicle be and the same are hereby suspended. The effect of this order is to limit the annual license fees of motor buses used as a common carrier for hire and operated in this State to a maximum of $700. The fees for the operation of buses which accrue under this section up to $700 remain unchanged and are not suspended by this order. Provided further that the license fees on buses registered between August 1 and November 1 shall be in proportion to the annual license fees as is provided in Code Section 92-2908. That this order of suspension is effective this date and remains in effect until the next meeting of the General Assembly of Georgia. That this order is passed under and by virtue of the authority vested in me as Governor of the State of Georgia under the provisions of Code Section 40-205, which section is as follows: `The Governor may suspend collection of taxes, or

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any part thereof, due the State until the meeting of the next General Assembly, but no longer; nor shall he otherwise interfere with the collection thereof.' Given under my hand and sel of the Executive Department, this the 10th day of August, 1954. /s/ HERMAN E. TALMADGE Governor of Georgia /s/ JAMES L. BENTLEY Executive Secretary is hereby ratified, approved and confirmed, and said Section 92-2902, Subsection (9) is hereby amended to conform to the maximum fee limitation provisions contained in said executive order, effective as of the date of said executive order. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1995. MUNICIPAL ZONING AND PLANNING ORDINANCES. No. 140 (House Bill No. 336). An Act to amend an Act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations...and for other purposes, approved January 31, 1946 (Ga. Laws 1946 (Ga. Laws 1946, p. 191, et seq.) as heretofore amended; be further amended so as to provide in all cases where the board created under the terms of this Act, serves as a joint city-county planning board, the name shall be changed to indicate the joint character of its authority and responsibility; to repeal all laws in conflict herewith; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations... and for other purposes, approved January 31, 1946 (Ga. Laws 1946, p. 191, et seq.) as heretofore amended, be further amended as follows: Section 1. There shall be added to Section 6, the following language to wit: In the event the commissioners of roads and revenues or other governing authority of any county shall designate a municipal planning board established under this Act to serve as the official planning board for such county, such municipal planning board shall be designated The City-County Joint Planning Board'; provided the governing authority of any such city and of any such county may be resolution adopted by the governing authorities of such city and county, duly entered upon the minutes of the meeting of such authorities, substitute the name of the city for the word `city' and substitute the name of the county for the word `county' in the official title to said municipal planning board as designated herein. So that Section 6 when so amended will read as follows: Sec. 6, Act of 1946, amended. Section 6. The commissioners of roads and revenue or other governing authority of any county in which there is a municipal planning board may designate such municipal planning board as the official planning board of such county and in the event of such designation and acceptance thereof by the municipal planning board and the governing authority of such municipality, the municipal planning board shall have all the powers and duties provided by law for the county planning board in such county. In the event the commissioners of roads and revenues or other governing authority of any county shall designate a municipal planning board established under this Act to serve as the official planning board for such county, such municipal planning board shall be designated `The City-County Joint Planning Board'; provided the governing authority of any such city and of any such

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county may by resolution adopted by the governing authorities of such city and county, duly entered upon the minutes of the meeting of such authorities, substitute the name of the city for the word `city' and substitute the name of the country for the word `county' in the official title to said municipal planning board as designated herein. City-county joint planning board. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. DMISSIONS TO BAR BY COMITY. Code 9-201 Amended. No. 141 (House Bill No. 10). An Act to amend Section 9-201, Civil Code of Georgia of 1933, pertaining to the admission to the bar of this State without examination of persons licensed to practice law in a foreign State or the District of Columbia, so as to permit the admission to the bar of this State without examination members of the bar of another State who have for five years or more been full-time teachers of law within this State in a law school approved by the Georgia Bar Association. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. Section 9-201 of the 1933 Code of Georgia which now reads as follows: Application; accompanying certificates.A person, resident or nonresident, licensed to practice law in a foreign State or the District of Columbia, may be admitted to the bar of this State without examination, when he shall submit with his application certificates of the clerk and of the presiding judge or justice of the highest court of the foreign State

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or the District of Columbia that the applicant has been for the last five years, and is at the time the application is made, actively engaged in the practice of law as a member of the bar of that State or District and of such court, and that he is of good private and professional character. The certificate must show further that under the laws of said foreign State or District a member of the bar of this State is eligible to admission by comity. Admissions under this section shall be by application to the superior court of the applicant's residence, actual or intended, is hereby amended by adding the following: Provided, however, that attorneys who have been admitted to practice in another State or the District of Columbia and who for not less than five years immediately preceding application for admission to the bar of Georgia have been full-time teachers of law in a law school in Georgia approved by the Georgia Bar Association may be admitted to the bar of this State without examination upon submitting to the judge of the superior court of the applicant's residence certificates of the clerk and of the presiding judge or justice of the highest court of the foreign State or District of Columbia that the applicant has been admitted to the bar of that State or District, and satisfactory proof of the fact that for not less than five years immediately preceding his application, he has been a full-time teacher of law in a law school in Georgia approved by the Georgia Bar Association and accompanied by written statements from two attorneys practicing in Georgia attesting to his good private and professional character. so that the section shall read as follows: Code 9-201 amended. A person, resident or nonresident, licensed to practice law in a foreign State or the District of Columbia, may be admitted to the bar of this State without examination, when he shall submit with his application certificates of the clerk and of the presiding judge or justice of the highest court of the foreign State or the District of Columbia that the applicant has been for the last five years, and is at the time the application is made, actively engaged in the practice of law as a member of the bar of that State or District and of such court, and that he

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is of good private and professional character. The certificate must show further that under the laws of said foreign State or District a member of the bar of this State is eligible to admission by comity. Admissions under this section shall be by application to the superior court of the applicant's residence, actual or intended. Provided, however, that attorneys who have been admitted to practice in another State or the District of Columbia and who for not less than five years immediately preceding application for admission to the bar of Georgia have been full-time teachers of law in a law school in Georgia approved by the Georgia Bar Association may be admitted to the bar of this State without examination upon submitting to the judge of the superior court of the applicant's residence certificates of the clerk and of the presiding judge or justice of the highest court of the foreign State or District of Columbia that the applicant has been admitted to the bar of that State or District, and satisfactory proof of the fact that for not less than five years immediately preceding his application, he has been a full-time teacher of law in a law school in Georgia approved by the Georgia Bar Association and accompanied by written statements from two attorneys practicing in Georgia attesting to his good private and professional character. New section. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. STATE FORESTRY COMMISSION. No. 143 (House Bill No. 57). An Act to supersede, with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission; to provide a comprehensive revision and reenactment of said laws; to provide for the creation of the Georgia Forestry

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Commission, and to define its duties, qualifications, manner of selection and powers; to provide for appointment of a Director, and to provide for his qualifications, powers, duties, compensation and expenses; to provide that this Act shall not affect the term of office of any present member of the Commission, or the Director thereof, or any other official or employee; to authorize the Director and Commission to promulgate rules and regulations relating to operation of the Forestry Commission; to authorize the Commission to acquire land and other property and to receive gifts and donations; to provide for annual reports; to provide for action against insects and diseases prevalent to forests; to provide for quarantine in such cases and prescribe penalty for violation thereof; to provide for injunction; to provide for regulations governing the controlled burning of lands and provide punishment for a violation thereof; to prohibit fires burning uncontrolled; to prohibit the setting of backfires in certain instances; to provide for receipt of all Federal funds; to provide for management, disposal, lease and sale of lands and products by the Commission; to provide for cooperative agreements with counties and other persons; to provide for forestry investigators and define their powers and authority; to provide for creation of unit forestry boards in the discretion of the Commission; to authorize the Governor to declare emergencies and prohibit hunting, fishing, camping, picnicking or other similar activities and declare penalty for violation thereof; to provide for the purchase of aircraft and other equipment; to provide for the entry on lands by the Commission, its agents, or others acting at their direction, to make investigations or combat forest fires; to provide that the provisions of this Act are separable; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intent and purpose of this Act to supersede all previous laws of this State, with certain enumerated exceptions, relating to the organization,

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powers and duties of the State Forestry Commission, and to provide a comprehensive codification of laws relating to said Department. Purpose of Act. Section 2. The following Act shall not be construed as repealed or modified by this Act: 1. The Forest Fire Protection Act, approved February 23, 1949 (Ga. Laws 1949, p. 937), except as expressly amended herein. 2. The Forest Fire Emergency Committee Act, approved February 23, 1949 (Ga. Laws 1949 (Ga. Laws 1949, p. 968), except as expressly amended herein. 3. Th Act creating a State Board of Registration of Foresters and defining its duties and powers, approved February 21, 1951 (Ga. Laws 1951, p. 581; Code Ann., Chapter 43-2A). 4. The Act creating the Georgia Forest Research Council and defining its duties and powers, approved December 10, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 45). 5. The Regional Forest Fire Protection Compact Act approved December 10, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 49). Section 3. Sections 43-201, 43-202, 43-203, 43-204, 43-205, 43-206, 43-207, and 43-208 of the Code of Georgia of 1933, which sections all relate to the State Commission of Forestry and Geological Development, the State Forester, and deputy forest wardens, are hereby repealed. Code sections repealed. Section 4. An Act approved March 5, 1937 (Ga. Laws 1937, p. 264) relating to the Department of Natural Resources, is hereby amended by striking therefrom Section 9 (1), pages 268-271, which said section relates to the Division of Forestry, and by striking from said Act, wherever it appears, any reference to the Division of

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Forestry and the Director of the Division of Forestry, so that said Act will not hereafter embrace any laws relating to the Forestry Commission. Section 5. An Act approved February 19, 1943 (Ga. Laws 1943, p. 180) relating to the Division of Conservation is hereby amended by striking therefrom any reference to the Department of Forestry and the Director thereof, so that said Act will not hereafter embrace any laws relating to the Forestry Commission. Section 6. The Act of the General Assembly approved March 9, 1945 (Ga. Laws 1945, p. 390), as amended by an Act approved January 31, 1946 (Ga. Laws 1946, p. 28), relating to the Department of Forestry as regards the expenditure of Federal funds, is hereby repealed. Section 7. The Act of the General Assembly approved March 20, 1943 (Ga. Laws 1943, p. 494), relating to the burning off of shoulders of highways in this State, is hereby repealed. Section 8. An Act approved February 25, 1949 (Ga. Laws 1949, p. 1079), relating to the Georgia Forestry Commission, is hereby repealed. Section 9. An Act approved February 21, 1951 (Ga. Laws 1951, p. 697), relating to the controlled burning of woods and authorizing the Director of the Forestry Commission to promulgate rules and regulations therefor, is hereby repealed. Section 10. An Act approved February 15, 1952 (Ga. Laws 1952, p. 211), relating to forestry investigators, is hereby repealed. Section 11. An Act approved February 15, 1952 (Ga. Laws 1952, p. 331), relating to the purchase of airplanes by the Forestry Commission, is hereby repealed. Section 12. There is hereby created and established a State Forestry Commission, hereinafter referred to as

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the Commission, composed of five members. Three of the members shall be owners, or representatives of owners, of 50 acres or more of forest land within the State of Georgia and two members shall be manufacturers or processors of forest products, or representatives thereof. The members of such Commission shall be appointed by the Governor and confirmed by the Senate, and shall hold office until their successors are appointed and qualified. The Governor shall not be a member of such Commission. Forestry Commission. Section 13. The present members of the Georgia Forestry Commission shall serve out the duration of their terms of office as provided by the law existing prior hereto, and nothing in this Act shall be construed as affecting the term of office of any Commissioner or any other official or employee of said Commission. Hereafter, the term of office of all members appointed for said Commission shall be for seven years each and until their successors are duly appointed and qualified. Incumbents. Terms. Section 14. Any vacancy on the Commission shall be filled by appointment of the Governor for the unexpired term, subject to confirmation by the Senate, and any appointment, whether for a full term or to fill a vacancy, made when the Senate is not in session, shall be effective until the same is acted upon by the Senate. Vacancies. Section 15. The Commission shall elect a chairman annually. The members of the Commission, including the chairman, shall receive such per diem subsistence allowances for each day of actual attendance of meetings by the Commission and mileage to and from the place of meeting and their respective home by the nearest practical route as may be authorized by the Commission. The per diem and mileage allowances received shall not exceed those authorized by law for other State commissions and/or boards. Such per diem and travel expense shall be paid from funds of the Commission. The Commission shall meet at such times at the State Capitol, or at other points, as it may determine, and it

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shall convene in all sessions upon call by the chairman or by a majority of the members of the Commission. Per diem and expenses. Section 16. If any member of the Commission, for any cause, fails to attend three successive meetings of the Commission, without good and valid cause or excuse and/or without leave of absence from the chairman, his office shall be declared vacant by the Commission and the chairman shall in either event notify the Governor of a vacancy on the Commission and the Governor shall fill the same as provided by this law. Vacancies. Section 17. The Forestry ommission shall have power and authority to take all action appropriate to foster, improve, and encourage reforestation; to engage in research and other projects for the ascertainment and promulgation of better forestry practices; to offer aid, assistance and technical advice to landowners relative to the preservation and culture of forests; to receive gifts or donations made to it and to expend the same under the terms of such gifts or donations; to conduct and direct fire prevention work and maintain equipment, personnel and installations for the detection, prevention and combatting thereof; to publish and distribute the results of its research and investigations; to cooperate and contract with other agencies and instrumentalities of government, both county, city, State and National, and private persons or concerns for the advancement of the forests of this State. The enumeration of specific powers herein shall not be construed as a denial of others not herein specified. Powers and duties. Section 18. The Commission shall have the right to acquire, in the name of the State, by purchase, lease, agreement, or condemnation, such land within the State as may be deemed necessary and proper. Condemnation proceedings shall be subject to the provisions of the Act of the General Assembly approved January 30, 1945 (Ga. Laws 1945, p. 120; Ga. Code Ann. Supp., Sections 36-1117, 36-1118). The acquisition by the Commission of any land, either by purchase or condemnation, shall be construed as transferring a fee simple interest, unless the

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instrument conveying such interest, or the condemnation petition, clearly indicates otherwise. Acquisition of land. Section 19. It shall be the duty of the Commission, in cooperation with the Director hereinafter provided for, to annually submit reports to each regular session of the General Assembly together with such information as is necessary to show the condition of the forest resources of the State, with particular reference to the protection, preservation and propagation of timber growth, and all other matters pertaining to the forest resources, and with recommendations for necessary legislation as to protection, reforestation and management. Reports on forest resources. Section 20. The Georgia Forestry Commission shall appoint, by and with the advice and consent of the Governor, a Director, who shall be the executive secretary and administrative officer of the Commission. As a qualification such Director shall have earned a minimum of a Bachelor of Science degree in forestry. The Director shall receive a salary fixed by the Commission, plus actual expenses as provided for other State officials and employees, and shall hold office at the pleasure of the Commission. The present Director shall continue to serve until removed by the Commission. Director. Section 21. The Director shall devote his full time to the duties of his office, and when the Commission is not in session, the Director shall have power and it shall be his duty to act in all matters as fully as the Commission is authorized, except in such matters where the approval of the Commission is specifically herein required. Powers and duties. Section 22. The Director shall take oath of office and give bond in the sum of $10,000 in the usual form required of State officials. Such Director shall have offices at the site of the State Capitol, or at such other place as may be recommended by the Commission and approved by the Governor, which shall be the office of the Commission. Oath, bond, office. Section 23. No member of the Commission during his

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tenure of office or within two years thereafter shall be eligible for appointment as Director or for any employment under the Commission or the Director. Section 24. The Director, with the approval of the Commission, shall have the power to adopt all rules, regulations and methods of administration necessary for the efficient operation of the activities of the Commission as herein created and established. Administration. Section 25. (a) Whenever the Director of the Forestry Commission or his agents, determine that there exists an infestation of forest insect pests or an infection of forest tree diseases, injurious or potentially injurious to the timber or forest trees within the State and that said infestation or infection is of such a character as to be a menace to the timber or forest growth of the State, the Director of the Forestry Commission shall declare the existence of a zone of infestation or infection, and shall declare and fix boundaries so as to definitely describe and identify said zone of infestation or infection, and the Director of the Forestry Commission or his agents, shall give notice in writting by mail or otherwise to each forest landowner within the designated control zone advising him of the nature of the infestation or infection, the recommended control measures, and offer him technical advice on methods of carrying out controls. Control of diseases. (b) The Director shall have the power to by rule or regulation declare and define areas of quarantine, and prescribe all needful rules and regulations relating thereto. Any person violating any such rule or regulation shall be punished as for a misdemeanor, and the Director or any other person is hereby empowered to institute action in his name to enjoin any practice in violation of such rules or regulations, without regard to whether such practices would, under general law constitute a nuisance, and without regard to whether an adequate remedy exists at law. The Commission or any of its duly authorized agents or anyone acting at their direction, shall have authority at all times to enter upon any lands for the purposes of making investigations and otherwise

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carrying out the provisions of this section, without incurring liability for trespassing. (c) An Act approved March 25, 1937 (Ga. Laws 1937, p. 659) as amended, referred to as The Entomology Act of 1937, is hereby amended by adding to Section 2 thereof, relating to definition of terms, immediately following the definition of Plants and Plant Products, the following: The word `trees' shall include shade trees and all other trees except forest trees, jurisdiction as to which is vested in the Georgia Forestry Commission, but shall include nursery stock of all trees, including forestry trees, so that said definition, as found in said Section 2, shall read as follows: Entomology Act of 1937 amended. Plants and Plant Products . Trees, shrubs, vines, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, timber and all other plant products. The word `trees' shall include shade trees and all other trees except forest trees, jurisdiction as to which is vested in the Georgia Forestry Commission, but shall include nursery stock of all trees, including forestry trees. Trees. Section 26. (a) Whenever in the judgment of the Director, because of drought, or other conditions, controlled burning of woods, lands, marshes, refuse or other combustible materials, in any county, or counties, or in any area within a county, constitutes an unusual hazard to the destruction of property, the Director may by order, rule, or regulation prohibit the setting on fire of any woods, lands, marshes, refuse or other combustible materials, within any county or counties, or within any area within a county, or may permit such burning only upon such conditions and under such regulations as in his judgment are necessary and proper to prevent the destruction of property. Where by rule or regulation, the setting on fire of any woods, lands, marshes, refuse or other combustible material has been prohibited, no person shall set or cause to be set any backfire, except under the direct supervision or permission of a State or Federal

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forest officer, unless it can be established that the setting of such backfire was necessary for the purpose of saving life or valuable property, the burden of proving which shall rest on such person claiming same as a defense. Any order, rule or regulation promulgated by the Director under the authority of this section shall have the force and effect of law. Control of fires. (b) Any person violating a lawful order or regulation promulgated under the authority of this section shall be guilty of a misdemeanor and punished as provided therefor by law. Section 27. The Commission shall be the designated agency to expend through the department all Federal aid funds available under the Clark-McNary law for fire prevention and nursery work, and all Norris Doxey funds for farm forestry or forest farming and nursery work, and all other Federal funds now in existence or to be created for the purpose of assisting private timber land-owners in Georgia in the planting, management, and protection of their forests, and in the marketing of their forest products, and to enter into cooperative agreements and leases under the Fulmer Acts, and all such funds shall be expended through regular State Budget Bureau channels: Provided, that those Federal funds now appropriated or allocated or any Federal funds that may be appropriated o allocated to the Georgia Agricultural Extension Service under the Clark-McNary Act of Congress, the Norris Doxey fund, or any other Act of Congress, source or allocations of Federal funds for the purpose of carrying on agricultural or forestry extension work shall be made available directly to the Georgia Agricultural Extension Service. Federal funds. Section 28. When lands are acquired or leased under the provisions of this Act, the Director, with the approval of the Commission, is authorized to make expenditures or funds not otherwise obligated to the management, development, and utilization of such areas, and to sell and otherwise dispose of the products from such lands. Utilization of lands.

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Section 29. The Director, with the approval of the Commission, is authorized to establish and from time to time alter rules and regulations governing the use, occupancy, and protection of the land and property under its control, and to preserve the peace therein. The Director, with the approval of the Commission, shall have full power and authority to exchange, sell, or lease lands under its jurisdiction when in their judgment it is advantageous to the State to do so in the highest orderly development and management of State forests: Provided, however, that said lease, sale, or exchange shall not be contrary to the terms of any contract which they have entered into. Section 30. The Director, with the approval of the Commission, is authorized to appoint investigators to enforce the provisions of the forestry laws and regulations of this State, and the investigators so appointed, and any fire fighting crews under their direction, may enter upon any land for the purpose of preventing and suppressing fires and enforcing the provisions of the fire and other forestry laws and regulations of this State. The investigators are hereby authorized and empowered to make summary arrests for violations of the fire and other forestry laws and regulations of this State, and in case of such arrests the investigator shall as soon as possible deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed. Investigators are hereby authorized and empowered to carry weapons in order to enforce the provisions of the forestry laws and regulations of this State. Investigators. Section 31. Any fire burning uncontrolled on any forested, cut over, brushland or grasslands is hereby declared to be a public nuisance by reason of its menace to life and property. Any person, firm or corporation responsible either for the starting or the existence of such fire is hereby required to control or extinguish it immediately, and if such person, firm or corporation shall refuse or neglect to do so, any organized fire suppression force may suppress the nuisance thus constituted, by controlling and extinguishing the fire, and the

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cost thereof may be recovered from said responsible person, firm or corporation. Fires. Section 32. The Georgia Forestry Commission is hereby authorized to purchase through the State Purchasing Department, as other State purchases are made, aircraft and equipment therefor, including but not limited to, aerial photographic equipment, and public address sound equipment, for use in forest protection activities conducted by the Commission. Forest protection equipment. Section 33. An Act approved February 23, 1949, (Ga. Laws 1949, p. 937, Ga. Code Ann., Section 43-240) relating to forest fire protection, is hereby amended by striking therefrom Section 13, relating to the power of agents of the forestry Commission to enter private property, and by substituting in lieu thereof the following: Code 43-240 amended. Section 13. The State Forestry Commission and any of its authorized agents, or anyone acting at their direction, shall have the right at any or all times to go upon any land for the purpose of preventing, controlling or suppressing forest fires, as defined herein, or for the purpose of making investigation, without incurring liability for trespassing. Section 34. Said Act, as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 101) is further amended by striking therefrom Section 3, as amended, relating to appropriations and agreements with counties, and by substituting in lieu thereof the following: Right of entry on lands. Section 3. The funds required to carry out the terms and provisions of this Act and provide for the coordinated protection of uncontrolled fire on all forest lands in the State of Georgia, may be provided from annual appropriations made by the General Assembly for this purpose. To the extent such annual appropriation shall, in the judgment of the Forestry Commission, be inadequate or insufficient to provide forest fire protection for all counties or areas needing or desiring such protection, then any county or any person, corporation, organization, or other landowner therein may enter into an agreement

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with the State Forestry Commission, in the discretion of the latter, for adequate and sufficient forest fire protection and in such an event, shall pay to the Forestry Commission the additional funds necessary for such protection, as determined by the said Commission. Any county may levy a tax to provide the additional funds required for fire protection under this Act. Fire protection agreements. Section 35. Said Act is further amended by striking therefrom Section 5, relating to fire fighting equipment and buildings, and by substituting in lieu thereof the following: Section 5. All fire fighting equipment and buildings now in use under cooperative agreement between the Forestry Commission on the one hand, and counties or other persons, corporations and landowners on the other hand, shall be appraised in accordance with said agreements. The latter contracting parties shall have the first option to purchase said equipment and buildings in accordance with said agreements. In the event that such option or options are not exercised, the Forestry Commission shall within one year reimburse said parties for their proportionate invested interest at the appraised value in said equipment and buildings; provided, same is in the judgment of the Commission useful and necessary for the carrying out of the provisions of this Act; and provided further, that said parties apply for such reimbursements within six months from the date of the passage and approval of this Act. Fire fighting equipment. Section 36. Said Act is further amended by striking from Section 10, thereof, (p. 939) relating to the creation of unit forestry boards, the wordsThere shall in the first line of the first sentence, and by substituting in lieu thereof the words, In the discretion of the Commission, there may... so that said section, when so amended, shall read as follows: Section 10. In the discretion of the Commission, there may be set up in each fire protection unit a board

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to be known as the unit forestry board, consisting of five (5) members, who shall be appointed by the State Forestry Commission. The State Forestry Commission shall determine the number from each county within the fire protection unit to be appointed to the board in accordance with the percentage of forest land acreage for each county within the unit. The members of the board shall be residents of the county from which they are appointed and shall be owners of forest land or representatives of said owners. Change of residence from the county shall terminate the appointment. The initial term of the members of all the said unit forestry boards shall be, one member for one (1) year, one member for two (2) years, one member for three (3) years, one member for four (4) years, and one member for five (5) years, each member holding office until his successor is appointed. After the expiration of the first term one member shall be appointed annually for a term of five (5) years. In case of vacancy or termination of appointment of the unit forestry board by reason of death, resignation, or otherwise, such vacancy shall be filled for the unexpired term in the same manner as provided for the appointment of members thereof. The members of the unit forestry boards shall serve without compensation. Unit forestry boards. Section 37. A resolution approved February 23, 1949 (Ga. Laws 1949, p. 968), providing for creation of a Forest Fire Emergency Committee, is hereby amended by striking therefrom, wherever it appears, the words Forestry Department, and by substituting in lieu thereof the words Forestry Commission, so as to bring said Act up to date and comply with present law. Section 38. Said resolution is further amended by striking therefrom Section 5, relating to the declaring of emergencies by the Governor, and by substituting in lieu thereof the following: (5). The Governor shall be chairman of the Committee, and shall have authority to declare and define an emergency, and by order, rule or regulation prohibit hunting, fishing, camping, or picnicking in any woods

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or lands of this State, or prohibit the entering of such woods or lands for any other purposes similar to those above named. Forestry investigators and any and all other peace officers of this State or of any county or city thereof shall have authority to make arrests for violations of such order, rule or regulation, and upon conviction thereof, the offender shall be punished as for a misdemeanor. The Director of the Forestry Commission will notify the chairman what, in his judgment, constitutes an extreme emergency. Emergencies. Section 39. If any provision of this law or the application hereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this law are declared to be severable. Section 40. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. STATE BOARD OF FUNERAL SERVICES. Code 84-102 Amended. No. 144 (House Bill No. 148). An Act to amend Code Section 84-102 relating to a salary term and the office of joint-secretary, expenses of board meetings, clerks and employees, time and place of meetings, as amended, particularly by an Act approved March 20, 1943 (Ga. Laws 1943, p. 370), so as to provide that expense vouchers shall in each case be itemized, approved by the chairman of each respective board, or on expense vouchers of the Georgia State Board of Funeral Services by three members of the Georgia State Board of Funeral Services; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend Code Section 84-102 relating to a salary term and the office of joint-secretary, expenses of board meetings, clerks and employees, time and place of meetings, as amended, particularly by an Act approved March 20, 1943 (Ga. Laws 1943, p. 370), is hereby amended by inserting after the words, respective board, the following: or on expense vouchers of the Georgia State Board of Funeral Services by three members of the Georgia State Board of Funeral Services, so that Code Section 84-102, as amended, shall read: Code 84-102 amended. 84-102. The salary of the Secretary of said Examining Boards shall be fixed by the Secretary of State, and he shall hold office at the pleasure of the Secretary of State. The Secretary of State shall employ such clerks and other employees as deemed necessary to carry out the provisions of this chapter and for all services required by each of the State Examining Boards. Provided, that all of such expenses shall be paid pro rata out of the respective board fees, and limited to such fees or appropriations for such purposes. The expenses of the members of the various boards shall be limited to actual expenses while in attendance upon the meetings of said respective boards, their legal per diem, and actual traveling expenses. One member of each of the several examining boards may attend annually State and/or national meetings pertaining to the work of his respective trade or profession. The Secretary shall maintain an office in the State Capitol, and all of the meetings of said respective boards shall be held in the Capitol. Provided, that the examinations of applicants for licenses may be conducted at some other designated place in this State. Provided, further, that where examination dates are fixed by law, said dates for the meetings or examinations may be changed to comply with the graduation dates of the various colleges and universities occasioned by the accelerated war-time program. All expense vouchers shall in each case be itemized, approved by the chairman of each respective board, or on expense vouchers of the

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Georgia State Board of Funeral Services by three members of the Georgia State Board of Funeral Services, and presented to the Joint-Secretary for payment. New section. Expense vouchers. Section 2. All laws and part of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. BOARD OF DENTAL EXAMINERS. Code 84-713 Amended. No. 149 (House Bill No. 504). An Act to amend Section 84-713 of the Code of Georgia, relative to applications to the Board of Dental Examiners and fees, expenses and compensation of such board, so as to increase the compensation of the members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 84-713 of the Code of Georgia, relative to applications to the Board of Dental Examiners and fees, expenses and compensation of such board, is hereby amended by striking the figure $7 and inserting in lieu thereof the figure $15, so that when so amended, Section 84-713 shall read as follows: 84-713. Applications for licenses to practice. Fees, expenses and annual reports of the Board.All applications to the Board of Dental Examiners of Georgia shall be made through the Joint-Secretary, State Examining Boards. Each person applying for examination for license to practice dentistry shall at the time of making his application pay to such Secretary a fee of $25; and each person applying for the renewal of a license or authority to practice dentistry or for the establishment

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of a license or authority that has been lost shall at the time of making his application pay to such Secretary a fee of $5. Such fees shall cover the entire service for granting or issuing licenses to practice dentistry. The Joint-Secretary, State Examining Boards, shall remit all fees arising under the provisions of this Chapter to the State Treasurer. Out of the funds thus arising for his services the sum of $15 for each day actually spent in the duties of his office, and in addition thereto his actual expenses while in attendance upon the meetings of the board and his actual traveling expenses; and from such funds there shall also be paid the pro rata share of the salary and office expenses of the Joint-Secretary, State Examining Boards, as contemplated by Chapter 84-1. The board may authorize the payment of the expenses of one of its members to the annual meeting of the National Association of Dental Examiners and also the annual membership dues to such Association and all other incidental expenses. All expenditures authorized by the board shall be paid from the funds received under the provisions of this Chapter, and no part of the salary of any member or officer of the board or of any other expense incurred by the board shall ever be paid out of any other funds in the State treasury. All money received in excess of the expenses ordered to be paid under the provisions of this Chapter shall be held by the State Treasurer as a special fund for meeting the expenses of the board. The board shall make an annual report of its proceedings to the Georgia State Dental Society, including all money received and disbursed under the provisions of this Chapter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955.

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FEDERAL CONSTITUTIONAMENDMENT. MEMORIAL TO CONGRESS. No. 26 (House Resolution No. 135). A Resolution. Memorializing Congress to call a convention for the purpose of submitting for ratification an amendment to the Constitution of the United States, so as to provide an alternative method of amending the Constitution of the United States. Whereas, recognition of the sovereign status of the several States requires that the Constitution of the United States be made subject to amendment in a more direct manner befitting that status, that is to say, without the intervention of Congress; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of Georgia respectfully petition the Congress of the United States to call a convention for the purpose of proposing the following Article as an amendment to the Constitution of the United States in lieu of Article V: ARTICLE Section 1. The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or on the application of the legislatures of two-thirds of the several States shall call a convention for proposing amendments; or the legislature of any State, whenever two-thrids of each house shall deem it necessary, may propose amendments to this Constitution by transmitting to the Secretary of State of the United States and to the Secretary of State of each of the several States a certified copy of the resolution proposing the amendment, which shall be deemed submitted to the several States for ratification when certified copies of resolutions of

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the legislatures of any twelve of the several States by two-thirds of each house shall have been so transmitted concurring in the proposal of such amendment; which, in any case, shall be valid to all intents and purposes as part of this Constitution when ratified by the legislatures of three-fourths of the several States; Provided, that no State, without its consent, shall be deprived of its equal suffrage in the Senate. Section 2. The act of proposal, concurrence in a proposal, or ratification of an amendment, shall not be revocable. Section 3. A proposal of an amendment by a State shall be inoperative unless it shall have been so concurred in within seven years from the date of the proposal. A proposed amendment shall be inoperative unless it shall have been so ratified within fifteen years from the date of its submission, or shorter period as may be prescribed in the resolution proposing the amendment. Section 4. Controversies respecting the validity of an amendment shall be justiciable and shall be determined by the exercise of the judicial power of the United States. Resolved further, that such amendment shall be valid to all intents and purposes as part of the Constitution of the United States when ratified by the legislatures of three-fourths of the several States; Resolved further, that as the power of the sovereign States to propose amendments to the Constitution of the United States by convention under Article V has never been exercised and no precedent exists for the calling or holding of such convention, the State of Georgia hereby declares the following basic principles with respect thereto: that the power of the sovereign States to amend the Constitution of the United States under Article V is absolute; that the power of the sovereign States to propose amendments to the Constitution by convention under Article V is absolute;

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that the power of the sovereign States extends over such convention and the scope and control thereof and that it is within their sovereign power to prescribe whether such convention shall be general or shall be limited to the proposal of a specified amendment or of amendments in a specified field; that the exercise by the sovereign States of their power to require the calling of such convention contemplates that the applications of the several States for such convention shall prescribe the scope thereof and the essential provisions for holding the same; that the scope of such convention and the provisions for holding the same are established in and by the applications therefor by the legislatures of the two-thirds majority of the several States required by Article V to call the same, and that it is the duty of the Congress to call such convention in conformity therewith; that such convention is without power to transcend, and the delegates to such convention are without power to act except within, the limitations and provisions so prescribed; Resolved further, that such convention shall be called and held in conformity with the following limitations and provisions, and that the Congress, in the call for such convention, hereby is requested to and shall prescribe: (1) That such convention shall be held in the city of Philadelphia, in the State of Pennsylvania, on the first Monday of the first December following transmission to the Senate and the House of Representatives of the Congress of the United States of applications for such convention by the legislatures of two-thirds of the several States and, in honor of the nation's founders and for invocation, shall convene at Constitution Hall, at Independence Square, at the hour of 10:00 o'clock in the morning of such day, and thereupon adjourn to more commodious quarters within said city for session as the convention shall determine;

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(2) That the several States shall have equal suffrage at such convention; that each of the several States shall be entitled to three delegates thereat and that each of such delegates shall be entitled to one vote; that the delegates to such convention from the several States shall be the highest officer of the senate and the highest officer of the house of representatives of their respective legislatures at the time of such convention, except that in States where the Lieutenant Governor is president of the senate, the president of the senate pro tem. or other highest officer from the membership of the senate shall be such delegate from the senate and in States, having a unicameral legislature the two highest officers of its legislature shall be such delegates, which two delegates in each of the several States shall jointly designate a citizen of such State at large who shall be the third delegate from such State to such convention; that in case of a vacancy in the office of any delegate during such convention, not otherwise filled pursuant to law or by legislative act or as herein provided, such vacancy shall be filled by the Governor of such State from the senate or house of its legislature or the State at large, respectively, as the case may be; that during such vacancy and during the absence of a delegate from the floor of the convention the delegates present from such State shall be empowered to exercise the vote of the absent delegate or delegates from such State; that the legislature of any State may choose its delegates to such convention, other than hereinabove designated in which case the delegates so chosen shall be certified to the convention by the Secretary of State of such State and shall constitute the delegates of such State at such convention in lieu of the delegates otherwise hereinabove designated. (3) That such convention shall be limited and restricted specifically to the consideration and proposal of such amendment to Article V, the choosing of officers and adoption of rules of procedure for the conduct of such convention and the maintenance of order thereat, the determination of any issue respecting the

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seating of delegates, adjournment from day to day and to a day certain and from place to place within said city as may be convenient, and adjournment sine die; and such convention shall not be held for any other purpose nor have any other power, and the delegates thereto shall have no power other than within the limitations herein prescribed; (4) That a permanent record shall be made of the proceedings of such convention, which shall be certified by the secretary of the convention, the original of which shall be placed in the Library of Congress and printed copies of which shall be transmitted to the Senate and the House of Representatives of the Congress, to the Secretary of State of the United States, and to each house of the legislature and to the Secretary of State of each of the several States; (5) That the powers of such convention shall be exercisable by the States, represented at such convention by duly constituted delegates thereat, by majority vote of the States present and voting on such proposal, and not otherwise; Resolved further, that this application shall constitute a continuing application for such convention under Article V of the Constitution of the United States until the legislatures of two thirds of the several States shall have made like applications and such convention shall have been called and held in conformity therewith, unless the Congress itself propose such amendment within the time and the manner herein provided; Resolved further, that proposal of such amendment by the Congress and its submission for ratification to the legislatures of the several States in the form of the article hereinabove specifically set forth, at any time prior to sixty days after the legislatures of two thirds of the several States shall have made application for such convention, shall render such convention unnecessary and the same shall not be held;

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otherwise such convention shall be called and held in conformity with such applications; Resolved further, that as this application under Article V of the Constitution of the United States is the exercise of a fundamental power of the sovereign States under the Constitution of the United States, it is requested that receipt of this application by the Senate and the House of Representatives of the Congress of the United States be officially noted and duly entered upon their respective records, and that the full context of this resolution be published in the official publication of both the Senate and the House of Representatives of the Congress; and Resolved further, that certified copies of this resolution be transmitted forthwith to the Senate and the House of Representatives of the Congress of the United States, to each Senator and Representative in the Congress from this State, and to the Secretary of State of the United States, and to each house of the legislature and to the Secretary of State each of the several States, attesting the adoption of this resolution by the legislature of this State. Approved March 3, 1955. MUSCOGEE COUNTYHOMESTEAD EXEMPTION. Proposed Amendment to The Constitution. No. 27 (House Resolution No. 77-266h). A Resolution. To propose to the qualified voters of Muscogee County, Georgia, an amendment to Article 7, Section 1, Paragraph 4 of the Constitution of the State of Georgia, by which the homestead tax exemption authorized therein would not apply to any tax levied by Muscogee

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County, Georgia, for the purpose of affording fire protection within said county. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article 7, Section 1, Paragraph 4 of the Constitution of the State of Georgia be amended by adding thereto the following language: Art. VII, Sec. I, Par. IV. The homestead exemption herein provided for shall not apply to any tax levied by Muscogee County, Georgia, for the purpose of affording fire protection within 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 branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor shall cause such proposed amendment to be published as provided in Article 13, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as amended, for two months previous to the time of holding the next general election at which the above proposed amendment shall be submitted to the electors of Muscogee County, Georgia, for ratification or rejection, as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall written or printed thereon the following: For ratification of amendment to Article 7, Section 1, Paragraph 4 of the Constitution so as to provide that the homestead tax exemption shall not apply to any tax levied by Muscogee County, Georgia, for the purpose of affording fire protection within said county. Against ratification of amendment to Article 7, Section 1, Paragraph 4 of the Constitution so as to provide that the homestead tax exemption shall not apply to any tax levied by Muscogee County, Georgia, for the purpose of affording fire protection within said county.

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All qualified electors desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all qualified electors 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 qualified electors voting thereon, such amendment shall become a part of Article 7, Section 1, Paragraph 4 of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Approved March 3, 1955. PENSION SYSTEMS STUDY COMMITTEE. No. 31 (House Resolution No. 218). A Resolution. Creating a committee to study retirement and pension systems; and for other purposes. Whereas, the General Assembly has created various retirement and pension systems in the past relative to different groups and classes of persons; and Whereas, doubt has arisen as to whether some or all of these systems are actuarially sound; and Whereas, for the protection of all persons who are members of such systems, the State, the general public and everyone concerned, it should be determined whether such systems are actuarially sound and, if not,

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what steps are necessary to solve the problems existing with relation to such systems; and Whereas, some of such systems should be studied, particularly those dealing with State employees, teachers, and peace officers; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that there is hereby created a committee to be composed of three members of the House, to be appointed by the Speaker, two members of the Senate, to be appointed by the President of the Senate, the Governor, the State Auditor, the Comptroller General and the Attorney General. This committee shall study and investigate the provisions of law relative to the creation of retirement systems as aforesaid, and shall study each of such systems with a view toward determining whether they are actuarially sound. The committee is hereby authorized to hold public hearings, if deemed necessary. The committee shall receive and study suggestions and ideas from interested parties. The committee is authorized to employ competent technical and clerical help, including actuaries, in order to assist it in the performance of its functions under this resolution. The committee shall make a report of its findings and recommendations to the 1956 session of the General Assembly of Georgia. The Governor is hereby designated as chairman of the committee, and the committee shall meet upon his call. All funds necessary 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. Approved March 3, 1955.

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FEDERAL CONSTITUTIONSUPPORT OF BRICKER AMENDMENT. No. 32 (House Resolution No. 175). A Resolution. Memorializing the Georgia delegation to Congress to support the Bricker Amendment. Whereas, in the case of Missouri v. Holland, 252 U. S. 416, the Supreme Court of the United States held that the treaty powers of the President exceeded the powers of Congress as against the 10th Amendment to the Constitution, and Whereas, the theory of this case, if extended to the limit of its logic, could ultimately result in complete destruction of the several States in the bicephalous structure of our Government, and Whereas, as suggested in Hurtado v. California, 110 U. S. 531, the history of tyranny has not been one of transgression against liberty by the legislature but rather by the executive branch of government, and Whereas, the General Assembly is informed that Honorable John W. Bricker, United States Senator from Ohio, proposes to reurge his proposed constitutional amendment restoring the limitations upon exercise of the treaty power. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the General Assembly respectfully request the Georgia delegation to Congress to lend their aid and support to Senator Bricker's proposal. Be it further resolved, that a copy of these presents be forthwith dispatched to each member of the Georgia delegation to Congress. Approved March 3, 1955.

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JOSEPH VANN HIGHWAY DESIGNATED. No. 35 (House Resolution No. 190). A Resolution. To designate State Route 225 as the Joseph Vann Highway; and for other purposes. Whereas, State Route 225, which runs through Gordon and Murray Counties, from a point above Calhoun to Spring Place, passes the site of the Old Cherokee national capitol at New Echota and the Chief Joseph Vann House at Spring Place; and Whereas, the Georgia Historical Commission is now in the process of restoring the Chief Vann House for use as Cherokee monument, and the Georgia Historical Commission and the Gordon County Chamber of Commerce are jointly working toward the restoration of the Cherokee capitol at New Echota; and Whereas, it is fitting and proper that this highway be named in honor of Chief Vann: Now, therefore, be it resolved by the General Assembly of Georgia, that State Route 225 in Gordon and Murray Counties be hereby named and designated as the Joseph Vann Highway. Be it further resolved, that the State Highway Department and the Georgia Historical Commission be hereby authorized to so designate such highway by proper markers. Be it further resolved, that a copy of this Resolution be transmitted to the State Highway Department and the Georgia Historical Commission. Approved March 3, 1955.

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INSURANCE COMPANIESCAPITAL STOCK. Code 56-207 Amended. No. 153 (Senate Bill No. 86). An Act to amend Section 56-207 of the Code of Georgia, relating to capital stock required of insurance companies, as amended by an Act approved March 1, 1937 (Ga. Laws 1937, p. 459), so as to reduce the par value of the shares of such stock; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 56-207 of the Code of Georgia, relating to capital stock required of insurance companies, as amended by an Act approved March 1, 1937 (Ga. Laws 1937, p. 459), is hereby amended by striking the figure $10.00 and inserting in lieu thereof the words and figure not less than $5.00, so that when so amended, Section 56-207 shall read as follows: Code 56-207 amended. 56-207. When such certificate shall have been issued, the persons named therein, in case they have not taken the whole capital stock, may open books of subscription to obtain the full capital stock of the company, and after giving such notice as they may deem expedient, may from time to time receive subscriptions until the whole capital stock shall be subscribed. The capital stock of said company shall be divided into shares of not less than $5.00 each, and shall not be less than $100,000 for each class of insurance to be engaged in, and no insurance company chartered under this Chapter shall commence the insurance business until at least this amount for each class of insurance to be engaged in shall have been paid in cash, or invested in bonds of the United States, of this State, or of the cities or counties of this State, estimated at their cash market value, or in mortgages on real estate worth twice the amount for which the same is mortgaged, which investment shall be approved by the Secretary of State, or, when he is disqualified,

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by the Comptroller General. When the investment shall be in bonds of the cities or counties of this State, the Secretary of State or Comptroller General, as the case may be, shall require an opinion from the Attorney General that the bonds ae good, legal, and valid bonds, before approving the investment. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. FIREMEN'S RETIREMENT SYSTEM. No. 165 (House Bill No. 418). An Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a board of trustees to receive and disburse such funds; to provide a secretary-treasurer; to provide the powers and duties of such board; to provide for the payment of pensions; to provide for refunds and repayments to persons who may be entitled to receive same; to define words and phrases; 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. The following words and phrases as used in this action, unless a different meaning is plainly required by the context, shall have the following meanings: (1) Firemen; shall mean all firemen who are employed by the State of Georgia, or any political subdivision or municipality thereof, who are required to devote their full time to the protection of life and property, and who belong to a fire department which owns fire department which owns fire apparatus and equipment of the value of five thousand dollars ($5,000.00), or more, and which is recognized

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by the Southeastern Underwriters Association as not less than a Class 8 Department. (2) Volunteer Firemen; all volunteer firemen appointed and regularly enrolled in any volunteer fire department, or part paid and part volunteer fire department of the State of Georgia, or any political subdivision or municipality thereof, which holds drills and meetings of not less than eight (8) hours monthly, and which owns fire apparatus and equipment of the value of five thousand dollars ($5,000.00), or more, and which is recognized by the Southeastern Underwriters Association as not less than a Class 8 Department, and who attend seventy-five per cent (75%) of all drills, meetings, and fires in every calendar year. Definitions. (3) Board or Board of Trustees; shall mean the Board of Trustees of the Georgia Firemen's Pension Fund. Section 2. In order to carry out the provisions of this Act, there is hereby created a board to be known as the Board of Trustees of the Georgia Firemen's Pension Fund. Said board shall consist of five (5) trustees as follows: (1) The Governor, ex officio. (2) The State Insurance Commissioner, ex officio. (3) The Secretary-Treasurer of the Georgia State Firemen's Association. Board. (4) The remaining two (2) members shall be elected by the Georgia State Firemen's Association at its next regular convention. One (1) member so elected shall serve a term of four (4) years; one (1) member so elected shall serve a term of two (2) years. Each of their successors shall serve terms of four (4) years each; provided to organize said board prior to such convention, the Board of Directors of the Georgia State Firemen's Association shall name two (2) members to serve upon said board until their successors are elected as provided. Board members shall serve without pay, with the exception that all members shall be reimbursed for all necessary

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expenses that they may incur through service on the board of trustees. Section 3. There is hereby created an office to be known as Secretary-Treasurer of the Georgia Firemen's Pension Fund, who shall be named by the board and shall serve at the pleasure of the board. His salary shall be fixed by the board, provided it shall not exceed five thousand dollars ($5,000.00) annually. He shall be bonded in such amount as may be determined by the board as sufficient. Secretary-treasurer. Section 4. The board of trustees hereby created shall have the following powers and duties to provide for the payment of administrative expenses; to determine all applications for pensions; to provide for the payment of pensions hereunder; to provide for the collection of all revenue provided; to make all necessary rules and regulations not inconsistent with the laws of Georgia for the government of this fund; to prescribe rules and regulations of eligibility of persons to receive pensions hereunder; to expend funds in accordance with the provisions of this Act; to invest any of the funds so received in any investment which are legal investments for insurance companies under the laws of Georgia; and to generally exercise all other powers necessary for the administration of the fund created by this Act. Powers and duties of board. Section 5. Those firemen or volunteer firemen who are now serving as such shall make application through the board for membership in said fund within six (6) months from the approval of this Act. All those persons who subsequently become firemen or volunteer firemen shall make application for membership in such fund within four (4) months from the date of becoming such firemen. Each eligible fireman or volunteer fireman becoming a member of the pension fund shall pay to the secretary-treasurer of the board the sum of five dollars ($5.00) each month not later than the 10th day of each month. Provided that any member who becomes six (6) months in arrears of said payment shall be suspended from membership in the fund, and shall be entitled to

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receive no pension until reinstated by payment of the amount due, plus interest upon said amount at the rate of six percent (6%) per annum. Membership in system. Section 6. Every fire insurance company, corporation or association doing business within the State of Georgia shall within ninety (90) days from December 31st of each year deliver and pay to the Secretary-Treasurer of the Georgia Firemen's Pension Fund one percent of the gross premiums written by such insurance company, corporation or association on fire, lightning extended coverage, inland marine and allied lines and wind storm insurance policies covering property within this State. This tax is in addition to any and all other premium taxes now imposed by law. In the event that any such fire insurance company, corporation or association shall knowingly or wilfully fail to report and pay over the monies due on premiums as aforesaid, then the Secretary-Treasurer of the Georgia Firemen's Pension Fund shall report such delinquent to the Insurance Commissioner. The Insurance Commissioner is hereby authorized and directed upon receipt of such report to immediately cancel such delinquent's license to do business within the State of Georgia. Provided, premiums collected on the aforesaid types of insurance policies covering property which is classified by the National Board of Fire Underwriters as unprotected property, shall be excluded in determining this tax. Payments by insurance companies. Section 7. Any eligible fireman or volunteer fireman who has served twenty-five (25) years as a fireman or volunteer fireman in the State of Georgia, and is at least sixty (60) years of age, upon application to the board and approval thereof by the board, shall be retired upon monthly pension of fifty ($50.00) dollars. Provided that any fireman retiring after twenty-five (25) years of service, but before reaching the age of sixty (60) years, may cease his monthly five dollar ($5.00) payment to the fund, and upon reaching the age of sixty (60) years, and being otherwise eligible, he shall be paid a pension of fifty ($50.00) dollars per month. Provided further that no person shall receive a pension hereunder prior

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to April 1, 1956, but those persons eligible and retiring prior to said date and who have paid into the fund five dollars ($5.00) per month for not less than twelve (12) consecutive months shall be retired upon a pension of fifty ($50.00) dollars per month. Provided further that no persons shall be eligible for a pension hereunder until his official duties shall have terminated. Provided further that no person shall be eligible for a pension hereunder if retired from any fire department prior to the approval of this Act. Retirement. Section 8. In the event that the monies provided by this Act shall not be sufficient at any time to enable the board to pay each person his pension in full, then those persons entitled to pensions shall be paid an equal amount, which in the opinion of the board the fund may provide; however in no such event shall the board or any member thereof be liable to any beneficiary for any deficiencies in payments as provided by this Act. If funds not sufficient for payments. Section 9. The State Auditor is hereby directed to make an annual audit of the fund. The Attorney General shall act as legal advisor to the board. Section 10. The pensions provided herein shall be subject to future legislative change or revision, and no member of the fund, or any persons, shall be deemed to have any vested right to any pensions provided herein. Section 11. A fireman's or volunteer fireman's length of service may be transferable from one fire department to another by furnishing the board with a proper certificate. Any member withdrawing from this fund shall, upon proper application and approval of the board, be paid all the monies such individual contributed to said fund after deducting five percent (5%). Transfer of service. Section 12. The pensions herein provided shall not be subject to attachments, garnishments, or judgments against the firemen or volunteer firemen entitled to receive the same; nor shall such pension be assignable.

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Section 13. The board may take or receive any gift, grant, or bequest of money, real or personal property, or anything of value, and use the same for the purposes herein provided. Donations to fund. Section 14. All laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Approved March 3, 1955. VOTER'S REGISTRATION ACT AMENDED. No. 167 (Senate Bill No. 20). An Act to amend an Act known as the Voters Registration Act and shall execute a complete revision of all the laws of this State relating to the subject of registration and qualification of voters, and provided for county registrars, approved February 25, 1949 (Ga. Laws 1949, p. 1204) as amended by an Act approved February 8, 1950 (Ga. Laws 1950, p. 126) and an Act approved February 4, 1952 (Ga. Laws 1952, p. 12) so as to provide that a county registrar shall not be eligible to offer as a candidate for any State or county office in any primary, special or general election, while holding said position; to provide that a county registrar must resign as such prior to the time for holding any election in which he desires to offer as a candidate for public office; to provide that the failure to resign as required by this Act shall make a county registrar ineligible to hold any public office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Voters Registration Act, which executed a complete revision of the laws of this State relating to the registration and qualification of voters and provided for county registrars, approved February 25, 1949 (Ga. Laws 1949, p. 1204), as amended

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by an Act approved February 8, 1950 (Ga. Laws 1950, p. 126) and an Act approved February 4, 1952 (Ga. Laws 1952, p. 12) is hereby amended by adding a new section to be numbered Section 6A to read: Section 6A. A county registrar shall not be eligible to offer as a candidate for any State, county or national office in any primary, special or general election while holding said position. Any person serving as a county registrar must resign that position sixty (60) days or more prior to the time for holding any election in which such person desires to offer as a candidate for public office, and the failure to resign as required by this Section shall make a county registrar ineligible to serve as an elected public official. The provisions of this section shall not apply to special elections called within the sixty (60) day period. Restrictions on county registrars. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. NON-PROFIT MEDICAL SERVICE ACT AMENDED. No. 168 (House Bill No. 307). An Act to amend and an Act known as the Non-Profit Medical Service Act of 1950, approved February 16, 1950 (Ga. L. 1951, p. 266), so as to provide that the definition of Medical services shall include doctors of dental surgery; to provide that the definition of participating physician shall include a licensed dental surgeon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Non-Profit Medical Service Act of 1950, approved February 16, 1950 (Ga. L. 1950, p. 266) is hereby amended by striking Subsection

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(c) of Section 2 of said Act in its entirety and inserting a new Section 2 (c) to read: (c) `Medical services' means the general and usual services and care rendered and administered by doctors of medicine and doctors of dental surgery. It shall not include hospital service. Medical services. Section 2. Said Act is further amended by adding to Subsection (f) of Section 2 of said Act the following words and a dental surgeon licensed to practice dental surgery in this State, so that as amended Section 2 (f) shall read: (f) `Participating physician' means doctor of medicine licensed to practice medicine and surgery in this State and a dental surgeon licensed to practice dental surgery in this State, who agrees in writing, with a medical service corporation to perform the medical services specified in the subscription certificates issued by the corporation, and at such rates of compensation as shall be determined by the board of directors of the corporation, and who agrees to abide by the by-laws, rules and regulations of the corporation applicable to participating physicians. Participating physician. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. AGENT'S LIABILITY TO THIRD PARTIES. Code 4-410. No. 169 (Senate Bill No. 53). An Act to amend Ch. 4-4 of the Code of Georgia of 1933 relating to the rights and liabilities of an agent to third parties, by adding a new section, to be designated as

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Section 4-410, so as to provide that the contract of any person or corporation who purports as agent of a non-existing principal to bind such non-existing principal only, shall be void, and that any other party to such contract who is misled thereby to his injury shall have a right of damages against such purported agent individually; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Ch. 4-4 of the Code of Georgia of 1933, relating to the rights and liabilities of an agent to third parties, is hereby amended by adding a new section thereto, to be designated as Section 4-410, which shall read as follows: Section 4-410. The contract of any person or corporation who purports as agent of a non-existing principal to bind such non-existing principal only, shall be void. Any other party to such contract who is misled thereby to his injury shall have a right of action for damages against such purported agent individually. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. INSANE PERSONSTRIAL FOR RESTORATION AND RELEASE. Code 35-236, 35-237 Amended. No. 170 (House Bill No. 449). An Act to amend Section 35-236 of the 1933 of Georgia, as amended, by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321) relating to lunacy trial of persons at Milledgeville

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State Hospital, so as to provide how a trial may be demanded and had and to provide methods and procedures for such trials and the court in which such trials may be had; to amend Section 35-237 of the 1933 Code of Georgia, as amended, by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321) relating to how such trials may be demanded so as to provide grounds, methods and procedures under which such lunacy trials may be had; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 35-236 of the 1933 Code of Georgia, as amended by an Act approved December 18, 1955 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321) relating to a lunacy trial of persons at the Milledgeville State Hospital is hereby amended by striking and repealing said section in its entirety and inserting a new Section 35-236 which shall read as follows: Code 35-236 amended. Section 35-236. After admission of a patient to the Milledgeville State Hospital, as provided by law, except persons transferred thereto by the State Board of Corrections, the person adjudged to be a lunatic who alleges that the cause of his or her, detention has ceased to exist, after refusal by the Superintendent of the Milledgeville State Hospital to discharge such patient, shall have the right in a proceeding brought by friend, or relative, who shall proceed as next friend, or by guardian, to have a trial of the question of lunacy of a jury, which shall be had, as hereinafter provided, in the County of Baldwin, either in the superior court or before the ordinary. If the petition herein provided for be filed in the Superior Court, or the Court of Ordinary of Baldwin County, the case shall stand for trial at the first term, provided, the petition be filed at least fifteen days before the commencement of the term. If filed less than fifteen days before the commencement of the term, the case

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shall stand for trial at the second term and subject in either event to continuance, as provided in other cases. If the petition is filed with the court of ordinary, the ordinary shall issue a commission directed to twenty-four (24) discreet and proper persons, or a greater number if the ordinary shall deem it proper, whose names appear on the traverse jury lists of Baldwin County, who shall thereupon be summoned by the Sheriff of Baldwin County, and from which a jury of twelve (12) shall be selected, the plaintiff and the defendant being entitled to six strikes each. Section 2. Section 35-237 of the 1933 Code of Georgia, as amended by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321) relating to a lunacy trial of persons at the Milledgeville State Hospital is hereby amended by striking and repealing said section in its entirety and inserting a new Section 35-237 which shall read as follows: Code 35-237 amended. Section 35-237. The petition provided for under this Act must allege that the cause of commitment to the Milledgeville State Hospital has ceased to exist and that if discharged therefrom the patient would not be a source of danger to himself, or herself, or to others. The petition provided for herein shall be verified by the person filing the same, and shall be brought as next frined or guardian, and not otherwise. The petition herein provided for shall be brought against the Superintendent of Milledgeville State Hospital. Upon presentation to the court of the verified petition herein provided for, the court shall issue a rule nisi directed to the Superintendent of Milledgeville State Hospital requiring that he make answer thereto on or before the date or term therein specified. The petition and rule nisi shall be served upon the defendant by the Sheriff of Baldwin County. If the jury should find that the cause of detention has ceased to exist the court shall thereupon enter an order directing that the patient be discharged. If the jury should find that the cause of detention has not ceased to exist the court shall enter an order remanding the patient to the

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Milledgeville State Hospital. Provided, however, that after a trial has been had under the provisions of this section and the question of lunacy determined by a jury, and it has been found that the cause of detention has not ceased to exist, no subsequent petition and trial may be had under the provisions hereof until after the expiration of a period of twelve (12) months from the date of the final judgment rendered in said trial. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. STATE MUSEUM OF SCIENCE AND INDUSTRY. No. 171 (House Bill No. 403). An Act to create a division in the office of the Secretary of State, to be known as the Georgia State Museum of Science and Industry; to provide for a director of such division; to provide for qualifications; to provide for powers and duties; to provide for appointment and compensation; to provide for the receiving of grants, donations and gifts; to provide for funds; to provide for transfers; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a division in the office of the Secretary of State to be known as the Georgia State Museum of Science and Industry. Said division shall be under the control and supervision of the Secretary of State. There shall be a director of the division, who shall be appointed as are other employees in the office of the Secretary of State. State Museum of Science and Industry. Section 2. The director shall install exhibits for the

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museum, prepare and distribute publications concerning the museum's features; prepare semi-technical materials for distribution to the schools of this State; conduct tours of the museum; and perform such other duties and functions as are ordinarily exercised by a director of a museum. Director. Section 3. The division is hereby authorized to receive on behalf of the State any grants, donations or gifts of money or property for use in the museum. Donations. Section 4. Until such time as funds shall be appropriated for the purposes of this Act, the Budget Bureau is authorized to make such allotment of funds as is essential and necessary for carrying out the provisions of this Act. Funds. Section 5. All powers, duties, and authority connected with the museum as it presently exists are hereby transferred from the Department of Mines, Mining and Geology to the office of the Secretary of State, as are all exhibits and other physical properties connected therewith. Existing museum. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. PAROLESREVOCATION. No. 172 (House Bill No. 520). An Act to amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), so as to authorize the revocation of a parole without a hearing in certain cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), is hereby amended by adding at the end of Section 17 the following: Provided, however, when a parolee has been convicted of any crime, whether a felony or a misdemeanor, or has entered a plea of guilty thereto, in a court of record, his parole may be revoked without a hearing before the State Board of Pardons and Paroles. so that when so amended, Section 17 shall read as follows: Section 17. As soon as practicable after the arrest of a person charged with the violation of the terms and conditions of his parole, such parolee shall appear before the board in person and a hearing shall be had at which the State of Georgia and parolee may introduce such evidence as they may deem necessary and pertinent to the charge of parole violation. Within a reasonable time thereafter the board shall make findings upon such charge of parole violation and shall enter an order thereon rescinding said parole and returning such person to serve the sentence theretofore imposed upon him, with benefit of computing the time so served on parole as a part of such person's sentence, or reinstating such parole, or shall enter such other order as it may deem proper. Revocation. Provided, however, when a parolee has been convicted of any crime, whether a felony or a misdemeanor, or has entered a plea of guilty thereto, in a court of record, his parole may be revoked without a hearing before the State Board of Pardons and Paroles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955.

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ORDINARIESSERVICE BY PUBLICATION. Code 24-2115. No. 173 (Senate Bil No. 52). An Act to amend Chapter 24-21 of the Code of Georgia of 1933, relating to ordinary courts and proceedings therein by adding a new section to be designated as Section 24-2115, so as to provide for service by publication by the ordinary to any guardian, administrator, executor, surety on bonds or either, or any other person who shall have removed himself beyond the limits of this State, absconded or concealed himself; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 24-21 of the Code of Georgia of 1933, relating to ordinary courts and proceedings therein is hereby amended by adding a new section thereto to be designated as Section 24-2115 which shall read as follows: Code 24-2115. The ordinary of any county of this State shall have power to cite any guardian, administrator, executor, surety on bonds of either, or any other person to appeal before him relative to the performance of their duties or any other matter related to the court of ordinary pertaining to such guardian, administrator, executor, surety on bonds of either or any other person who shall have removed himself beyond the limits of this State, absconded or concealed himself and service may be had upon such guardian, administrator, executor, surety on bonds of either, or any other person who shall have removed himself beyond the limits of this State, absconded or concealed himself, by publication in the following manner: Citation by publication. The ordinary shall cause to be published, his order calling upon a guardian, administrator, executor, surety on bonds of either, or any other person to appear, in the newspaper of said county in which sheriff's advertisements

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are published once a week for four weeks immediately preceding the court day, on which said guardian, administrator, executor, surety on bonds of either, or any other person, shall be cited to appear. The published order shall be directed to the guardian, administrator, executor, surety on bonds of either, or any other person, shall set the date and time on which said matter will be heard, all matters to be passed upon at said time, and shall be signed by the ordinary in his official capacity; provided further that where the address of said guardian, administrator, executor, surety on bonds of either, or any other person, is known, a copy of said published order shall be mailed to the party named in said order and the ordinary shall make an entry of his actions upon the minutes of the court of ordinary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. URBAN REDEVELOPMENT ACT. No. 175 (Senate Bill No. 66). An Act to provide for the rehabilitation, clearance and redevelopment of slums in cities and towns in this State in accordance with urban redevelopment plans approved by the governing bodies thereof; to grant and define the rights, powers, functions, duties, privileges, liabilities, immunities and exemptions of such cities and towns in undertaking such activities, including the power to acquire property by eminent domain or otherwise, to dispose of property to private persons or public bodies subject to any restrictions deemed necessary to prevent the development or spread of slums, to issue bonds and other obligations and give security therefor, to levy taxes and assessments and to enter into agreements to secure Federal aid and comply with conditions imposed in connection

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therewith; to provide that such bonds or other obligations shall be legal investments for banks, building and loan associations, insurance companies, fiduciaries and other persons or organizations whose investments are limited by State law; to authorize municipalities to establish urban redevelopment agencies and to define the method of establishing such agencies; to authorize such urban redevelopment agencies or housing authorities now or hereafter created by law to exercise the rights, powers, functions, duties and privileges granted to cities and towns hereunder, including the power of eminent domain, and to vest such urban redevelopment agencies or housing authorities with the liabilities, immunities and exemptions of such cities and towns hereunder if a city or town determines it to be in the public interest; to authorize public bodies to furnish funds, services, facilities, and property in aid of urban redevelopment projects hereunder; to authorize cities and towns to obtain funds therefor by the issuance of obligations, by taxation or otherwise; to provide that securities issued, and properties while held by a city or town or urban redevelopment agency or housing authority or other public agency hereunder shall be exempt from taxation; to authorize cities and towns to cause the repair, closing, and demolition of dwellings unfit for human habitation; 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. Short title . This Act shall be known and may be cited as the Urban Redevelopment Law. Section 2. Findings and declarations of necessity . It is hereby found and declared that there exist in municipalities of the State slum areas (as herein defined) which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the State; that the existence of such areas contributes substantially and increasingly to the spread

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of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums is a matter of State policy and State concern in order that the State and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and, while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities. It is further found and declared that certain slum areas, or portions thereof, may require acquisition, clearance and disposition subject to use restrictions, as provided in this Act, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that the other areas or portions thereof may, through the means provided in this Act, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that to the extent feasible salvable slum areas should be conserved and rehabilitated through voluntary action and the regulatory process. It is further found and declared that the powers conferred by this Act are for public uses and purposes for which public money may be expended and the power of eminent domain exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination. Section 3. Encouragment of private enterprise . A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this Act, shall afford maximum opportunity, consistent with the sound

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needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban redevelopment area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this Act, including the formulation of a workable program, the approval of urban redevelopment plans (consistent with the general plan for the municipality), the adoption and enforcement of ordinances as provided for in Section 18, the exercise of its zoning powers, the enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements. Section 4. Workable program . A municipality for the purposes of this Act may formulate a workable program for utilizing appropriate private and public resources (including those specified in Section 18 hereof) to eliminate, and prevent the development or spread of, slums, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for: the prevention of the spread of slums into areas of the municipality which are free from slums through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conservation of slum areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum areas or portions thereof. Section 5. Finding of necessity by local governing body . No municipality shall exercise any of the powers hereafter conferred upon municipalities by this Act until after its local governing body shall have adopted a resolution

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finding that: (1) one or more slum areas exist in such municipality and (2) the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality. Section 6. Preparation and approval of urban redevelopment plans . (a) A municipality shall not approve an urban redevelopment plan for an urban redevelopment area unless the governing body has, by resolution, determined such area to be a slum area and designated such area as appropriate for an urban redevelopment project. Authority is hereby vested in every municipality to prepare, to adopt and to revise from time to time, a general plan for the physical development of the municipality as a whole (giving due regard to the environs and metropolitan surroundings), to establish and maintain a planning commission for such purpose and related municipal planning activities, and to make available and to appropriate necessary funds therefor. A municipality shall not acquire real property for an urban redevelopment project unless the local governing body has approved the urban redevelopment plan in accordance with Subsection (d) hereof. (b) The municipality may itself prepare or cause to be prepared an urban redevelopment plan, or any person or agency, public or private, may submit such a plan to a municipality. (c) The local governing body of the municipality shall hold or cause some agency of said municipality to hold a public hearing on an urban redevelopment plan or substantial modification of an approved urban redevelopment plan, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban redevelopment area covered by the plan, and shall outline the

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general scope of the urban redevelopment project under consideration. (d) Following such hearing, the local governing body may approve an urban redevelopment plan if it finds that (1) a feasible method exists for the location of families who will be displaced from the urban redevelopment area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban redevelopment plan conforms to the general plan of the municipality as a whole; and (3) the urban redevelopment plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban redevelopment area by private enterprise. (e) An urban redevelopment plan may be modified at any time: Provided, that if modified after the lease or sale by the municipality of real property in the urban redevelopment project area, such modification shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest may be entitled to assert. Any proposed modification which will substantially change the urban redevelopment plan as previously approved by the local governing body shall be subject to the requirements of this section, including the requirement of a public hearing, before it may be approved. (f) Upon the approval of an urban redevelopment plan by a municipality the provisions of said plan with respect to the future use and building requirements applicable to the property covered by said plan shall be controlling with respect thereto. Section 7. Powers . Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including the following powers in addition to others herein granted:

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(a) To undertake and carry out urban redevelopment projects within its area of operation; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this Act; and to disseminate slum clearance and urban redevelopment information. (b) To provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with an urban redevelopment project; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements, provided that neither the municipality itself, nor an urban redevelopment agency or housing authority acting pursuant to an election under Section 15 of this Act, shall provide, install, or construct any public utility of the same kind or character as an existing utility operating in the municipality if such existing utility is providing reasonably adequate and proper service, as determined by the Georgia Public Service Commission; and to agree to any conditions that it may deem reasonable and appropriate attached to Federal financial assistance and imposed pursuant to Federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban redevelopment project, and to include in any contract let in connection with such a project, provisions to fulfill such of said conditions as it may deem reasonable and appropriate. (c) Within its area of operation, to enter upon any building or property in any urban redevelopment area in order to make surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, or otherwise, any real property (or personal property for its administrative purposes) together with any improvements thereon; to hold, improve, clear or prepare for redevelopment any such

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property; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this Act: Provided, however, that no statutory provision with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a municipality or other public body exercising powers hereunder, in the exercise of such functions with respect to an urban redevelopment project, unless the legislature shall specifically so state. (d) To invest any urban redevelopment project funds held in reserves or sinking funds or any such funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem such bonds as have been issued pursuant to Section 10 of this Act at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be cancelled. (e) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the Federal Government, the State, county, or other public body, or from any sources, public or private, for the purposes of this Act, and to give such security as may be required and to enter into and carry out contracts in connection therewith. A municipality may include in any contract for financial assistance with the Federal Government for an urban redevelopment project such conditions imposed pursuant to Federal law as the municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this Act. (f) Within its area of operation, to make or have made all plans necessary to the carrying out of the purposes of this Act and to contract with any person, public

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or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans. Such plans may include, without limitation: (1) A general plan for the locality as a whole, (2) urban redevelopment plans, (3) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, (4) plans for the enforcement of State and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, and (5) appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban redevelopment projects. The municipality is authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and to apply for, accept and utilize grants of funds from the Federal Government for such purposes. (g) To prepare plans and provide reasonable assistance for the relocation of families displaced from an urban redevelopment area to the extent essential for acquiring possession of and clearing such area or parts thereof to permit the carrying out of the urban redevelopment project. (h) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this Act, and to levy taxes and assessments for such purposes; to close, vacate, plan or replan streets, roads, sidewalks, ways or other places; to plan or replan, zone or rezone any part of the municipality or make exceptions from building regulations; and to enter into agreements with a housing authority or an urban redevelopment agency vested with urban redevelopment project powers under Section 15 of this Act (which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary), respecting action to be taken by such municipality pursuant to any of the powers granted by this Act.

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(i) Within its area of operation, to organize, coordinate and direct the administration of the provisions of this Act as they apply to such municipality in order that the objective of remedying slums and preventing the causes thereof within such municipality may be most effectively promoted and achieved, and to establish such new office or offices of the municipality or to reorganize existing offices in order to carry out such purpose most effectively. (j) To exercise all or any part or combination of powers herein granted. Section 8. Eminent Domain; title acquired by condemnation proceedings . (a) A municipality shall have the right to acquire by exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this Act after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A municipality may exercise the power of eminent domain in the manner provided in Title 36 of the Georgia Code of 1933 and any Acts amendatory thereof or supplemental thereto; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired: Provided, that no real property belonging to the city, the county, the State or any political subdivision thereof may be acquired without its consent. (b) Whenever condemnation proceedings are instituted and carried on by a municipality in accordance with Section 8 (a) or under any amendments thereof or through any other method of condemnation provided by law, upon the payment by such municipality seeking condemnation of the amount of the award and final judgment on appeal such municipality shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is hereby declared to be necessary, to enable such municipalities

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to exercise their powers hereunder, that upon such condemnation proceedings being had, that such municipalities shall become vested with fee simple indefeasible title to the property involved in such proceedings. Section 9. Disposal of property in urban redevelopment area . (a) A municipality may sell, lease or otherwise transfer real property or any interest therein acquired by it, and may enter into contracts with respect thereto, in an urban redevelopment area for residential, recreational, commercial, industrial or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban redevelopment plan, subject to such covenants, conditions and restrictions, including covenants running with the land (and including the incorporation by reference therein of the provisions of an urban redevelopment plan or any part thereof), as it may deem to be in the public interest or necessary or desirable to assist in preventing the development or spread of future slums or to otherwise carry out the purposes of this Act: Provided, that such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the urban redevelopment plan by the local governing body. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban redevelopment plan, and may be obligated to comply with such other requirements as the municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban redevelopment plan. Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban redevelopment plan. In determining the fair value of real property for uses in accordance with the urban redevelopment plan, a municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee

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or by the municipality retaining the property; and the objectives of such plan for the prevention of the recurrence of slum areas. The municipality in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease or otherwise transfer the real property without the prior written consent of the municipality until he has completed the construction of any and all improvements which he has obligated himself to construct thereon. Real property acquired by a municipality which, in accordance with the provisions of the urban redevelopment plan, is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban redevelopment plan. The inclusion in any such contract or conveyance to a purchaser or lessee of any such covenants, restrictions, or conditions (including the incorporation by reference therein of the provisions of an urban redevelopment plan or any part thereof) shall not prevent the filing of such contract or conveyance in the land records of the county in such manner as to afford actual or constructive notice thereof. (b) A municipality may dispose of real property in an urban redevelopment area to private persons only under such reasonable competitive bidding procedures as it shall prescribe or as hereinafter provided in this subsection. A municipality may, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the community, prior to the execution of any contract to sell, lease or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section, invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban redevelopment area, or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that such further information as is available may be obtained at such office as shall be designated in said notice. The municipality shall consider all such redevelopment

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or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out, and may negotiate with any persons for proposals for the purchase, lease or other transfer of any real property acquired by the municipality in the urban redevelopment area. The municipality may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this Act. The municipality may execute such contracts in accordance with the provisions of Subsection (a) and deliver deeds, leases and other instruments and take all steps necessary to effectuate such contracts. (c) A municipality may temporarily operate and maintain real property acquired in an urban redevelopment area pending the disposition of the property for redevelopment, without regard to the provisions of Subsection (a) above, for such uses and purposes as may be deemed desirable even though not in conformity with the urban redevelopment plan. Section 10. Issuance of bonds . (a) A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban redevelopment project under this Act, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans for urban redevelopment projects, and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban redevelopment projects under this Act: Provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban redevelopment projects of the municipality under this Act, and by a mortgage of any such urban redevelopment projects, or any part thereof, title to which is in the municipality.

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(b) Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (c) Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding six per centum (6%) per annum, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration, privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto. (d) Such bonds may be sold at not less than par at public sales held after notice published prior to such sale in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine or may be exchanged for other bonds on the basis of par: Provided, that such bonds may be sold to the Federal Government at private sale at not less than par, and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government, the balance may be sold at private sale at not less than par at an interest cost to the municipality of not to exceed the interest cost to the municipality of the portion of the bonds sold to the Federal Government.

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(e) In case any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this Act shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this Act shall be fully negotiable. (f) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this Act or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban redevelopment project, as herein defined, shall be conslusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of this Act. (g) Any urban redevelopment agency or housing authority, which a municipality shall have elected to have powers under Section 15 hereof, may also issue bonds as provided in this Section 10 in the same manner as a municipality, except that such bonds shall be authorized and the terms and conditions thereof prescribed by the commissioners of such urban redevelopment agency or housing authority, in lieu of the local governing body. Section 11. Bonds as legal investments . All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan investment companies and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this Act or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Section 15 of this Act: Provided

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that such bonds and other obligations shall be secured by an agreement between the issuer and the Federal Government in which the issuer agrees to borrow from the Federal Government and the Federal Government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities. Section 12. Property exempt from taxes and from levy and sale by virtue of an execution . (a) All property of a municipality, including funds, owned or held by it for the purposes of this Act shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against a municipality be a charge or lien upon such property: Provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this Act by a municipality on its rents, fees, grants or revenues from urban redevelopment projects. (b) The property of a municipality, acquired or held for the purpose of this Act, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the State or any political subdivision

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thereof; Provided, that such tax exemption shall terminate when the municipality sells, leases or otherwise disposes of such property in an urban redevelopment area to a purchaser or lessee which is not a public body. Section 13. Cooperation by public bodies . (a) For the purpose of aiding in the planning, undertaking or carrying out of an urban redevelopment project located within the area in which it is authorized to act, any public body may, upon such terms, with or without consideration, as it may determine: (1) dedicate, sell, convey or lease any of its interest in any property or grant easements, licenses or other rights or privileges therein to a municipality; (2) incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section; (3) do any and all things necessary to aid or cooperate in the planning or carrying out of an urban redevelopment plan; (4) lend, grant or contribute funds to a municipality; (5) enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this Act, including the furnishing of funds or other assistance in connection with an urban redevelopment project, and (6) cause public buildings and public facilities, including parks, playgrounds, recreational community, education, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places; plan or replan, zone or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality. If at any time title to or possession of any urban redevelopment project is held by any public body or governmental agency, other than the municipality, which is authorized by law to engage in the undertaking, carrying out, or administration of urban redevelopment projects (including any agency or instrumentality

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of the United States of America), the provisions of the agreements referred to in this section shall inure to the benefit of and may be enforced by such public body or governmental agency. As used in this subsection, the term municipality shall also include an urban redevelopment agency or a housing authority vested with all of the urban redevelopment project powers pursuant to the provisions of Section 15. (b) Any sale, conveyance, lease or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement or public bidding. (c) For the purpose of aiding in the planning, undertaking or carrying out of an urban redevelopment project of an urban redevelopment agency or a housing authority hereunder, a municipality may (in addition to its other powers and upon such terms, with or without consideration, as it may determine) do and perform any or all of the actions or things which, by the provisions of Subsection (a) of this section, a public body is authorized to do or perform, including the furnishing of financial and other assistance. (d) For the purposes of this section, or for the purpose of aiding in the planning, undertaking or carrying out of an urban redevelopment project of a municipality, such municipality may (in addition to any authority to issue bonds pursuant to Section 10) issue and sell its general obligation bonds. Any bonds issued by a municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by the laws of this State for the issuance and authorization of bonds by such municipality for public purposes generally. Section 14. Title of purchaser . Any instrument executed by a municipality and purporting to convey any right, title or interest in any property under this Act shall be conclusively presumed to have been executed in compliance with the provisions of this Act in so far as title

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or other interest of any bona fide purchasers, lessees or transferees of such property is concerned. Section 15. Exercise of powers in carrying out urban redevelopment project . (a) A municipality may itself exercise its urban redevelopment project powers (as herein defined) or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban redevelopment agency (created by Section 16) or by a housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban redevelopment agency or the housing authority, as the case may be, shall be vested with all of the urban redevelopment project powers of the municipality conferred herein in the same manner as though all such powers were conferred on such agency or authority instead of the municipality, and any public body may cooperate with such urban redevelopment agency or housing authority to the same extent that it could cooperate with the municipality itself if the municipality were exercising its urban redevelopment project powers. If the local governing body does not elect to make such determination, the municipality in its discretion may exercise its urban redevelopment project powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine. (b) As used in this section, the term urban redevelopment project powers shall include all of the rights, powers, functions, duties, privileges, immunities and exemptions granted to a municipality under this Act, except the following: the power to determine an area to be a slum area and to designate such area as appropriate for an urban redevelopment project; the power to approve and amend urban redevelopment plans; the power to establish a general plan for the locality as a whole; the power to formulate a workable program under Section 4; the powers, duties and functions referred to in Section 18 hereof; the power to make the determinations

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and findings provided for in Section 3, Section 5, and Section 6 (d); the power to issue general obligation bonds; and the power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in Section 7 (h). Section 16. Urban redevelopment agency . (a) There is hereby created in each municipality a public body corporate and politic to be known as the Urban Redevelopment Agency of the municipality: Provided, that such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the finding prescribed in Section 5 and has elected to have the urban redevelopment project powers exercised by an urban redevelopment agency as provided in Section 15. (b) If the urban redevelopment agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban redevelopment agency which shall consist of such number of commissioners with such terms of office as shall be determined by the local governing body. (c) A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. The powers of an urban redevelopment agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the

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commissioners present, unless in any case the by-laws shall require a larger number. Any persons may be appointed as commissioners if they reside within the area of operation of the agency (which shall be co-terminous with the area of operation of the municipality) and are otherwise eligible for such appointments under this Act. The mayor shall designate a chairman and vice-chairman from among the commissioners. An agency may employ an executive director, technical experts and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this Act shall file, with the local governing body, on or before March 31 of each year a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expense as of the end of such calendar year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency. (d) For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard in person or by counsel. Section 17. Interested public officials, commissioners or employees . No public official or employee of a municipality (or board or commission thereof), and no commissioner or employee of a housing authority or urban redevelopment agency which has been vested by a municipality with urban redevelopment project powers under Section 15 shall voluntarily acquire any interest, direct

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or indirect, in any urban redevelopment project, or in any property included or planned to be included in any urban redevelopment project of such municipality or in any contract or proposed contract in connection with such urban redevelopment project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban redevelopment project, he shall immediately disclose this act in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official, commissioner or employee shall not participate in any action by the municipality (or board or commission thereof), housing authority, or urban redevelopment agency affecting such property. Any disclosure required to be made by this section to the local governing body shall concurrently be made to a housing authority or urban redevelopment agency which has been vested with urban redevelopment project powers by the municipality pursuant to the provisions of Section 15. No commissioner or other officer of any housing authority, urban redevelopment agency, board or commission exercising powers pursuant to this Act shall hold any other public office under the municipality other than his commissionership or office with respect to such housing authority, urban redevelopment agency, board or commission. Any violation of the provisions of this section shall constitute misconduct in office. Section 18. Ordinances relating to repair, closing and demolition of dwellings unfit for human habitation . Any municipality may by ordinance require the repair, closing or demolition of dwellings or other structures intended for human habitation which are, as defined in such ordinance, unfit for human habitation or which may imperil the health, safety or morals of the occupants

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thereof or of surrounding areas. Such ordinance may include the following: (a) Definition of the construction, condition, facilities, ventilation and other conditions which shall render such structures unfit for human habitation or a nuisance; (b) Designation of a public official or officials with authority to enforce provisions of such ordinance and establishment of procedures therefor; (c) Provision for the enforcement of such ordinances by the police court of such municipality, as defined in Section 72-401 of the Georgia Code of 1933, which may include provision for the abatement thereof as nuisances, as provided in said Code section. Section 19. Definitions . The following terms wherever used or refferred to in this Act, shall have the following meanings, unless a different meaning is clearly indicated by the context: (a) Agency or urban redevelopment agency shall mean a public agency created by Section 16 of this Act. (b) Municipality shall mean any incorporated city or town in the State. (c) Public body shall mean the State or any municipality, township, village, board, commission, authority, district, housing authority, urban redevelopment agency, or any other subdivision or public body of the State. (d) Local governing body shall mean the council or other legislative body charged with governing the municipality. (e) Mayor shall mean the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality. (f) Clerk shall mean the clerk or other official of

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the municipality who is the custodian of the official records of such municipality. (g) Federal Government shall include the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. (h) Slum area shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. (i) Urban redevelopment project may include undertakings or activities of a municipality in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums, and may involve slum clearance and redevelopment in an urban redevelopment area, or rehabilitation or conservation in an urban redevelopment area, or any combination or part thereof in accordance with an urban redevelopment plan. (j) Slum clearance and redevelopment may include (1) acquisition of a slum area or portion thereof; (2) demolition and removal of buildings and improvements; (3) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this Act in accordance with the urban redevelopment plan; and (4) making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality itself) at its

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fair value for uses in accordance with the urban redevelopment plan. (k) Rehabilitation or conservation may include the restoration and redevelopment of a slum area or portion thereof, in accordance with an urban redevelopment plan, by (1) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (2) acquisition of real property and demolition or removal of buildings and improvements thereon where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of slums or deterioration, or to provide land for needed public facilities; (3) installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this Act; and (4) the disposition of any property acquired in such urban redevelopment area (including sale, initial leasing, or retention by the municipality itself) at its fair value for uses in accordance with such urban redevelopment plan. (l) Urban redevelopment area means a slum area which the local governing body designates as appropriate for an urban redevelopment project. (m) Urban redevelopment plan means a plan, as it exists from time to time, for an urban redevelopment project, which plan shall (1) conform to the general plan for the municipality as a whole; and (2) be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the urban redevelopment area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities,

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recreational and community facilities, and other public improvements. (n) Real property shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise. (o) Bonds shall mean any bonds (including refunding bonds), note, interim certificates, certificates of indebtedeness, debentures or other obligations. (p) Obligee shall include any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with an urban redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the municipality. (q) Person shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity. (r) Area of operation shall mean the area within the corporate limits of the municipality and the area within five miles of such limits, except that it shall not include any area which lies within the territorial boundaries of another incorporated city or town unless a resolution shall have been adopted by the governing body of such other city or town declaring a need therefor. (s) Housing authority shall mean a housing authority now or hereafter created by and established pursuant to the Housing Authorities Law, approved March 30, 1937 (Ga. Laws 1937, pp. 210-230), as amended. (t) Board or commission shall mean a board, commission,

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mission, department, provision, office, body or other unit of the municipality. Section 20. Separability; Act controlling . Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. In so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. The powers conferred by this Act shall be in addition and supplemental to the powers conferred by any other law. All laws in conflict herewith are hereby repealed. Approved March 3, 1955. MOTOR FUEL TAX ACT AMENDED. Code 92-1407 Amended. No. 176 (House Bill No. 221). An Act to amend Section 92-1407 of the 1933 Code of Georgia, relating to reporting tax under the Motor Fuel Tax Law, as amended by the Motor Fuel Tax Law approved March 18, 1937 (Ga. Laws 1937, pp. 167, 186) and as further amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1115), so as to eliminate issuing annual motor fuel refund permits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-1407 of the 1933 Code of Georgia, relating to reporting tax under the Motor Fuel Tax

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Law, as amended by the Motor Fuel Tax Law approved March 18, 1937 (Ga. Laws 1937, pp. 167, 186) and as further amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1115), is hereby amended by striking from the first paragraph of Subsection (E) the sentence, Such permits shall be issued on an annual basis and shall expire at the end of each fiscal year., so that the first paragraph of Subsection (E) when so amended shall read as follows: Code 92-1407 amended. (E) Every person selling motor fuel and/or kerosene at retail shall be entitled to a refund of two percent (2%) of all taxes imposed by the State of Georgia on any such motor fuel and/or kerosene sold at retail by such persons, to cover losses in evaporation and expenses in collecting the tax for the State, subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assignable and any assignment thereof shall be utterly void and of no effect, nor shall any payment thereof be made by the Treasurer of the State to any person other than the original person entitled thereto selling motor fuel and/or kerosene at retail as above set forth in this subsection. Provided, however, that no persons be entitled to a refund under this subsection unless such person is the holder of an unrevoked refund permit to be issued to such person by the Commissioner of Revenue upon application as hereinafter provided. The application for such permit shall be in such form as the Commissioner of Revenue may require to enable him to determine the right of the applicant to obtain refunds under this subsection. The application shall be signed by the applicant and duly verified. Permits so issued shall be numbered and each application for refund made under this section shall contain applicant's permit number. Refunds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955.

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EMPLOYMENT OF ALIENS. No. 177 (Senate Bill No. 68). An Act to amend an Act entitled An Act to prohibit the State of Georgia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no qualified American citizen available., approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 189), so as to authorize the employment of certain aliens under certain conditions by institutions of the University System of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to prohibit the State of Georgia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia or in any of its departments or political subdivisions any alien except where there is no qualified American citizen available., approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 180), is hereby amended by adding the following to the end of Section 1: Provided, however, that any institution of the University System of Georgia may employ any alien who is attending such institution as a student, and any such institution may employ an alien for a period of time not to exceed one year, or enter into exchange professorship agreements with institutions, foreign or otherwise, where aliens are involved, for a period of time not to exceed one year, all subject to the restrictions of this proviso but without regard to the remainder of this section., so that when so amended Section 1 shall read as follows: Sec. 1, Act of 1938, amended. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act that no department of the State Government

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or any political subdivision thereof shall employ any alien for any purpose until a thorough investigation has been made and it is ascertained that there is no qualified American citizen available to perform the duty desired by the State of Georgia, any department thereof or any political subdivision thereof. Provided, however, that any institution of the University System of Georgia may employ any alien who is attending such institution as a student, and any such institution may employ an alien for a period of time not to exceed one year, or enter into exchange professorship agreements with institutions, foreign or otherwise, where aliens are involved, for a period of time not to exceed one year, all subject to the restrictions of this proviso but without regard to the remainder of this section. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. FEES OF SHERIFFS. Code 24-2823 Amended. No. 178 (House Bill No. 121). An Act to amend Section 24-2823 of the Code of Georgia, relative to the enumeration of sheriff's fees, as amended, so as to change certain of the fees contained therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 24-2823 of the Code of Georgia, relative to the enumeration of sheriffs' fees, as amended, is hereby amended by striking in their entirety the provisions thereof and inserting in lieu thereof new provisions as follows:

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24-2823. Fees enumerated.For summoning each juror, grand or traverse, drawn to serve at any regular term of any city or superior court; or any tales juror, grand or traverse, drawn during any term of any city or superior court, the sum of $1.00. In all counties in this State where the sheriff is paid a salary only, the provisions of this section shall apply as far as fees to be charged but all such fees shall be turned over to the county treasurer or fiscal officer of such county. Fees. Civil Cases . Serving copy of a process and returning original per copy $ 5.00 Suit from another county, to be paid in advance 5.00 Summoning each witness 1.00 Summoning jury and attending trial to assess damage for right of way 5.00 Service in every case before a jury 2.00 Each levy of fieri facias 5.00 Search and return of nulla bona 3.00 Serving summons of garnishment, or rule against garnishee 5.00 If more than one, for each additional copy 2.00 Summoning jury, case of nuisance, each juror 1.00 Each juror in any county court 1.00 Each juror for the superior court or city court 1.00 Commissions on sales of property, on sums of $50 or less, 5 percent. On excess above $50 up to $550, 2 percent. For all sums exceeding $550. on excess, 1 percent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land $ 5.00 If presented by purchaser 2.50 Executing bill of sale to personal property, when demanded by purchaser 3.00 Forthcoming bonds 4.00 Serving process against tenant holding over, or intruder upon land to dispossess them 4.00 For dispossessing tenant or intruder 9.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 4.00 Settling each execution in his hands, settled without sale 4.00 Settling execution from justice's court 3.00 Keeping horse or mule per day 1.00 Each head of cattle, per day .50 Each head of sheep, hogs, or goats, per day .50 Levying an attachment 4.00 Following property out of county with attachment, for every mile going and returning .12 Attending, superior or city courts, per day 10.00 Courts of ordinary, per day 5.00 At elections as required by law, each day 10.00 Collecting tax fi. fa's. $100 or less, each 1.00 Collecting tax fi. fa's. over $100, each 3.00 The per diem for attendance on courts and elections, and service in summoning jurors shall be paid by the county. Criminal Cases . Removing prisoner when habeas corpus is sought for his relief $5.00 Removing prisoners under habeas corpus when no mileage is paid, per day 5.00 Personal services rendered out of the county on official business authorized by the county authorities, per day and actual expenses 10.00 Attending person taken by warrant to judges chamber, for each time 2.50 Conducting prisoner before judge or court to and from jail 2.00 Executing and returning a bench warrant 6.00 Apprehending a person suspected, if committed or held to bail 6.00 Each person, not exceeding two, who may be employed to guard a prisoner to and from jail, per day 2.50 Summoning each witness 1.00 Taking bonds in criminal cases 4.00 Executing a criminal 10.00 Executing a warrant of escape 4.00 Services in every criminal case before a judge or a judge and jury 3.00 Mileage fees, fees for executing criminals and for guard, fees for subpoenaing witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances. For turning key on receiving prisoners in county jail 1.00 For discharging prisoners 1.00 For feeding prisoners confined in the common jail, such fees as may be fixed by the fiscal authorities of the county who are authorized by law to fix such fees. The jail fees herein provided shall be paid monthly by the county, provided that local laws regulating county jails or fixing salaries for jailers or their fees shall not be repealed by this provison. All costs arising from services rendered in felony cases shall be paid from county funds, whether the defendant is convicted or acquitted. Sheriffs shall be entitled to receive the fees provided for in this section for all arrests in all criminal cases, tried or otherwise disposed of in the superior, city and ordinary's court. No local law shall be affected hereby: Provided, that if provisions be made by local or special law for special compensation, the sheriff shall not be entitled to compensation both under this section and under such local or special law, unless specifically provided for under such local or special law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. PEACE OFFICERS ANNUITY AND BENEFIT FUNDINVESTMENTS. No.179 (House Bill No. 531). An Act to amend an Act entitled An Act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; to provide for a commission to receive and disburse such funds; to provide for a method of payment of such fund to beneficiaries thereof

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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), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. session, p. 574), and an Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. session, p. 488), so as to authorize the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia to invest the funds in investments which are legal investments for insurance companies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; to provide for a commission to receive and disburse such funds; to provide for a method of payment of such fund to beneficiaries thereof, and for other purposes., approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. session, p. 574), and an Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. session, p. 488), is hereby amended by striking from Section 4 the words trust funds and inserting in lieu thereof the words insurance companies, so that when so amended Section 4 shall read as follows: Section 4. The board of commissioners, as provided herein, shall have such control of the funds provided for in this Act, not inconsistent with the provisions of this Act and with general State laws. All funds received by the board of commissioners shall be deposited in a special account to be known as the Peace Officers Annuity and Benefit Fund of Georgia. The said board shall have authority to expend the funds in accordance with provisions of this Act, and to invest any of the funds so received in any investments, which are legal

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investments, for insurance companies under the laws of the State of Georgia. Investments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. SALES TAX ACT AMENDEDCONTRACTORS. No. 180 (House Bill No. 214). An Act to amend an Act entitled, The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to provide that contractors shall be deemed to be consumers under this Act and liable for sales and use tax on all tangible personal property used in fulfilling a contract; to provide that contractors shall be liable for tax on the rental value of machines used by the contractors in performing services; to provide that subcontractors shall be primarily liable on tangible personal property consumed and that the prime or general contractor shall withhold sufficient funds from its contract payments to the subcontractor to satisfy all sales tax due this State by the subcontractor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding to said Act a new section to be numbered 4 (a), which shall provide as follows: 4 (a). Any person who contracts, either orally, in writing or by purchase order, to furnish tangible personal property and perform services thereunder within this State, shall be deemed to be the consumer of the tangible

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personal property, and shall pay the sales tax levied by this Act at the time of the purchase. Any person so contracting who fails to pay the sales tax thereon at the time of the purchase or the sale is consumated without the limits of this State, shall be liable for the payment of the sales or use tax; provided, however, this section does not relieve the dealer under this Act who made the sale from his liability to collect and pay the tax on purchases by a contractor. Any person who contracts to perform services in this State and is furnished tangible personal property for use under the contract by the person, or his agent or representative, for whom the contract is performed and a sales or use tax has not been paid to this State by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used and shall pay such use tax on the fair market value of the tangible personal property, irrespective of whether or not any right, title or interest in the tangible personal property becomes vested in the contractors. Any person who contracts, either orally, in writing, or by purchase order, to perform any service, and the principal part of that service is the furnishing of the machinery which will not be under the exclusive control of the contractor, shall be liable to collect a sales tax on the rental value of the machine so used, and if labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price. Any person who subcontracts with a general or prime contractor shall be liable under the Georgia Retailers' and Consumers' Sales and Use Tax Act as a general or prime contractor, provided however, that the general or prime contractor shall withhold up to 3% of the payments due to the subcontractor arising out of the contract entered into between the general and prime contractor

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in satisfaction of any sales or use taxes owed this State. It shall be the duty of the prime or general contractor to withhold such payments until the subcontractor shall furnish him with a certificate issued by the State Revenue Commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 3% of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owing this State by the subcontractor. Whenever a contractor holding a contract with a general or prime contractor shall have posted with the Commissioner of Revenue or his delegate a good and valid bond in a surety company authorized to do business in this State, or legal securities, in an amount not less than $1,000.00 or more than $10,000.00, as determined by the Commissioner of Revenue or his delegate, conditioned that all sales and use taxes which may accrue to the State of Georgia on account of the execution of subcontracts by subcontractors will be paid when due, and when such bond or legal securities are so posted then no general or prime contractor shall withhold any sums owing to the subcontractor under their contract with respect to sales and use taxes. Section 2. Nothing in this amendatory Act shall be construed to affect or limit the resale exemption or the industrial materials exemption provided for in the Georgia Retailers' and Consumers' Sales and Use Tax Act as amended; nor shall anything contained herein be construed to impose any sales or use tax with respect to the use in the performance of contracts with the United States of tangible personal property owned by the United States, which is not actually used up and consumed in the performance thereof. Tangible personal property incorporated in real property construction which loses its identity as tangible personal property shall be deemed

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to be used up and consumed within the meaning of this section. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. HIGHWAYSLOAD LIMIT OF VEHICLES. Code 68-405 Amended. No. 181 (Senate Bill No. 106). An Act governing and regulating the use of the public roads and highways of this State, according to recommendations of the Highway Transport Committee of the American Association of State Highway Officials and the United States Bureau of Public Roads, in the interest of public safety and the protection and preservation of the public roads and highways of this State, by vehicles and parts of vehicles; to provide for weights of loads by amending Section 1, Subsection (b), Acts 1941, page 451, same being codified as Section 68-405 Subsection (b), Georgia Code 1933; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 1, Subsection (b), Acts 1941, page 451 same being codified as Section 68-405, Subsection (b), Georgia Code 1933, be and the same is hereby amended by adding the following at the end of said Subsection (b) and immediately after the last sentence ending with the words vertical planes 40 inches apart. If the driver of any vehicle can comply with the requirements of this section by shifting or equalizing the load on all wheels or axles and does so when requested

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by the proper authority said driver shall not be held to be operating in violation of this section. Section 2. That said section when so amended shall read as follows: (b) No wheel equipped with high pressure, pneumatic, solid rubber or cushion tires shall carry a load in excess of 8,000 pounds, or any axle load in excess of 16,000 pounds; no wheel equipped with low-pressure pneumatic tires shall carry a load in excess of 9,000 pounds, or any axle load in excess of 18,000 pounds; axle load shall be defined as to the total load on all wheels whose centers may be included between two parallel trayerse vertical planes 40 inches apart. If the driver of any vehicle can comply with the requirements of this section by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority said driver shall not be held to be operating in violation of this section. New matter. Section 3. All laws or parts of laws of this State which are inconsistent and/or in conflict with the provisions of this Act are hereby repealed. Approved March 3, 1955. INSURANCE COMPANIESAUTHORIZED INVESTMENTS. Code 56-224 Amended. No. 182 (Senate Bill No. 99). An Act to amend Section 56-224 of the Code of Georgia, relating to authorized investments by insurance companies, as amended, particularly by an Act approved March 31, 1937 (Ga. Laws 1937, p. 462), so as to authorize additional investments for insurance companies;

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to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 26-224 of the Code of Georgia, relating to authorized investments by insurance companies as amended, particularly by an Act approved March 31, 1937 (Ga. Laws 1937, p. 462), is hereby amended by striking Paragraph (a) in its entirety and inserting in lieu thereof a new Paragraph (a), to read as follows: (a) Any and all bonds or securities issued by the United States of America, the District of Columbia, or any State of the United States, or any county or city therein; bonds of any township or school district therein; bonds issued by the Federal Land Banks under provisions of the Act of Congress of July 17, 1916, its amendments and supplements; bond and securities issued by any political subdivision, authority, unit, or other corporate body created by the United States Government, or the government of any State. Section 2. Said section is further amended by striking in its entirety Paragraph (j) and inserting in lieu thereof a new Paragraph (j), to read as follows: (j) Common stocks of solvent railroads, street railways, and other utility corporations and industrial corporations which are listed on an established stock exchange, or regularly traded and on which quotations are readily available, where, prior to the date of acquisition of the stock, the company issuing such stock has maintained and paid dividends thereon for three consecutive years, and the current earnings of such company issuing such stock have been sufficient in each of such three consecutive years to fully pay the dividends. Section 3. Said section is further amended by striking in its entirety Paragraph (1) and inserting in lieu thereof a new Paragraph (1), to read as follows:

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(1) Securities insured by the Federal Housing Administrator, or debentures issued by such Administrator, and securities insured or guaranteed by the United States Veterans Administration, or other United States Government body insuring or guaranteeing securities. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. GEORGIA COMMISSION ON EDUCATION. No. 37 (Senate Resolution No. 32). A Resolution. To amend the resolution approved December 10, 1953, establishing the Georgia Commission on Education, defining its duties and authority and providing funds therefor; so as to direct said commission to submit findings and drafts of suggested laws to each session of the General Assembly held during the continuance of said commission; and so as to authorize said commission to print and distribute bulletins and periodicals under the direction of the chairman; and for other purposes. Whereas, legislation in respect of education may be necessary at subsequent sessions of the General Assembly, and Whereas, public information on the subject is desirable and in the public interest; It is therefore resolved by the Senate and House of Representatives as follows: One. The resolution approved December 10, 1953, and entitled A resolution to establish the Georgia

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Commission on Education, to define its duties and authority, and to provide therefor such funds as are necessary to effectuate the purposes thereof., is hereby amended by adding two additional sections to be known as Sections Twelve and Thirteen, as follows, to wit: Twelve. Said commission is directed to submit to each session of the General Assembly hereafter held and until such time as said commission shall be terminated as provided in Section Eleven, drafts of suggested laws with reference to education for the consideration of the General Assembly, together with comments of the commission thereon; and the same shall be printed and distributed at each such session to the members of the General Assembly, and to the public and the press. Thirteen. Said commission, as authorized by the chairman, may from time to time print and distribute to the members of the General Assembly, and to the public and the press, such bulletins and periodicals as may be prepared under the direction of said commission and deemed informative of legal and factual situations which may from time to time develop in this and other States in respect of education; and as directed by the chairman said commission may cooperate with other States in printing and distributing such bulletins and periodicals. Approved March 3, 1955. CHATUGE LAKE PARK. No. 38 (Senate Resolution No. 5). A Resolution. To designate that area acquired pursuant to a resolution approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. session, p. 131) as the Chatuge Lake Park.

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Whereas, the Governor and the Director of State Parks have acquired lands from the Tennessee Valley Authority in the Chatuge Lake Area pursuant to a resolution approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 131); and Whereas, the authority was therein granted to develop the acquired area into a State Park; Now, therefore, be it resolved by the General Assembly of Georgia, that the area acquired pursuant to the authority of the above resolution be designated and known as Chatuge Lake Park. Approved March 3, 1955. INSURANCE ON AUTOMOBILE FURNISHED GOVERNOR. No. 39 (Senate Resolution No. 160-528e). A Resolution. Authorizing the coverage by property and liability insurance of the automobile furnished to the Governor for his official use by the State, and to pay the premiums therefor; and for other purposes. Whereas, there is no insurance coverage on the automobile furnished by the State of Georgia to the Governor for his official use; Therefore be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia is hereby authorized to obtain property and liability insurance coverage on the automobile furnished to him by the State for his official use, and the Executive Department is authorized to reimburse the Governor for the cost of the premiums paid out by him for such insurance. Approved March 3, 1955.

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PAYMENT FOR FIRST COMMERCIAL OIL WELL. Proposed Amendment to the Constitution. No. 41 (House Resolution No. 57-197a). A Resolution. Proposing an amendment to the Constitution so as to provide for the payment of $250,000.00 in connection with the bringing in of the first commercial oil well in this State; 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: Section 1. Article VII, Section I, Paragraph II, Subparagraph I of the Constitution, relative to gratuities, as amended by an amendment ratified in 1950, and found in Georgia Laws 1950, p. 480, is hereby amended by striking the language added by said 1950 amendment, which reads as follows: Provided, however, that the General Assembly is hereby authorized to provide by law for the payment of one hundred thousand dollars ($100,000.00) to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia, provided said commercial oil well shall be a well producing at least 250 barrels of oil per day as determined by State Geologist. and by substituting in lieu thereof the following: The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day and the determination as to whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Said law shall provide for the distribution of said amount as the

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General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor. so that Subparagraph I when so amended shall read as follows: Art. VII, Sec. I, Par. II. 1. The General Assembly shall not by vote, resolution, or order grant any donation or gratuity in favor of any person, corporation or association. The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor. 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

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1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph. 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 Governor to pay the sum of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm, corporation, or combination thereof, in bringing in the first commercial oil well in this State. Against ratification of amendment to Constitution so as to authorize the Governor to pay the sum of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm, corporation, or combination thereof, in bringing in the first commercial oil well in this State. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 3, 1955.

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LAKE LANIER STATE PARK. No. 42 (Senate Resolution No. 17). A Resolution. Proposing the development of a State park in the Buford dam reservoir area; and for other purposes. Whereas, upon the completion of the Buford dam, certain areas in the Buford dam reservoir area would be ideally situated for State park purposes; and Whereas, the Buford dam area will furnish great natural facilities for recreation; and Whereas, the development of a State park would be of untold benefit to the citizens of the Buford dam reservoir area and the State of Georgia as a whole; Now, therefore, be it resolved by the General Assembly of Georgia, that the Director of the Department of State Parks is hereby ordered and directed to investigate the possibilities relative to the acquisition of property in the Buford dam reservoir area for the purpose of developing a State park thereon located near the Buford dam facilities. Be it further resolved, that upon funds being appropriated for such purpose, it shall be the duty of the State Parks Department to acquire and develop a State park as aforesaid and the name of such park shall be the Lake Lanier State Park. Approved March 3, 1955.

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TARIFF LEGISLATIONMEMORIAL TO CONGRESS. No. 43 (Senate Resolution No. 45). A Resolution. Whereas; the growing of cotton is one of the basic agricultural activities of our State providing employment and cash incomes for thousands of Georgia farmers and their families; and Whereas; the manufacture of cotton and other fibres into yarns and fabrics and garments and other finished products constitutes Georgia's largest industrial enterprise, furnishing jobs and payrolls to more than 150,000 Georgia workers in hundreds of Georgia cities and communities; and Whereas; the American markets for the products of our cotton farms and of our textile mills and garment factories are being threatened with destruction by cheap foreign materials imported into this country, principally from Japan; and Whereas; a substantial part of these foreign goods are being produced from cotton grown in Mexico, India and Brazil, but with money loaned to the Japanese by the United States Government; and Whereas; the imported goods from Japan are manufactured by workers whose wages are only 13.6 an hour in Japanese textile mills, and only 11.0 an hour in Japanese garment plants, as compared with wages ten times as high in similar plants in the United States; and Whereas; it is impossible for Georgia farmers and Georgia factories to compete in our home markets with nations having a 90% labor cost advantage; and Whereas; the United States tariffs on textile yarns

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and fabrics and garments are already so low that cheap goods from Japan and other low-wage countries are already flooding American markets with consequent loss of jobs and earnings to American workers; and Whereas; further tariff reductions on 90% of the cotton products produced in this nation are being proposed under the Reciprocal Trade Agreements Act, thereby giving foreign farmers and low-wage workers a still greater advantage in our home markets. Now, therefore be it resolved by the General Assembly of Georgia in regular session, this the 15th day of February, 1955, that, the President of the United States and the Congress of the United States be, and are hereby memorialized as follows: That in the administration of our tariff policies and in the enactment of new tariff legislation adequate and effective safeguards be provided and enforced to protect the home markets for the products of our cotton farmers, to maintain our high standard of living that is the envy of the rest of the world, and to protect American workers and their jobs and their wage levels from the destructive competition from foreign workers and factories; and Be it further resolved, that a copy of this resolution be transmitted by the Governor of Georgia to the President of the United States, to the Secretary of State and to the Georgia Senators and Representatives in the United States Congress. Approved March 3, 1955.

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INSANE PERSONSCOMMITTEE TO STUDY LAWS. No. 44 (House Resolution No. 132). A Resolution. To provide for appointment of a committee of the General Assembly to make a study of Georgia laws regarding commitment and release of persons in the Milledgeville State Hospital. Whereas, there has been grave and serious conflict in the law of Georgia regarding the committing of and releasing of patients in the Milledgeville State Hospital; and Whereas, the Georgia law provided in Title 35 and in Title 49 of the 1933 Code of Georgia contain ambiguities and conflict with each other regarding the commitments and release of patients in the Milledgeville State Hospital: Now, therefore, be it resolved by the General Assembly of Georgia that the President of the Senate and the Speaker of the House of Representatives appoint a committee to be composed of three members from the House and two members from the Senate to study the laws of Georgia affecting the admission, commitment and release of patients in the Milledgeville State Hospital, and make recommendations to this body at its next regular session. Said committee shall meet for six days. Approved March 3, 1955.

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EFFINGHAM BOARD OF EDUCATIONELECTION. Proposed Amendment to the Constitution. No. 45 (House Resolution No. 61-211b). 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 Effingham County by the people; to provide for the procedure connected therewith; to provide for the 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: 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 Effingham County shall be composed of five members who shall be elected by the people of said county. The board shall be composed of a resident of each militia district of Effingham County. One member of the board shall be elected from each of the five militia districts by the voters of Effingham County. In order to be eligible for membership on said board, a person must be a freeholder, at least thirty years of age, of good moral character and eligible for election to the General Assembly, and shall have lived in Effingham County for five continuous years immediately preceding the date of the election. Not less than five nor more than ten days after the date of ratification of this amendment, the Ordinary of Effingham County shall issue a call for an

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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. It shall be the duty of the ordinary to publish the date of the election, the purpose thereof, and a brief description of the voting procedure once a week for the two weeks immediately preceding the date thereof in the official organ of Effingham County. The five persons elected at said election shall take office January 1, 1957 and their terms shall expire December 31, 1960. Their successors and all future successors shall be elected at the general election in the year in which their terms of office expire and they shall take office on January 1 following their election. The terms 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 Board of Education of Effingham County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1956, and the terms of office of all members of such board shall expire on such date. After the ratification of this amendment, the grand jury of Effingham County shall appoint no new members to the board, but the term of any member serving at the time this amendment is ratified is hereby extended to December 31, 1956, even though such term would have expired prior to that date. 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

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I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph. 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 Effingham 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 Effingham 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 3, 1955. WATER LAW REVISION COMMISSION. No. 46 (House Resolution No. 131-449E). A Resolution. To create the Georgia Water Law Revision Commission; to survey the water laws and problems of this State;

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to provide the membership, duties and compensation; to provide for a report to the 1956 session of the General Assembly and all regularly convened sessions thereafter; to provide for partial reports; to provide for public hearings; to repeal conflicting laws; and for other purposes. Whereas, the use of the streams and water within this State has greatly increased; and, Whereas, the conservation and the proper use of the water resources of this State are important factors in the development of this State and the welfare of its people; and, Whereas, the conservation and proper use of the streams and surface and subterranean water within this State is vital to the growth of agriculture, the expansion of industry within this State and to the health of its people; and, Whereas, it is desirable to have a survey of stream and water use conditions now existing; and, Whereas, legislation affecting the conservation and use of streams and surface and subterranean water should be based on future growth and demands and on a study of the overall conditions within this State; and, Whereas, a commission would be the best method to obtain an accurate survey and report; Now therefore be it resolved by the General Assembly of Georgia: Section 1. There is hereby created a Georgia Water Law Revision Commission. Section 2. The Commission shall be composed of a chairman, who shall be the Secretary of the Department of Commerce. One member shall be the Commissioner

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of Agriculture, one member to be Director of Game and Fish and Director of Public Health. Eleven members from the State at large shall be appointed by and shall serve at the pleasure of the Governor. Members. Section 3. The members of the commission shall serve without compensation except for expenses incurred in the transaction of the duties of the commission. Compensation. Section 4. The commission shall make studies and recommend legislation regarding pollution of the streams within this State from industrial and governmental uses. The commission shall make studies and recommend legislation as to the conservation of and the use of water for irrigation, industrial, domestic and governmental uses. The commission shall report to the 1956 session of the General Assembly, and to each regularly convened session thereafter. Such recommendations may be partial in form and in reference to all, or to any one or any part thereof of the river basins within this State as such commission may from time to time complete its studies, but nothing herein shall be deemed to limit the scope and duties of this commission, but such scope and duties shall embrace all of the water sheds and river basins of this State. Duties. Section 5. The commission may exercise any duties required to enable this State to participate in any present or future program of the Federal Government relating to water conservation, flood control or pollution control. The commission shall cooperate with Federal and State agencies and is hereby authorized to receive funds, gifts or grants from any such agency, government or person. State and Federal agencies. Section 6. The Governor is authorized to provide such clerical and technical assistants to aid the commission in the performance of its duties as he may deem necessary, and to fix their compensation. The Attorney General shall be counsel for the commission.

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Section 7. Said commission is directed to inquire into the water, stream pollution and sanitation laws of this State, of neighboring States, and all pertinent provisions of the Constitution and statutes of this State, as well as the Constitution and laws of the United States; to receive suggestions and statements from interested persons, groups, and all governmental agencies and to make investigations and inquiries as will in its judgment assist in the discharge of the duties conferred upon it. Said commission is authorized from time to time to print and distribute reports of its findings and recommendations, as it deems expedient. Investigations and reports. Section 8. Such funds as are necessary to effectuate the purposes of this resolution shall be made available by the Bureau of the Budget from funds 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 the commission. Funds. Section 9. The commission shall have full and complete authority and control regarding such matters, any board or agency of the State Government or laws to the contrary notwithstanding, and is hereby designated the official agency of the State regarding such matters. Nothing in this resolution shall be construed to affect the Georgia Waterways Commission created by a resolution approved December 10, 1953, or to repeal that resolution. Approved March 3, 1955. GRANTS TO HOSPITALS AND PUBLIC HEALTH CENTERS. No. 189 (House Bill No. 7). An Act to amend an Act authorizing the State of Georgia to make grants to assist in the construction of public

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hospitals and public health centers, approved February 7, 1949 (Ga. Laws 1949, p. 263), as amended by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 214), so as to increase the coverage of said Act; to change the citation of the Federal Act; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the State of Georgia to make grants to assist in the construction of public hospitals and public health centers, approved February 7, 1949 (Ga. Laws 1949, p. 263), as amended by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 214), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows: Sec. 1, Acts of 1949, 1953 amended. Section 1. That the State of Georgia is hereby authorized to make grants to any county, municipality, or any combination of the same, or any hospital authority to assist in the construction of publicly owned and operated hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities, and nursing homes. (a). Grants made pursuant to this Act shall be in an amount equal to one-third (1/3) of the allowable cost of construction of such publicly owned and operated hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities, and nursing homes, provided, that such a grant shall not exceed $500,000.00 to projects under construction or pending and awaiting approval upon the passage of this Act or any projects submitted for approval after the passage of this Act. Grants. (b). In the event the ratio of Federal grants authorized under Title VI of the Public Service Act, as amended, is increased by Act of the Congress, the ratio of State grants authorized under this Act may bear a reduced per centum of the cost of such construction, provided that

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the aggregate of Federal and State grants shall not be less than 66 2/3 per centum of the total allowable cost of such construction. (c). Grants made pursuant to this Act shall be in date sequence of approval for Federal funds by the Surgeon General of the United States Public Health Service. (d). No part of the net earnings of publicly owned and operated hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities and nursing homes constructed with the assistance of a grant under this Act shall inure to the benefit of any private corporation or individual. (e). Any grant made pursuant to this Act shall be contingent on the approval for that project of a Federal grant approved by the Surgeon General of the U. S. Public Health Service, under the provisions of Title VI of the Public Health Service Act, as amended. Section 2. Said Act is further amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2, to read as follows: Sec. 2 amended. Section 2. That in order to assist the several counties, municipalities or any combination of the same; or any hospital authorities created under the Hospital Authorities Law, such funds as are appropriated for each fiscal year for the construction of publicly owned and operated hospitals, health centers, diagnostic or treatment centers, rehabilitation facilities, and nursing homes shall be expended in accordance with the provisions of this Act. Section 3. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3, to read as follows: Sec. 3 amended. Section 3. That the State Board of Health is to be the sole agency for the administration of these State funds and that the administration of these funds will be done

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in direct conjunction with the administration of Federal funds under Title VI of the Public Health Service Act, as amended. State Board of Health. Section 4. Said Act is further amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4, to read as follows: Sec. 4 amended. Section 4. That the terms hospital, public health center, diagnostic or treatment center, rehabilitation facility, nursing home, and construction or cost of construction whenever used or referred to in this Act shall have the same meanings as respectively ascribed to them in Title VI of the Public Health Service Act, as amended. Definitions. Section 5. Said Act is further amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5, to read as follows: Sec. 5 amended. Section 5. That the establishment of hospital service areas, the determination of relative need, the priority of projects, and the standards of construction shall be consistent with Title VI of the Public Health Service Act, as amended, and the Federal regulations prescribed thereunder. Federal standards. Section 6. Said Act is further amended by striking in its entirety paragraph (d) of Section 7 and inserting in lieu thereof a new paragraph (d), to read as follows: Sec. 7 amended. (d) If any publicly owned and operated hospital, health center, diagnostic or treatment center, rehabilitation facility or nursing home for which funds have been paid under this section shall at any time within 20 years after the completion of construction be sold or used for any purpose contrary to the provisions under which the grant was made, and such change in use is not approved by the State Board of Health, the State of Georgia shall be entitled to recover from either the transferor or the transferee such per centum of the then value of such publicly owned and operated hospital, health center,

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diagnostic or treatment center, rehabilitation facility or nursing home as the State grant bore to the total construction cost of that publicly owned and operated hospital, health center, diagnostic or treatment center, rehabilitation facility, or nursing home, as determined by agreement of the parties or by action brought in court in the due process of law. Use contrary to grant. Section 7. Provided however, that any provisions of this Act to the contrary notwithstanding no State appropriated funds shall be committed or expended for the purpose of aiding in the cost of diagnostic or treatment centers, hospitals for chronically ill, rehabilitation facilities, or nursing homes until the General Assembly has appropriated funds in the General Appropriation Act for the specific purposes enumerated in the provisions of this section. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. BANK LOANS. Code 13-2013 Amended. No. 191 (Senate Bill No. 23). An Act to amend Section 13-2013 of the Code of Georgia of 1933, relating to the limit of loans by banks, as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 201), so as to provide for the limitation of 20% of capital and surplus on temporary loans to counties, municipalities, political subdivisions and county boards of education when such loans are made under the provisions of Article VII, Section VII, Paragraph IV, of the Constitution of Georgia of 1945, as amended, authorizing temporary loans; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 13-2013 of the Code of Georgia of 1933, relating to the limit of loans by banks, as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 201), is hereby amended by adding before the last sentence of said section the following sentence: Provided, that a bank shall be allowed to lend up to 20% of its capital and unimpaired surplus to any one county, municipality, or political subdivision of the State authorized to levy taxes, on loans made under the provisions of Article VII, Section VII, Paragraph IV of the Constitution of Georgia of 1945, as amended.: so that when so amended Section 13-2013 shall read as follows: Code 13-2013 amended. Code Section 13-2013. Loans by Bank, Limit of.No bank shall be allowed to lend to any one person, firm or corporation more than 20% of its capital and unimpaired surplus; and in the event that a loan, or loans, to any one person, firm or corporation, aggregate an amount in excess of 10% of the capital and surplus, the entire amount of such loan or loans shall be secured by good collateral or other ample security, and made with the approval of a majority of the directors, or of a committee of the board of directors authorized to act, which approval shall be evidenced by the written signature of said directors or the members of said committee. In estimating loans to any person, all amounts loaned to firms and partnerships of which he is a member, shall be included: Provided, however, that a bank may buy from or discount for any person, firm or corporation, bills of exchange, drawn in good faith against actually existing values, or commercial or business paper actually owned by the person negotiating the same, in addition to loans directly made to the person, firm or corporation selling the same, such purchase or discount not to exceed 20% of the capital and surplus, and if in excess of 10% of the capital and surplus, to be approved in writing by a majority of the directors, or by a committee of such board authorized to act; and provided that the limit of loans herein fixed shall not apply to bona fide purchases

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of commercial or business paper, without recourse on the holder or payee of such paper; and, provided, that the limit of loans herein fixed shall not apply to bona fide loans made upon the security of agricultural, manufactured or industrial products or live stock having a market value and for which there is ready sale in the open market, title to which by appropriate transfer shall be taken in the name of the bank, and which shall be secured by insurance against loss by fire, with policies made payable to the bank, where no more than 80% of the market value of such products shall be loaned or advanced thereon. In all such cases, a margin of 20 percent between the amount of the loans and the market value of the products shall at all times be maintained (except where products are intended for immediate shipment); and the bank shall have the right to call for additional collateral when the difference between the market value and the amount loaned shall be less than 20 percent, and in the event of the failure to comply with such demand, to immediately sell all or any part of such products in the open market and pay the amount of the loan and the expenses of sale, and the balance to the borrower; and Provided, that the limit herein fixed shall not apply to loans fully secured by bonds or certificates of indebtedness of the United States, or of this State, or of the several counties, districts, or municipalities thereof which have been duly and regularly validated as provided by law. Liabilities arising to the makers and indorsers of checks, drafts, bills of exchange, received by the bank on deposit, cashed, or purchased by it, shall not in any way be considered as borrowed money or loans; and Provided, that the limit herein fixed shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board or establishment of the United States, including any corporation wholly owned, directly or indirectly by the United States if such guaranties, agreements or commitments are subject to no condition beyond the control of such bank and must be performed

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by payment of cash or its equivalent within sixty days after demand. Provided, that a bank shall be allowed to lend up to 20% of its capital and unimpaired surplus to any one county, municipality, or political subdivision of the State authorized to levy taxes, on loans made under the provisions of Article VII, Section VII, Paragraph IV of the Constitution of Georgia of 1945, as amended. It shall be the duty of the Superintendent of Banks to order any loans in excess charged to profit and loss, provided in his opinion such excess is not well secured; and if such reduction shall not be made within 30 days after such notification, to proceed as in other cases provided for violation of the orders of the Superintendent. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. DORMANCY OF JUDGMENTS. Code 110-1001 Amended. No. 193 (House Bill No. 110). An Act to amend Section 110-1001 of the Code of Georgia of 1933, concerning the dormancy of judgments by providing for the filing and recording of written notices of bona fide public efforts by the plaintiff in execution to enforce such execution in the courts; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Code of Georgia of 1933, Section 110-1001, be and the same is hereby amended as follows: Section 1. By striking from Paragraph 3 of Section 110-1001 of the Code of Georgia of 1933, the following words at such times and periods that seven years will

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not elapse between such attempts or between such an attempt and a proper entry and by inserting in said Paragraph 3 of Section 110-1001 following the words unless a bona fide public effort on the part of the plaintiff in execution to enforce the execution in the courts is made the words and due written notice of such effort, specifying the time of the institution of the suit or proceedings, the nature thereof, the names of the parties thereto and the name of the court in which it is pending, is filed by the plaintiff in execution or his attorney at law with the clerk and entered by said clerk on the general execution docket, all at such times and periods that seven years will not elapse between such entries of such notices or between such an entry and a proper entry made as prescribed in paragraph 2., and by striking from the next to the last paragraph of said Section 110-1001 the words or any bona fide public effort by the plaintiff in execution to enforce the execution, contemplated by paragraph 3, and substituting in lieu thereof the words or in paragraph 3; so that said Section 110-1001 as amended hereby shall read in its entirety as follows: Code 110-1001 amended. 110-1001. Dormancy of judgments.A judgment shall become dormant and shall not be enforced: 1. When seven years shall elapse after the rendition of the judgment before execution is issued thereon and entered on the general execution docket of the county wherein such judgment was rendered; or 2. Unless entry is made on the execution by an officer authorized to levy and return the same and such entry and the date thereof are entered by the clerk on the general execution docket within seven years after issuance of the execution and its record; or New section. 3. Unless a bona fide public effort on the part of the plaintiff in execution to enforce the execution in the courts is made and due written notice of such effort, specifying the time of the institution of the suit or proceedings, the nature thereof, the names of the parties

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thereto and the name of the court in which it is pending, is filed by the plaintiff in execution or his attorney at law with the clerk and entered by said clerk on the general execution docket, all at such times and periods that seven years will not elapse between such entries of such notices or between such an entry and a proper entry made as prescribed in paragraph 2. The record of the execution made as prescribed in paragraph 1 of this section, or of every entry as prescribed in paragraph 2 or in paragraph 3 shall institute a new seven-year period within which the judgment shall not become dormant; Provided, that when an entry is filed for record more than seven years from the date of the execution, the execution shall be recorded with all entries thereon, but if filed within seven years, the entry shall be recorded on the original record of the execution. It shall not be necessary in order to prevent dormancy that such execution be entered or such entry recorded on any other docket. Section 2. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1955.

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EMPLOYMENT SECURITY ACT AMENDED. Code 54-622 Amended. No. 195 (Senate Bill No. 56). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended (now Employment Security Law), so as to make the provision for emergency war-risk rates contained in Sub-section (K) of Section 7 (c) (6) (i) thereof, which subsection was inserted therein by Section 5 of an Act approved March 2, 1953, (Ga. Laws 1953, Jan.-Feb. sess., pp. 327, et seq.), inapplicable to the calendar year 1955; to provide an effective date; 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: Section 1. The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended (now the Employment Security Law), be, and the same is hereby amended as hereinafter specified: Section 2. By amending Subsection (K) of Section 7 (c) (6) (i)Emergency War-Risk Rates(Ga. Ann. Code 54-622), as inserted by Section 5 of an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. sess., pp. 327, et seq.) by striking the words and figures calendar years 1953, 1954 and 1955 wherever they appear therein, and substituting in lieu thereof in each instance the words and figures calendar years 1953 and 1954, so that the said Subsection (K) as so amended shall read as follows: Code 54-622 amended. (K) Provided, however, that for the calendar years 1953 and 1954, an employer's contribution rate shall be 2.7 per centum of that part of the taxable wages paid by

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him during each such calendar year which is in excess of 300 per centum of his total taxable payroll for the calendar year 1950 plus that of his predecessor, if any, or in excess of $300,000, whichever is greater. Provided further that an employer who did not have a taxable payroll during the calendar year ending December 31, 1950, and is not a successor to one who had such payroll, but who shall be otherwise entitled to a reduced contribution rate under the terms of Section 7 (c) of this Act shall have a contribution rate of 2.7 per centum on that portion of the taxable wages paid by him which exceeds a total of $300,000 during each of the calendar years 1953 and 1954. Contribution rates. Section 3. This Act shall be effective on January 1, 1955, and shall have the effect of making the emergency war-risk rates inapplicable to all employer contributions accruing with respect to wages payable for employment occurring during the calendar year 1955. Section 4. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1955. CLERKS OF SUPERIOR COURTSFEES. Code 24-2727 Amended. No. 198 (House Bill No. 275). An Act to amend Code Section 24-2727, relating to fees of clerks of the superior courts, as amended, so as to provide for compensation for per diem service in attendance upon court in criminal cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 24-2727, relating to fees of

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clerks of superior courts, as amended, is hereby amended by adding the following to the fees allowed in criminal cases: Each day service in attendance upon the courts, $10.00. The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. so that Code Section 24-2727 shall read as follows: The clerks of the superior courts of this State shall be entitled to charge and collect the following fees for official duties performed by them: Provided that in all counties in this State where the clerk of the superior court is on a salary basis the fees herein provided shall be paid into the county treasury, to wit: New section. Civil Cases. Docketing, indexing, and recording copies of bankruptcy petitions, decrees of adjudication, and orders approving bonds of trustees in bankruptcy, same fees as for docketing, indexing and recording deeds. Recording lis pendens as to real property in lis pendens docket, per 100 words of fraction thereof .15 Cancellation of deeds and mortgages .25 Minimum recording fee for deeds, mortgages of contracts .50 Each day service in attendance upon the courts 10.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. Recording and copying proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words .25 Criminal Cases. Each subpoena issued .15 Service in entering and docketing bills of indictment, presentments, no bills and/or accusations and indictments and/or accusation record 3.00 Services in cases where the defendant is tried, or pleads guilty, or there is a settlement 9.00 Service in docketing and entering bills of indictment or presentments on minutes in cases of nolle prosequi 4.00 Issuing each summons .50 Entering any record on minutes, not specified, per 100 words .20 Transcribing record and evidence in State cases, per 100 words .25 Each day service in attendance upon the courts 10.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. All statutes or laws in force in this State which provide compensation for clerks of the superior courts for the discharge of duties not herein enumerated or provided for shall remain in full force and effect. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955.

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REGISTRATION OF MOTOR VEHICLES. Code 68-205 Amended. No. 204 (House Bill No. 326). An Act to amend an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 366) relating to the registration of motor vehicles, which Act amended Section 68-205, Code of Georgia of 1933, so as to strike from said Act the requirement of including the amount of liens against motor vehicles and the name and address of lien holders; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 366) relating to registration of motor vehicles, which Act amended Section 68-205, Code of Georgia of 1933, is hereby amended by striking from Section 2 of said Act the following words: and the total amount of all liens against said vehicle, if any, with the name and address of all lien holders, so that said Section 2 and said Section 68-205 of the Code of Georgia of 1933, when so amended shall read as follows: Section 2. That said Chapter 68-2 of the Code of Georgia of 1933 be further amended by amending Section 68-205, which section relates to the registration of motor vehicles, applications, ownership, vehicles registered in other States, records, etc., by adding after the word vehicle in the fourteenth line of said section the following: `Including the date, name and address of the person from whom said vehicle was purchased.', so that said Section 68-205 when so amended shall now read as follows: Code 68-205 amended. `Registration of motor vehicles; applications, ownership; vehicles registered in other States; records.Initial applications for registration by owners of motor vehicles shall be sworn to and shall include such additional

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information of ownership as the State Revenue Commission shall deem proper, and no motor vehicle shall be registered unless the State Revenue Commission shall be satisfied the applicant for registration is entitled to have the motor vehicle registered in his name. Proof of purchase at a judicial sale or previous registration in this State by the applicant may be accepted as evidence of ownership by the State Revenue Commission. Applicants for registration for motor vehicles brought into this State previously registered in other States shall be accompanied by an affidavit from the motor vehicle registering official of that State, or other satisfactory evidence indicating that the applicant is the lawful owner of said motor vehicle, including the date, name and address of the person from whom said vehicle was purchased. The State Revenue Commission shall maintain a record of motor vehicles reported stolen within this State against which all applications for certificates of registration shall be checked. The State Revenue Commission, in its discretion, may destroy all motor vehicle records except those of the current year and the two years next preceding. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. JUDGMENTSLIEN. Code 39-701 Amended. No. 208 (House Bill No. 111). An Act to amend Section 39-701 of the Code of Georgia of 1933 relating to the keeping of the general execution docket and the entry of executions thereon by providing that the lien of a judgment shall date from the time the execution shall be entered on said docket, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act Section 39-701 of the Code of Georgia of 1933, be and the same is hereby amended by striking from the first sentence thereof of the words from the rendition thereof and the words within 10 days from the time the judgment is rendered, and by striking from the last sentence thereof the words after the 10 days, so that said section as amended hereby shall read as follows: 39-701. General execution docket.The clerk of the sueprior court of each county shall be required to keep a general execution docket; and as against the interest of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding the defendant's property, no money judgment obtained within the county of defendant's residence, in any court of this State, whether superior court, ordinary's court, county court, city court, or justice court, or United States court in this State, municipal court or other courts, shall have a lien upon the property of the defendant, unless the execution issuing thereon shall be entered upon said docket. When the execution shall be entered upon the docket, the lien shall date from such entry. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1955. CORONER'S COMPENSATION IN CERTAIN COUNTIES. Code 21-105 Amended. No. 215 (House Bill No. 444). An Act to amend Section 21-105 of the Code of Georgia of 1933 so as to provide that coroners in counties

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having a population of not less than 120,000 and not more than 145,000 according to the United States census of 1950, or any future United States census, shall receive a salary in lieu of the fees allowed by law for holding inquests; to provide for the manner in which such salary shall be fixed and to repeal an Act approved February 8th, 1951 entitled as follows: An Act to amend Section 21-105 of the Code of Georgia of 1933, so as to provide that coroners in counties having a population of not less than 120,000 and not more than 145,000, according to the United States census of 1950, or any future United States census, shall receive a salary in lieu of the fees allowed by law for holding inquests; to provide for the manner in which such salary shall be fixed. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 21-105 of the Code of Georgia of 1933 be, and the same is hereby amended, by adding to said section the following words: In all counties of this State having a population of not less than 120,000, and not more than 145,000, according to the United States census of 1950, of any future United States census, the coroner shall receive an annual salary, payable monthly out of the county treasury, in lieu of the fees allowed a coroner by law for holding inquests. Said salary shall be not less than three thousand ($3,000.00) dollars per annum, and shall thereafter be fixed in the same manner that other county officers' salaries are fixed in said counties. New matter. Section 2. This Act shall become effective and of force upon approval by the Governor. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Section 4. Notice of the intention to apply for the

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passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Georgia, DeKalb County. Personally appeared before me, the undersigned, James A. Mackay, Representative from DeKalb County, Georgia, author of attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. /s/ James A. Mackay, James A. Mackay. Sworn to and subscribed before me, this 2nd day of February, 1955. /s/ Joseph H. Baird, Notary Public. Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Notice of Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the January, 1955, session of the General Assembly of Georgia, the title of which bill or bills to be as follows: An Act to amend Section 21-105 of the Code of Georgia of 1933 as amended, so as to provide changes in the

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manner in which the salaries of coroners of counties having a population of not less than 120,000 and not more than 145,000 according to the United States census of 1950, or any future United States census, shall be fixed to set the compensation of said coroners and to repeal an Act approved Feb. 8, 1951, and for other purposes. This 28th day of December, 1954. James A. Mackay, A. Mell Turner, Representatives, DeKalb County. 12-30-3t. 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 Dec. 30th, 1954 and January 6, 13th, 1955. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 2 day of February, 1955. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Notice of Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the January,

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1955, session of the General Assembly of Georgia, the title of which bill or bills to be as follows: An Act to amend Section 21-105 of the Code of Georgia of 1933 as amended, so as to provide changes in the manner in which the salaries of coroners of counties having a population of not less than 120,000 and not more than 145,000 according to the United States census of 1950, or any future United States census, shall be fixed to set the compensation of said coroners and to repeal an Act approved Feb. 8, 1951, and for other purposes. This 28th day of December, 1954. James A. Mackay, A. Mell Turner, Representatives, DeKalb County 12-30-3t. Approved March 4, 1955. POWERS OF SALE. No. 222 (House Bill No. 106). An Act to provide that a power of sale, unless limited in the instrument creating same, authorizes a private sale by the donee of such power, except as to instruments given to secure a debt; and to provide further that such power may be exercised and executed by the successor of the donee of such power, 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. Unless expressly limited in a will, deed or other instrument creating a power of sale or unless specifically otherwise provided in such instrument, a power of sale conferred upon an executor, trustee, guardian or attorney in fact shall authorize a private sale by such executor, trustee, guardian or attorney in fact, with or

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without advertisement and on such terms and conditions as the donee of such power may deem advisable, without the necessity of applying for leave to sell or obtaining any order therefor from any court; Provided however that the provisions of this section shall not apply to powers of sale in security deeds, mortgages, trust deeds, bills of sale and other instruments conveying property or creating a lien thereon, to secure a debt or debts. Private, except when. Section 2. Unless expressly limited in the instrument creating a power of sale or unless specifically otherwise provided in such instrument, such power of sale conferred upon an executor, trustee or guardian may be exercised and executed by an administrator with the will annexed or by a successor administrator, trustee or guardian; and if such power be conferred upon more than one executor, trustee or guardian the surviving or remaining executor or executors, trustee or trustees, or guardian or guardians, may exercise and execute such power. Who may exercise. Section 3. If any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 4. This Act will not affect any instrument dated prior to the date of approval of this Act. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1955. INDUSTRIAL LOAN ACT. No. 219 (House Bill No. 151). An Act to regulate certain loans of $2,500.00 or less to be known as the Georgia Industrial Loan Act; to provide

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for license and define the persons who may operate thereunder; to provide exemptions therefrom; to create the office of Georgia Industrial Loan Commissioner and to define his duties; to empower said Commissioner to make rules and regulations, levy and collect license, examination and investigation fees, examine and investigate lenders doing business under this Act; to provide for the appointment of an advisory board to the Commissioner; to provide for hearings before the Commissioner; to provide for appeals in the Superior Courts from decisions of the Commissioner; and for bills of exception in the Court of Appeals and in the Supreme Court; to regulate advertising, the interest rates and other fees and charges on money loaned under this Act; to regulate insurance sold in connection with loans under this Act; to prohibit charges not provided therein; to fix penalties for violations; to make certain violations a misdemeanor; to repeal certain other conflicting statutes; to make appropriations for the administration of this Act for certain fiscal years; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. This Act may be cited as the Georgia Industrial Loan Act. Section 2. Purpose. The purpose of this Act is to authorize and provide regulation of the business of making loans of $2,500.00 or less and to bring within the regulation of this Act and within its provisions all loans of $2,500.00 or less, whether or not made by a person organized or operating under the provisions and authority of some other statute except those persons and loans expressly exempted by the terms of this Act. Even though authorized by other statutes of force, such loans and the persons making them unless expressly exempted shall be within the operation of this Act in accordance with its terms. Section 3. Scope. This Act shall apply to all persons,

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as hereinafter defined, unless expressly exempted herein, engaged in the business of making loans in amounts of $2,500.00 or less. The repeals hereinafter provided shall not affect corporate or other business existence of persons now making loans of $2,500.00 or less, but such corporate or business existence shall continue under this Act and subject to its terms. On and after the effective date of this Act no person within the operation of this Act shall charge, contract for or receive, directly or indirectly, on or in connection with any loan, any interest, charges, fees, compensation or consideration which are greater than the rates for same provided herein, or engage in the business of making such loans of $2,500.00 or less, without a license from the Commissioner as provided in this Act. Persons engaged in the business of making loans of $2,500.00 or less, who are not exempted from the operation of this Act may engage in such business and may make such loans lawfully under the provisions of this Act provided they comply with the provisions of this Act. Section 4. Definitions. For the purpose of this Act and as used herein, unless a different meaning or construction is clearly required by the context: (1) Person includes individuals, co-partnerships, associations, corporations, and all other legal and commercial entities; (2) License means a single license issued or required under the provisions of this Act; (3) Licensee means a person to whom one or more licenses under this Act has been issued; (4) Commissioner means the Georgia Industrial Loan Commissioner; (5) Loan means any advance of money in an amount of $2,500.00 or less, under a contract requiring repayment and any and all renewals or refinancing thereof, or any part thereof. Section 5. Exemptions. The provisions of this Act shall not apply to businesses organized or operating under the authority or any law of this State or of the United States relating to banks, trust companies, real estate loan or mortgage companies, Federal and Georgia building and loan associations not including like associations organized pursuant to Section 16-101 of the Code

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of Georgia of 1933, as amended, credit unions and pawn brokers, or to the transactions of such businesses which businesses are expressly excluded from regulation under this Act and exempted from the operation of its provisions. It is expressly provided that no bank, trust company or national bank, insurance company or real estate loan or mortgage company, authorized to do business in this State shall be required to obtain a license under this Act. It is further provided that persons making loans and charging interest thereon at a rate of not more than eight (8) per cent simple interest per annum shall not be subject to the provisions of this Act or required to obtain a license hereunder. Section 6. Commissioner created and invested with authority. There is hereby created the office of Georgia Industrial Loan Commissioner, and the Comptroller General of the State of Georgia, ex officio, is hereby designated and constituted the Georgia Industrial Loan Commissioner under this Act, and is hereby invested with all of the powers and authority provided for such Commissioner. In addition to those powers specifically enumerated, it shall be his duty and authority to supervise generally and to exercise regulatory powers over the making of loans of $2,500.00 or less in the State of Georgia by persons governed and regulated by this Act. (a) Power to make rules and regulations and to employ agents and employees. The said Commissioner is hereby granted power and authority to promulgate rules and regulations governing the making of loans of $2,500.00 or less as authorized and regulated under this Act consistent with the terms hereof, and essential to effectuate this Act according to its terms. Such rules and regulations shall be promulgated pursuant to public hearing after notice of such hearing is advertised at least once in one newspaper in Atlanta, Georgia, having general statewide circulation not less than ten days prior to such hearing. Such rules and regulations so promulgated by the Commissioner in his discretion, consistent with the terms of this Act and other applicable statutes, shall have the full force and effect of law. The Commissioner

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shall have authority to designate and employ and compensate agents and employees in the manner other agents and employees are employed by his department to assist him in the discharge of his duties under this Act, and the Commissioner is hereby authorized and empowered to delegate to an assistant or deputy, authority to act in his place and stead in his absence or disability. (b) Advisory board created. There is hereby created an advisory board consisting of five citizens of the State of Georgia. The original members and their successors shall be appointed by the Governor. Two of the original members shall be appointed for a term of one year and three of the original members shall be appointed for a term of two years. All succeeding regular terms on such board shall be for two years and the appointments shall be made in the same manner. Vacancies shall be filled in the same manner, but only for the unexpired term. Such board, under such rules and regulations as shall be prescribed by the Commissioner consistent with the terms of this Act, shall meet and function by majority action to advise the Commissioner in the promulgation of rules and regulations and in the performance of his duties under this Act and said board members shall be entitled to receive the same per diem and mileage allowance now paid to members of the General Assembly, in lieu of actual expenses incurred in the performance of their duties. Section 7. Application; fees; existing businesses. All persons engaged in the business of making loans of $2,500.00 or less in the State of Georgia, unless expressly exempted therefrom, shall be required to obtain a license under this Act. Application for license shall be made to the Commissioner in writing, under oath, on forms prescribed by the Commissioner and shall give the location from which the business is to be conducted and shall give the names of the persons connected with the business together with any other information required by the Commissioner. Except as hereinafter provided the application shall be accompanied by a fee of $50.00 to cover cost of investigation of applicant, and by a license fee

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of $200.00. Said license shall expire on the last day of the calendar year in which granted, subject to renewal pursuant to Section 9 of this Act; provided, however, the license fee on all licenses issued on or after July 1st shall be the sum of $100.00; provided, further, that all persons required to obtain a license under this Act who are on the date of approval of this Act, lawfully authorized and bona fide engaged in making loans of $2,500.00 or less in the State of Georgia shall be entitled to a license hereunder upon the filing of an application as herein provided and the payment of the license fee as herein set out and such person shall also be required to pay the $50.00 investigation fee. The Commissioner shall collect fees and cost as provided in this Act, and shall issue his receipt for all sums collected by him, and periodically, not less than once in each quarter of each year, at such times as may be convenient, shall pay into the State Treasurer all sums collected by him. Section 8. Investigation of application; issuance and denial of application. Except as provided in Section 7, upon the filing of the application and the payment of the fees provided therein the Commissioner shall cause an investigation to be made and if he shall find the financial responsibility, character and general fitness of the applicant are such as to command the confidence of the public and to warrant a belief that the business will not be operated unlawfully or improperly within the purposes of this Act, the Commissioner shall grant such application and issue to the applicant a license which shall be authority to engage in the business of making loans pursuant to said license in accordance with the provisions of this statute; (a) If the Commissioner shall not so find, he shall prepare a rejection of the application, in writing, with a written finding of facts, which shall be sent by registered mail to the applicant which shall constitute notice to the applicant of the rejection of his application. (b) The Commissioner shall grant or deny an application for a license made in pursuance of the provisions of

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this Act within thirty days from the date of the filing of such application; failure to act upon an application in such period shall have the effect of a grant of the application. Section 9. Place of business; continuing license; annual fee. No more than one place of business shall be maintained under the same license, but the Commissioner may issue more than one license to the same licensee. Each such license issued shall be conspicuously displayed in the place of business for which granted and shall remain in full force and effect until surrendered, revoked or suspended, as provided by this Act. Every licensee shall, on or before the twentieth (20th) of each December, pay to the Commissioner the sum of $200.00 for each license held by him as an annual license fee for the succeeding calendar year. If a licensee wishes to remove his office within the county, he shall give the Commissioner 15 days' written notice thereof and the license shall be amended accordingly. Section 10. Books and records. Each licensee shall keep and use in his business sufficient books and records to enable the Commissioner to determine whether or not the licensee is complying with the provisions of this Act, or any other Act under which such licensee is operating, and such licensee shall preserve such record for at least four years after making the final entry thereon. The renewal or refinancing of a loan shall not constitute a final entry. The Commissioner may under rules and regulations promulgated by him under the procedure provided in this Act require annual reports from licensees to facilitate the performance of his duties and to effectively regulate the making of loans under this Act. Section 11. Examinations. For the purpose of discovering violations of this Act, the Commissioner or his duly authorized representative may from time to time examine the books, accounts, papers and records of: (1) any licensee, (2) any person who advertises for, solicits, or holds himself out as willing to make loans in amounts of $2,500.00 or less, or (3) any person whom the Commissioner

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has reason to believe is violating or is about to violate the provisions of this Act. The Commissioner may subpoena witnesses, books, accounts, papers and records, administer oaths, hold hearings, and take testimony under oath in conducting examinations and hearings authorized under this Act. The cost of any such examination, investigation or hearing, in the discretion of the Commissioner may be charged to the licensee or person examined subject to review by the superior court under Section 13. The examinations, investigations or hearings provided for herein shall be conducted in the county wherein the business of the licensee is located or where the person required to have a license hereunder, is engaged in the business of making loans or elsewhere upon consent of the parties involved. Section 12. Revocation or suspension of license . The Commissioner upon 10 days' written notice in the form of a show cause order to the licensee stating his contemplated action and in general the ground therefor, and after giving the licensee a reasonable opportunity to be heard, subject to the right to review hereinafter provided may by order in writing suspend or revoke any license issued under the provisions of this Act if the Commissioner shall find: (1) that the licensee has failed to pay the annual license fee, or any fee required under this Act, or (2) that the licensee, knowingly has violated any of the provisions of this Act; provided, however, that no suspension, revocation, relinquishment or expiration of any license shall invalidate, impair or affect the legality of obligations of any pre-existing contracts, or prevent the enforcement and collection thereof; and provided further any such suspension or revocation shall not become final pending and subject to the right of review herein provided, but the court shall have and is hereby granted power to enter such order as justice shall require pending hearing of such appeal; and provided further, the court upon such appeal may tax the cost, including the cost of the hearing before the Commissioner, against the losing party. Section 13. Review . The decision of the Commissioner

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in the granting or refusing to grant a license and in the revocation or suspension of such license and in any other order or decision authorized herein shall be final and conclusive and binding as to all determinations of fact made by him; but any applicant or licensee who deems himself aggrieved may, within 30 days from entry of such final order, but not thereafter, appeal from the decision of the Commissioner to the superior court of the county wherein such applicant or licensee may reside or conduct his business in the manner hereinafter outlined, and upon the following grounds: The applicant or licensee deeming himself to be aggrieved may file an application in writing with the Commissioner asking for an appeal from such decision, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed, the Commissioner shall, within 30 days from the filing of same, cause certified copies of all documents and papers then on file in his office in the matter, and a transcript of all the testimony taken therein to be transmitted with his findings and order to the clerk of the superior court to which the case is appealable, as hereinbefore set out. The cause so appealed may thereupon be brought on for a hearing in either term time or vacation before said superior court upon such record by either party on 10 days written notice by the court, and upon such hearing the court shall set aside the order or decision of the Commissioner if it be found that: (1) The Commissioner acted arbitrarily or in excess of his powers; (2) The order or decision was obtained by fraud; (3) There is not sufficient competent evidence in the record to warrant the Commissioner in making the order or decision complained of; or that (4) The order or decision is contrary to law. No order or decision of the Commissioner shall be set aside by the court except upon one or more of the grounds hereinbefore set out, and if it is found that none

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of such grounds for setting aside such order or decision of the Commissioner exists, the court shall affirm the order or decision of the Commissioner so appealed. Upon the setting aside of any order or decision of the Commissioner upon appeal, the court may re-commit the controversy to the Commissioner for further hearing or proceedings in conformity with the judgment and opinion of the court, or the court may enter such judgment upon the findings, as the nature of the case may demand. Any party in interest who is aggrieved by a judgment entered by the superior court upon an appeal from any order or decision of the Commissioner, may have the same reviewed by the Court of Appeals or the Supreme Court within the time and in the manner provided by law in other cases. Section 14. Advertising . No person shall advertise, display, distribute or broadcast in any manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans subject to the provisions of this Act. Section 15. Maximum rate of charge . Every licensee hereunder may loan any sum of money not exceeding $2,500.00 for a period of two years or less, and may charge, contract for, collect and receive interest, and fees and may require the fulfillment of conditions on such loans as hereinafter provided: (a) Charge, contract for, receive and collect interest at a rate not to exceed 8 percent per annum of the face amount of the contract, whether repayable in one single payment or repayable in monthly or other periodic installments. On loan contracts repayable in 18 months or less, the interest may be discounted in advance, and on contracts repayable over a greater period, the interest shall be added to the principal amount of the loan. On all contracts, interest or discount shall be computed proportionately on equal calendar months. (b) In addition thereto, charge, contract for, receive or

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collect at the time the loan is made, a fee for making the loan in an amount not greater than $1.00 plus 8 percent of the first $600.00 of the face amount of the contract, plus 4 percent of the excess; provided, however, that such fee shall not be charged or collected on that part of a loan which is used to pay or apply on a prior loan, or installment of a prior loan from the same licensee to the same borrower made within the immediately preceding 6 months period; provided, however, if the loan balance is $100.00 or less, the said period shall be 2 months, not 6 months; provided, further, that nothing contained in Subsections 15 (a) and 15 (b) shall be construed to permit charges, interest or fees of any nature whatsoever in the aggregate in excess of the charges, interest and fees which would constitute a violation of Section 57-117 of the Code of Georgia of 1933 and the repeals hereinafter set forth in this Act shall in no wise affect Section 57-117 and Section 57-9901 of the Code of Georgia of 1933. (c) A licensee may charge and collect from the borrower premiums actually paid or to be paid for insurance obtained for the borrower . A licensee may accept as security on any loan or advance made hereunder insurance on tangible property against substantial risks or loss, and a licensee may accept as such security reasonable insurance on the life, health and/or against accident of the principal party obligated on any such loan or advance; provided, however, that any such insurance shall be reasonably related to the type and value of the property insured and to the amount and term of the loan and shall be obtained from an insurance company authorized to conduct such business in the State of Georgia and at rates lawfully filed by such company with the Commissioner of Insurance and through a regular insurance agent licensed by the Insurance Commissioner of Georgia; provided, further, the amount of life, health and/or accident insurance required as security for loans made under this Act shall not exceed the amount of the loan, including charges, to be secured, and the premiums on such insurance required of the principal party obligated shall be limited to premiums reasonably based upon reliable actuary

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experience and sound insurance practice, and the Commissioner is hereby authorized and directed to promulgate rules and regulations to effectuate this provision in accordance with the spirit and intent thereof. It shall be the duty of the Commissioner from time to time under the foregoing direction, after public hearing in the manner as provided in Section 6 (a) of this Act, to determine and promulgate the rates and maximum premiums permissible to be charged for life, health and/or accident insurance required as security for a loan made under this Act, and to make regulations incident thereto necessary to effectuate the same; such premiums when thus established, and as changed from time to time in the manner aforesaid, shall be the maximum effective and permissible charges under this subsection. Premiums paid or to be paid pursuant to the authority of this subsection shall not constitute interest. The insurance company in turn may pay to the party writing the insurance policy sold in connection with the loan a fee or commission in an amount which is reasonable in relationship to the transaction and in no event in excess of the amount of fee or commission customarily paid within the industry where comparable insurance is sold in a transaction not involving credit, as determined by the Commissioner and the advisory board. (d) Charge and collect from the borrower a late or delinquent charge in an amount equal to 5 cents for each $1.00 of any installment which is not paid within 5 days from the date such payment is due, provided that this late or delinquent charge shall not be collected more than once for the same default. Section 16. No further charges . No licensee shall charge, contract for, or receive any other or further amount in connection with any loans authorized by this Act, in addition to those hereinbefore provided, except the actual lawful fees paid to a public official or agency of the State for filing, recording, or, on loans over $100.00 the amount of the lawful premiums, no greater than such fees, actually paid for insurance against the risk of non-recording or releasing any instrument

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securing the loan; the court costs and attorney fees authorized by law incurred in the collection of any contract in default; and the actual and reasonable expenses of repossessing, storing and selling any collateral pledged as security for any contract in default. No licensee shall divide into separate parts any contract for the purpose or with the effect of obtaining charges in excess of those authorized by this Act. Any renewal or increased amount to any outstanding loan at the time of the effective date of this bill shall be on the basis of the provisions of this Act. Section 17. Refunds . Notwithstanding the provisions of any contract to the contrary, a borrower may at any time prepay all or any part of the unpaid balance to become payable under any installment contract. If the borrower pays the time balance in full before maturity, the licensee shall refund to him a portion of the prepaid interest, calculated in complete even months (odd days omitted), as follows: The amount of the refund shall represent at least as great a proportion of the total interest as the sum of the periodical time balance after the date of prepayment bears to the sum of all periodical time balances under the schedule of payments in the original contract. Where the amount of the refund due to anticipation of payment is less than $1.00, no refund need be made. Provided, further, that if the borrower has been required to purchase other than insurance coverage in a blanket policy when he has paid no acquisition cost, he shall have the option to continue such insurance in force for the balance of the policy period, with all rights transferred to the borrower or his assigns, in which event no refund of insurance premiums shall be made to him. Section 18. Appropriations . For the purpose of providing funds for the expense of administration of this Act for the fiscal year ending June 30, 1955, the sum of $25,000 is hereby appropriated, and for the fiscal years ending June 30, 1956, and June 30, 1957, the sum of $150,000.00 annually is hereby appropriated to the Commissioner for use in enforcing the provisions hereof during

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said fiscal years. The appropriations herein made shall be subject to budgetary control. For the fiscal years June 30, 1958 and thereafter, the General Assembly shall appropriate funds for the administration of this Act, provided, however, in no event after the periods of the foregoing initial appropriations shall the amount appropriated for a fiscal year exceed the amount of fees and charges collected during the last full fiscal year immediately preceding such appropriation. Section 19. Making and payment of loans . At the time the loan is made, each licensee hereunder shall deliver to the borrower, or if-there be two or more, to one of them, a copy of the loan contract or a written itemized statement in the English language showing in clear terms, the date and amount of the loan; a schedule of the payments or a description thereof; the type of security for the loan, the licensee's name and address; the actual cash advanced to or on behalf of the borrower; the amount of each class of insurance carried and the premiums paid thereon and the amount of interest and fees. Each licensee shall give a receipt for every cash payment made. Section 20. Penalties . Any person who shall make loans under the provisions of this Act without first obtaining a license or who shall make a false statement under oath in an application for a license hereunder, or who shall do business while the license of such person under this Act is finally suspended or revoked, or who shall knowingly charge, contract for, receive and collect charges in excess of those permitted by this Act shall be punished as for a misdemeanor. Any loan contract made in violation of this Act shall be null and void. Section 21. Severability . If any provision of this law or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provisions of this law are declared to be severable.

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Section 22. Repeals . Be it further enacted by the authority aforesaid that the following laws and parts of laws be and the same are hereby repealed: (a) The words other like associations contained in the second line of Chapter 16-1 of the 1933 Code of Georgia as Amended relating to Building and Loan Associations and other like associations and the definition of other like associations following thereafter, so that such other like associations shall not be authorized to operate under said chapter; (b) Chapter 25-2 of the 1933 Code of Georgia, relating to the business of making loans on personal property or buying wages or salaries in general, providing for the licensing of such businesses, the giving of bond by licensees, and the regulation of such business; (c) Chapter 25-3 of the 1933 Code of Georgia, relating to small loan business, providing for the licensing and regulation of such business by the Superintendent of Banks, fixing the rate of interest chargeable at 1 per cent per month as amended by the Act of 1935 (Georgia Laws, page 394); (d) Be it further enacted by the authority aforesaid that all laws or parts of laws inconsistent with any of the provisions of this Act be, and the same are hereby repealed, to the extent of such inconsistency. (e) The provisions of this Act shall become effective sixty (60) days from the date of its approval. (f) Nothing in this Act shall be construed as repealing the provisions of Section 57-116 of the Code of Georgia of 1933, as amended. Approved March 4, 1955.

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TRAVERSE JURIESDRAWING IN CERTAIN COUNTIES. No. 231 (House Bill No. 128). An Act to require jury commissioners in counties having a population of not less than 22,800 and not more than 23,200, according to the 1950 United States census, or any future United States census, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties and that no such tickets are to be placed in any other traverse jury box for use in any other court in such counties; to provide that traverse jurors' names for use in any court in such counties except court of ordinary, court of coroner and justices of the peace shall be drawn from such jury box by the judge or judges of such courts; to provide that any traverse juror's name when so selected shall make such person subject to be used as a traverse juror in any such court; to provide that in the event his services are not required in the court of the selecting judge he shall be subject to jury duty in any other one of such courts at the option of the presiding judge of such court; to provide that from and after approval of this Act all other jury boxes in such counties shall be destroyed and the box prepared for the superior courts shall be used by all courts qualifying hereunder; to provide that in such courts held outside of the courthouse in such counties traverse juries shall be drawn by the judge of such court in the courthouse and in the presence of the clerk or a deputy clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 22,800 and not more than 23,200, according to the 1950 census or any future United States census, the jury commissioners of any such counties shall in all future registers of the traverse jury lists place all

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tickets bearing the names of traverse jurors in one box for use by the superior court of said county and shall not place any such tickets in any other traverse jury box for the use of any other court or courts in such county. All traverse jury boxes now used in such county shall be destroyed upon the approval of this Act except the traverse jury box prepared for the use of the superior court of such county. Counties where appliable. Section 2. All traverse jurors' names for use in any court, except court of ordinary, coroner or justice of the peace, in such counties shall in the selection of traverse jurors be drawn from such single box by a judge of any one of such courts including city courts, county courts, (civil or criminal or both) from time to time as the need of the services of such jurors arises. Section 3. Any traverse juror so selected may be used in any of said courts at the option of the judge of the court requiring his services provided that said jurors services are not needed in the court of original selection as determined by the presiding judge of that court. Section 4. The judge of any court held outside of the courthouse in any such county and using the traverse jury box of such county shall draw his juries in the courthouse of such county and in the presence of the clerk or a deputy clerk of the superior court. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. MOTOR VEHICLE LICENSE TAGS. No. 234 (Senate Bill No. 6). An Act to amend an Act relating to the licensing of vehicles, approved December 24, 1937 (Ga. Laws 1937-38,

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Ex. Sess., p. 259), as amended, so as to grant discretion as to the designation on license tags of the different classes of vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the licensing of vehicles approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, is hereby amended by striking the provisions of Paragraph (17) of Section 4, and inserting in lieu thereof a new-Paragraph (17), to read as follows: Acts amended. (17) The State Revenue Commissioner or other authority having charge of the administration and Statewide distribution of license tags may provide a different tag for each different class of vehicles herein specified, and may distinguish the tag furnished to such class of vehicles by a different letter or lettering, or other symbols or markings, on said tag. Tags for different classes. Section 2. The application of this Act shall be effective as to the license tags issued for the year 1956 and subsequent years. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. GOVERNMENTAL MOTOR VEHICLESINSURANCE TO COVER INJURIES BY. No. 237 (Senate Bill No. 74). An Act authorizing a municipal corporation, a county, or any other political subdivision of the State to procure insurance to cover liability for damages on account

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of bodily injury or death resulting therefrom to any person, or for damages to property of any person, or both, arising by reason of ownership, maintenance, operation, or use of any motor vehicle; providing for limited waiver of governmental immunity, to authorize payment of premiums therefor from general funds; providing for the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A municipal corporation, a county or any other political subdivision of the State is authorized in its discretion to secure and provide insurance to cover liability for damages on account of bodily injury or death resulting therefrom to any person, or for damage to property of any person, or both, arising by reason of ownership, maintenance, operation, or use of any motor vehicle by the municipal corporation, county, or any other political subdivision of the State, under its management, control or supervision, whether in a governmental undertaking or not, and to pay premiums therefor. Insurance to cover injuries by motor vehicles. Section 2. Whenever a municipal corporation, a county, or any other political subdivision of the State shall purchase such insurance the negligence of any duly authorized officer, agent, servant, attorney, or employee in the performance of his official duties, its governmental immunity shall be waived to the extent of the amount of insurance so purchased. Neither the municipal corporation, county or political subdivision of the State, as the case may be, nor the insuring company shall plead such governmental immunity as a defense and may make only such defenses as could be made if the insured were a private person. The municipal corporation, county or any other political subdivision of the State shall be liable for negligence as herein provided only for damages suffered while said insurance is in force, but in no case in an amount exceeding the limits or the coverage of any such insurance policy. No attempt shall be made in the trial of any action brought against a municipal corporation, county or any other political

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subdivision of the State to suggest the existence of any insurance which covers in whole or in part any judgment or award which may be rendered in favor of the plaintiff, and if the verdict rendered by the jury exceeds the limits of the applicable insurance, the court shall reduce the amount of said judgment or award to a sum equal to the applicable limits stated in the insurance policy. Waiver of immunity. Amount of recovery. Section 3. Premiums on the insurance authorized by Section 1 shall be paid from the general funds of the municipal corporation, county or political subdivision. Premiums. Section 4. This Act shall become effective upon its passage by the General Assembly and approval by the Governor. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. BANKS AND BANKING ASSOCIATIONSTAXATION. Code 92-2406 Amended. No. 239 (House Bill No. 99). An Act to amend Section 92-2406 of the Code of Georgia of 1933, which Code section relates to the taxation of the shares of banks and banking associations and the real estate thereof, so as to provide that such banks or banking associations shall not be taxed upon their capital, but that the real estate and the shares of such banks or banking associations shall be taxed; to provide the situs, manner and method of returning such shares for taxation and the payment of taxes thereon; to provide certain deductions from the value of said shares for the real estate of such banks or banking

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associations; to provide that, if a bank or banking association transfers deposits from one office or branch to another office or branch to shift the proportionate taxation of its shares from one county, municipality or taxing district to another county, municipality or taxing district, such transfer shall be wholly ineffective to accomplish such purpose, and to provide a penalty for making such a transfer; to provide that the method of taxation herein provided shall apply to banks or banking associations located in the State of Georgia, whether organized under the laws of this State or the United States; to provide that banks and trust companies doing a general banking business shall not be required to pay any income tax; to repeal all laws or parts of laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 92-2406 of the Code of Georgia of 1933, as amended by Section 11 of an Act approved March 28, 1935, and known as the General Tax Act of 1935 (Ga. Laws 1935, pp. 11, 67), relating to the taxation of banks and banking associations organized under the laws of this State or the United States located within this State, is hereby amended by striking the same in its entirety and substituting in lieu thereof a new section to be numbered as Section 92-2406 of the Code and to read as follows: Code 92-2406 amended. No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or nonresident owners, shall be taxed at their full market value, including surplus and undivided profits, at the same rate provided by law for the taxation of tangible property in the hands of private individuals, provided that nothing in this section shall be construed to relieve such banks or banking associations from the tax on real estate held

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or owned by them, but they shall return said real estate at its true value in the county, municipality and taxing district where such real estate is located, provided further that when real estate is fully paid for the value at which it is returned for taxation may be deducted from the market value of their shares; 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 market value of their shares. The banks or banking associations themselves shall make the returns of their shares and pay the taxes thereon as herein provided. Banks or banking associations which have no branches shall return all of the shares of all stockholders of such bank or banking associations for taxation in the counties, municipalities and districts in which such banks or banking associations are located. Banks or banking associations which have branches shall return for taxation in the respective counties, municipalities and districts in which the banks or banking associations and their branches are located such proportion of the shares of all stockholders of such banks or banking associations as the total deposits on January 1 of each year originating in accounts attributable to each of such branches and the main office bear to the grand total of all deposits on January 1 of each tax year of such banks or banking associations and shall pay to the respective counties, municipalities and taxing districts the taxes on such proportions of said shares. At the time that a bank or banking association makes its tax returns in the respective counties, municipalities and taxing districts, the bank or banking association shall file with such return a sworn statement showing the total amount of deposits of such bank or banking association on January 1 of such tax year and the amount of the deposits on January 1 of such tax year originating in accounts attributable to the main office and attributable to the branch offices of such bank or banking association. The taxing authorities of each such county, municipality and taxing district are authorized to examine the books of such bank or banking association to determine the correctness of such sworn statement. Provided, further,

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that banks and trust companies doing a general banking business shall not be required to pay any income tax. New Section. Taxation. Section 2. A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall be wholly ineffective for such purpose and the bank or banking association making such transfer shall pay to the county, municipality and taxing district from which was made such transfer, in addition to the tax hereinbefore imposed, twenty-five (25%) percent of that part of the taxes on its shares which would have been avoided if such transfer had changed the situs of taxation of a proportion of its shares. Transfer of deposits to secure reduction. Section 2-A. This Act shall become effective January 1, 1957. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. TRADE-MARK ACT AMENDED. No. 240 (Senate Bill No. 31). An Act to amend the Trade-Mark Act of 1952 (No. 730 House Bill No. 380), approved February 14, 1952 by adding Section 17a thereto, to provide injunctive relief for likelihood of injury to business reputation or dilution of the distinctive quality of a trade-mark or other industrial property, and for other purposes. Be it enacted by the People of the State of Georgia, represented in the General Assembly: Section 1. Section 17a is added to the Trade-Mark

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Act of 1952 (No. 730 House Bill No. 380) approved February 14, 1952 the added section to read as follows: Section 17a. Every person, association, or union of working men adopting and using a trade-mark, trade name, label or form of advertisement may proceed by suit, and all courts having jurisdiction thereof shall grant injunctions, to enjoin subsequent use by another of the same or any similar trade-mark, trade name, label or form of advertisement if there exists a likelihood of injury to business reputation or of dilution of the distinctive quality of the trade-mark, trade name, label, or form of advertisement of the prior user, notwithstanding the absence of competition between the parties or of confusion as to the source of goods or services; except that the provisions of this section shall not deprive any party of any vested lawful rights acquired prior to the effective date of this amendatory Act. Injunction to protect trade-marks, etc. Section 2. All laws and parts of laws in conflict with this law are hereby repealed. Approved March 4, 1955. MOTOR VEHICLESLIABILITY OF OWNERS FOR NEGLIGENT INJURIES. No. 242 (Senate Bill No. 103). An Act to provide for the liability of the owner of any motor vehicle which may be operated upon the public highways, roads or streets of this State in the prosecution of the business of the owner or for the benefit of the owner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Every owner of a motor vehicle operated upon the public highways, roads or streets of this State

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shall be liable and responsible for the death, or injuries to person or property resulting from negligence in the operation of such motor vehicle, if said motor vehicle is being used in the prosecution of the business of such owner or if said motor vehicl is being operated for the benefit of such owner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. TAX REFUNDS. No. 243 (House Bill No. 268). An Act to amend an Act of the General Assembly of Georgia approved January 3, 1938 (Georgia Laws, Ex. Sess. 1937-1938, pp. 77-103) entitled An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; etc., by amending Subparagraph (b) of Section 34 of said Act, as said section was amended by Act of the General Assembly of Georgia approved March 8, 1945 (Ga. Laws 1945, pp. 272-276) and by Act of the General Assembly of Georgia approved January 31, 1946 (Ga. Laws 1946, p. 25), which paragraph of said section relates to refunds to taxpayers of taxes determined to have been erroneously or illegally assessed and collected, and to the procedure for granting such refunds, and to suits for such refunds when claims therefor have been denied, by inserting in the third sentence of said subparagraph, immediately following the word Commissioner, the words or his delegate, and also by striking from said paragraph of said section the following provision, to wit: Provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right at any time

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within two years after said claim is denied to sue for refund in the superior court of the county in which said taxpayer would have a right to appeal from a judgment by the State Revenue Commissioner, as in this Act provided. and by inserting in lieu of the provision thereof so stricken the following provision, to wit: Provided, further, that any taxpayer whose claim for refund is denied by the Commissioner or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing such claim, shall have the right to sue for refund in the superior court of the county of the residence of the taxpayer, unless the taxpayer be a railroad or other public service corporation or nonresident, in which event the taxpayer shall have the right to sue for refund in the superior court of the county in which is located the taxpayer's principal place of doing business in Georgia, or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office; provided, however, that if the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident, and maintaining his office, in this State, the taxpayer shall have the right to sue for refund in the Superior Court of Fulton County or in the superior court of the county in which the State Revenue Commissioner in office at the time the suit is filed resides. No suit or proceeding for the recovery of a refund hereunder shall be begun before the expiration of one year from the date of filing the claim for refund unless the State Revenue Commissioner or his delegate renders a decision thereon within that time, nor after the expiration of two years from the date said claim is denied; provided, however, that the two-year period herein prescribed for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during said two-year period or any extension thereof.; to provide for the effective date of this Act; to repeal conflicting laws; and for other related purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Subparagraph (b) of Section 34 of the Act of the General Assembly of Georgia approved January 3, 1938 (Georgia Laws, Ex. Sess. 1937-1938, pp. 77-103) entitled An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; etc., as said section was amended by Act of the General Assembly of Georgia approved March 8, 1945, (Ga. Laws 1945, pp. 272-276) and by Act of the General Assembly of Georgia approved January 31, 1946 (Ga. Laws 1946, p. 25), be and the same hereby is amended by inserting in the third sentence of said subparagraph, immediately following the word Commissioner, the words or his delegate, and also by striking from said subparagraph (b) of Section 34 of said Act the following provision, to wit: Provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right at any time within two years after said claim is denied to sue for refund in the Superior Court of the County in which said taxpayer would have a right to appeal from a judgment of the State Revenue Commissioner, as in this Act provided. and by inserting in lieu of the provision thereof so stricken the following provision, to wit: Provided, further, that any taxpayer whose claim for refund is denied by the Commissioner or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing said claim, shall have the right to sue for refund in the superior court of the county of the residence of the taxpayer, unless the taxpayer be a railroad or other public service corporation or nonresident, in which event the taxpayer shall have the right to sue for refund in the superior court of the county in which is located the taxpayer's principal place of doing business in Georgia, or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office; provided, however, that if the taxpayer is a nonresident

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individual or foreign corporation having no place of doing business and no officer or employee resident, and maintaining his office, in this State, the taxpayer shall have the right to sue for refund in the Superior Court of Fulton County or in the superior court of the county in which the State Revenue Commissioner in office at the time the suit is filed resides. No suit or proceeding for the recovery of a refund hereunder shall be begun before the expiration of one year from the date of filing the claim for refund unless the State Revenue Commissioner or his delegate renders a decision thereon within that time, nor after the expiration of two years from the date said claim is denied; provided, however, that the two-year period herein prescribed for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during said two-year period or any extension thereof. so that said Subparagraph (b) of Section 34 of said Act, as amended, shall read as follows: (b) Procedure for granting. In any case in which it shall be determined that an erroneous or illegal collection of tax or license has been made by the Commissioner, the taxpayer from whom such tax or license was collected may, at any time within three years after the date of the payment of same to the State Revenue Commissioner, file a claim for refund with the said Commissioner in writing and in such form and containing such information as the Commissioner may require, to include a summary statement of the grounds upon which the taxpayer relies, provided that should any person be prevented from filing such application because of his own or his counsel's service in the armed forces during said period, this period of limitation shall date from his or his counsel's discharge, as the case may be, from the service. In the event the taxpayer desires a conference or hearing before the Commissioner in connection with any claim for refund, he shall so specify in writing in the claim, and if the claim conforms with the requirements of this section the said Commissioner shall grant such a conference at a time he shall specify. The Commissioner

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or his delegate shall consider information contained in taxpayer's claims for refund and such other information as may be available and shall approve or disapprove the taxpayer's claim and notify such taxpayer of his action. In the event any claim for refund is approved, the Commissioner shall forthwith proceed under Subsection (a) of this section to give effect to the terms thereof. Provided, further, that any taxpayer whose claim for refund is denied by the Commissioner or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing said claim, shall have the right to sue for refund in the superior court of the county of the residence of the taxpayer, unless the taxpayer be a railroad or other public service corporation or nonresident, in which event the taxpayer shall have the right to suit for refund in the superior court of the county in which is located the taxpayer's principal place of doing business in Georgia, or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office; provided, however, that if the taxpayer is a nonresident individual or foreign corporating having no place of doing business and no officer or employee resident, and maintaining his office, in this State, the taxpayer shall have the right to sue for refund in the Superior Court of Fulton County or in the superior court of the county in which the State Revenue Commissioner in office at the time the suit is filed resides. No suit or proceeding for the recovery of a refund hereunder shall be begun before the expiration of one year from the date of filing the claim for refund unless the State Revenue Commissioner or his delegate renders a decision thereon within that time, nor after the expiration of two years from the date said claim is denied; provided, however, that the two-year period herein prescribed for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during said two-year period or any extension thereof. Provided, further, that in any case where the State Revenue Commissioner in making a refund may have previously

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paid interest on the erroneous or illegal taxes paid the State, such payment of interest is hereby validated. Provided, further, that in those cases where the State Revenue Commissioner has paid refunds without interest, he is authorized to amend said refunds by adding thereto 6 percent interest as provided by this Act. The authority of the State Revenue Commissioner to pay interest on such tax refunds shall be limited to the payment of such refunds as were made on or after March 1, 1952. Procedure for granting refunds. Suit. Interest. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon its approval. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1955. RICHMOND COUNTYCONSTRUCTION OF STREETS. Proposed Amendment to the Constitution No. 47 (House Resolution No. 82-297b). A Resolution. To propose an amendment to Article VII, Section 4, Paragraph 2 of the Constitution of Georgia, 1945, relative to the districting of counties, as amended by a constitutional amendment found in Georgia Laws 1952, p. 489, so as to change the area of Richmond County to which said 1952 amendment is applicable; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1. Article VII, Section 4, Paragraph 2 of the Constitution of Georgia of 1945 relative to the districting of counties, as amended by a constitutional amendment found in Georgia Laws 1952, p. 489, is hereby amended by striking from the language added by the aforesaid 1952 amendment the words and figure one hundred fifty (150) and inserting in lieu thereof the words and figure three hundred and fifty (350) so that when so amended the language added by the aforesaid 1952 amendment shall read as follows: The General Assembly may grant to the governing authority of Richmond County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property. Provided, however, that any Act of the General Assembly adopted pursuant hereto shall restrict the authority to those areas of said county where the property has been subdivided into lots having three hundred and fifty (350) feet of street frontage or less. 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII,

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Section 4, Paragraph 2 of the Constitution, as amended, authorizing the General Assembly to permit the governing authorities of Richmond County to construct streets, and other public improvements and assess the costs against the abutting property owners in areas of said county where property has been subdivided into lots having three hundred and fifty (350) feet street frontage or less. Against ratification of amendment to Article VII, Section 4, Paragraph 2 of the Constitution, as amended, authorizing the General Assembly to permit the governing authorities of Richmond County to construct streets, and other public improvements and assess the costs against the abutting property owners in areas, of said county where property has been subdivided into lots having three hundred and fifty (350) feet street frontage or less. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 4, 1955.

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DOUGLAS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 49 (Senate Resolution No. 23). A Resolution. Proposing an amendment to the Constitution so as to provide for the election for members of the Board of Education of Douglas County by the people; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding to the end thereof the following: The Board of Education of Douglas County shall be composed of five members, to be elected as hereinafter provided. For the purpose of electing the members, Douglas County is hereby divided into five education districts. Education District number one shall be composed of Militia District number 730 (Douglasville) and Militia District number 736 (Chapel Hill). Education District number two shall be composed of Militia District number 1273 (Salt Springs, better known as Lithia Springs). Education District number three shall be composed of Militia District number 784 (Chestnut Log). Education District number four shall be composed of Militia District number 1259 (Conners) and Militia District number 1271 (Middle). Education District number five shall be composed of Militia District number 1260 (Fairplay) and Militia District number 1272 (Crombies). The members of the board shall be elected only by the voters of the district which the member is to represent. Any person offering as a candidate to represent an education

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district on the board must reside in the district from which he offers. No person who resides in any part of Douglas County embraced within the territory of an independent school system shall be eligible for election as a member of the board, nor may any such person be eligible to vote in any election to elect members of the board. No person shall be eligible for membership on the board unless he has resided in the district from which he offers as a candidate for at least two months immediately preceding the election. Each member of the board shall receive $10.00 per diem for each meeting. In the event this amendment is ratified, it shall be the duty of the Ordinary of Douglas County to issue the call for an election and he shall set the date for such election for a day between the 15th and 20th days of December, 1956. Such election shall be for the purpose of electing the members of the Board of Education of Douglas County created under this amendment, and 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 by districts at least once preceding the date of the election in the official organ of Douglas County. The members elected at such election shall take office January 1, 1957. Such members and all future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held quadrienially on the same day that county officials are elected, and the persons elected shall take office the following January 1. In case of a vacancy on the board for any cause other than expiration of a term of office, the remaining members of the board shall elect a person who shall serve for the unexpired term. The Board of Education of Douglas County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1956, and the terms of office of all members of such board shall expire on such date. The county board of education as provided herein

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shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment. 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of the amendment to the Constitution so as to provide for the election of the members of the Board of Education of Douglas County by the people. Against ratification of the amendment to the Constitution so as to provide for the election of the members of the Board of Education of Douglas 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Approved March 4, 1955.

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STATE FORESTRY COMMISSION LANDSREVERSION TO GRANTOR. No. 50 (House Resolution No. 37-130b). A Resolution. Be it resolved by the General Assembly of the State of Georgia that: Whereas, Gair Woodlands Corporation did on the 25th day of July, 1952, convey to the State of Georgia certain property hereinafter described for the use of the Georgia Forestry Commission for tower purposes; and Whereas, this property has been declared by the said Georgia Forestry Commission to be of no further use to the State for the purposes for which it was conveyed; and Whereas, the deed of conveyance above referred to contained therein a reversionary clause providing that should said property be abandoned by the State that then in that event the title thereto would revert to said Gair Woodlands Corporation. Now, therefore, be it resolved, that said Georgia Forestry Commission be and it is hereby directed to abandon said property so that the title to said property described as follows: All that certain lot, tract or parcel of land lying, being and situate in the Seventy-eighth (78th) Georgia Militia District of Jefferson County, Georgia, containing one (1) acre, more or less, and being bounded as following: on the north, east, south, and west by lands of Gair Woodlands Corporation, and more particularly described as follows: beginning at an iron pipe, the northerly most corner of the land hereby conveyed and a common corner for the lands of Gair Woodlands Corporation, then south sixty-six degrees no minutes

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(6600') east three and seventeen one-hundredths (3.17) chains to an iron pipe on the south edge of the right-of-way of a county road, thence south twenty-four degrees no minutes (2400',) west three and seventeen hundred (3.17) chains to an iron pipe, thence north sixty-six degree no minutes (6600') west three and seventeen one-hundredths (3.17) chains to an iron pipe, thence north twenty-four degree no minutes (2400') east three and seventeen one-hundredths (3.17) chains to an iron pipe, point of beginning; all of which will more fully appear by reference to a map of said tract of land made by H. M. Brown, registered land surveyor, Georgia, dated July 25, 1952, a copy of which is hereto attached and made a part hereof., be and the same shall revert to said Gair Woodlands Corporation. Description. Approved March 4, 1955. MAGNOLIA STATE PARKLICENSE TO FEDERAL GOVERNMENT RATIFIED. No. 51 (Senate Resolution No. 37). A Resolution. Ratifying a license granted to the United States of America relative to Magnolia State Park; and for other purposes. Whereas, the State of Georgia by A. N. Moye, Director of the Department of State Parks, and Herman E. Talmadge, ex-officio Commissioner of Conservation and Governor of Georgia did grant under the date of October 18, 1954, a license to the United States of America authorizing the construction and maintenance of a foot bridge across Spring Mill Branch below Magnolia Spring to connect the Millen Fish Cultural Station property with the lands of the State of Georgia

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in Magnolia State Park, a copy of which license is on file in the office of the Secretary of State; and Whereas, it is desirable that the General Assembly ratify such action; Now, therefore, be it resolved by the General Assembly of Georgia, that the action of the two aforesaid officials in granting such license on behalf of the State of Georgia is hereby ratified. Be it further resolved, that the Secretary of the Senate is hereby directed to send a copy of this Resolution to the Secretary of State and the Director of the State Parks Department. Approved March 4, 1955. LAND CONVEYANCE TO CITY OF HAZLEHURST. No. 52 (House Resolution No. 86-297f). A Resolution. To authorize the Governor acting on behalf of the State to convey to the City of Hazlehurst an unused part of a tract of land conveyed to the Commissioner of Agriculture for use as a farmers' market; and for other purposes. Whereas, the City of Hazlehurst has previously conveyed to the Commissioner of Agriculture of the State of Georgia, his successors in office and assigns, a certain parcel of land in the City of Hazlehurst, Jeff Davis County, for the erection of a farmers' market; and Whereas, the parcel of land so conveyed is larger than the area needed to efficiently operate the farmers'

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market constructed hereon and the excess area is unused; and Whereas, the City of Hazlehurst desires to reacquire a certain part of that area to construct a gymnasium for the public school adjacent to said property; and Whereas, the unused portion of the conveyed property would be beneficial to the operation of the public schools of Hazlehurst and Jeff Davis County; Now, therefore, be it resolved by the General Assembly that the Governor is hereby authorized, acting on behalf of the State, to convey to the City of Hazlehurst, Jeff Davis County the following parcel of land, to wit: That parcel of land lying and being in the City of Hazlehurst, Jeff Davis County, Georgia, beginning at a point two hundred seventy-five (275) feet north 42 30' east from the center of the main track of the Southern Railroad where that track intersects the southeasterly side of Cromartie Street in the City of Hazlehurst; thence one hundred ninety-two and six-tenths (192.6) feet north 42 30' east, along the south-east side of Cromartie Street to an iron pipe; thence five hundred sixty-seven and three-tenths (567.3) feet south 48 east to an iron pin on the northwesterly side of the right-of-way line of the Georgia and Florida Railroad; thence two hundred five and two-tenths (205.2) feet South 42 west; thence northwesterly to the point of beginning. Description. Approved March 4, 1955.

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CALHOUN COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 53 (Senate Resolution No. 20). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the division of Calhoun County into five school districts; to abolish the existing five-member Board of Education of Calhoun County and to create a new seven-member board; to provide for the election of a seven-member board; to provide for their terms of office and qualification; to provide for submission of this amendment for ratification or rejection by the people; to provide an effective date; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I, of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows: The present County Board of Education of Calhoun County operating and existing before the effective date of this amendment is hereby abolished. There is hereby created a new board, to be known as the Calhoun County Board of Education, which shall have the same powers and duties as the present county board herein abolished. The Calhoun County Board of Education shall consist of seven members to be elected as herein provided. The members of the County Board of Education of Calhoun County shall be elected by the people at the same time and for the same term that other county officers of Calhoun County are elected, and shall hold their offices until their successors are elected and

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qualified. The County of Calhoun shall be, and the same is hereby divided into five school districts to be known and comprised as follows: The First School District to be composed of the 1316th Militia District or Edison District; the Second School District to be composed of the 574th Militia District or Arlington District; the Third School District to be composed of the 1123rd Militia District or Morgan District; the Fourth School District to be composed of the 626th Militia District or Leary District; and the Fifth School District to be composed of the 1304th Militia District or Cordray District. One member from each of the five above named school districts shall be elected to serve on said board, and only the registered and qualified voters in each district shall vote for the election of the member from that district, a majority vote being necessary for election. In addition to the above named members, there shall be elected to serve on the Calhoun County Board of Education two members from the county at large, who shall be elected by the registered and qualified voters of the entire county; any person qualifying as a candidate at large for membership on the said board must so designate at the time of his qualification, and only one member at large of said board of education may be elected from any one school district, the other member at large to be elected from some other school district; the two at large candidates receiving the highest number of votes shall be deemed elected. Within twenty days after the ratification of this amendment, it shall be the duty of the Ordinary of Calhoun County to issue a call for an election to be held not less than twenty nor more than thirty days thereafter, for the purpose of electing by the qualified voters in each district the member from that district, and the two members at large from the entire county, as herein provided for. Should a vacancy occur in the office of any member, the ordinary shall, within twenty days, issue a call for a special election to be held not less than twenty nor more than thirty days thereafter for a successor to be elected to fill said vacancy. To be eligible to hold office as a member of the Calhoun

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County Board of Education, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of the English education, be favorable to the common school system, and be qualified to vote for members of the General Assembly. This amendment shall be effective from the date of the proclamation by the Governor. 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 division of Calhoun County into five school districts, and the election of a seven-member County Board of Education of Calhoun County. Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, providing for the division of Calhoun County into five school districts, and the election of a seven-member County Board of Education of Calhoun 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.

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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 returs for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who, shall, if such amendment be ratified, make proclamation thereof. Approved March 4, 1955. SHIPMENT OF QUAILS TO PRESIDENT EISENHOWER. No. 55 (House Resolution No. 221). A Resolution. Whereas, although House Bill Number 518, sponsored by Georgia Quail Breeders Association, was introduced at the 1955 Session of the Georgia General Assembly, designed to enable members of said association to dispose of their surplus quails which they have on hand, and which said members raised, and Whereas, although said bill aforesaid, without opposition, and with the approval of the Georgia Game and Fish Commission, could not pass due to lack of time within which the General Assembly could act on, and Whereas, President Dwight D. Eisenhower was recently in Georgia for the purpose of, among other things, obtaining a mess of quails for the table of the White House in Washington, D. C., and failed in getting said quails for said White House table due to inclement weather, which prevented both the said President and the quails from stirring in the open frigid weather, and

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Whereas, said Georgia Quail Breeders Association and the various members thereof desire to ship to said President of the United States a suitable package of dressed quails, which is now against the law of Georgia. Now therefore be it resolved, by the House of Representatives of the State of Georgia, the Senate concurring that the Georgia Quail Breeders Association be hereby permitted to ship to President Dwight D. Eisenhower a mess of what is known as Bob White quail or quails, which were raised by the members of the said association either alive or dressed as the said President may be found to desire them. Approved March 4, 1955. SENTENCESINSTRUCTIONS AS TO ESCAPE. No. 56 (House Resolution No. 213). A Resolution. To have judges inform all prisoners at the time of sentencing such prisoners that to escape or attempt to escape shall be a felony; and for other purposes. Whereas, under Senate Bill #114 the escape or attempt to escape by a prisoner is made a felony; and Whereas, under existing law an officer may use such reasonable force, including to shoot a prisoner to prevent such prisoner from escaping or attempting to escape; and Whereas, it is felt that every prisoner sentenced should be informed of the consequences of an escape or an attempt to escape: Now, therefore, be it resolved by the General Assembly

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of Georgia, that every prisoner shall be informed by the judge imposing the sentence the consequences of an escape or an attempt to escape under existing law and that an escape or an attempt to escape shall constitute a felony. Approved March 4, 1955. MAJOR GENERAL GEORGE G. FINCH COMMENDED. No. 57 (House Resolution No. 187). A Resolution. Whereas, it has come to the attention of this House that Major General George G. Finch of Atlanta, Georgia, has recently assumed the high office of Commanding General of the 14th United States Air Force with headquarters at Warner Robins Air Force Base in Georgia, and Whereas, Major General Finch served his State and Nation with honor and distinction in World War I, World War II and the Korean Conflict, and Whereas, General Finch was in great part personally responsible for the magnificent record of the Air National Guard of Georgia in its reorganization after World War II and was the commanding general of that unit until he was called to the National Guard Bureau in the Pentagon in Washington, D. C., as Commander of the Air Section of the Bureau, and Whereas, other assignments in the Air Force, among them the Air Force Representative on the truce team representing the United Nations Command during important peace negotiations in Korea, have reflected great credit on Major General Finch and the Air National Guard of Georgia, and

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Whereas, it is the information of this House that Major General Finch is the only officer of the Air National Guard ever to occupy a major command of the United States Air Force; Now, therefore, be it resolved by the House, the Senate concurring that Major General George G. Finch be and is commended for reflecting such good and high credit on the people of his home State of Georgia and on the Air National Guard of this State and of the United States in being the first Air National Guard Officer to be assigned such high office. And be it further resolved that a copy of this Resolution be forwarded to Major General George G. Finch, Commanding General of the 14th United States Air Force at Warner Robins Air Force Base, Warner Robins, Georgia. Approved March 4, 1955. AUDIT OF COUNTY AFFAIRS IN CERTAIN COUNTIES. Code 23-1301 Amended. No. 304 (House Bill No. 168). An Act to amend Section 23-1301 of the Code of Georgia of 1933, the same being an Act authorizing the employment of an expert accountant to examine county affairs, so as to provide that in all counties of this State having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, an annual and continuing audit shall be made of county affairs; to provide for the appointment, qualification, compensation and term of such auditor; to provide the scope of such audit and the duties of the auditor; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 23-1301 of the Code of Georgia of 1933, the same being an Act authorizing the employment of a competent accountant to examine county affairs, be and the same is hereby amended by adding to said section additional paragraphs to be appropriately numbered and reading as follows: Code 23-1301 amended. Section 1. In all counties of the State of Georgia having a population of not less than 120,000 and not more than 145,000, according to the United States census of 1950, or any future United States census, an annual and continuing audit shall be made of county affairs, such audit to include an examination and report on the books, vouchers and account of any county officer, deputy, employee or administrator whose duty it is under the law to handle county funds and to include examination and reports on the receipt and disbursement of all funds received or handled by the county, whether derived from taxation, fees, the sale of bonds, revenue certificates, contributions of employees, or otherwise. Counties to which applicable. Section 2. It shall be the duty of the grand jury convened for the December term, 1955, and each regularly convened December term grand jury thereafter, during the first 14 calendar days of its term of service, to nominate three certified public accountants or firms of certified public accountants and to furnish to the commissioner of roads and revenues, or other governing authority of such counties, the names of such certified public accountants or firms of certified public accountants so nominated. The commissioner of roads and revenues or other governing authority of such counties, shall select one of the three nominations made by the grand jury and employ such person or firm so selected as the auditor of the county for a term of one year. In the event that the persons or firms selected by the grand jury refuse to accept employment, the grand jury shall submit additional nominations, not exceeding three at any one time, until an auditor shall have been employed. Employment of auditor.

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Section 3. The auditor shall make the audit provided for herein, for the year succeeding his appointment, and shall submit a complete and final report and audit to the governing authorities of such counties, and a copy thereof to the regularly convened March term of the grand jury in the year following the year audited. The commissioner of roads and revenues or other governing authority of such counties or any grand jury regularly convened in such counties may require interim and supplementary reports at any time from the auditor, and should such auditor discover any violations of the laws of Georgia or any irregularities in any of the finances or accounts of the county at any time, it shall be the duty of such auditor immediately to report such violations and irregularities to the commissioner of roads and revenues, or other governing authority, and to the grand jury then in session or if no grand jury is in session, to the first convened after such violations or irregularities are discovered. All final annual audits shall be published, as soon as submitted, in the official newspaper of the county in which the sheriff's advertisements regularly appear and it shall be the duty of the commissioner of roads and revenues, or other governing authority, of such counties to see that such publication is made. Any interim or supplementary audits may be published at the discretion of such governing authority. Duties of auditor. Publication of audits. Section 4. No certified public accountant or firm of certified public accountants shall be employed as auditor of such counties to make more than three consecutive annual audits. After a lapse of at least one yearly audit following such employment, any certified public accountant or firm of certified public accountants shall be eligible for re-employment. Restriction on employment. Section 5. The compensation of such auditor shall be fixed by the commissioner of roads and revenues, or other governing authority of such counties, and shall be approved by the grand jury making the nomination. In the event of a disagreement between the governing authority and the grand jury as to compensation of the auditor, the commissioner of roads and revenues, or

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other governing authority of such counties, may appoint one person who, together with the foreman of the grand jury and the senior judge of the superior court of the circuit in which such counties are located, shall form a committee and the majority of such committee shall fix such compensation. Compensation. Section 6. In the event that any grand jury upon whom any duties are placed by this Act shall refuse or fail to complete any action provided herein, the next regularly empanelled succeeding grand jury shall take such action. Section 7. The commissioner of roads and revenues, or other governing authority of such counties, is authorized to call on the auditor at any time for an analysis and opinion of any phase of the financial affairs of the county and it shall be the duty of the auditor, upon such request, to give such analysis and opinion, together with such recommendations as he may choose to make. Reports. Section 8. Notice of the intention to apply for the passage of this bill has been published in the newspaper in which sheriff's advertisements for said counties are published once a week for three weeks, during a period of sixty days immediately preceding its introduction in the General Assembly, attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 9. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. January 11, 1955. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that

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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 of the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 9, 16, 23rd, 1954. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 11 day of January, 1955. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal) Copy of Notice. Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia as its session convening in January, 1955, for the passage of local legislation, the title of such bill to be as follows: An Act to amend Section 23-1301 of the Code of Georgia of 1933, the same being an Act authorizing the employment of an expert accountant to examine county affairs, so as to provide that in all counties of this State having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, an annual and continuing audit shall be made of county affairs; to provide for the appointment, qualification, compensation, and term of such auditor; to provide the scope

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of such audit and the duties of the auditor; to repeal conflicting laws; and for other purposes. W. Hugh McWhorter, Jas. A. Mackay, Guy W. Rutland, Jr. 12-9-3t Approved March 7, 1955. INCOME TAX. Code 92-3109 Amended. No. 291 (House Bill No. 416). An Act to amend Subsection (f) of Section 92-3109 of the Code of Georgia of 1933, as amended, which subsection of said section provides for the deduction from gross income in computing net income for purposes of the Georgia income tax of a reasonable allowance for the depreciation and obsolescence of property used in the trade or business, and in the case of mines, oil and gas wells, other natural deposits and timber, a reasonable allowance for depletion, so as to provide that in the case of property described in Section 167 (c) of the Federal Internal Revenue Code of 1954 the term reasonable allowance for the depreciation and obsolescence of property as used in said Subsection (f) of said Section 92-3109 shall include (but shall not be limited to) an allowance computed in accordance with regulations prescribed by the State Revenue Commissioner under any of the methods described in Paragraphs (2), (3), and (4) of Section 167 (b) of the Federal Internal Revenue Code of 1954; to provide for the effective date of this Act; 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 Subsection (f) of Section 92-3109 of the Code of Georgia of 1933, as amended, which subsection of said section provides for the deduction from gross income in computing net income for purposes of the Georgia income tax of a reasonable allowance for the depreciation and obsolescence of property used in the trade or business, and in the case of mines, oil and gas wells, other natural deposits and timber, a reasonable allowance for depletion, be and the same is hereby further amended by adding the following sentence to said Subsection (f) of said Section 92-3109: In the case of property described in Section 167 (c) of the Federal Internal Revenue Code of 1954 the term `reasonable allowance for the depreciation and obsolescence of property' as used in this subsection shall include (but shall not be limited to) an allowance computed in accordance with regulations prescribed by the State Revenue Commissioner under any of the methods described in Paragraphs (2), (3) and (4) of Section 167 (b) of the Federal Internal Revenue Code of 1954., so that said Subsection (f) of said Section 92-3109, when so amended, shall read as follows: (f) Depreciation and depletion .A reasonable allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits, and timber, a reasonable allowance for depletion: Provided, that after the cost has been recovered or restored through depreciation previously allowed for either Federal or State income tax purposes no further deduction shall be allowed. The amount allowed as a deduction for depreciation or depletion shall in no instance exceed the amount so allowed in a return filed with the Federal Government for the same period, but the amount allowed as a deduction for percentage depletion in the case of mines, oil and gas wells, other natural deposits and timber shall be the same depletion as now allowed under Federal Internal Revenue Code Section 23 (m), and the basis for such percentage depletion allowance shall be the same as now provided under Federal Internal Revenue Code Section 114 (b) (3), (4). In the case of property

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described in Section 167 (c) of the Federal Internal Revenue Code of 1954 the term `reasonable allowance for the depreciation and obsolescence of property' as used in this subsection shall include (but shall not be limited to) an allowance computed in accordance with regulations prescribed by the State Revenue Commissioner under any of the methods described in Paragraphs (2), (3), and (4) of Section 167 (b) of the Federal Internal Revenue Code of 1954. 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 after December 31, 1953. 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. Approved March 4, 1955. GAME AND FISH COMMISSION. No. 322 (Senate Bill No. 60). An Act to completely and exhaustively revise, supersede and consolidate the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, whether codified or statutory; to provide for a State Game and Fish Commission, the appointment of the members, their powers, duties, responsibilities, and compensation; to provide for employees of said commission, their powers, duties, responsibilities and compensation; to provide for laws, rules and regulations, State agreements, Federal Acts; to provide for licensing and permits, posting lands, hunting, trapping, fishing, seafoods; to provide for criminal offenses and punishments therefor, to provide for procedures

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connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. In order to completely and exhaustively revise, supersede and consolidate the laws and procedures relating to the State Game and Fish Commission and to game and fish, there are hereby enacted the following sections and provisions: Section 2. (a). The word commission shall mean the State Game and Fish Commission. (b). Wildlife shall mean any vertebrate or invertebrate animal life indigenous to the State of Georgia or any such species introduced or specified by the State Game and Fish Commission. Definitions. (c). Hunt or hunting shall mean pursuing, shooting, killing, and capturing wildlife and all lesser acts such as disturbing, harrying, or worrying, or placing, setting, drawing, or using any device used to take wildlife, whether they result in taking or not; and shall include every act of assistance to any person in taking or attempting to take wildlife. (d). Fishing shall include catching, capturing, or killing fish and all sea food; and all lesser acts such as attempting to catch, capture, or kill by any device or method; and shall include every act of direct assistance to any person in catching or attempting to catch fish or sea-food. (e). Private pond is a body of water being wholly on or within the lands of one title, where the fish cannot go up stream or down stream or to the lands of another. Section 3. There is hereby created and established a commission to be known as the State Game and Fish

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Commission composed of one member from each congressional district in this State, and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden. The member from the First Congressional District and the member from the Eighth Congressional District shall not be from any of the six counties named herein. The members of such commission shall be appointed by the Governor and confirmed by the Senate, and shall hold office until their successors are appointed and qualified. The Governor shall not be a member of such Commission. Game and Fish Commission. Section 4. Persons appointed to the commission shall take oath of office and give bond in the sum of $1,000 in the usual form required of State Officers. Oath, bond. Section 5. The members of the State Game and Fish Commission appointed hereunder shall hold office for terms of seven years from the expiration of the terms of their predecessors. All members of the State Game and Fish Commission appointed under the provisions of an Act approved February 8, 1943 (Ga. Laws 1943, p. 128), as amended, particularly as amended by an Act approved March 9, 1945 (Ga. Laws 1945, p. 404), shall remain in office until the expiration of their terms under the above said Act, or until removed according to law and they shall have such rights, powers, duties and receive such remuneration as herein prescribed by this Act. Terms. Section 6. Any vacancy in said commission shall be filled by a qualified person appointed by the Governor for the unexpired term, subject to confirmation by the Senate, and any appointment, whether for a full term or to fill a vacancy, made when the Senate is not in session, shall be effective until the same is acted upon by the Senate. Vacancies. Section 7. Immediately after appointment, taking the oath of office and qualification, the members of the commission shall meet at any convenient and designated

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place within the State of Georgia and elect a chairman, and thereafter the commission shall elect a chairman annually. The members of the commission, including the chairman, shall each receive $20.00 for each day of actual attendance of meetings of the commission at such designated places, and actual cost of transportation to and from the place of meeting and their respective homes by the nearest practicable route not to exceed.06 per mile. The members of the commission, including the chairman shall receive while on committee assignment $20.00 for each day of actual service and actual cost of transportation to and from the place of service and their respective homes by the nearest practical route, not to exceed six cents per mile, provided, however, that the total per diem compensation paid in any year to any member of the commission shall not exceed $900.00. Such per diem and travel expense shall be paid from funds of the commission. The commission shall meet at such times and at such designated places in this State as it may determine and it may convene in called session upon call by the chairman or by a majority of the members of the commission. Meetings. Per diem. Section 8. All funds resulting from the operation of the State Game and Fish Commission and from the administration of the laws and regulations pertaining to wildlife and to the State Game and Fish Commission, excluding fines, but including all license fees and other income, shall be paid into the general fund of the State Treasury, and each year, at least such amount shall be appropriated to the Game and Fish Commission. Appropriations. Section 6 of House Bill No. 219, Act No. 62, relating to disposition of funds, previously enacted by this General Assembly and approved by the Governor on February 9, 1955, is hereby superseded and repealed, said section being convered by Section 8 hereof. Section 9. All appropriations heretofore made to the State Game and Fish Commission for carrying out the provisions of an Act approved February 8, 1943 (Ga. Laws 1943, p. 128), as amended, particularly as amended

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by an Act approved March 9, 1945 (Ga. Laws 1945, p. 404), and now unused by said commission are hereby transferred to the State Game and Fish Commission created under this Act. Section 10. The commission shall have power to adopt all rules, regulations and methods of administration necessary for the efficient operation of the commission as herein created and established, but the commission shall do the following: Powers of commission. (a). Keep a public record, correctly disclosing all moneys received and expended by them and all such other information as may be necessary or proper in the conduct of the affairs and business of the commission. The books and accounts of the commission shall be audited in the same way as other books and accounts of the other departments of the State are audited. (b). Keep records of all their meetings and doings in a minute book provided for such purpose, keeping said records in the office at the State Capitol, and making them available for public inspection like the other records of this State. (c). Have and keep a seal of office which shall be used to authenticate all papers and documents issued and executed by them. Section 11. The State Game and Fish Commissioner at its first meeting shall appoint a director, who shall be the executive secretary and administrative officer of the commission, and have such other powers and duties as may be prescribed by the commission and by this Act, for all of which duties combined he shall receive a salary to be fixed by the commission from time to time which in no event shall exceed $8,600.00 per annum, including any contingent expense allowance, payable monthly, and traveling expenses necessary in the performance of his duties. The director shall devote his full time to the duties of his office and shall have such power and shall perform such duties as may be

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assigned to and required of him by the commission. He shall take oath of office and give bond in the sum of $10,000.00 in the usual form required of State officials. Such director shall have offices at the State Capitol, which shall also be the office of the commission. The director shall hold office at the pleasure of the commission. No member of the commission during his tenure of office or within two years thereafter shall be eligible for appointment as director or for any employment under the commission or the director. Director. Section 12. The commission shall appoint a supervisor of coastal fisheries, who shall receive a salary to be fixed by the commission from time to time, and who shall serve at the pleasure of the commission. He shall devote his full time to his official duties, and shall take oath and give bond in the sum of $10,000.00 in the usual form required of State officials. The supervisor of coastal fisheries shall perform such services in connection with the development and protection of fish, shell fish and crustaceans, and such other duties as may be assigned to him by the commission and director. Supervisor of coastal fisheries. Section 13. The commission shall appoint and fix the salaries of such assistants and employees, including a uniformed division to be known as wildlife rangers, of such number as may be necessary to carry out the duties assigned to them by the commission and director, within funds available to and appropriated therefor, all of whom shall serve at the pleasure of the commission. The commission shall not appoint any persons or assistants, or employees including wildlife rangers, related by blood in a degree closer than third cousins to the members of the commission or to the director. Employees. (a). The State Game and Fish Commission is hereby authorized to purchase, as other State purchases are made, all necessary uniforms to equip the wildlife rangers as a uniform division and to pay for said uniforms from any funds made available to the State Game and Fish Commission for the operation of the department. Uniforms and equipment.

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Section 14. The commission is hereby directed and authorized to perform the following duties and functions: 1. Acquire by purchase, condemnation, lease, agreement, gift or devise, lands or waters suitable for the purposes herein enumerated, and develop, operate and maintain the same for the following purposes: Duties of commission. (a). For fish hatcheries, nursery ponds, or game farms, sanctuaries, reservations, and refuges: (b). Lands or waters suitable for wildlife restoration, propagation, protection or management: (c). For public hunting, fishing or trapping areas, to provide places where the public may hunt, trap or fish in accordance with the provisions of law or the rules and regulations of the commission. 2. To fix bag and creel limits and to fix open and closed seasons for all wildlife on a statewide, regional, or local basis, as they may find to be appropriate, except as otherwise provided by law. 3. To regulate the manner, method, ways, means and devices of killing, taking, capturing, transporting, storing, selling, using, and consuming wildlife, except as otherwise provided by law. 4. To capture, propagate, transport, buy, sell or exchange any species of wildlife needed for propagation or stocking purposes, and to exercise control measures of undesirable species. 5. To designate by the promulgation of rules and regulations the wildlife that shall be called game animals, furbearing animals, game birds, game fowl and game fish. 6. To promulgate rules and regulations for purposes herein set out.

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7. To prohibit anyone from entering or being on any State game refuge while under the influence of drugs, intoxicating liquors, beers, wines, or other beverages. 8. To designate, if any, what non-game birds, their nest and eggs can be taken, captured, killed or possessed at any time. 9. To enter into cooperative agreements with educational institutions and State and Federal and other agencies to promote wildlife management and conservation. Section 15. All rules and [UNK]regulations promulgated by the State Game and Fish Commission shall have the force and effect of law upon complying with the following procedures: (a). The commission shall post at the courthouse door of the county or counties that will be affected, a complete copy of such rules or regulation certified by the chairman of the commission, and shall file, an additional certified copy thereof in the office of the ordinary of the county or counties affected, at least 30 days before the effective date of such rules or regulation. Rules and regulations. (b). The commission may issue by proclamation, rules and regulations to protect wildlife in areas where there are forest fires, floods, or other emergency situations without the necessity of posting such regulations in the county or counties affected or filing copy of same in the office of the ordinary. The rules and regulations shall have the force and effect of law upon proclamation by the commission, and such proclamation shall show the date and hour of proclamation. (c). When rules and regulations are passed under the authority of the State Game and Fish Commission, they shall be admitted in evidence in any court in this State upon certificate under seal of the clerk of the court of ordinary in the county where said court is sitting, that such is a copy of the rules and regulations of the State Game and Fish Commission, certified by the chairman

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of the commission, on file in the court of ordinary in said county or as issued by proclamation by the commission. Said certificate shall show the date of filing of said rules and regulations in the court of ordinary and the date of posting said rules and regulations at the courthouse door of said county or the date and hour of proclamation, and said certificate shall be proof of such facts. Provided, however, a certificate from the director or chairman of the commission shall be sufficient as evidence of emergency rules and regulations herein provided for. Section 16. Any person or corporation who shall violate any of the rules or regulations promulgated by the commission shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. Violations. Section 17. No wildlife ranger or other employee of the Game and Fish Department shall receive any portion of fines of forfeitures imposed by the courts for violations of the wildlife laws. The proceeds from all fines and forfeitures arising from the violation of the wildlife laws, rules and regulations shall be used, except as otherwise provided herein, first, to pay the proper officers of the trial court as prescribed by law. The money remaining after said officers have been compensated shall be remitted promptly by the clerk of the court in which the case is disposed of to the county treasurer of the county in which said fine is assessed, who shall deposit said funds in the general fund of the county, but to be allocated to the said county school board for school purposes. The clerk of the court in which each case is disposed, shall promptly make a written report to the Director of Game and Fish, showing the disposition of each case; and for making each report he shall be entitled to an additional fee of $1.00 in each case, to be added to the cost allowed by law against the defendant, to be retained by said clerk as his special compensation for making such report. Fines and forfeitures. Section 18. The wildlife rangers of this State shall have the power:

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(a). To enforce all laws, rules and regulations pertaining to wildlife and as otherwise provided. (b). To execute all warrants and search warrants for the violation of the laws, rules and regulations pertaining to wildlife. Wildlife rangers. (c). To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules and regulations pertaining to wildlife. (d). To arrest without warrant any person found violating any of the laws, rule[UNK]s and regulations pertaining to wildlife, or to hunting, fishing, or boating. (e). To seize and take possession of all wildlife or parts thereof, taken, caught, killed, captured or in possession, or under control, or which have been shipped or are about to be shipped at any time in any manner or for any purpose contrary to the laws, rules and regulations pertaining to wildlife, Seizures made under this section shall be donated to some charitable institution in this State, provided that such wildlife so seized shall be liberated when alive and substantially uninjured. (f). To go upon any property outside of buildings, posted or otherwise, in the performance of their duties. (g). To carry firearms while performing duties pertaining to wildlife. Section 10. The State Game and Fish Commission is authorized to provide for the free passage of fish in the fresh water streams of Georgia for the purpose of spawning and propagating, and to erect or cause to be erected fish-ladders or other passage-ways whereby fish may pass over any dam or other obstruction placed in the fresh-water streams of Georgia, by any firm, person or corporation. Passageways for fresh water fish. (a). It shall be the duty of the State Game and Fish Commission to give written notice to any person, firm,

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or corporation, owning, leasing or constructing any dam or other obstruction whereby the free passage of fish is restricted in the fresh-water streams of this State to provide a suitable fish-ladder or passage-way over any dam or other obstruction, and that such person, firm or corporation shall within 60 days after the receipt of such notice provide at its own expense such fish-ladder or other suitable passage-way for the purpose of allowing fish in such fresh water to freely pass over such dam or other obstruction. (b). Should any person, firm or corporation owning, leasing or constructing any dam or other obstruction in the fresh-water streams of this State, fail and refuse to provide such fish-ladder or other passageway after receiving the notice, as herein required, the State Game and Fish Commission is hereby authorized to build or erect such fish-ladder or other passageway over such dam or obstruction, and the cost of the same shall be assessed by the State Game and Fish Commission against the person, firm or corporation, owning, leasing or constructing such dam or obstruction. (c). The State Game and Fish Commission is hereby authorized to issue an execution as at common law against such person, firm or corporation for the actual expense incurred in construction of such fish-ladder or other passageway, which shall be collected by levy and sale by the sheriffs or other lawful officers of this State from such person, firm or corporation, owning, leasing or constructing such dam or obstruction, as fi. fas. or executions are called at law. Section 20. That to facilitate and provide for more adequate patrol of the coastal waters of the State, and the commercial fisheries thereof, and to assist in the better enforcement of the laws, rules and regulations passed for the protection of the wildlife resources of the State in such coastal areas, the State Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other purchases are made, aircraft and other necessary

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equipment to be used for covering and patrolling all of the coastal waters within the jurisdiction of the State. Patrol of coastal waters. Section 21. The State Game and Fish Commission is hereby authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the States of Alabama, Florida, South Carolina, North Carolina and Tennessee, whereby a citizen of the State of Georgia who owns farm lands in the said adjoining States may purchase a resident hunting license in the State in which his land is situated which will permit said Georgia citizen to hunt on his own land in the adjoining State without purchasing an out-of-state hunting license. The State Game and Fish Commission is hereby authorized and empowered to reciprocate this courtesy and issue a resident hunting license in Georgia to citizens of said adjoining States who own farm lands in Georgia permitting such citizens to hunt on their own land in Georgia without purchasing an out-of-state hunting license. Courtesy hunting licenses. Section 22. The State Game and Fish Commission is hereby authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the States of Alabama, Florida, North Caroline, South Carolina, and Tennessee, whereby a valid fishing license issued by the State of Georgia will be accepted and honored, as and in lieu of a fishing license for the respective States so agreeing, for fishing on the banks and in the waters of lakes, rivers and streams lying between the State of Georgia and such adjoining State or partly within the boundaries of both the State of Georgia and the adjoining State, and valid licenses issued by the respective States so agreeing shall be accepted and honored, as and in lieu of a Georgia fishing license, for fishing upon said lakes, rivers and streams. Interstate agreements as to fishing licenses. (a). The purpose of this section is to authorize the State Game and Fish Commission to enter into such agreements with all States bordering on the State of Georgia, but it is not intended that the benefits of such agreements should extend to licenses of all bordering

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States on all lakes, rivers and streams lying upon the border of Georgia, but are to apply separately to those lakes, rivers and streams lying between the State of Georgia and each respective State so agreeing. Section 23. Atlantic States Marine Fisheries Compact . The Governor of this State is hereby authorized and directed to execute a compact on behalf of the State of Georgia with any one or more of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Florida, and with such other States as may enter into the compact, legally joining therein the form substantially as follows: ATLANTIC STATES MARINE FISHERIES COMPACT. The contracting States solemnly agree: ARTICLE I. The purpose of this compact is to promote the better utiliztion of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries, and by the prevention of the physical waste of the fisheries from any cause. It is not the purpose of this compact to authorize the States joining herein to limit the production of fish or fish products for the purpose of establishing or fixing the price thereof, or creating and perpetuating monopoly. ARTICLE II. This agreement shall become operative immediately as to those State executing it whenever any two or more of the States of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida have executed it in the form that is in accordance with the laws of the executing State and the Congress has given its consent. Any State contiguous with any of the aforementioned States and

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riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned States, may become a party hereto as hereinafter provided. ARTICLE III. Each State joining herein shall appoint three representatives to a commission hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative agency of such State charged with the conservation of the fisheries resources to which this compact pertains or, if there be more than one officer or agency, the official of that State named by the Governor thereof. The second shall be a member of the legislature of such State designated by the commission or committee on interstate cooperation of such State, or if there be none, or if said commission on interstate cooperation cannot constitutionally designate the said member, such legislator shall be designated by the Governor thereof; provided, that if it is constitutionally impossible to appoint a legislator as a commissioner from such State, the second member shall be appointed by the Governor of said State in his discretion. The third shall be a citizen who shall have a knowledge of an interest in the marine fisheries problem to be appointed by the Governor. This commission shall be a body corporate with the powers and duties set forth herein. ARTICLE IV. The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, and anadromous, of the Atlantic seaboard. The commission shall have power to recommend the coordination of the exercise of the police powers of the several States within their respective jurisdictions to promote the preservation of those fisheries and their protection against overfishing, waste, depletion or any abuse

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whatsoever, and to assure a continuing yield from the fisheries resources of the aforementioned States. To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the Governors and legislatures of the various signatory States legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Atlantic seaboard. The commission shall, more than one month prior to any regular meeting of the legislature in any signatory State, present to the Governor of the State its recommendations relating to enactments to be made by the legislature of this compact. The commission shall consult with and advise the pertinent administrative agencies in the States party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable. The commission shall have power to recommend to the States party hereto the stocking of the waters to such States with fish and fish eggs or joint stocking by some or all of the States party hereto and when two or more of the States shall jointly stock waters the commission shall act as the coordinating agency for such stocking. ARTICLE V. The commission shall elect from its number a chairman and a vice-chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.

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ARTICLE VI. No action shall be taken by the commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting States present at any meeting. No recommendation shall be made by the commission in regard to any species of fish except by the affirmative vote of a majority of the compacting States which have an interest in such species. The commission shall define what shall be an interest. ARTICLE VII. The Fish and Wildlife S[UNK]ervice of the Department of the Interior of the Government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission cooperating with the research agencies in each State for that purpose. Representatives of the said Fish and Wildlife Service shall attend the meetings of the commission. An advisory committee to be representative of the commercial fisherman and the salt water anglers and such other interests of each State as the commission deems advisable shall be established by the commission as soon as practicable for the purpose of advising the commission upon such recommendations as it may desire to make. ARTICLE VIII. When any State other than those named specifically in Article II of this compact becomes a party thereto for the purpose of conserving its anadromous fish in accordance with the provisions of Article II, the participation of such State in the action of the commission shall be limited to such species of anadromous fish. ARTICLE IX. Nothing in this compact shall be construed to limit the powers of any signatory State or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory State imposing additional

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conditions and restrictions to conserve its fisheries. ARTICLE X. Continued absence of representation or of any representative on the commission from any State party hereto shall be brought to the attention of the Governor thereof. ARTICLE XI. The States party hereto agree to make annual appropriations to the support of the commission in proportion to the primary market value of the products of their fisheries, exclusive of cod and haddock, as recorded in the most recent published reports of the Fish and [UNK]Wildlife Service of the United States Department of the Interior, provided no State shall contribute less than two hundred dollars per annum and the annual contribution of each State above the minimum shall be figured to the nearest one hundred dollars. The compacting States agree to appropriate initially the annual amounts scheduled below, which amounts are calculated in the manner set forth herein, on the basis of the catch record of 1938. Subsequent budgets shall be recommended by a majority of the commission and the cost thereof allocated equitably among the States in accordance with their respective interests and submitted to the compacting States. Schedule of Initial Annual State Contributions. Maine $ 700 New Hampshire 200 Massachusetts 2,300 Rhode Island 300 Connecticut 400 New York 1,300 New Jersey 800 Delaware 200 Maryland 700 Virginia 1,300 North Carolina 600 South Carolina 200 Georgia 200 Florida 1,500 ARTICLE XII. This compact shall continue in force and remain binding upon each compacting State until renounced by it. Renunciation of this compact must be preceded by sending six months' notice in writing of intention to withdraw from the compact to the other States party hereto. (a). In pursuance of Article III of said compact there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries Commission (hereinafter called commission) from the State of Georgia. The first commissioner from the State of Georgia shall be the Director of the Department of Game and Fish of the State of Georgia ex officio, and the term of any such ex officio commissioner shall terminate at the time he ceased to hold said office of Director of the Department of Game and Fish and his successor as commissioner shall be his successor as Director of the Department of Game and Fish. The second commissioner from the State of Georgia shall be a legislator and member of the Commission on Interstate Cooperation of the State of Georgia ex officio, designated by said Commission on Interstate Cooperation, and the term of any such ex officio commissioner shall terminate at the time he ceases to hold said legislative office or said office as Commissioner on Interstate Cooperation and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of said commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate)

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for the unexpired term. The Director of the Department of Game and Fish as ex officio commissioner 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 commission. The terms of each of the initial three members shall begin at the date of the appointment of the appointive commissioner, provided the said compact shall have then gone into effect in accordance with Article II of the compact; otherwise they shall begin upon the date upon which said compact shall become effective in accordance with said Article II. Any commissioner may be removed from office by the Governor upon charges and after a hearing. Georgia members. (b). There is hereby granted to the commission and the commissioners thereof 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 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 State Government or administration of the State of Georgia are hereby authorized and directed at convenient times and upon request of the said commission to furnish the said commission with information and data possessed by them or any of them and to aid said commission by loan of personnel or other means lying within their legal rights respectively. Grant of powers. State participation. (c). 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 Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York,

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New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina and Florida or by the Congress or the terms of said compact. (d). The commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the Legislature of the State of Georgia on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during the 12 months preceding December 1st of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State of Georgia which may be necessary to carry out the intent and purposes of the compact between the signatory States. Reports and recommendations. The Comptroller of the State of Georgia is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements and such other items referring to its financial standing as such Comptroller may deem proper and to report the results of such examination to the Governor of such State. Books and accounts. (e). The sum of two hundred dollars ($200.00) per annum, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the State treasury not otherwise appropriated, for the expenses of the commission created by the compact authorized by this Act. Appropriation. (f). If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of 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 24. The consent of the General Assembly is hereby given to the making by Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game and non-game

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birds, and fish on such lands in the northern part of Georgia as shall have been, or may hereafter be, purchased by the United States under the terms of the Act of Congress of March 1, 1911, entitled An Act to enable any State of cooperate with any other State or States or with the United States for the protection of the watersheds of navigable streams and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers (36 United States Statutes at Large, page 961), and Acts of Congress, supplementary thereto and amendatory thereof, and in or on the waters thereof. Federal Act of 1911. Section 25. The State of Georgia hereby assents to the provisions of the Act of Congress entitled An Act to provide that the United States shall aid the State in wildlife restoration projects, and for other purposes, approved September 2, 1937 (Public Number 415, 75th Congress, Title 16, Chapter 5 b United States Code, Annotated). The State Game and Fish Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the establishment and conduct of cooperative wildlife restoration projects as defined in the said Act of Congress, in compliance therewith and rules and regulations promulgated by the Federal agency authorized thereunder. The State Game and Fish Commission shall have authority to do all things necessary in cooperation with all agencies of the United States Government in connection with propagation, restoration and protection of wild life in this State. Federal Act of 1937. Section 26. The State of Georgia hereby assents to the provisions of the Act of Congress entitled an Act to provide that the United States shall aid the States in fish restoration and management projects, approved August 9, 1950, (Public Laws 681, 81st Congress), and the Fish and Game Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of co-operative fish restoration projects, as defined in said Act of Congress, in compliance with said Act and rules and regulations promulgated by the Secretary of the

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Interior thereunder; and no funds accruing to the State of Georgia from license fees paid by fishermen shall be diverted for any other purpose than the administration of the Division of Fish and Games and for the protection, propagation, preservation, and investigation of wildlife. Federal Act of 1950. Section 27. The State Game and Fish Commission shall have the right and authority to enter into a co-operative agreement with the United States Government, or with the proper authorities thereof, for the protection and management of the wildlife resources of the National Forest lands within the State of Georgia and for the restocking of the same with desirable species of wildlife. National Forest lands. (a). The Game and Fish Commission shall have authority to close all hunting and fishing within said lands so contracted for with the Federal Government for such period of time as may be, in the opinion of the Game and Fish Commission, necessary; shall have authority from time to time to prescribe the season for hunting or fishing therein, prescribe the number of animals and game, fish and birds that shall be taken therefrom and the size thereof, and to prescribe the conditions under which the same may be taken. LICENSING. Section 28. Hunting, fishing and trapping licenses in this State shall be issued and sold by the commission upon such forms which contain such information as the commission may prescribe; provided, said licenses for hunting and fishing shall be sold in each county by some designated bonded agent who shall keep stubs of all licenses sold. All licenses shall be charged to such agent, who shall account for same and for the cash from resulting sales. The agent selling such licenses shall not receive for himself more than twenty-five cents (25) for each license issued. Hunting, fishing and trapping licenses. Section 29. Any person who shall knowingly make

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a false statement in his application for any type of hunting, fishing or trapping license, except as otherwise provided, shall be guilty of a misdemeanor and shall be punished as provided by law. NON-RESIDENT. Section 30. It shall be unlawful for any person not a resident of Georgia to hunt, fish or trap in the jurisdiction of this State without a proper non-resident license, except as otherwise provided by law and interstate agreements. It shall be unlawful for any non-resident to hunt, fish or trap without carrying the required license on his person. Any person violating any provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Non-resident license fees shall be as follows: Trapping (a). Yearly in location where permitted $25.00 Hunting (a). Yearly throughout the State 20.25 (b). Yearly in one county (license must designate the county) 10.25 (c). For a period of ten days throughout the State 10.25 Fishing (a). Yearly throughout the State 5.25 Provided, however, that any person not a resident of this State who desires to fish in this State may obtain from the commission a license, which fee shall be in the same amount as the State in which such non-resident resides charges for non-resident fishing licenses. Such license issued by the commission shall bear the date of April first of the year in which issued and shall expire on March thirty-first of the following year; provided,

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however, that non-residents may purchase daily permits to fish within the waters of Georgia open to fishing, upon exhibiting a current fishing license issued by the State of his residence and upon payment of the sum of $1.00 for each day for which a permit is desired. RESIDENT. Section 31. It shall be unlawful for any resident of this State to hunt, fish or trap without a proper resident license. It shall be unlawful for any resident of this State to hunt, fish or trap in this State without carrying the required license upon his person. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Resident license fees shall be as follows: Trapping (a). Yearly in the location where permitted $3.00 Honorary License (a). All legal residents of Georgia who are 65 years of age or more and who apply to the commission shall receive an honorary hunting and fishing license which shall entitle the holder thereof to hunt and fish without the payment of any fee whatsoever. All honorary hunting and fishing licenses with the exception of the payment of fees, are subject to all other provisions of laws, rules and regulations of this State. Such honorary licenses may be revoked upon the conviction of the holder for any violation of the game and fish laws of this State. It shall be unlawful for any person having a honorary fishing license or hunting license to permit the use of same by any other person. It shall also be unlawful for any person to use an honorary hunting and fishing license who is not entitled to the same. Any person violating the provisions of this section shall

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be guilty of a misdemeanor and punished as provided by law. All sport fishing licenses issued under the provisions of this section and Section 30 hereof, shall entitle the holder thereof to sport fish in any of the fresh or salt waters of this State, but in the latter case, only within the three mile limit. Resident licenses shall be issued as provided by House Bill No. 219, Act No. 62, relating to resident licenses, previously enacted by this General Assembly and approved by the Governor on February 8, 1955. Sections 1 through 4 of said Act are not repealed hereby but are expressly continued of force and effect; provided however, that so much of Par. (a) of Sec. 4 of House Bill No. 219 as reads as follows is hereby superseded and repealed:... and landowners and their families and their duly authorized tenants, shall not be required to procure any such licenses for hunting or fishing on such landowner's lands and private ponds., said provisions being covered by separate sections of this Act herein. SCIENTIFIC AND PROPAGATION PERMITS. Section 32. Under the seal of the commission, permits may be issued to any person to take, capture, kill, ship or transport any of the wildlife of this State or the plumage, skin or body thereof, or the nest or eggs of the same for propagation or scientific purposes or for pets, under such regulations and restrictions as may be imposed by the commission. Such permits may be issued upon payment of a fee of $1.00, and the same may be revoked at the pleasure of the commission. Such permits, unless sooner revoked, shall be valid from April first of the year in which issued until March thirty-first of the following year. It shall be unlawful for any person or persons to take, capture, kill or transport any of the wildlife of this State or the plumage, skin or body thereof, or the nests or eggs of the same for propagation or scientific purposes, or for pets, without first obtaining a valid permit as herein provided. Anyone violating the

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provisions of this section shall be guilty of a misdemeanor and punished as provided by law. COMMERCIAL LICENSE. Section 33. Shad. No person shall take shad from the waters of this State for purposes of sale without first having procured from the commission a license as follows: Persons having a residence within this State and being citizens of the United States shall pay a fee of $1.00 for such license. Citizens of other States residing outside of this State shall pay a fee of $10.00. All licenses provided for in this section shall be effective from April first of the year in which issued until March thirty-first of the following year. Any person or persons who take shad from the waters of this State for the purpose of sale in violation of the provisions of this section, without having first procured the license herein required, shall be guilty of a misdemeanor and punished as provided by law. Section 34. (a). No boat or vessel shall be used in commercial fishing or for commercial taking of any seafood in the waters of this State without being properly licensed. The owner or operator of such boat or vessel shall present in writing an application for such license, setting forth the name and description of such boat or vessel, the name and post office address and residence of the owner and operator of such boat or vessel, the number of the crew and such other data and information as the commission shall deem necessary. Applications shall be made on blank forms as prescribed by the commission, and shall be under oath and duly witnessed by an officer authorized by law to administer oaths. Any person operating such boat or vessel which is not properly licensed shall be guilty of a misdemeanor and punished as provided by law. License of commercial fishing boats. (b). The commission, upon receipt of such commercial license application, shall investigate the person applying for such license to determine the applicant's credibility. If such investigation reveals that the applicant has been

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convicted within five years of violating the laws, rules or regulations pertaining to the taking of fish or the taking of seafood in the tidal or salt waters of this State, the license shall be refused. If such investigation does not reveal any such conviction o other good reason for not issuing such license, the commission shall issue the license for such boat or vessel. (c). The license fees for commercial boats required under this section shall be as follows: 1. Boats under 16 feet long and under 4 feet beam $1.05 2. Boats over 16 feet long and over 4 foot beam $1.05 And in addition thereto shall be a fee of 20 cents for each additional foot or fraction thereof of length and beam. To defray the additional cost of regulation and policing, aliens and non-residents shall be charged an additional license fee of $25.00 for each boat or vessel used in commercial fishing or in the taking of sea food, owned in whole or in part by such non-resident or alien; provided, that the license issued herein to non-residents or aliens shall be dated January first of the year issued and shall expire on December thirty-first. (d). Any person procuring a license for any boat or vessel as provided in this section by swearing falsely to any information required by the laws or regulations relating thereto shall be guilty of a misdemeanor and punished as provided by law. Section 35. Each boat or vessel licensed by the commission shall have securely fixed on each side of the bow or pilot house thereof, and conspicuously displayed in order that it may be read from a reasonable distance, a metal tag of such style and size as may be prescribed by the commission. The license of such boat or vessel shall be required to pay, in addition to the license for such boat or vessel, a fee to cover the cost of said tag;

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provided, the price charged for such tag shall not exceed $2.00 per boat or vessel. Each boat or vessel so licensed shall also have painted upon such boat or vessel, in a size and upon such part as prescribed by the commission, such numbers and letters which shall identify such boat or vessel more easily. The paint used for said purpose shall be different from and in clear contrast in color to the boat or vessel on which applied. The numbers and letters so painted on said boat or vessel shall not be covered at any time while said boat or vessel is trawling or fishing or taking any seafood, by any cloth or other object so as to obscure or make the same invisible to the public or to any inspector or agent of the commission. Failure to comply with the provisions of this section shall be a misdemeanor and persons so violating shall be punished as provided by law. Tags. Identifying numbers. Section 36. Every boat or vessel used in commercial fishing or in the taking of seafood in tidal or salt waters of Georgia shall be required to maintain and carry thereon at all times a record book, to be prescribed by the commission, showing the amount of fish, oysters, prawn, shrimp and other seafood caught daily, to whom sold, the date of sale and delivery, and such other information as may be required by the commission. Such records shall be open at any and all times to the duly authorized inspectors or agents of the commission. The owner or licensee of, or any person operating said boat or vessel, shall be required to make such reports monthly or as may be otherwise required by the commission. Any person failing to keep the record herein required or failing to produce the same upon the demand of the duly authorized inspectors or agents of the commission, or who shall in any manner fail to comply with the provisions of this section, shall be guilty of a misdemeanor and punished as provided by law. Record book. Section 37. No person shall take or catch fish or any kind of sea food from the tidal or salt waters of this State for commercial purposes, except as otherwise provided, without first obtaining the proper license to do so. Such license shall be obtained from the commission

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and shall be effective for a period of 12 months from the date of issuance. The fee for such license shall be $2.00 for residents and $5.00 for non-residents and aliens, the additional cost for the latter being required to defray the additional cost for regulation and policing. Any person violating the provisions of this section, or any person procuring a license as provided hereunder by swearing falsely to any information required by the laws or regulations relating thereto shall be guilty of a misdemeanor and punished as provided by law. The license required by this section is a personal license separate and distinct from the boat licenses required in Section 34 of this Act. Commercial license, saltwater fishing. Section 38. Each and every commercial fisherman shall each year, prior to engaging in commercial oyster gathering, obtain an oyster collector's permit from the commission. The permit shall be in the form of a chart to which is attached or affixed the date, the name of the individual, the company the individual is working for, and the number of the State health certificate. The chart shall show the areas on which oysters cannot be taken because of pollution as determined by the State Department of Health. Oyster collector's permit. A master chart showing the pollution zone shall be kept on file at the office of the supervisor of coastal fisheries. The chart shall also show the areas from which the applicant may obtain oysters by virtue of demonstrated authority: Charts. (1) Lease of State-owned land. (2) Ownership of lands or authorized agent for owner. (3) Lease of lands from landowners. (4) Permit from coastal fisheries office to remove oysters from natural oyster beds on unleased State lands. A duplicate oyster collector's permit with chart shall be filed with the coastal fisheries office of the commission.

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The permits provided for herein shall be furnished to the applicants by the office of the coastal fisheries at cost price. The coastal fisheries office shall furnish sufficient charts covering the areas of operations to satisfy needs. These charts shall be recent United States Coast and Geodetic charts, or accurate facsimiles of same. Section 39. Every person, while engaged in commercial oyster collection from oyster beds, shall carry with him the permit as herein required and it shall be unlawful for any person to engage in oyster collection for commercial purposes without first having with him a permit to do so. It shall also be unlawful for any person to collect or engage in collecting oysters from any polluted areas or sources, or from any areas or sources other than as shown and authorized for use by the permit granted to him. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Illegal taking of oysters. Section 40. Nothing in this Act shall prohibit an individual from taking not in excess of two bushels of oysters per day for his own use, when authorized to do so by written permission of the landowner, which written permission shall be in possession of the person so taking. POSTING LAND AND REGISTRATION. Section 41. Any person who shall hunt with dogs, firearms, or in any other way on any lands, enclosed or unenclosed, of another, or fish with hook, seine, nets, or in any other way in any streams, lakes, ponds or lagoons of another, which have been properly posted or after being forbidden so to do or when ordered to desist therefrom by the owner thereof or by the person having the same in charge or his agent, shall be guilty of a misdemeanor and punished as provided by law. It shall be the duty of the wildlife rangers, sheriffs and deputy sheriffs to enforce the provisions of this section. Hunting or fishing on posted lands.

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Section 42. The posting of notices forbidding all persons to hunt thereon or fish in the streams, ponds, lakes, or lagoons thereon or adjacent thereto at two or more places on each tract of land (although such notices, from any cause, shall thereafter be defaced, knocked down, or destroyed) and the registering of the name of the landowner, lessee of the land, or lessee of the game rights on the land in the register for posting lands shall be legal notice under this Chapter. Posting. Section 43. It shall be the duty of the ordinaries, or the commissioners of roads and revenues in the counties where such boards exist, to furnish a suitable book, to be known as the register for posting lands, to the clerk of the superior court of their respective counties, in which the landowner, lessee of the land, or lessee of the game rights on the land, shall register his or her name, after having first stated in the presence of the officers in charge of said book that the notices have already been posted upon said land, as required by the preceding section. Register for posting lands. Section 44. It shall be the duty of the tax receivers or county tax commissioners, as the case may be, of the several counties to carry the register for posting lands with them on all their rounds when receiving tax returns, and all landowners who have placed a notice at two or more points on their lands as required by this Chapter are hereby authorized to register their names in the register for posted lands in the presence of the tax receiver or county tax commissioner, as the case may be, of their counties, in the same way as if registered in the presence of the clerks of the superior courts of their several counties. At the time of the registering of the name of the landowners, he shall also register a description of the lands that have been posted, giving the district in which said lands are located and either the numbers of the lots or other description of the lands sufficient to put the public on notice of the lands referred to. For registering said name and description the officer in whose presence the registry is made is authorized

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to charge and collect a fee of 25 cents from the person so registering. Registration. TRANSPORTATION. Section 45. It shall be unlawful for any person to take, ship, or transport from any point within this State to another point within this State or from any point within the State to any point beyond the borders of this State, except as otherwise provided, any wildlife taken, captured, or killed in this State unless such wildlife be in the personal possession of or carried openly by the person who took, captured, or killed such wildlife. Such person shipping or transporting such wildlife shall have in his possession at the time a proper license or permit as prescribed by the wildlife laws, rules and regulations. Any violation of this section shall be a misdemeanor and punished as provided by law. Illegal shipping of wildlife. Section 46. Any resident of Georgia taking, capturing, or killing wildlife may have such wildlife transported to his home by a common carrier by filing with the common carrier a written statement giving his name and address, the number of wildlife to be so transported, and that said wildlife was legally taken, captured, or killed by himself and is to be lawfully used or sold. A copy of said statement shall be attached to such wildlife or to its packaging. Any resident of Georgia who has such wildlife transported by common carrier without carrying out the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Section 47. Any person who desires to take, ship, or transport wildlife out of the State may do so under the following conditions, but not otherwise: (a). He must have in his possession at the time of such taking, shipping, or transporting a proper wildlife license or permit duly issued to him by the commission. Shipment out of State. (b). He cannot take from the State more than the limits set by the commission.

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(c). He shall make a sworn statement, duly attested to by any authorized officer of this State, which statement shall show that he has lawfully taken such wildlife and that they are not for sale, except as otherwise permitted by the wildlife laws, rules and regulations, and he shall show the number of wildlife being shipped, transported, or taken out of the State. One copy of this statement shall be given the common carrier and one shall be attached to the wildlife being shipped, transported, or taken out of the State. (d). He shall submit his license and sworn statement to any sheriff, deputy sheriff, or wildlife ranger for inspection. (e). Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Section 48. Any person who has been issued and is holding a valid scientific permit may ship, or transport, from any point within this State to any other point within the State or to points beyond the State any wildlife or parts thereof for propagation or scientific purposes. The transportation companies may accept such shipments and both the shipper and transportation company accepting such shipments shall on the same day that the shipment is made report to the commission the number and the species of such wildlife shipped, and to whom, and by whom shipped. Any violation of this section shall be a misdemeanor and shall be punished as provided by law. Shipment under scientific permit. Section 49. It shall be unlawful for any person, company, or common carrier to ship, transport, or to receive for shipment or transportation any wildlife, except as otherwise provided by the wildlife laws, rules and regulations, without having ascertained that the person offering the same for shipment or transportation was then and there in possession of a proper license or permit, duly issued for the period when the shipment was offered. Any person, firm, or corporation who shall ship, or

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transport the skins, hides, or pelts of fur-bearing animals shall be required to make reports of such shipments or transportation as may be required by the rules and regulations of the commission. Any person, firm, or corporation who shall violate any terms of this section shall be guilty of a misdemeanor and punished as provided by law. Illegal shipment. HUNTING, FISHING AND TRAPPING. Section 50. It is hereby made the duty of every person participating in the privileges of killing, taking, capturing or possessing wildlife, to permit the commission, its officers and wildlife rangers, to inspect and count such wildlife to ascertain whether the requirements of the wildlife laws, rules and regulations are being faithfully complied with. Any person who shall refuse such inspection and acount or shall interfere with such officer or obstruct such inspection or count, shall be guilty of a misdemeanor and punished as provided by law. Inspection of wildlife taken. Section 51. Any person who makes any use of, or has in his possession any wildlife or parts thereof, which have been killed, taken, captured, possessed or destroyed contrary to any of the wildlife laws, rules and regulations, shall be equally guilty of the offense and shall be punished in like manner as the person who caught, took, killed or destroyed such wildlife. Illegal possession of wildlife. Section 52. In any prosecution for the violation of any of the provisions of the wildlife laws, rules and regulations, it shall not be a defense that the person killing, taking, capturing, possessing, selling, shipping or storing wildlife was mistaken as to variety, sex, age, size; it being one of the purposes of the wildlife laws to penalize recklessness resulting in the violation of the wildlife laws, rules and regulations. Defenses in persecution for violation. Section 53. Except as otherwise, specifically provided, it shall be unlawful for any person, firm, or corporation in this State to barter, sell, or offer to barter, sell,

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or to purchase or offer to purchase, either under the name of the wildlife laws, rules and regulations or under any other name of guise whatever, any of the game birds, game fowl, or game animals of this State, except that it shall be lawful for any person to commercially raise, grow, propagate, sell and purchase ringneck pheasants in the State of Georgia, provided, however, that wildlife rangers or officers of the Federal Fish and Wildlife Agency may buy, or offer to buy, wildlife or parts thereof for the sole purpose of obtaining evidence of violations of the wildlife laws, rules and regulations. Any persons violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Illegal sale of game birds and animals. Section 54. Any person hiring another to kill, take, capture, or possess wildlife and receiving such wildlife shall be deemed as having killed, taken, captured or possessed same and subject to the penalties of the wildlife laws, rules and regulations. Hiring another to commit offense. Section 55. It shall be unlawful for any person, firm or corporation to have in possession in this State any wildlife purchased outside of the State of Georgia, without first securing or obtaining a permit from the commission. All bills of lading and shipping tickets covering any wildlife which said person, firm or corporation might have in possession, shall be open to and available for inspection by the commission and any of their agents or representatives. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Wildlife purchase out of State. Section 56. No person shall hunt in this State with firearms while under the influence of any intoxicating wines, beers or liquors. Any person violating this section shall be guilty of a misdemeanor and punished as prescribed by law. It shall be legal to hunt wildlife with dogs except as otherwise provided by the laws, rules and regulations pertaining to wildlife. Hunting while drunk. Section 57. It shall be lawful to hunt, chase, or catch

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foxes with dogs; provided, that no hunter shall go upon the lands of another without the permission of the owner, the lessee of the land, or the lessee of the game rights on the land. Foxes. Section 58. Any person hunting deer with dogs in any locality other than that prescribed by the rules and regulations of the commission shall be guilty of a misdemeanor and punished as provided by law. Deer. Section 59. Any person may, and it shall be the duty of every wildlife ranger to kill any dog pursuing or killing deer in any locality other than that prescribed by the rules and regulations of the commission permitting such hunting, and no action for damages shall be maintained against the person for the killing. Dogs pursuing deer. Section 60. It shall be unalwful to hunt or shoot or chase, catch or kill, with or without dogs, any wildlife upon a public highway. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Wildlife on highway. Section 61. It shall be unalwful to hunt, chase or kill any game fowl, game birds, game and furbearing animals or wild fowl from an electric, gas or steam boat, sailboat or airplane, or by hydroplane, or from any automobile or motor vehicle. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Hunting from boats, airplanes, etc. Section 62. It shall be unlawful to disturb, mutilate or destroy the den, holes, or homes of any wild animals except as otherwise provided by the wildlife laws, rules and regulations; to blind with lights or to use explosives, chemicals or mechanical devices or smokers of any kind in order to drive such wildlife out of said habitats. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Lights, explosives, etc. It shall be unlawful for any person at any time to make

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use of any pitfall, deadfall, scaffold, catch, snare, trap, net, salt lick, blind pig, baited hook, or other device for the purpose of killing, taking, capturing or injuring birds or animals protected by the wildlife laws, rules and regulations, except as otherwise provided. Any person violating any part of this section shall be guilty of a misdemeanor and punished as provided by law. Pitfalls, snares, etc. Section 63. (a). No person shall take or kill rabbits or hares in this State except during the lawful hunting season, which shall be from October 1 through the last of February next succeeding. Rabbits. (b). No person shall take or kill more than five rabbits or hares in any one day, nor shall any person sell or offer to sell any rabbit or hare, or parts thereof. (c). Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (d). The provisions of this section shall not apply to persons who raise rabbits and kill them for the purpose of resale. Section 64. It shall be unlawful for the owner of land or any other person to scatter corn, wheat or other grain, or to bait for the purpose of drawing game birds or fowl to the land where such bait was scattered or placed, for the purpose of shooting or allowing to be shot at or killing or taking such game birds at or near the land so baited, and it shall be unlawful for any person to shoot at or kill any game birds at, upon, over or near any baited field or land. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Baiting. Section 65. Any person who shall hunt upon the lands of another, or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from such landowner or lessee of the land or lessee of the game rights of the land, shall

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be guilty of a misdemeanor and punished as provided by law. It shall be the duty of wildlife rangers, sheriffs and deputy sheriffs to enforce the provisions of this section. Trespass. Section 66. Any person who shall hunt in any of the creeks, streams or estuaries leading from the Atlantic Ocean, sounds, rivers or bays of this State surrounding the several islands of this State, used or maintained in whole or in part as private or public game preserves, when such creek, stream or estuary leads into such islands, or shall enter such creek, stream or estuary for the purpose of hunting therein, without the consent of the owners or resident guardian of such island, shall be guilty of a misdemeanor and punished as provided by law; provided, that this law shall apply only to a salt water creek, stream or estuary that enters and ends in an island owned in its entirety by a single ownership, family or estate. It shall be the duty of wildlife rangers, sheriffs and deputy sheriffs to enforce the provisions of this section. Trespass (salt waters). Section 67. The commission shall designate by rules and regulations what wildlife may be hunted, killed, taken or captured at night, and what ways, means and methods shall be used, and the location where permitted. It shall be a misdemeanor to hunt, kill, take or capture any wildlife at night other than the wildlife designated by the commission. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Night hunting. Section 68. Every person killing a deer in this State shall within five days report the fact in writing to the commission. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Report of deer killed. Section 69. It shall be a misdemeanor, punishable as provided by law, for any person to hunt or kill wildlife within one-half mile of any stream or river which is in flood, until such time that such flood waters shall have receded. The term in flood shall be held and

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deemed to mean such stream that shall have overflowed its bank or banks; provided, however, that this provision shall not prohibit the hunting or killing of water fowl when in season anytime from boats upon said stream or river. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Hunting on stream in flood. Section 70. The commission shall promulgate rules and regulations, designating the time allowed for consuming wildlife killed during the legal seasons and the conditions under which the storage of such wildlife may be allowed. Provided, however, that it shall be a misdemeanor for any person, firm or corporation operating a grocery store, hotel, market, cold storage house, restaurant, or any public place designed to receive for storage, to store any wildlife which has been killed, unless the person offering to store such wildlife shall first exhibit a proper game and fish license, together with written permission from the commission or their designated officials, to store such wildlife, which permit shall be kept by the person, firm or corporation accepting such wildlife for storage. Said permit shall be exhibited on demand to any agent or representative for the commission. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Storage of wildlife. TRAPPING. Section 71. The commission shall, by the promulgation of rules and regulations, designate the kinds and species of wildlife that can be lawfully trapped during trapping seasons. It shall be unlawful for any person, firm or corporation to trap out of season, or to trap any wildlife in this State unless it is the kind and species designated in the rules and regulations of the commission. Provided, that it shall be lawful for any person to set steel traps within two hundred yards of the residence or dwelling of any such person for the protection of

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livestock, poultry, or other fowl or domesticated animals from any vermin or predatory animal, bird or fowl. Section 72. All traps set or used for the purpose of taking wildlife shall be stamped with the owner's name in such a manner that the same shall be legible at all times. Any trap or traps found that are not stamped as required above may be confiscated and destroyed by the commission, its officers, and wildlife rangers. Making of traps. Section 73. In times of emergency, where the health and welfare of the people in a locality are in danger, the commission may issue permits allowing trapping by designated persons in certain defined localities for the purpose of protecting the public health and welfare. Such designated persons shall not be required to have a trappers license to carry out such emergency trapping. Emergency trapping. Section 74. It shall be unlawful for any person to set or place any trap, or bait the same upon the lands of, or in the waters adjoining the lands of any person, for the purpose of taking, capturing or killing any wildlife upon the lands of another except during the open seasons on such wildlife, and then only after such persons have obtained the written consent of the owner of the lands, which written consent shall be upon the person who may be using or setting said device. Trapping on lands of another. Section 75. It shall be the duty of the wildlife rangers to confiscate all traps, pitfalls, deadfalls, scaffold, catch, snare, net, salt lick, blind pig, baited hook, or other similar devices used in violation of the wildlife laws, rules and regulations and to dispose of same as may be directed by the commission. Confiscation of illegal devices. Section 76. All traps shall be inspected within each thirty-six hours and anything caught therein shall be removed. Inspection of traps. Section 77. Persons trapping upon the lands of another shall at once make the owner of the lands a full written report of the head of stock, fowl, or dog caught

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in the trap or other trapping device set by such person, giving the date such stock, fowl, or dog was caught with full description thereof. Report as to domestic animals caught. (a) When damage is done to any person's stock, fowls, dogs or like property, by reason of being caught by said devices, the one setting or placing said devices shall be liable for all damages done by them. Damage. Section 78. Any violation of the provisions of the trapping laws, including the rules and regulations of the commission, shall be a misdemeanor and punished as provided by law. Section 79. It shall be a misdemeanor to use any kind of firearm to kill or injure mink or otter or to possess or offer for sale any mink or otter pelts killed by any kind of firearm; provided, that nothing herein shall prevent a person from killing any of said animals while they are destroying or damaging, or about to destroy or damage, such person's crops, domestic fowl or other personal property. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Mink, otter. Section 80. Except as otherwise provided by the wildlife, laws, rules and regulations, any person who shall kill, take or capture or have in his possession any wild non-game bird, or take or destroy the nest or eggs of any non-game bird or have the same in his possession, shall be guilty of a misdemeanor and punished as provided by law; provided, that any person may ship into this State birds mounted for millinery purposes. Non-game birds. FISHING. Section 81. Any person who shall fish in the waters or from upon the lands of another with or without a license, without first having obtained permission from such landowner or person in charge, shall be guilty of a misdemeanor and punished as provided by law. Wildlife rangers, sheriffs and deputy sheriffs, and all other

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peace officers of this State, any county or municipality thereof, shall enforce the provisions of this section. Trespass. Section 82. The owner of a private pond, his family or tenants with the owner's consent, shall be permitted to fish within the bounds of said pond at any time and in any manner, without a fishing license; provided, however, that all other persons shall be required to obtain fishing licenses therefor as in other cases as required by this Act. Private ponds. Section 83. Any person who shall use any battery, generator or other similar device, or any dynamite, explosives or destructive substances, including poisons, walnut hulls, lime, and others, for the purpose of catching, killing, taking or harming fish, shall be guilty of a misdemeanor and punished as provided by law. The possession of any of the foregoing devices or substances in any boat on the fresh waters of this State shall be deemed prima facie evidence of guilt under this section; provided, this provision shall not apply to batteries used to operate motors or lights. Batteries, explosives, etc. Section 84. Any person who shall use any kind of firearm for the purpose of killing fish shall be guilty of a misdemeanor and punished as provided by law. Firearms. Section 85. No person shall barter, sell, or offer to barter, sell, or offer to barter, sell or to purchase or offer to purchase, or have in possession for barter or sale, any game fish, except as otherwise provided by law. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Illegal possession and sale. Section 86. (a) Any person who shall place in any river, creek or stream any dam, trap, net, seine or other device for catching killing, taking, or harming fish, unless the main channel of such stream shall be left open for a space of 10 feet for rivers, and one-third of the channel of a creek or stream at low water mark, unobstructed for the free passage of fish up and down such stream, shall be guilty of a misdemeanor and punished

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as provided by law. The sheriff of the county or wildlife rangers shall have authority to break and open any dam, net or other obstruction that may be placed in such waters in violation of this section. This section shall not apply to dams for milling and manufacturing purposes, except as otherwise provided. Provided, however, that the commission may promulgate rules and regulations prohibiting the use of said methods herein prescribed or may modify the footage space as herein required. Traps, nets, etc. (b) Any person who shall place or cause to be placed in any of the waters of this State, except private ponds as herein defined, any trap, basket or similar device for the purpose of catching fish, shall be guilty of a misdemeanor and punished as provided by law. It shall be the duty of the wildlife rangers, sheriff or deputy sheriff to confiscate and destroy such trap, basket or similar device, upon discovery of same, and report that fact to the commission. (c) Provided however, the Game and Fish Commission may, in conducting fisheries research and other projects in the fresh, salt, or tidal waters of this State, utilize baskets, nets, seines, traps, chemicals and any and all other devices or substances of any description, size or character whatever; provided further however, the use by the commission thereof shall not be construed as conferring like authority on any other person, firm, corporation or institution. Section 87. (a) Baskets may be used to take rough fish in the waters of this State during such seasons, in such streams, and with baskets of such type and size, as the commission shall by rule or regulation prescribe. Rough fish. (b) 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 yearApril 1 through March 31st, provided, however, that the employees of the State

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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. (c) 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. (d) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Section 88. Any person who shall fish in any of the salt water creeks, streams or estuaries leading from the Atlantic Ocean, sounds, rivers or bays of this State surrounding the several islands of this State used or maintained in whole or in part as private or public game preserves, when such creek, stream or estuary leads into such island, or who shall enter such creek, stream or estuary for the purpose of fishing therein without the consent of the owners or resident guardian of such island, shall be guilty of a misdemeanor and punished as provided by law; provided, that this section shall apply only to a salt water creek, stream or estuary that enters and ends in an island owned in its entirety by single ownership, family or estate. Trespass (salt water). Section 89. The possession or the having in any boat in or upon the waters of this State, nets or other devices for the purpose of taking shad during such time as the law prohibits the taking of such fish, shall be prima facie evidence that the person having such nets or equipment in his possession is guilty of taking shad in violation of the wildlife laws, rules and regulations. Shad. Section 90. Any individual, firm or corporation, including the State of Georgia, owning the real property

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on both sides of a tidal stream or estuary for its entire length, shall have the right of full control over the shellfish and/or waterfowl of such tidal stream or estuary. Where the real property on both sides of a tidal stream or estuary is owned by two o more persons, firms or corporations, then the right of full control over such tidal stream or estuary may be exercised jointly by such individuals, firms or corporations. Such person or persons so vested with such right of full control shall also be seized and possessed with exclusive right to take shellfish therefrom except as otherwise provided; provided, that such person or persons shall post conspicuously on either side of the entrance of such stream or estuary a sign, with letters not less than six inches in height, reading POSTED.. No Admittance. Any person who shall take shellfish and/or waterfowl from any such tidal stream or estuary after the same has been posted, shall be guilty of a misdemeanor and punished as provided by law; provided, however, that this Act shall not apply to persons while engaged in commercial shad or cat fishing, or to persons while engaged in sport fishing with hook and line; provided, also that no such owner of lands adjoining any such tidal stream shall be permitted to construct barricades or other obstacles across such stream to prevent ingress and egress to and from such stream. Fishing on tidal streams. FRESH WATER COMMERCIAL FISHING. Section 91. (a) Any person engaged in the taking, killing, or capturing of commercial or non-game fish from the public impounded waters and navigable streams of the State of Georgia may use in such commercial fishing operations hoop and fyke nets, seines, gill nets, trammel nets, setlines, trotlines, and snaglines. However, all such nets, setlines, trotlines, snaglines shall conform to the rules and regulations promulgated by the Game and Fish Commission covering same, who shall designate when, where and how same shall be used, and provided further that prior to using any of said nets, seines, or other commercial fishing devices, as herein specified, a person shall have first secured a license permitting the

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use of such fishing gear, such license to be issued in the manner prescribed by this section. (b). The license required by this section shall be a personal license required of each individual engaging in the activities covered hereby, and shall be effective from April 1st to March 31st next following. (c). Said licenses shall be issued only by the Game and Fish Commission, and the fee therefor shall be ten dollars ($10.00) for residents, and twenty dollars ($20.00) for non-residents and aliens, the additional cost for the latter being required to defray the added cost of policing and regulation. (d). All species of fish designated by the game and fish laws or regulations as game fish which are taken by use of commercial fishing gear shall be immediately returned to the waters from which taken, and possession of such fish by commercial fishermen shall be unlawful, and such possession by such commercial fishermen shall be prima facie evidence that such fish were taken by commercial fishing gear. (e). The use of the commercial fishing gear as designated in this section shall not be permitted within one-half mile below any lock or dam on any waters to which this section applies. (f). No person shall take or catch or attempt to take or catch any fish by means of any of the fishing gear designated in this section within one hundred yards above or below the mouth of any of the streams, lakes, estuaries, bayous or rivers emptying into any of the salt waters or bays of this State. (g). Should any law enforcement officer of this State or employee of the Game and Fish Commission discover commercial fishing gear being used in violation of the terms of this section, he shall seize and hold the same, and in the event no one within a reasonable time claims seized commercial fishing gear and the owner thereof

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is unknown to the person finding the same, it shall be confiscated and shall become the property of the Game and Fish Commission and shall be disposed of as ordered by the Director of the Game and Fish Commission. (h). Upon conviction of any person for the violation of any of the provisions of this section, all licenses held by any such person to fish commercially or operate or use commercial fishing gear in the public impounded waters or navigable streams of this State may, at the option of the court, be forfeited for a period of six months from the date of conviction. (i). It shall be unlawful to knowingly ship or transport or to knowingly receive for shipment or transportation any fish taken from the public impounded waters or navigable streams of this State in violation of the terms of this section, and should such fish be knowingly shipped or transported or knowingly received for shipment or transportation, the same shall be seized and confiscated and upon confiscation shall be disposed of as ordered by the Director of the Game and Fish Commission. (j). The provisions of this section, in so far as they relate to the use of setlines, trotlines, or snaglines shall not apply to duly licensed (sport fishing) resident or non-resident fishermen who shall fish in the public fresh waters of this State and who do not at any time use more than twenty hooks while so engaged. (k). Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. OYSTERS, SHRIMP, PRAWN AND CRABS. Section 92. It shall be unlawful for any person, firm or corporation to take from any waters of this State, or to buy or sell or to be possessed of any spawning female crab or crabs during any months of the year. No person shall take, catch, possess, or offer for sale any crabs of

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size less than five inches from spike to spike across the back. Any person, firm or corporation violating this section shall be guilty of a misdemeanor and punished as provided by law. Crabs. Section 93. It shall be unlawful for any person, firm or corporation to head shrimp or prawn on the fishing grounds where the same are caught, or where shrimp or prawn commonly run or are caught. When headless shrimp or prawn shall be found in the possession of any person while on the salt waters of this State, the same shall be accepted as prima facie proof that said shrimp or prawn have been headed in violation of this section. Any person, firm or corporation violating this section shall be guilty of a misdemeanor and punished as provided by law. Heading shrimp and prawn. Section 94. (a) It shall be unlawful for any person to use a power drawn net for the taking of shrimp in any of the tidal or salt waters of this State between January first and March fifteenth of each year; provided, however, that it shall be legal to drag a net no larger than ten feet (10') in diameter at the widest part of its mouth for the purpose of taking shrimp to be used or sold for use only as live bait. Power-drawn nets. (b) It shall be unlawful to take shrimp, crabs, or fish, other than shad and sturgeon, with nets, other than cast nets, in the tidal rivers, tidal sounds, tidal bays, and tidal creeks of this State at any time. Cast nets. (c) It shall be unlawful to take shrimp in any of the sounds of this State with a net, other than cast nets, except that the taking by nets in such sounds may be lawful between March sixteenth and December thirtyfirst of each year if authorized pursuant to an election first called in the county in which such sound lies, or in each county in which such sound lies, if the same is in more than one county, to determine the desire of the people of such county or counties with respect to the opening of such sound. Such election shall be called by the ordinary of the county in which the sound lies, or

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by the ordinary of each county where the sound lies in more than one county, upon the filing of a petition by ten percent (10%) of those voters of such county who were qualified to vote at the last general election for members of the General Assembly. If the sound lies in more than one county, the election need not be held on the same day in each county. Such elections shall be called within sixty (60) days from the filing of the petition. At such elections all persons shall be qualified to vote who were qualified to vote in the last election for the members of the General Assembly. Such elections shall be held in the same manner as elections are held for the members of the General Assembly. At all elections there shall be presented to the voters eligible to participate therein the question to be determined as follows: To open.....sound to shrimp trawling. Against opening.....sound to shrimp trawling. Shrimping in sounds. Election. In the event the majority of the voters voting in said election vote in favor of opening such sound, it shall be the duty of the State Game and Fish Commission to declare such sound open for commercial fishing and shrimping between such dates; provided, that if the sound lies in more than one county, a majority of those voting in such election in each county must vote in favor of opening such sound before it shall be lawful to take shrimp therefrom by nets. If a majority of those voting in such election in any county in which such sound shall lie in whole or in part shall vote against the opening of such sound, it shall be the duty of the State Game and Fish Commission to keep such sound closed to shrimping with nets, other than cast nets, and to enforce the law; provided, further, that without any such election or elections it shall be lawful to drag a net of the dimensions described in Paragraph (a) hereof for the sole purpose of taking shrimp to be used or sold for use as bait. Provided, however, that any county or counties voting to open the sounds within said county or counties under an Act approved February 12, 1952 (Ga. Laws 1952, p. 77) shall not be required to hold an election to open said

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sounds under this section; that the county or counties opening said sounds under the Act approved February 12, 1952 (Ga. Laws 1952; p. 77), shall be subject to all provisions of this section except as herein provided. (d) No election authorized in Paragraph (c) of this section shall be held in any county more frequently than once in every two years. The expense of all such election shall be borne by the county wherein the election is held and it shall be the duty of the governing authority of such county to pay the expense of such election from the general fund of said county. The ordinary of each county in which such an election is held shall immediately, upon the declaration of the result thereof, certify such result to the State Game and Fish Commission. (e) Any net used in violation of this section shall be seized by any sheriff or other arresting officer (including the duly appointed wildlife ranger, other agents or representatives of the Game and Fish Commission), who shall report the same, within ten days after said seizure, to the solicitor of the county, city or superior court having jurisdiction the county where the seizure was made, whose duty it shall be, within ten days from the time he receives said notice, to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner or lessee, if known, and if the owner or lessee is unknown, notice of such proceeding shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense shall be filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said net was so used, the same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied: Condemnation of nets. 1. To the payment of the expenses in said case, including the expenses incurred in the seizure;

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2. To the payment of the costs of the court which shall be the same as now allowed by law in cases of forfeiture or recognizance; 3. The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this law; provided, that in any county in which any of the officers of either the county, city or superior courts are now on a salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be retained in the general fund of, and become the property of such county. (f) This section shall not prevent the State Game and Fish Commission from making and promulgating rules and regulations in connection with the taking of shrimp from any of the sounds of this State in which such taking may be legalized. Provided, further, that the State Game and Fish Commission shall have the power, notwithstanding any other provisions in this section, to close any sound or other body of salt water when the count of shrimp taken from such sound or body of water exceeds fifty-five shrimp with heads on to the pound. Officers, agents, and representatives duly authorized by the State Game and Fish Commission shall determine by inspection when the count of shrimp taken from said water exceeds said number of shrimp to the pound, and findings by said persons shall be conclusive that said count exceeds the number of shrimp to the pound as herein provided. Closing of sounds to shrimping. (g) It shall be unlawful at any time for any person, firm, or corporation to have in possession any shrimp which count of said shrimp exceeds fifty-five shrimp with heads on to the pound, except as to shrimp used for live bait. Illegal possession of shrimp. (h) Any person violating any of the provisions of

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this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Section 95. It shall be lawful for the commission to lease to any citizen of this State, or to any firm or corporation chartered under the laws of this State and having its principal shucking plant or canning factory in this State, portions of the oyster beds or bottoms, other than natural or privately owned beds or bottoms, for a period of not exceeding twenty years, with the privilege of renewal at such rate as may be prescribed by the commission, but in no event shall any person, firm, corporation or combination of persons, lease or hold in excess of 1,000 acres, not to consist of more than two parcels, nor have the privilege of this section until such person, firm or corporation shall have demonstrated to the commission willingness, ability and intention to comply with the laws, as well as the rules and regulations prescribed by the commission for leasing and cultivating oyster beds. The owners of lands having water fronts thereon suitable for planting oysters shall have prior rights over all other applicants for assignment and lease of oyster planting grounds adjacent thereto. All applications for lease of land under this law shall be made on blanks to be prescribed by the commission and shall be sworn to by the applicant. Each application shall be accompanied by a deposit of $10.00 as a guarantee of good faith, and to apply on cost of survey. Notice of such application shall be published once a week for four weeks in the official newspaper of the county or counties in which such lands lie four weeks prior to making such application. If no good cause shall be shown to the contrary, the commission may have said ground surveyed and a plat made thereof, and grounds marked off, at the cost of the applicant, at the time the survey shall be made, and at the direction of the surveyor, with suitable stakes, smooth and free from snags and spurs and suitable stakes shall be kept by the lessee in their proper places during the continuance of such lease, so as to conform accurately to the survey. Should such stakes be removed, rot down, or be carried away, the lessee shall replace them at his own expense in their proper places,

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and if he shall fail to do so within thirty days after being notified by the inspector, wildlife ranger, agent, or representative of the commission, of the district within which the ground lies, the said lease shall be forfeited. Lease of oyster beds. Section 96. The survey and plat of any assignment, as soon as practicable after it is made, and after said grounds shall have been assigned to said applicant, shall be delivered to said applicant, who shall record the same in the office of the clerk of the superior court of the county or counties in which said ground lies, and a copy thereof shall also be filed in the office of the commission. The surveyor surveying such tract so assigned shall make plats of such surveys for such office, and for the person to whom such assignment is made. Such plat shall be duly recorded in such office in a well bound and substantial book, and indexed in the name of the assignee. The clerk of the superior court shall receive for recording the same in his office the fee required for recording deeds and plats. The annual rental of land leased under this section shall be such amount per acre as the commission may fix upon, but in no case less than 25 cents per annum, and shall be due on the first day of September of each year after the date of the assignment, payable on or before the first day of November following. If not paid on or before November first, a 25 percent fine shall be added, and the inspector, wildlife ranger, agent, or representative of the commission, of such district shall proceed to levy for rental and fines. The lessee shall be required to deposit, under the supervision of the inspector, wildlife ranger, agent or representative of the commission, of his district within such time as may be designated by the commission in his lease, shells or oysters to the amount of not less than 10 nor more than 1,000 bushels per acre for the entire area leased, the amount to be fixed by the commission. The lessee shall be required to deposit under the supervision and direction of the commission, every year during the life of the lease, a number of bushels of shells or oysters on each acre of the tract or parcel of ground leased by him, equal to 25 per centum of the number of bushels of oysters taken by him therefrom. The lessee shall be required

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to prove compliance with both of these provisions as to deposit of shells or oysters on the ground so leased by him, and in default of such proof thereof the lease shall be annulled. Recording. Rental. Section 97. Any person who shall have planted oysters in good faith on lands prior to August 8, 1924, shall have the first option or refusal to have said land leased to him by the commission, who shall take the fact into consideration in fixing the lease fee to be charged. Option to lease. Section 98. It shall be lawful for any person to stake in or use, for the purpose of propagation of oysters or shellfish, any natural oyster bed, dock, shoal or bottom, or clamming or crabbing ground which has not been assigned to him according to law, nor shall any person who may have occupied and staked off such natural bed, rock, or shoal, or clamming or crabbing ground, or bottom, which has not been assigned to him according to law, continue to occupy the same, and any person violating this provision shall be guilty of a misdemeanor and punished as for a misdemeanor. Said person shall be notified by the commission to remove all stakes, watch-houses, or other obstructions from such natural beds, rock, or shoal; and if after the notice such person shall refuse to remove such stakes or other obstructions, the same shall be removed by the said commission, or inspector, wildlife ranger, agent or representative of the commission. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. Staking in oyster beds, etc. Section 99. When from any resurvey of oyster planting-grounds or survey made to re-establish the lines of the State survey of natural oyster beds, rocks, or shoals, which may be made under the direction of the commission, it shall appear that any holder, without his own default and by mistake of any officer of the State, has had assigned to him and included in the plat of his assignment any portion of the natural oyster beds, rocks, or shoals, as defined by law, and it shall appear that any such holder has oysters or shells planted on the said ground, before the stakes shall be removed from said

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grounds, or the same opened to the public, the said holder shall be allowed a reasonable time, the length of which shall be determined by the commission in their discretion, within which to remove his planted oysters or shells from the said ground, uder the supervision of the commission. Removal of planted oysters under certain conditions. Section 100. Any inspector, surveyor or other representative of the commission, who shall knowingly assign to any person any ground within the public survey of the natural oyster beds, rocks or shoals, or clam beds that have been set aside by the commission, shall be guilty of a misdemeanor and punished as provided by law. Any such assignment shall be void and each official, agent or representative of the commission shall be discharged from the employ of the Department of Game and Fish. Unauthorized assignemnt of oyster beds. Section 101. Any person who shall wilfully injure, remove or displace any boundary oyster stakes, range monuments, signal beacon, boundary stone or post or buoy, or any appurtenance or enclosure therein erected, constructed or set by the commission or by their order on the land or waters of this State or upon the lawful beds of any lessee for the purpose of designating, locating, surveying or mapping any shellfish grounds, shall be guilty of a misdemeanor and punished as provided by law. Removal of or injury to markers. Section 102. Any person, firm or corporation owning private oyster beds in the waters of Georgia may come under the provisions of this law and have the same protection as is afforded the lessee of State-owned oyster grounds under the provisions of this law, by planting oysters upon such grounds and placing oysters or shells thereon in the manner prescribed for leased oyster lands under the provisions of this law. Private oyster beds. Section 103. The commission in fixing the area which is or may be leased to any person by the commission or by a private owner to any person, firm or corporation for the purpose of planting, growing, gathering, marketing,

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or selling of oysters, shellfish or crustaceans shall require that the applicant for any such lease furnish to the Department of Public Health charged with the responsibilities of maintaining the health of the citizens of this State, a plat or survey of the lands proposed to be leased, but no such lease contract shall be entered into or become effective until such Health Department shall issue its certificate, that the particular area in question is not contaminated in any way and that the waters on or adjacent to such area are not polluted or do not contain any matter which would make the taking of oysters, shellfish or crustaceans, in any way dangerous to the life of persons consuming oysters, crustaceans, or shellfish removed therefrom. Any oysters, shellfish or crustaceans removed from an area concerning which such certificate has not previously been issued, shall be subject to confiscation and immediate destruction by the commission as menacing the public health. Such certificate may be revoked upon subsequent findings by the Health Department. Health regulations. Section 104. No oysters shall be taken from the public grounds of this State where the shells of such oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and such oyster so attached cannot be removed without destroying such three-inch oyster. And it shall be unlawful for any person, firm or corporation engaged in shucking or canning oysters for market, to shuck, can, purchase, or have in possession any quantity of oysters containing more than five percent of oysters of prohibitive size as herein defined. Size of oysters to be taken. Section 105. No person shall prick, tong, dredge, scoop, rake, drag or in any other manner take or catch oysters from any of the waters of this State except from private beds, other than during the yearly, daily and monthly periods as prescribed by the commission, except for the purpose of replanting the same in the waters of this State. Season.

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Section 106. Any person who shall take or catch any oysters in any of the waters of this State with or by a scoop, rake, drag or dredge, or by the use of any other instrument than the oyster tongs heretofore in general use for taking oysters, except within the waters more than 1,000 feet from the shoreline at ordinary mean low tide, shall be guilty of a misdemeanor and punished as provided by law. Where oysters may be taken. Section 107. Oysters may be taken by any means or device from any private bed by the owner or lessee for the purpose of transplanting to other beds in this State from unleased territory within said limits. Section 108. All oysters sold in the shell in Georgia shall be measured in circular tubs, with straight sides, straight and solid bottoms, with holes in the bottom not more than one-half inch in diameter. A bush tub shall measure 18 inches from the inside across the bottom, and 21 inches from the bottom to the top or chine. All measures used for buying or selling oysters shall have a brand, to be adopted by the commission, stamped thereon by the commission or the lawful inspectors or patrolmen. All measures found in the possession of any person not meeting the requirements of this section shall be destroyed by the commission. Any person or persons violating this section shall be guilty of a misdemeanor and punished as provided by law. Sale of oysters in shell. Section 109. 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

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for such purpose. Each package containing oysters canned in this State, or raw shucked oysters, or oysters 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. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Occupation tax, etc. Section 110. Any person who shall rough, take or catch oysters from any of the public beds within the waters of this State, unless the same shall be culled over the beds from which they may be taken, except when the water is such as to render it dangerous to remain at the beds, shall be guilty of a misdemeanor and punished as provided by law; provided, that the terms of this section shall not apply to taking of oysters for the purpose of replanting the same in any of the waters of this State. Section 111. It shall be the duty of the Department of Health of Georgia, to inspect, or cause to be inspected, as often as said department may deem necessary, the various oyster beds and other places within the jurisdiction of or forming a part of the State of Georgia from which oysters are taken to be distributed or sold for use as food, for the purpose of ascertaining the sanitary conditions of such oyster beds and the fitness of the oysters in such places or which are taken therefrom for use as food. Inspection of oyster beds. (a) If the State Department of Health discovers that any oyster bed, or other place from which oysters are or may be taken is subject to pollution or to any other condition which may render the oysters in such places, or which may be taken therefrom, dangerous to health, it shall be the duty of said department to immediately

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condemn such areas, beds, or other places; and to prohibit the taking of oysters from such places, and also to prohibit the sale, distribution, offering for sale, giving away or having in possession such oysters without a permit from such department to take, sell, distribute, give away, or offer to sell or have in possession. (b) For the purpose of this section, the distribution, sale offering for sale, giving away or having in possession with intent to distribute, sell or give away any oysters shall be prima facie evidence that such oysters were intended for use as food. (c) The State Department of Health shall have the power to adopt, promulgate and enforce such rules and regulations as shall promote the purposes of this Act, and it shall also have power to make such specific orders regarding the growing and handling of oysters and the disposal of polluting matter which may affect the purity of oysters as it may deem necessary to enforce the provisions of the Act. Rules and regulations. (d) The members and employees of the State Department of Health shall have free access at all times to all oyster beds, places of business and other places where oysters are grown, kept, stored, had in possession with intent to distribute, or sell, or give away, or sold, and also to all streams, tributaries thereof and lands adjacent thereto, the waters draining from which may come in contact with oysters and shall have the power to make such inspection of such places and to take such samples of oysters as they may deem necessary to carry out the purposes of this section. (e) No person shall obstruct or in anywise interfere with any inspector or employee of the State Department of Health in the performance of any duty under this Section. (f) Any person or persons convicted of a violation of the provisions of this section shall be guilty of a misdemeanor and punished as provided by law.

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Section 112. All persons owning or operating canning factories, shucking plants, or otherwise dealing in or supplying shrimp, oysters, crabs or fish for commercial purposes, shall keep a record in which shall be entered the amount thereof taken from Georgia waters, the name of each person from whom they shall purchase same, 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 oysters, crabs and shrimp shipped raw and oysters sold in the shell, and make an itemized written report to the commission not later than the fifth day of each month. 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 commission, or their agents or employees, or to the Comptroller General or his agents, and they shall, between the first and fifteenth days of May in each year, make a report to the commission of the number of canned oysters 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 punished as provided by law. Records to be kept by canners and shippers. Section 113. Every person, firm or corporation owning or operating a factory for the canning of oysters, or a raw oyster shucking plant in this State, shall each year distribute upon the areas designated by the commission or its authority a quantity of oyster shells not exceeding 33 1/3 percent of the quantity required by such cannery or raw shucking plant during the preceding open season; which distribution or replanting shall be done under the direction or supervision of the commission of its authority within a radius of twenty miles from the factory or shucking plant distributing the same and before the first day of June. Any failure or refusal to comply with this regulation shall subject the cannery or shucking plant to revocation of its license by the commission. Replanting. Section 114. All premises, sheds, utensils, measure,

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tools and implements used on premises of canneries or shucking plants must be kept in a sanitary condition, and to that end the State Department of Public Health charged with the responsibilities of maintaining the health of the citizens of the State, shall, from time to time, prescribe such rules and regulations to this end as may be advisable, and any person, firm or corporation who shall violate such regulations on more than one occasion shall be subject to laws of license or to revocation of license by the commission. Sanitation. Section 115. The Department of Public Health shall promulgate such sanitary rules and regulations meeting minimum requirements of the United States Public Health Service and based upon recommendations made by the Committee on Sanitary Control of the Shellfish Industry for interstate shipments, and for the purpose of interstate shipment the Department of Public Health shall certify to all requirements of the United States Public Health Service as may be required under approval for interstate shipments. Such rules and regulations shall apply to oyster beds, or areas, and to shucking houses, equipment, and sanitary handling, preparation and shipping. (ReferenceUnited States Public Health Service Minimum Requirements for Approval of Shellfish Control Measures and Certification for Shippers in Interstate Commerce.) Sanitary rules and regulations. (a) Each and every person, firm or corporation handling or shipping oysters in the shell, shall, when shipping oysters in the shell, ship them in clean containers in either barrels, bags, crates or baskets. To each such barrel, bag, crate or basket there shall be attached a tag obtained from the Coastal Fisheries Office, which tag shall be furnished free of cost, which tag shall indicate the source, date of gathering, name and address of consignee, kind of shell stock in container, name of shipper and State Public Health Certificate number. (b) Each and every person, firm or corporation who shall fail to ship or handle oysters in shell stock in clean containers, in either barrels, bags, crates or baskets, or

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shall fail to attach thereto the tag containing the information herein required shall be guilty of a misdemeanor and shall be punished as for a misdemeanor. Section 116. It is the legislative intent to retain in full force and effect the existing rules and regulations promulgated by the commission under the authority of an Act approved February 8, 1943 (Ga. Laws 1943, p. 128), as amended, particularly as amended by an Act approved March 9, 1945 (Ga. Laws 1945, p. 404), and all rules and regulations until such rules and regulations have been repealed or amended by the commission under the authority herein given, except as might be repealed or amended by the laws herein set out. Existing rules and regulations. Section 117. Should any section of this Act be declared unconstitutional, such section shall have no effect upon the validity of any other section in this Act and all sections are declared to be severable. Section 118. The following Acts and laws are hereby repealed, but in no case shall any prior Acts previously repealed be hereby restored, revised or otherwise reenacted: 1. Title 45 of the Code of 1933, relating to the game and fish laws, as amended. 2. That Act approved March 28, 1935 (Ga. Laws 1935, p. 386), relating to hunting regulations, prohibitions, licenses, and seasons. 3. That Act approved March 28, 1935 (Ga. Laws, 1935, p. 375) relating to agreements with the Federal Government relative to the regulation and stocking of Federal lands. 4. That Act approved March 28, 1935 (Ga. Laws 1935, p. 380) relating to fish passage-ways in fresh water. 5. That Act approved March 28, 1935 (Ga. Laws

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1935, p. 379) relating to non-resident fishing licenses, and all amendments thereto. 6. That Act approved March 28, 1935 (Ga. Laws 1935, p. 363) relating to closig of counties to deer hunting. 7. That Act approved March 28, 1935 (Ga. Laws 1935, p. 480) relating to traps for fur bearing animals. 8. So much of that Act approved March 5, 1937 (Ga. Laws 1937, p. 264) (relating to the Department of Natural Resources) as relates to game and fish and the Division of Wild Life. 9. That Act approved February 8, 1943 (Ga. Laws 1943, p. 128) relating to the Game and Fish Commission. 10. That Act approved January 30, 1950 (Ga. Laws 1950, p. 34) relating to the Game and Fish Commission and compensation of members. 11. That Act approved March 9, 1945 (Ga. Laws 1945, p. 404) relating to the Game and Fish Commission. 12. That Act approved March 6, 1945 (Ga. Laws 1945, p. 190) relating to the purchase of airplanes by the Game and Fish Commission. 13. That Act approved February 21, 1951 (Ga. Laws 1951, p. 673) relating to fish restoration and cooperation agreements with the Federal Government. 14. That Act approved February 25, 1949 (Ga. Laws 1949, p. 1156) relating to the sale and distribution of hunting and fishing licenses. 15. That Act approved February 25, 1949 (Ga. Laws 1949, p. 1189) relating to fishing licenses for residents. 16. That Act approved February 25, 1949 (Ga. Laws

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1949, p. 1116) relating to hunting licenses for non-residents. 17. That Act approved February 25, 1949 (Ga. Laws 1949, p. 1005) relating to hunting licenses for non-residents. 18. Sections 8, 9, and 9a of that Act approved February 19, 1951 (Ga. Laws 1951, p. 157) relating to hunting and fishing licenses. 19. That Act approved March 30, 1937 (Ga. Laws 1937, p. 675) relating to fishing licenses. 20. That Act approved March 27, 1941 (Ga. Laws 1941, p. 463) relating to the sale and distribution of hunting and fishing licenses. 21. That Act approved March 20, 1943 (Ga. Laws 1943, p. 537) as amended, relating to the sale of hunting and fishing licenses. 22. That Act approved February 25, 1949 (Ga. Laws 1949, p. 1194) relating to honorary hunting and fishing licenses. 23. That Act approved February 16, 1950 (Ga. Laws 1950, p. 289) relating to ringneck pheasants. 24. That Act approved March 27, 1941 (Ga. Laws 1941, p. 343) relating to hunting and open seasons for quail. 25. That Act approved February 25, 1949 (Ga. Laws 1949, p. 1005) relating to hunting at night and hunting by use of traps, poisons, drugs and explosives. 26. That Act approved March 30, 1937 (Ga. Laws 1937, p. 678) relating to storage of game birds and animals and licenses therefor.

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27. That Act approved March 24, 1939 (Ga. Laws 1939, p. 367) relating to spawning crabs. 28. That Act approved March 24, 1937 (Ga. Laws 1937, p. 622) relating to the tax on the sale of crabs, as amended. 29. That Act approved March 27, 1941 (Ga. Laws 1941, p. 368) relating to taxes on and regulations governing the catching and sale of oysters, shrimp, prawn and crabs. 30. That Act approved February 17, 1950 (Ga. Laws 1950, p. 389) relating to the transportation and taxation of shrimp, prawns and crabs. 31. That Act approved March 4, 1943 (Ga. Laws 1943, p. 543) relating to the regulation of oysters, oyster beds, and taxation thereof. 32. That Act approved March 3, 1945 (Ga. Laws 1945, p. 164) relating to the regulation of the shipping and handling of oysters. 33. That Act approved March 9, 1945 (Ga. Laws 1945, p. 415) relating to the regulation of the shipping of oysters. 34. That Act approved February 10, 1943 (Ga. Laws 1943, p. 583) relating to sanitary conditions of shellfish in Georgia and inspection and regulation thereof. 35. That Act approved March 6, 1945 (Ga. Laws 1945, p. 198) relating to permits for oyster gathering and regulation thereof. 36. That Act approved March 31, 1937 (Ga. Laws 1937, p. 671) relating to the tax on wholesale fish dealers and regulations therefor. 37. That Act approved February 15, 1952 (Ga. Laws 1952, p. 258) relating to hunting and fishing licenses.

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38. That Act approved February 15, 1952 (Ga. Laws 1952, p. 389) relating to agreements with adjoining States governing hunting and fishing licenses. 39. That Act approved February 12, 1952 (Ga. Laws 1952, p. 114) relating to the killing of mink and otters. 40. That Act approved February 15, 1952 (Ga. Laws 1952, p. 236) relating to the killing of fish. 41. That Act approved February 15, 1952 (Ga. Laws 1952, p. 235) relating to the taking of oysters by dredge in certain counties. 42. That Act approved February 15, 1952 (Ga. Laws 1952, p. 247) relating to the right to take shellfish from tidal streams and estuaries. 43. That Act approved December 7, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 3) regulating the taking and killing of rabbits and hares. 44. That Act approved Dec. 17, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 181) defining the offense of the illegal killing of fish. 45. That Act approved March 4, 1953 (Ga. Laws 1953 Jan.-Feb. Sess., p. 491) relating to shrimp trawling. 46. That Act approved Dec. 22, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 374) relating to the oyster tax, and weekly reports of shrimp, prawn and crabs. 47. That Act approved Dec. 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 85) relating to the taking of rough fish by baskets. 48. That Act approved Dec. 11, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 173) relating to non-resident fishing licenses and permits. 49. That Act approved March 4, 1953 (Ga. Laws 1953

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Jan.-Feb. Sess., p. 527) relating to fishing and shrimping license for boats and vessels. 50. That Act approved February 17, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 72) relating to the register for posting lands. 51. That Act approved December 17, 1953 (Ga. Laws for 1953 Nov.-Dec. Sess., p. 166) defining the offense of hunting or fishing without a license, or hunting or fishing without carrying such license. 52. That Act approved August 26, 1925 (Ga. Laws 1925, p. 302) relating to game and fish and the commissioner's salary, this express reference being necessary by the holding of the Supreme Court in Purvis V. Tippins , 193 Ga. 251, that part of said Act, although not included in the 1933 Code, was nevertheless still of force and effect. 53. That Act approved March 20, 1943 (Ga. Laws 1943, p. 117) as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 193), which Acts created, and defined the powers and duties relative to the Atlantic States Marine Fisheries Commission. 54. That Act approved December 18, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 327) defining the offense of hunting while intoxicated. 55. The enumeration of certain Acts herein as being repealed shall not be construed as excluding any not so expressly included, except as specifically provided hereafter, it being the intention of this Act as hereinbefore provided to constitute a comprehensive revision and supersession of all game and fish laws, and to this end, the doctrine of expressio unius est exclusio alterius shall not apply. Section 119. The following Acts shall not be construed as being repealed or modified hereby, but said Acts are continued of force and effect.

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1. That Act approved February 15, 1952 (Ga. Laws 1952, p. 281) providing rules governing boat traffic on fresh waters of this State. 2. That Act approved February 16, 1953 (Ga. Laws 1953, p. 55) declaring it a misdemeanor to operate a boat on any public waters while intoxicated or in a dangerous manner. 3. That Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 521) exempting commercial fishermen licensed by the Game and Fish Commission from payment of the license food tax imposed on wholesale fish dealers. Section 120. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955. FIREWORKS CONTROL. No. 324 (House Bill No. 56). An Act to repeal an Act providing for the securing of a license from county authorities to sell fireworks, approved February 25, 1949 (Ga. Laws 1949, p. 1000); to prohibit the sale, offering for sale or exposing for sale fireworks except under certain conditions; to define the term fireworks as used in this Act; to regulate the manner and extent to which fireworks may be used in this State; to provide for a penalty; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the securing of a license from county authorities to sell fireworks, approved

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February 25, 1949 (Ga. Laws 1949, p. 1000), is hereby repealed in its entirety. Act of 1949 repealed. Section 2. The term fireworks shall mean and include any combustible or exposive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term fireworks shall not include toy pistol paper caps in which the explosive content does not average more than twenty-five hundredths (.25) of a grain per cap and toy pistols, toy cannons, toy canes, toy guns or other devices using such paper caps. Fireworks. Section 3. It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, sell, use, ignite, or explode any fireworks except as hereinafter provided. The State Fire Marshal is hereby authorized to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks for counties, municipalities, fair associations, amusement parks, and other organizations or groups of individuals. Every such display shall be supervised by a qualified operator who shall be approved by the State Fire Marshal. Application for permits shall be made in writing to the State Fire Marshal at least twenty days in advance of the date of the display. No permit shall be granted by the State Fire Marshal without the concurrent approval of the governing authority of the municipality involved, in the event the display is to be presented within the corporate limits of a municipality, or of the governing authority of the county involved, in the event the display is to be presented in an unincorporated area of a county. The application for a permit

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shall state the type display which is planned to be presented, the date of such display, the time involved, the location, and such other information as may be required by the State Fire Marshal. If a permit is granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Rules and regulations. Permits. Section 4. The State Fire Marshal shall require a sufficient bond from the person to whom a permit is granted, in a sum not less than $1000.00, conditioned for the payment of damages which may be caused either to persons or property by reason of the display. Bond. Section 5. Nothing in this Act shall be construed to prohibit any resident wholesaler, dealer, or jobber from selling such fireworks as are not herein prohibited; or the sale of any kind of fireworks if the same are to be shipped directly out of State; or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination; or the use of fireworks for agricultural purposes; or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military or police organizations. Uses and covered. Section 6. The State Fire Marshal shall seize, take, remove, or cause to be removed at the expense of the owner of the fireworks or combustibles offered for sale, exposed for sale, stored or held in violation of this Act. Violations. Section 7. Any person, firm, partnership or corporation violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 8. The provisions of this Act shall not apply to the high explosives covered under the provisions of Chapter 88-8 of the Code of Georgia of 1933, as amended, nor to those over which the Georgia Safety Fire Commissioner has regulatory control by virtue of the provisions

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of Section 13 of the Act approved February 25, 1949 (Ga. Laws 1949, p. 1057). High explosives. Section 9. This Act shall become effective on July 4, 1955. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955. EMPLOYMENT SECURITY ACT AMENDED. No. 326 (House Bill No. 324). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended (now Employment Security Law), by extending coverage to employers with four or more employees, by modifying the experience rating provisions, by providing for old age and survivors insurance coverage of certain employees by agreement and for waiver of disqualification provision under certain circumstances, and by modifying the termination of coverage provisions; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended (now Employment Security Law), be, and the same is hereby amended in the following respects, namely: Section 2. By inserting at the beginning of the first clause of Paragraph (1) of Subsection (g) of Section 19 the words Prior to January 1, 1956, by renumbering

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said paragraph (1) (A) and by adding immediately following said paragraph a new and additional paragraph numbered (B) to read as follows: Sec. 19 amended. (B) On and after January 1, 1956, any employing unit, which for some portion of a day, but not necessarily simultaneously, in each of twenty different weeks, whether or not such weeks are or were consecutive, within either the current or the preceding calendar year, has or had in employment, four or more individuals (irrespective of whether the same individuals are or were employed in each such day)., so that said Paragraph (1) of Subsection (g) of Section 19 when so amended, shall read as follows, namely: (g) Employer means: Employer. (1) (A) Prior to January 1, 1956, any employing unit, which for some portion of a day, but not necessarily simultaneously, in each of twenty different weeks, whether or not such weeks are or were consecutive, within either the current or the preceding calendar year, has or had in employment, eight or more individuals (irrespective of whether the same individuals are or were employed in each such day); (B) On and after January 1, 1956, any employing unit, which for some portion of a day, but not necessarily simultaneously, in each of twenty different weeks, whether or not such weeks are or were consecutive, within either the current or the preceding calendar year, has or had in employment, four or more individuals (irrespective of whether the same individuals are or were employed in each such day); Section 3. By deleting the period at the end of Paragraph (4) of Subsection (c) of Section 7 (Section 54-622 (4), Ga. Ann. Code), by substituting a semi-colon in lieu of said period, and by adding immediately thereafter the following: except that for the calendar year 1955, and for each calendar year thereafter, an employer who has not been subject to the law for a sufficient

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period to meet this requirement may qualify for a rate less than the standard rate if his account could have been chargeable with benefit payments throughout a lesser period but, in no event, less than the twelve consecutive calendar months eding on the computation date (as herein defined) for that calendar year. so that said Paragraph (4) of Subsection (c) of Section 7 when so amended, shall read as follows: Sec. 7 amended. (4) No employer's rate shall be reduced below the standard rate for any calendar year unless and until his account could have been chargeable with benefit payments throughout the thirty-six consecutive calendar months ending on the computation date (as herein defined) for that calendar year; except that for the calendar year 1955, and for each calendar year thereafter, an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than the standard rate if his account could have been chargeable with benefit payments throughout a lesser period but, in no event, less than the twelve consecutive calendar months ending on the computation date (as herein defined) for that calendar year. Rates. Section 4. By striking Subparagraph (i) of Paragraph (7) of Subsection (c) of Section 7 (Section 54-622 (7) (i), Ga. Ann. Code) and by inserting in lieu thereof the following: (i) The term annual pay roll means the total amount of wages for employment paid by an employer during a 12-months' period ending on the computation date and the term average annual pay roll means the average of the annual pay rolls of an employer for the last three twelve-month periods immediately preceding the computation date, except that for an employer whose account could have been charged with benefit payments throughout at least twelve but less than thirty-six consecutive calendar months ending on the computation date, the term average annual pay roll means one-third of the sum of his cumulative pay rolls for the period

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in which he has been subject to this Act, but not more than the thirty-six consecutive calendar months ending on the computation date; Annual pay roll. Section 5. By adding to Subsection (d) of Section 11 (Section 54-634, Ga. Ann. Code) a new and additional paragraph numbered (3) to read as follows: Sec. 11 amended. (3) To the extent permitted under Federal law, and notwithstanding any other provision of State law, the Commissioner is authorized to enter into agreements with appropriate Federal authorities to cover under the old age and survivors insurance program employees in the Department of Labor of Georgia and/or its divisions, and to take action necessary to implement such agreements. Old age and survivors insurance. Section 6. By striking the period at the end of Subsection (a) of Section 5 (Section 54-610 (a), Ga. Ann. Code), by substituting a semi-colon for said period, and by adding immediately thereafter the following proviso: Sec. 5 amended. Provided, however, the Commissioner may waive such period of postponement and the charging of benefits for the weeks of such postponement, in whole or in part, in the event of such disqualification, if it is established to the satisfaction of the Commissioner that after giving notice the individual left his work to, and did, accept other regular work offering greater emoluments and performed such work for a reasonable time thereafter. so that said subsection (a) of section 5 when so amended, shall read as follows: (a) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits within 52 weeks after he has left work voluntarily without good cause connected with said work, and for not less than the four and not more than the eight weeks of unemployment which immediately follow the week in which said valid claim was filed as determined by the Commissioner according to the circumstances in the case, not counting the waiting period: Provided, however, that there shall

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be charged against the benefits to which the individual is entitled under Section 3 (d), hereof, an amount equal to his weekly benefit amount for each week of such disqualification; Provided, however, the Commissioner may waive such period of postponement and the charging of benefits for the weeks of such postponement, in whole or in part, in the event of such disqualification, if it is established to the satisfaction of the Commissioner that after giving notice the individual left his work to, and did, accept other regular work offering greater emolument and performed such work for a reasonable time thereafter. Postponement. Section 7. By striking the period at the end of Sub-paragraph (A) of Paragraph (2) of Subsection (c) of Section 7 (Section 54-622 (2) (A), Ga. Ann. Code), by substituting a comma in lieu of said period, and by adding immediately thereafter the following: whether or not the postponement or charging of benefits has been waived. so that said Subparagraph (A) of Paragraph (2) of Subsection (c) of Section 7 when so amended shall read as follows: Sec. 7 amended. (A) Leaving work voluntarily without good cause, whether or not the postponement or charging of benefits has been waived. Section 8. By striking in the first sentence of Sub-paragraph (iv) of Paragraph (7) of Subsection (c) of Section 7 (section 54-622 (7) (iv) Ga. Ann. Code) the word fourteenth immediately following the words last day of the and immediately preceding the words calendar quarter beginning and inserting in lieu thereof the word sixth, and by striking the word thirty-six immediately following the words benefits throughout and immediately preceding the words consecutive calendar months, and inserting in lieu thereof the word twelve, and by striking the words in parentheses fifteenth quarter immediately following the words following quarter and immediately preceding the words, and continuing and inserting lieu thereof in parentheses the words seventh quarter so that the first sentence

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of said Subparagraph (iv) of Paragraph (7) of Subsection (c) of Section 7 when so amended, shall read as follows: Sec. 7 amended. (iv) The term computation date means December 31, 1941, with respect to rates of contributions applicable to the year 1942, and June 30 of the preceding year, with respect to rates applicable to the year 1943 and any calendar year thereafter; except a special computation date is established for each employer (and a rate shall be determined on the basis of his record) on the last day of the sixth calendar quarter beginning with the quarter in which the effective date of liability occurs and during which period his account could have been chargeable with benefits throughout twelve consecutive calendar months, the rate thus determined becoming effective on the first day of the immediately following quarter (seventh quarter) and continuing in effect until the end of the calendar year, provided that whenever an employer has been assigned a rate computed as of September 30 of any calendar year the Commissioner shall compute a rate for such employer for the following calendar year as of December 31 based upon such employer's experience through such December 31; provided, however, that any corporation, partnership, individual, or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business, shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of Section 7, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. Computation date. No change being made in any other sentence of said subparagraph. Section 9. By striking in the first sentence of Subsection (b) of Section 8 (Section 54-623 (b), Ga. Ann. Code), the word eight immediately following the words unit employed and immediately preceding the

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words or more individuals, and inserting in lieu thereof the word four so that said first sentence of said Subsection (b) of Section 8 when so amended, shall read as follows: Sec. 8 amended. (b) Termination of liability.Except as otherwise provided in Subsection (c) of this section, an employing unit shall cease to be an employer subject to this Act only as of the first day of January of any calendar year, only if it files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different week within the first named calendar year, within which such employing unit employed four or more individuals in employment or was not otherwise subject to this Act. Termination of liability. No change being made in any other sentence of said subsection. The foregoing amendment of the first sentence of Subsection (b) of Section 8 shall be effective as of December 31, 1956 and thereafter. Section 10. Except as otherwise provided in the context hereof, this Act shall be effective on the first day immediately following its passage. Section 11. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1955. LIMITED-ACCESS HIGHWAYS. No. 333 (House Bill No. 305). An Act to authorize the establishment of limited-access highways in this State; to define limited-access highways

Page 560

and local service road; to authorize the State Highway Department, or the governing authorities of counties or municipalities to designate, establish, regulate, alter, improve, maintain or abandon limited-access highways and local service roads in connection therewith, and to acquire land rights, or easements necessary for the establishment of such limited-access highways; to provide for separability of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of public necessity . Whereas, in many areas of this State the volume of vehicular traffic has become and tends to become so heavy, and the streets, roads and highways in such areas have become and tend to become so congested as to impede the free movement of traffic, increase the number of accidents, endanger human life and destroy property; and Whereas, there has been designated within the State of Georgia certain highways to be and become a part or parts of the National system of interstate highways which will be designed and constructed to high standards and for accommodating great volumes of through traffic, and in order to provide, maintain and protect these roads so as to preserve their traffic capacity: It is resolved that the General Assembly of Georgia hereby finds and declares it to be necessary and in the public interest for the preservation of the public peace, health and safety, and for the promotion of the general welfare that limited-access highways as hereinafter defined be permitted and allowed within the State. Section 2. Definitions . (a) A limited-access highway is a highway, road or street for through traffic and over, from or to which owners or occupants of abutting land, or other persons, have no right or easement or only a limited right or easement of access, light, air or view by

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reason of the fact that their property abuts upon such limited-access highway or for any other reason. Local service road. (b) A local service road is any road or street, whether existin at the time of the designation of a limited-access highway or thereafter established, which serves the owner or occupant of any land or improvements abutting a limited-access highway and which gives a means of ingress to and egress from any such lands or improvements. Section 3. Authority to establish limited-access highways . The State Highway Department of Georgia or the highway authorities of any county or municipality in this State, acting alone or in cooperation with each other or with any Federal, State or local agency, are hereby authorized and empowered to plan, designate, establish, regulate, abandon, alter, improve, maintain and provide limited-access highways, roads or streets for public use wherever such authority or authorities consider that traffic conditions, present or future, justify such special facilities; provided that traffic conditions, present or future, deemed as justifying such special facilities shall be construed to mean a road having present traffic volumes requiring a minimum of a four-lane highway, or traffic volumes estimated to be accommodated by the highway within a period not to exceed twenty years from the date of such consideration that will require a minimum of four lanes of road; provided that within municipalities such authorization shall be subject to such municipal consent as may be provided by law. The highway authorities of the State, counties or municipalities, in addition to the specific powers granted in this Act, shall also have and may exercise, relative to limited-access facilities, any and all additional authority now or hereafter vested in them relative to highways or streets in their jurisdiction. Any limited-access highway may be accepted by the State Highway Department of Georgia as a part of the State highway system notwithstanding any other provision of law or Act which would because of mileage limitation or otherwise prevent such

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addition to the State highway system, or such limited-access highway or road or street may remain a part of the system of roads of the county or municipality in which it lies. No commercial enterprise or activities shall be authorized or conducted by the State Highway Department or any other agency or political subdivision of the State within or on the property acquired for rights-of-way of limited-access highways as defined in this Act, provided, that the term commercial enterprise or activities shall not be so construed as to prevent the installation of public utility facilities, under the rules and regulations of the State Highway Department. Section 4. Design of limited-access highways . Limited-access highways may be so designed as to regulate, restrict or prohibit access thereto so as to best serve the traffic for which such facility is intended. The authority designating and establishing any limited-access highway is authorized: to divide and separate such highway into separate roadways by the construction of raised curbings, central dividing sections or other physical separations or by designating such separate roadways by signs, markers or stripes; and to designate the proper lanes for traffic moving in opposite directions; and may prohibit making turns at specified points. Said designating authority may recommend the fixing of such rates of speed on such highways and on the separate lanes of such highways as deemed in the public interest, for such action to be taken by the Director of Public Safety as he may find necessary, or for such action as may be decided upon by the governing authority of the municipality if in a municipality. No person shall have any right of ingress to or egress from or passage across any limited-access highway to or from abutting lands except at the designated points to which access may be permitted, and under such arrangements and conditions as may be specified from time to time. Section 5. Acquisition of lands and land rights . The State Highway Department of Georgia and the highway authorities of the counties or municipalities in the State

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may acquire private or public property and property rights for limited-access facilities and service roads, including rights of access, air, view and light through gift, devise, purchase or condemnation in the same manner as such governmental units are now or may hereafter be authorized by law to acquire such property or property rights in connection with highways and streets within their respective jurisdictions. All real property rights acquired under the provisions of this Act shall be in fee simple. In the process of acquiring property or property rights for any limited-access facility or portion thereof, or service road in connection therewith, the State Highway Department or the highway authority of a county or a municipality may, in its discretion, acquire an entire lot, block, or tract of land, if by so doing, the interests of the public will be best served, even though said entire lot, block, or tract is not immediately needed for the right-of-way proper. Section 6. New or existing highways, grade crossing eliminations . The State Highway Department of Georgia and the counties or municipalities of the State may designate and establish limited-access highways as new and additional facilities or may designate or establish existing highways, roads or streets to be limited-access roads or highways. The State Highway Department of Georgia, or the highway authorities of counties or municipalities shall have authority to provide for the elimination of intersections at grade of limited-access highways with existing State, county or municipal roads or streets or railroad rights-of-way by grade separation or local service roads or by closing off such roads or streets at the right-of-way boundary line of such limited-access highway; and after the establishment of any limited-access highway, no highway, road or street which is not a part of such facility shall intersect the same at grade. No highway, road or street or other public way shall be opened into or connected with any established limited-access highway without the consent of the governmental authority having jurisdiction of such limited-access highway in the same manner as such governmental units are now or may hereafter be authorized by law.

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Section 7. Planning, designation, establishment of service roads or streets . In connection with the development of any limited-access facility the State Highway Department, or the highway, road or street authorities of a county or a municipality in this State are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads or streets or to designate as local service roads or streets any existing road or street, and to exercise jurisdiction over service roads in the same manner as authorized over limited-access facilities under the terms of this Act, if, in their opinion, such local service road or street is necessary or desirable. Such local service roads or streets shall be of appropriate design, and shall be separated from the limited-access facility proper by means of any or all devices designated as necessary or desirable by the proper authority. Section 8. Separability . If any section, provision or clause of this Act shall be declared invalid or inapplicable to any person or circumstance, such invalidity or inapplicability shall not be construed to affect the portions not so held, nor the persons or circumstances not so affected. Section 9. The provisions of this Act shall in no way take away from, impair or infringe upon the authority, duty, power, or obligations of the Coastal Highway District or the Georgia Coastal Scenic Highway Authority. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955. STRUCTURAL PEST CONTROL ACT. No. 339 (House Bill No. 145). An Act to be entitled the Structural Pest Control Act, so as to define words and terms used herein; to create

Page 565

a Structural Pest Control Commission; to provide for the composition of the commission, their terms and method of selection; to prescribe the duties of the commission; to provide for the compensation of the commission; to provide for a secretary to the commission and to define his duties; to prohibit the performance of pest control operations without a license; to provide for the examination of persons performing operations under this Act; to prescribe qualifications of applicants for license under this Act; to provide for the revocation of suspension of licenses; to provide that licenses granted hereunder shall not be transferable; to provide that a licensed person shall have charge of a business or branch office thereof; to provide for a registration and license fee; to provide for the collection of license and registration fees and disposition thereof; to provide for inspectors to enforce the provisions of this Act, their duties; salary and selection; to provide for service on nonresidents under this Act; to provide for hearings by the commission and conduct thereof; to provide for records of such hearings; to provide exceptions for persons now engaged in business covered by this Act; to prescribe punishment for violation of this Act; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Structural Pest Control Act. Section 2. Unless the context indicates otherwise, the following definitions shall apply for the purposes of this Act and rules and regulations made pursuant to this Act; a. Structural pest controlcontrol of wood-destroying organisms or fumigation, the identification of infestations or infections, the making of inspections, the use of pesticides including insecticides, repellants, rodenticides and fumigants, as well as all other substances, mechanical devices or structural modifications under whatever name known, for the purpose of preventing, controlling

Page 566

and eradicating insects, vermin, rodents and other pests in household structures, commercial buildings and other structures, including adjacent outside areas, as well as all phases of fumigation, including treatment of products by vacuum fumigation, and the fumigation of railroad cars, trucks, ships and airplanes. b. Commissionmeans the Structural Pest Control Commission. Definitions. c. Licenseethe designated person or persons in charge of the business establishment or business entity, whether it be an individual, firm, partnership, corporation, association or any organization, or any combination thereof, engaged in pest control work covered under the provisions of this Act. d. Employeeany person employed by a licensee with the exceptions of clerical, janitorial, or office maintenance employees, or those employees performing work completely disassociated with the control of insects, pests, rodents, and the control of wood-destroying organisms. e. Branch officeany place of doing business which has two or more employees engaged in the control of insect pests, rodents, or wood-destroying organisms. f. Applicantany persons or any person in charge of any individual, firm, partnership, corporation, association, or any other organization or any combination thereof, making application for a license to engage in operations coming under the provisions of this Act, or any other person qualified under this Act. g. Fumigantsany substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes or vapors, and which gas or gases, fumes or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life. h. Insecticidessubstances, not fumigants, under

Page 567

whatever name known, used for the destruction or control of insects and similar pests. i. Rodenticidessubstances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. j. Repellantssubstances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their capacity for preventing the entrance or attack of pests. Section 3. There is hereby created a Structural Pest Control Commission hereafter referred to as commission. The commission shall consists of five members and shall be appointed by the Governor, subject to removal for nonperformance of duties or malpractice in office. One of the members shall be an employee of the State Department of Entomology. One member shall be an employee of the State Department of Agriculture. One member shall be an employee from the Entomology Department of the University System. Two members shall be residents of this State who are engaged in the pest control industry. The Governor shall by appointment, fill any vacancies that may occur. Structural Pest Control Commission. Section 4. The terms of the members of the commission shall be five years except that the initial members shall be appointed, one for a term expiring July 1, 1956; one for a term expiring July 1, 1957; one for a term expiring July 1, 1958; one for a term expiring July 1, 1959; one for a term expiring July 1, 1960. No member of the commission who is a member of the pest control industry at large and who is appointed for a full five year term shall succeed himself. This prohibition against succession does not apply to the representative of the State Department of Entomology, State Department of Agriculture or the Representative of the University System. Terms. Section 5. The commission shall elect from its membership

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a chairman who shall be elected annually by the members of the commission by a majority vote. Three members of the commission shall constitute a quorum, but no action shall be taken without three votes in accord. The commission shall determine the place and frequency of their meetings. Meetings. Section 6. The commission is hereby authorized and required to: a. Make such reasonable rules and regulations as may be necessary to protect the interest, health and safety of the public and to insure the efficiency of operators to carry out the provisions of this Act. Such rules and regulations shall not be effective until a public hearing shall have been granted and notification of such hearings have been made to all licensees. b. To provide for either an oral or written examination for applicants. The frequency of such examination to be at the discretion of the commission, based upon the number of applications received, but not less than two such examinations shall be held annually. The examination shall cover those phases of structural pest control and/or the control of wood-destroying organisms and/or fumigations for which application is made. The commission shall give one examination for one fee covering structural pest control if the applicants seems so to qualify and one license shall so issue. The commission shall be entitled to collect from each applicant who makes application to take the examination to become a licensed structural pest control, wood-destroying organism operator or fumigator, the sum of ten dollars as an examination fee. Any or all examinations may be taken for the payment of one fee and in case the applicant shall not be licensed, he or she shall have the right to take the examination again at the next scheduled examination, without the payment of an additional fee. Powers and duties. c. Make an annual report to the Governor of the activities, expenditures, receipts and other matter pertinent to the operation of the commission, a copy of which shall

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be filed by the Secretary of State. d. To issue licenses to those persons qualifying under the provisions of this Act. To collect for the issuing of such license a fee of not more than $15.00 per annum. The license to expire on June 30 of each year and shall be renewable each year, unless revoked for cause. e. To issue certificates of registration under the provisions of the Act. To collect a registration fee of not more than $1.00 per annum for each registration certificate. f. To adopt a seal and alter the same at the pleasure of the commission. g. To hold hearings, subpoena witnesses and compel the production of documents and papers. h. To employ counsel to assist the commission in the performance of their duties. Section 7. Each member of the commission shall receive $10.00 per diem while actually attending to work of the commission and shall be reimbursed for his actual travel and other necessary expenses incurred in the performance of his duties. Compensation. Section 8. The Joint Secretary of the State Examining Board shall be secretary to this commission. The secretary shall issue such licenses and certificates and perform such other duties as the commission shall direct to carry out the provisions of this Act. Secretary. Section 9. a. No person, firm, corporation, association, or any other organization or combination thereof shall engage in or supervise work as a manager, owner, or owner-operator in structural pest control, control of wood-destroying organisms, fumigation or related work unless they shall first secure a license issued for that purpose by the commission. License and registration.

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b. No employee shall engage in field work covered by the provisions of this Act unless the employee is registered under this Act or is performing his duties under the supervision of a registered employee. c. This Act shall not apply to any person doing work on his own property or on any regular employee of any person, firm or corporation doing work on the property of such person, firm or corporation, under the direct supervision of the person who owns or has charge of the property on which the work is being done. Provided, however, that nothing herein shall authorize any person to endanger the public health or safety through the use of any chemical or substance. d. This Act shall not apply to agents or agencies of the Federal, State, county or city governments. Section 10. a. All applicants for examination for license must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood-destroying organisms and fumigation and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. b. Present satisfactory evidence to the commission concerning his or her qualifications and must include at least one of the following: Qualifications of applicants. 1. One year as an employee, employer, or owner-operator in the field of structural pest control, control of wood-destroying organisms or fumigation, for which license is applied or, 2. One or more years training in specialized pest control, control of wood-destroying organisms and/or fumigation under university or college supervision may be substituted for practical experience at the ratio of one year of schooling for one-fourth year practical experience, or;

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3. A degree from a recognized college or university with advanced training or major in entomology, sanitary or public health engineering, or related subjects, including sufficient practical experience of structural pest control work under proper supervision. Section 11. A license may be declared invalid by a majority vote of the commission, after a hearing has been held, when the licensee has violated any provisions of this, or any rules or regulations promulgated by the commission pursuant to this Act. The following shall be included in the grounds for revocation of licenses; misrepresentations for the purpose of defrauding; deceiving or defrauding; the making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their detriment; the use of methods or materials which are not suitable for the purpose contracted for; failure of the license holder to give to the commission, or its authorized representative upon request or demand, true information regarding methods and materials used, work performed, or other information essential to the administration of this Act; failure of the license holder to make registrations herein required or failure to pay the registration fee; any intentional misrepresentation in the application for a license. These grounds are not exclusive and the commission shall determine whether to revoke a license or not. Revocation of licenses. Section 12. A license shall not be transferable. When there is a change in the status of the qualified person operating a business license, the business establishment or business entity, or branch office, whether it be an individual, firm, partnership, corporation, association, or any organization or any combination thereof, shall have ninety days or until the next meeting of the commission following the expiration of said ninety day period to designate a person to qualify under the provisions of this Act. Licenses not transferable. Section 13. Each branch office or business establishment is to be in charge of a person who has a license herein provided for. Branch offices.

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Section 14. The fee for the issuance of a license shall be $15.00 annually, and the licenses shall expire on June 30th of each year and shall be renewable each year, unless revoked for cause. The license holder shall register with the secretary the names of all solicitors and servicemen (not common laborers) and shall pay to the commission a registration fee of $1.00 at the time each name is registered, which shall be within thirty days after employment. All registrations expire when the license expires. Each employee for whom application is made and a fee is paid, shall be issued a registration certificate, which shall be carried on his or her person at all times when performing work. The registration certificate shall be displayed upon request to the person or persons for whom such work is being performed. The licensee shall be responsible for making application for an operator's registration certificate for any regularly employed servicemen and training the serviceman in the kind of work which he shall perform. The provisions above applying to operator's registration certificate shall also apply to all regularly employed salesmen or estimators. The licensee shall be responsible for making application for an operator's registration certificate for salesmen or estimators and training the salesmen or estimators in the kind of work they shall perform. It shall be unlawful for a serviceman, salesman, or estimator to actually engage in the performance of work covered by this Act without having such registration card in his possession, provided that the licensee shall have thirty days after employing a serviceman, salesman or estimator within which to apply for an operator's registration certificate. The operator's registration certificate provided for hereunder shall be effective only while the serviceman, salesman or estimator shall remain in the employ of the licensee making the original application. Fees. Registration certificates. Section 15. All fees collected under this Act shall be deposited with the Joint Secretary, who shall account for all monies derived under the provisions of this Act, and shall pay the same monthly to the State Treasurer. Fees. Section 16. The State Department of Entomology, in

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order to enforce the provisions of this Act shall be and it is hereby authorized and empowered to appoint one and not more than four qualified inspectors. Such qualified inspectors shall be known as Structural Pest Control Qualified Inspectors of the State Department of Entomology and these inspectors shall be under the jurisdiction and immediate supervision and control of the State Department of Entomology, at and for the yearly salary or salaries to be fixed by the State Merit Board. The State Department of Entomology shall see to the proper compliance with the provisions of this Act by making periodical and unannounced inspections of any materials used or work done by individuals, firms, partnerships, corporations, association, or any other organizations or any combination thereof, engaged in the business of structural pst control, wood-destroying organism control, or fumigation in this State. It shall be the further duty of the qualified inspectors of this State to promptly and diligently report to the State Department of Entomology all violations of the provisions of this Act or of any other law now or hereafter enacted regulating and/or governing the practice of structural pest control, wood-destroying organisms control or fumigation and/or the operation of a structural pest control business in this State. Inspectors. Section 17. Every nonresident owner or licensee shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of this Act or any liabilities arising from operations hereunder. In the event no resident agent is designated, the Secretary of State shall be the resident agent of the nonresident for services or process. Nonresidents. Section 18. Proceedings under this Act shall be taken by the commission for matters within its knowledge or upon accusations based on information of another. The accusation must be in writing and under oath, verified by the person making the same. If the accusation is made by a member of the commission, he shall be disqualified from sitting in judgment of the hearing of the accusation. Upon receiving an accusation, the commission shall serve notice, by registered mail, of the time and place

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of the hearing, and a copy of the charges upon the accused at least thirty days before the hearing. The commission for sufficient cause, may postpone or continue the hearing from time to time in its discretion. If after proper notice no appearance is made by the accused, the commission may enter judgment at the time of hearing as prescribed herein either by suspending or revoking the license of the accused. Both the commission and the accused may have the benefit of counsel and the right to examine and cross-examine witnesses, take the depositions and compel attendance of witnesses as in civil cases by subpoena issued by the secretary of the commission under the seal of the commission and in the name of the people of this State. The testimony of all witnesses as the hearing shall be under oath. Nothing herein shall deny any person his resort to the courts after exhausting the administrative remedies provided herein. Hearings. Section 19. A record of all hearings and judgments shall be kept by the secretary of the commission and in the event of suspension or revocation of a license, the commission shall, within ten days, transmit a certified copy of the judgment of the commission to the clerk of the superior court at the county of the residence of the accused. Record in hearings to revoke license. Section 20. The provisions of this Act as to examinations required of applicants for a business license shall not apply to any proposed licensee who has been actively engaged in and maintained a place of business for the purpose of controlling and/or exterminating insect pests, rodents, and/or control of wood-destroying organisms by the use of chemicals, for a period of six months next preceding the effective date of this Act, either as an owner, or designated person in charge of a place of business, and so engaged and who maintained a place of business in this State at the time this Act takes effect. The above provisions shall apply also to discharged service personnel or former members of the armed forces of the United States who apply for said business licenses within six months of their discharge if satisfactory evidence is submitted that the applicant was actively engaged in

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such work as set forth in this Act in this State immediately preceding the beginning of such service. The above provisions as to the issuance of a license under this section shall be limited to the issuance of one license to a designated licensee at each business entity or branch office thereof, if said entity or branch office was in existence at least six months prior to the effective date of this Act. Examinations, when not required. Section 21. Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed by law. Violations. Section 22. If any clause, sentence, paragraph, section or part of this Act shall for any reason be declared unconstitutional it shall not effect the validity of any remaining part of this Act. Section 23. This Act shall become effective July 1, 1955. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955. ALIENSPRACTICE OF MEDICINE OR PHARMACY. No. 342 (House Bill No. 352). An Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, approved March 23, 1939, p. 319, as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess. p. 179), so as to authorize the temporary license for aliens who are practicing or employed by any medical college in the State of Georgia approved by the State Board of Medical Examiners; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. 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, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 179), is hereby amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2, to read as follows: Sec. 2, Act of 1953, amended. 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 field 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 or in any medical college in the State of Georgia approved by the State Board of Medical Examiners of Georgia, under proper medical supervision, which temporary license, at the sound discretion of the State Board of Medical Examiners may be renewed each twelve months for not more than six years; when such person shall have become a naturalized citizen of the United States he will be eligible for examination for permanent license provided his moral and educational standards are still acceptable to the State Board of Medical Examiners; and at the end of six years if such person has not become a naturalized citizen he shall not be permitted to take the examination nor shall further temporary license be issued to him; provided,

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however, any alien physician who is employed by the State or any agencies or departments thereof, or by any medical college in the State of Georgia approved by the State Board of Medical Examiners of Georgia, 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, or by any medical colleges in the State of Georgia approved by the State Board of Medical Examiners of Georgia. Temporary licenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955. DISCOVERY AT LAW. Code 38-1201 Amended. No. 345 (House Bill No. 281). An Act to amend Section 38-1201 of the Code of Georgia of 1933 relating to discovery at law, by adding to said section a provision providing that discovery at law may be had from defendants in fi. fa. as to the property from which executions may be satisfied; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 38-1201 of the Code of Georgia of 1933 relating to discovery at law, be, and the same is hereby amended by adding to said section the following: Discovery may also be had from defendants in fi. fa. as to the property from which executions may be satisfied in the same manner as if said action was pending

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in the court to which such executions are returnable. so that said section as amended shall read as follows: Code 38-1201 amended. 38-1201. Discovery at law.Discovery may be had from the opposite party, either nominal or real, in any case pending in any court. Discovery may also be had from defendants in fi. fa. as to the property from which executions may be satisfied in the same manner as if said action was pending in the court to which such executions are returnable. New section. Section 2. That all laws and parts of laws in conflict of this Act are hereby repealed. Approved March 7, 1955. ESCAPES. Code 26-4507, 26-4508 Amended. Code 26-4509 Repealed. No. 348 (Senate Bill No. 114). An Act to amend Code Chapter 26-45, relating to rescue and escape of prisoners, as amended by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 187), so as to provide that it shall be a felony for any person confined or imprisoned for the violation of a municipal ordinance or State law to escape or attempt to escape; to provide that it shall be a felony for any person to aid or attempt to aid or assist a prisoner to escape or attempt to escape; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-45, relating to rescue and escape, as amended by an Act approved December 17,

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1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 187), is hereby amended by striking Code Section 26-4507, which reads: 26-4507. Any person who shall be convicted of an offense below the grade of felony, and shall escape from the public works camp or other place of confinement or imprisonment for the violation of any municipal, county, or State law, and shall be thereafter retaken, shall be guilty of a misdemeanor. and in lieu thereof inserting the following: Code 26-4507 amended. 26-4507. Any person who shall be convicted and confined in a public works camp or penitentiary for the violation of any State law, whether misdemeanor or felony, and who shall escape or attempt to escape from the place of confinement or imprisonment shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement and labor in the penitentiary for not less than one nor more than five years. New section. Section 2. Said Code Chapter is further amended by striking Code Section 26-4508, which reads: 26-4508. Any person who shall aid or assist, or attempt to aid or assist, a prisoner so confined or imprisoned to escape, shall be guilty of a misdemeanor. and in lieu thereof inserting the following: Code 26-4508 amended. 26-4508. Any person who shall aid or assist, or attempt to aid or assist a prisoner, whether misdemeanor or felony, to escape or attempt to escape from the place of confinement or imprisonment as specified in the first sentence of Section 26-4507, shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement and labor in the penitentiary for not less than one nor more than five years. New section. Provided further, any person who after conviction shall escape from a public works camp or other place of confinement or imprisonment for the violation of any municipal, county or State law and not within the provisions of the first sentence, and shall be therefore retaken, shall be guilty of a misdemeanor.

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Section 3. Said Code Chapter is further amended by striking Code Section 26-4509, which reads: 26-4509. Any person confined in the penitentiary who shall escape therefrom, and shall be thereafter retaken, shall be indicted for an escape, and, on conviction, shall be punished by imprisonment and labor in the penitentiary for not less than three months nor more than four years; and any person who shall aid or assist a prisoner confined in the penitentiary to escape, or in an attempt to escape therefrom, shall receive the like punishment. in its entirety. Code 26-4509 repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1955. MUNICIPAL TAX COLLECTION. Code 92-4104 Amended. No. 357 (Senate Bill No. 34). An Act to amend the Act approved February 28, 1874 (Ga. Laws, 1874, pp. 109, 110), entitled An Act to limit and regulate the assessment and collection of taxes by municipal authorities of this State, except so far as relates to the City of Savannah, codified as Sections 92-4101, 92-4102, 92-4103, and 92-4104, Code of Georgia, 1933, and the several Acts amendatory thereof, so as to provide that the terms and provisions of said Act, as amended, and said Code sections, as amended, shall not apply to the City of Atlanta: 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. A copy of notice of intention to apply for

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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 having been complied with for the enactment of this law. Section 2. That the terms and provisions of the Act and the Code sections, referred to in the caption hereof, as amended, be further amended by adding a new section, as follows: The provisions of this Act, as codified in Sections 92-4101, 92-4102, 92-4103 and 92-4104, Code of Georgia, 1933, as amended, shall not in any manner apply to the City of Atlanta. New matter. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 7, 1955. JUVENILE COURT ACT AMENDED. No. 358 (House Bill No. 397). An Act to amend an Act known as the Juvenile Court Act, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 87) so as to provide for the transfer of a child to other courts who is charged with a crime; to provide for the apprehension and detention of offenders under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Juvenile Court Act,

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approved February 19, 1951 (Ga. L. 1951, p. 291), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 87), is hereby amended by striking Section 11 in its entirety and in lieu thereof inserting the following: Section 11. Transfer to other courts. If a child of 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 Act shall prevent the indictment or trial or conviction of any person fifteen years of age or older in any superior court having trial jurisdiction of the offense, in accordance with Section 2-3901 of the Constitution of the State of Georgia of 1945. Section 2. Said Act is further amended by striking Section 17 in its entirety and in lieu thereof inserting the following: Section 17. Apprehension and detention. Any child found violating any law or ordinance, or whose surroundings are such as to endanger his welfare, may be taken into custody by city, county, or State police officers, or other peace officers, in the same manner as he would arrest an adult under similar circumstances. Such taking into custody shall not be termed an arrest. The jurisdiction of the court shall attach from the time of such taking into custody. Provisions shall be made for a detention home or homes for temporary detention of children, to be conducted by the court or subject to the supervision of the court or other appropriate public agency, or the court may arrange for the use of private homes for such detention, subject to the supervision of the court or other agency, or may arrange with any institution or agency to receive for temporary care or custody, children within the jurisdiction

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of the court. When a detention home is established as an agency of the court, necessary professional and other employees for such home shall be appointed in the same manner as provided for the appointment of other employees of the court. In all counties where special detention homes or facilities are provided by the juvenile court or other governmental authorities, no child shall be detained in any lockup or jail except by order of the judge of said court. It shall be the duties of the officer taking the juvenile offender into custody to place him in such detention home and to file a complaint with the court, setting forth the particulars necessitating such action. In counties where there are no special detention facilities for holding juvenile offenders provided by the juvenile offenders provided by the juvenile court or other governing authorities and it appears to the officer that it is necessary for the protection of society or the juvenile offender that he be held, the said officer may temporarily place him in the local lockup or jail, separate and apart from adult offenders charged with crime, without court order for a period not to exceed twenty-four hours, during which time he shall file a complaint with the judge of the juvenile court or the judge of the superior court acting as judge of the juvenile court, and obtain an order from the judge making further disposition of the juvenile offender. The judge, in his discretion, may order the child held or may release him to his parents, with or without bail, always acting in the best interest of correcting and rehabilitating the youthful offender. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955.

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PAUPER'S AFFIDAVITS IN TRIAL COURTS. No. 365 (House Bill No. 362). An Act to provide for pauper's affidavits in all trial courts; 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. When any party, plaintiff or defendant, in any suit at law or proceedings in the superior courts, courts of ordinary, justices of the peace, notaries public who are ex officio justices of the peace, and such other courts as have been or may be established by law, shall be unable to pay any deposit, fee or other cost which may normally be required in such court, if such party shall subscribe an affidavit to the effect that from poverty he is unable to pay these costs, such party shall be relieved from paying such costs and his rights shall be the same as if he had paid such costs. Affidavit. Section 2. Any other party at interest, or his agent or attorney, may contest the truth of such pauper's affidavit by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the court under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final. Nothing herein shall apply to the requirement under the present law for advance deposits in divorce cases. Traverse. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955.

Page 585

STATE OFFICE BUILDING AUTHORITYAMENDMENTS. No. 368 (House Bill No. 350). An Act to be entitled an Act to amend an Act creating the State Office Building Authority (Ga. Laws 1951, pp. 699-701), as amended, (Ga. Laws 1953, Jan.-Feb. Sess., pp. 355-357), authorizing the Authority to acquire, construct, operate and maintain self-liquidating projects adjacent to the State Capitol embracing buildings and facilities intended for use by any department, board, commission or agency by the State of Georgia, and providing powers, methods and procedures, etc., so as to authorize said Authority to build, construct, operate, and maintain self-liquidating projects and facilities for use of the State Department of Public Safety on property owned by the State of Georgia and known as the Confederate Soldiers' Home property in Fulton County; to increase the maximum amount of revenue bonds authorized to be issued by the Authority under Section 5 thereof, from thirteen million ($13,000,000.00) dollars to fourteen million ($14,000,000.00) dollars; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. That an Act of the General Assembly of Georgia, approved February 21, 1951 (Ga. Laws 1951, pp. 699-701), as amended, (Ga. Laws 1953, Jan.-Feb. Sess., pp. 355-357), known as the State Office Building Authority Act, creating and authorizing said Authority to acquire, construct, operate and maintain self-liquidating projects adjacent to the State Capitol embracing buildings and facilities intended for use by any department, board, commission or agency of the State of Georgia, and providing powers, methods and procedures, etc., be and the same is hereby amended as follows, by adding thereto a new section to be known as Section 32, and to read:

Page 586

Section 32. In addition to the powers and authority granted under the provisions of this Act, said Authority shall be authorized and empowered to construct, operate and maintain self-liquidating projects and facilities for the State Department of Public Safety on the property of the State of Georgia known as the Confederate Soldiers' Home property located in Fulton County, under the powers, methods and procedures provided in said Act. Confederate Soldiers' home property. Section 2. It is further enacted that Section 5 of said Act is hereby amended by striking therefrom the words: thirteen million ($13,000,000.00) dollars wherever they may appear therein, and inserting in lieu thereof the words fourteen million ($14,000,000.00) dollars, so that said Section 5 as hereby amended, shall read: 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 fourteen million ($14,000,000.00) dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest obtainable rate, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Bond limit. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955.

Page 587

UNIFORM CRIMINAL EXTRADITION ACT AMENDED. Code 44-303 Repealed. No. 371 (Senate Bill No. 88). An Act to repeal Section 44-303 of the Code of 1933, relating to suspension of the return of fugitives from justice under prosecution in this State; to amend an Act approved February 21, 1951 (Ga. Laws 1951, p. 726), referred to as the Uniform Criminal Extradition Act, by amending Section 19 thereof, relating to surrender of fugitives under prosecution in this State, by providing that the Governor may in his discretion surrender such fugitives in certain instances and under certain conditions; to amend Section 5 of said Act, relating to the return to this State of fugitives held under prosecution in other States by correcting a typographical error therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 44-303 of the Code relating to suspension of the return of fugitives from justice to other States when such fugitives are under prosecution in this State, is hereby repealed. Code 44-303 repealed. Section 2. An Act approved February 21, 1951 (Ga. Laws 1951, p. 726), referred to as the Uniform Criminal Extradition Act, is hereby amended by striking therefrom Section 19, relating to the return to other States of persons who are under prosecution in this State, and by substituting in lieu thereof a new section to read as follows: Sec. 19, Act of 1951, amended. Section 19. The Governor may in his discretion surrender upon demand of the executive authority of another State, any person found in this State, notwithstanding the fact that a criminal prosecution or charges under the laws of this State are pending against such person,

Page 588

or that such person has already been convicted in this State and is serving a sentence in any jail or penal institution of this State or of any county or municipality thereof, or that such person is serving a suspended or probationary sentence. The Governor may condition the release of such prisoner to the demanding State upon such terms as he may stipulate, including the condition that the prisoner be returned to this State immediately after trial and before commencing the service of sentence, if any, in the demanding State; provided however, in no case shall surrender of such prisoner be construed as a complete relinquishment of jurisdiction by this State, but such prisoner shall forthwith be return to the custody of this State at expense of the demanding state, immediately after trial in the demanding State, or the completion of sentence therein, as the case may be, except where the sentence of death has been executed in the demanding State. Surrender of prisoner to demanding State. Section 3. Section 5 of said Act, which section relates to the return to this State of fugitives imprisoned or held under criminal prosecution in another State, is hereby amended by inserting after the word State and before the word for, both in the fifth line, the words, the Governor of this State may agree with the executive authority of such other State, so that said section, when so amended, shall read as follows: Sec. 5 amended. Section 5. Extradition of person imprisoned or awaiting trial in another State or who have left the demanding State under compulsion. When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another State, the Governor of this State may agree with the executive authority of such other State for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other State, upon condition that such person be returned to such other State at the expense of this State as soon as the prosecution in this State is terminated. Return of prisoner to this State.

Page 589

The Governor of this State may also surrender on demand of the executive authority of any other State any person in this State who is charged in the manner provided in Section 23 of this Act with having violated the laws of the State whose executive authority is making the demand, even though such person left the demanding State involuntarily. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. FLUE-CURED LEAF TOBACCO SALES. No. 372 (Senate Bill No. 32). An Act to provide for the licensing of warehouses for the sale of flue-cured leaf tobacco; to provide a license fee and to provide for a Tobacco Advisory Board, its composition, duties, and powers; to provide a method of determining the opening of the flue-cured leaf tobacco marketing season; to provide for the revocation of licenses by the Commissioner of Agriculture; to provide for a minimum flue-cured leaf tobacco marketing season; to provide a maximum selling rate; to provide for reports of sales by tobacco warehouses; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The purpose of this Act is to enable producers to have sufficient time to properly cure, prepare, and have an adequate time to market their flue-cured leaf tobacco. Nothing herein shall prohibit a producer from selling his tobacco at a private sale at any time. The provisions of this Act shall apply only to sales of flue-cured leaf tobacco produced in the calendar year in which the sale is made. Purpose of Act.

Page 590

Section 2. No person, real or corporate, shall operate, hold or conduct an auction sale for the sale of flue-cured leaf tobacco within this State without having first obtained a license for the year in which the sale is made from the Commissioner of Agriculture. The license shall be for the calendar year for each tobacco warehouse. The license fee shall be ten dollars ($10.00) for one calendar year and shall expire on December 31 of each year and subject to renewal under such rules and regulations as the Commissioner of Agriculture shall prescribe. Sales licenses. Section 3. There is hereby created a Tobacco Advisory Board to be composed of nine members, three members of the House of Representatives to be appointed by the Speaker; two members of the Senate, to be appointed by the President. The members from the General Assembly shall be appointed from those members who are tobacco producers and are from the flue-cured leaf tobacco producing counties of this State. One member shall be the Commissioner of Agriculture, or his representative, who shall be chairman of the board. One member shall be the President of the State Farm Bureau, or his representative, and one member shall be a flue-cured leaf tobacco producer, to be appointed by the Commissioner of Agriculture. One member shall be a member of the Georgia Flue-Cured Tobacco Warehousemen's Association, to be appointed by that association. The appointive members shall serve at the pleasure of the respective appointive officers, or associations. Tobacco Advisory Board. Section 4. The members of the General Assembly shall receive the per diem and expense allowance provided for committee work of the General Assembly. Such sums shall be paid from the funds appropriated for the operation of the General Assembly. The other appointive members of the board shall receive fifteen dollars per day for each day in attendance of the duties of the board, and shall be reimbursed their necessary expenses incurred in the performance of the duties of the board. The Commissioner of Agriculture shall be reimbursed according to law, the expenses incurred in his performance of the duties of the board. Provided, however, said members

Page 591

shall not receive per diem to exceed seven days per year. Per diem and expenses. Section 5. The Tobacco Advisory Board shall meet in June of each year on the call of the chairman to survey the condition of the tobacco crop and recommend an opening date of the marketing season. The chairman shall determine the time and place of the meeting. The board shall recommend to the Commissioner of Agriculture a date for the opening of the tobacco marketing season. If the Commissioner of Agriculture approves the opening date, he shall cause one or more members of the board to attend the meeting of the board of governors of the Bright Leaf Tobacco Association to make known the recommendation as to the opening of the marketing season in Georgia. Opening date of marketing season. Section 6. If the board of governors of the Bright Leaf Tobacco Association shall set an opening date for the tobacco marketing season in Georgia, that is not in accordance with, nor agreeable to, the Tobacco Advisory Board or the Commissioner of Agriculture, the Commissioner of Agriculture shall determine the opening date of the tobacco marketing season in the State. If any warehouseman shall hold a sale prior to the date determined by the Commissioner of Agriculture, the license of that warehouseman shall be revoked and shall not be reinstated or reissued in that calendar year. The revocation of license as provided herein shall be in addition to the penalty for the violation of the provisions of this Act. Revocation of licenses. Section 7. The flue-cured leaf tobacco marketing season shall continue for a minimum of twenty-seven selling days after the opening date. The operating day at each flue-cured leaf tobacco warehouse shall be limited to five actual selling hours, and the operating week of such warehouse shall be limited to five actual selling days, providing that Saturday and Sunday shall not be used as selling days. Length of marketing season. Section 8. If any such warehouse has two successive selling days on which the actual selling time is not more

Page 592

than one hour for each day, then that particular warehouse shall be permited to cease its operation but not before two days have passed after the days that the actual selling time has not exceeded one hour per day. Section 9. The maximum rate of sales at such warehouses shall not exceed four hundred fifty (450) baskets during any one hour, nor shall the rate of sales exceed four hundred fifty (450) baskets per hour. Rate of sales. Section 10. Each such tobacco warehouse shall report only the number of pounds of first-hand tobacco received, average price per pound, and the total sales first-hand, at the close of business, on Friday on each week to the State Department of Agriculture, together with other information or reports as required by law and by the rules and regulations promulgated by the Commissioner of Agriculture. Reports. Section 11. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon a conviction thereof shall be punished as provided by law. Violations. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. GIFT OF SECURITIES TO MINORS. No. 373 (Senate Bill No. 81). An Act to provide for the gift of securities to minors; to provide the procedure for delivery of registered securities to a custodian; to provide the procedure for delivery of bearer forms securities to a custodian; to provide that a gift of securities to a minor as herein provided shall be irrevocable and shall convey indefeasibly vested title; to provide that a guardian shall

Page 593

have no rights, duties, or authority with respect to any property of a minor held by a custodian under this Act; to provide that the custodian may hold, manage, invest or reinvest property of the minor without court order; to provide that the custodian, at his discretion, may sell, exchange, convert, or otherwise dispose of any property of the minor; to provide that the custodian may retain, invest, sale or exchange all securities delivered to him under this Act without reference to the statutes relating to permissible investments by fiduciaries; to provide the rights, powers and duties of the custodian of a minor's property; to provide that an issuer of securities, transfer agent, registrar, bank, or other person shall not be responsible for determining whether any person has been duly designated as a custodian, or whether any purchase, sale, or transfer is authorized, or whether any instrument or instructions executed or given by a person purporting to act as custodian is valid; to provide that all property held by the custodian of a minor shall be kept separate and distinct from the custodian's own funds and property; to provide that the custodian shall not be entitled to compensation, but shall be reimbursed from the property held as custodian for reasonable expenses incurred in the performance of his duties; to provide that a custodian who is not compensated shall be under no obligation to give bond for the faithful performance of his duties and shall not be liable for any losses, except as are a result of his bad faith or intentional wrongdoing, or result from investing the minor's property in a manner other than as prescribed by Section 3(b); to provide the methods by which a custodian may resign; to provide for the appointment of a successor custodian upon the death or incapacity of the custodian; to provide for the appointment of a successor custodian by the court of ordinary; to provide that the custodian shall not be required to account for his acts, unless a petition is filed with the court of ordinary within one year after the minor attains the age of twenty-one (21) years or dies before attaining said age; to define certain terms used herein; to repeal conflicting laws; and for other purposes.

Page 594

Be it enacted by the General Assembly of Georgia: Section 1. Any adult person may make a gift of securities to a person who has not attained the age of 21 years on the date of the gift (hereinafter referred to as the minor) in the following manner: (a) Securities, if in registered form, shall be registered by the donor in his own name or in the name of any adult member of the minor's family or in the name of any guardian of the minor, followed by the words, as custodian, for , a minor, under the laws of Georgia, and the securities shall be delivered to the person in whose name they are thus registered as custodian. If the securities are thus registered in the name of the donor as custodian such registration shall of itself constitute the delivery required by this section. Gift to minor. (b) Securities, if in bearer form, shall be delivered by the donor to any adult member of the minor's family, other than the donor, or to any guardian of the minor, accompanied by a deed of gift duly acknowledged in substantially the following form, signed by the donor and the person designated therein as custodian: Deed of Gift Under Section 48-104 of Chapter 48-1 of the laws of Georgia.

Page 595

(c) The person designated as a custodian under this section is hereinafter called the custodian. Section 2. A gift made in the manner prescribed in Section 1 of this Act shall be irrevocable and shall convey to the minor indefeasibly vested legal title to the securities thus delivered, but no guardian of the person or property of the minor shall have any rights, duties or authority with respect to any property held at any time by the custodian under the authority of this Act, unless said guardian shall himself be or become custodian in accordance herewith. Custodian. Guardian. Section 3. (a) The custodian shall hold, manage, invest and reinvest the property held by him as custodian, including any unexpended income therefrom, as hereinafter provided. He shall collect the income therefrom and apply so much or the whole thereof and so much or the whole of the other property held by him as custodian as he may deem advisable for the support, maintenance, education and general use and benefit of the minor, in such manner, at such time or times, and to such extent as the custodian in his absolute discretion may deem suitable and proper, without court order, without regard to the duty of any person to support the minor and without regard to any other funds which may be applicable or available for the purpose. To the extent that property

Page 596

held by the custodian and the income thereof is not so expended, it shall be delivered or paid over to the minor upon the minor's attaining the age of twenty-one (21) years, and in the event that the minor dies before attaining the age of twenty-one (21) years it shall thereupon be delivered or paid over to the estate of the minor. Powers and duties of custodian. (b) The custodian may sell, exchange, convert, or otherwise dispose of any and all of the securities or other property held by him in such manner and at such time or times, for such prices and upon such terms as he may deem advisable; he shall have the power in his sole and absolute discretion to retain any and all securities delivered to him within the meaning and under the authority of this section without reference to the statutes relating to permissible investments by fiduciaries; he shall invest the minor's property in such securities as would be acquired by prudent men of discretion and intelligence who are seeking a reasonable income and the preservation of their capital without reference to the statutes relating to permissible investments by fiduciaries or hold part or all of the same in one or more bank accounts in his name as such custodian; he may vote in person or by general or limited proxy with respect to any securities held by him; he may consent directly or through a committee or other agent to the reorganization, consolidation, dissolution or liquidation of any corporations, the securities of which may be held by him, or to the sale, lease, pledge or mortgage of any property by or to any such corporation. (c) In addition to the foregoing rights, powers and duties with respect to any securities or other property held by the custodian, the custodian, in his name as such custodian, shall have all the powers of management which a guardian of the property of the minor would have.

Page 597

Section 4. A person acting as custodian, other than a guardian of the property of the minor, shall receive no compensation for his services but shall be entitled to reimbursement from the property held by him as custodian for the reasonable expenses incurred in the performance of his duties hereunder. A guardian of the property of the minor, when acting as custodian under the authority of this Act, may receive such additional compensation for his services as guardian as he would be entitled to receive if the property held by him as custodian hereunder were held by him in his capacity as guardian, in addition to the other property of the minor held by him in that capacity. Custodian's expenses.

Page 598

Section 5. A custodian who is not compensated for acting as such shall be under no obligation to give bond for the faithful performance of his duties and shall not be liable for any losses to the property held by him except such as are the result of his bad faith or intentional wrongdoing or result from his investing the minor's property in a manner other than as prescribed in Section 3 (b) of this Act. Liability of custodian. Section 6. A custodian may resign by (a) executing and duly acknowledging an instrument of resignation designating a successor custodian who is an adult member of the minor's family or a guardian of the minor, (b) delivering such instrument to the successor custodian, (c) causing securities, if in registered form, to be registered in the name of the successor custodian as such, and (d) delivering to the successor custodian such securities so registered together with all other property held by him as custodian. In the alternative, the custodian may petition the court of ordinary for permission to resign and for the appointment of a successor custodian. Resignation of custodian. Section 7. In the event of the death or incapacity of the custodian before the minor attains the age of twenty-one (21) years, and (a) If there is a duly appointed and acting general guardian of the property of the minor, he shall become the successor custodian, but Death or incapacity of custodian. (b) If there is no duly appointed and acting general guardian of the property of the minor, and 1. If the minor has attained the age of fourteen (14) years, he may designate in writing an adult member of the minor's family or a guardian of the minor as successor custodian, or 2. If the minor has not attained the age of fourteen (14) years, the successor custodian shall be the adult member of the minor's family or a guardian of the minor, designated by will or duly acknowledged instrument

Page 599

of appointment executed by the last acting custodian. If no such designation is made by the last acting custodian, his legal representative may designate in writing an adult member of the minor's family or a guardian of the minor a successor custodian. Section 8. At any time or times when there is no duly acting custodian the legal representative of the last acting custodian or any adult member of the minor's family or a guardian of the minor may petition the court of ordinary for the appointment of a successor custodian. Section 9. Any successor custodian shall have all the rights, powers and duties of a custodian under the authority of this Act. Section 10. The custodian shall not be required to account to the minor or to any other person for his acts and proceedings unless the minor, a parent of the minor, the legal representative of the minor or a successor custodian shall petition the court of ordinary for such an accounting no later than one year after the minor attains the age of twenty-one years or dies before attaining the age of twenty-one years. Accounting. Section 11. (a) The term security as used in this Act means any note, stock, bond, debenture, evidence of indebtedness, collateral trust certificate, transferable share, voting trust certificate, certificate of deposit for a security or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, or warrant or right to subscribe to or purchase, any of the foregoing. Definitions. (b) A security is in registered form when its terms specify a person entitled to the security or to the rights it evidences and specify that its transfer may be registered upon books maintained for that purpose by or on behalf of an issuer. (c) A security is in bearer form when it runs to

Page 600

bearer according to its terms and not by reason of any endorsement. (d) The term member of the minor's family as used in this Act means the minor's parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption. (e) The term legal representative as used in this Act means, as may be appropriate in the circumstances, the executor, administrator, general guardian, or committee (conservator) of the property of the person to whose legal representative reference is made. (f) A gift made under authority of this Act to guardian of the minor as custodian shall be deemed to have satisfied the requirements of this Act if the person to whom delivery has been made is either guardian of the person or guardian of the property of the minor, duly appointed in the State of Georgia, or in the state, territory or country where the minor was domiciled at the time of the delivery of the gift. Section 12. This Act shall not be construed as providing an exclusive method for making gifts of securities to minors. Section 13. This Act shall not be construed to apply to securities received by a minor by bequest or inheritance, but shall apply only to inter vivos gifts. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955.

Page 601

MINIMUM FOUNDATION ACT AMENDED. No. 374 (Senate Bill No. 61). An Act to amend an Act approved February 25, 1949, and known as Minimum Foundation Program of Education Act (Ga. Laws 1949, pp. 1406, et seq.) and particularly Section 14 of said Act so as to provide that State-contributed foundation program funds shall be allotted to local units of administration on the basis of current average daily attendance: 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 14 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 thereto the following: Any other Acts of the General Assembly to the contrary notwithstanding, whenever the official attendance reports of any local unit of administration show an increase in average daily attendance, the State-contributed funds shall be increased in proportion to the increase in average daily attendance and adjustments shall thereafter be made, at least semi-annually during the school year, in proportion to the increase or decrease in average daily attendance; except, however, that no reduction in State-contributed funds below that allocated at the beginning of the school year shall be made. So that said Section 14 of said Act, when so amended shall read as follows: Sec. 14 amended. Section 14. The amount of State-contributed foundation program funds which shall be allotted to each local unit by the State Board of Education shall be the difference between the total calculated cost as determined in Section 12 of this Act less the local ability of the unit to raise funds as determined in Section 13. Any other Acts of the General Assembly to the contrary

Page 602

notwithstanding, whenever the official attendance reports of any local unit of administration show an increase in average daily attendance, the State-contributed funds shall be increased in proportion to the increase in average daily attendance and adjustments shall thereafter be made at least semi-annually during the school year in proportion to the increase or decrease in average daily attendance; except, however, that no reduction in State-contributed funds below that allocated at the beginning of the school year shall be made. And further provided that the State Board of Education shall at the beginning of the fiscal year 1955-56, and each subsequent year thereafter, set aside from total appropriation for education a portion of said appropriation to meet these adjustments, as authorized under the terms of this section when such funds are available. Allotment of State-contributed funds. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1955. REGISTRATION OF ARCHITECTS. Code Ch. 84-3 Amended. No. 375 (Senate Bill No. 107). An Act to amend an Act of Georgia Laws of 1952, page 457, pertaining to examination and registration of architects, and to amend particularly Section 84-302 of said Act by adding a new paragraph, so as to provide that every firm, corporation, partnership, association and company performing architectural services as described herein shall submit annually a certification as to the name of its executive officer who is a registered architect, his certificate number and its compliance with the provisions for practice prescribed in this Chapter; to provide for amending Section 84-303 of said Act (which is now codified in Georgia Code Annotated,

Page 603

1954 Supplement), by striking said section in its entirety and inserting in lieu thereof a new section, so as to provide for qualification for examination for applicants to become architects; to provide for amending Section 84-313 of said Act so as to fix examination and registration and renewal fees; to provide for amending Code Section 84-319 (Ga. Annotated Code of 1933) by adding a new paragraph to said section so as to provide for the revocation of certificates when an architect has been found guilty by the board of permitting the use of his seal by any firm, company, partnership, association or corporation without complying with the provisions of Section 84-302; to provide for amending Section 84-321 by adding a new section to be known as Section 84-321a so as to provide for the use of injunctions of illegal practices; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 2 of Georgia Laws 1952, page 457, now codified in the Annotated Code of Georgia, 1954 Supplement 84-302, be amended, and the same is hereby amended by adding a new paragraph to said section to read as follows: Every firm, company, partnership, association, and corporation performing architectural services as described herein shall submit annually a certification as to the name of its executive officer who is a registered architect, his certificate number, and its compliance with the provisions for practice prescribed in this section. so that said section when so amended shall read as follows: Code 84-302 amended. Certificate of qualification to practice under title of architect.An architect within the meaning of this Act is an individual technically and legally qualified to practice architecture and who is authorized under this Act to practice architecture. Any person wishing to practice architecture who prior to the passage of this Act shall not already have been registered to practice architecture in the State of Georgia shall before being entitled to be known as an architect shall qualify as required under

Page 604

the provisions of Section 84-303 of this Act. The renewal of certificates or registration issued to architects registered prior to the enactment of this amendment shall carry the obligations required by this amendment to the original Act under which their previous registrations have been granted. Except as otherwise provided in this Act, no person shall practicse architecture in the State of Georgia or use the title `architect' or `registered architect' or any words, letters, figures, or any other device indicating or intending to imply that he or she is an architect without having qualified as required by this Act. No firm, company, partnership, association, corporation, or other similar organization shall be registered as architects. Firms, companies, partnerships, association and corporations may prepare plans, drawings, and specifications for buildings and structures as defined by this Act and perform the services heretofore enumerated common to the practice of architecture, provided that at least one of the chief executive officers of such firms, companies, partnerships, associations, corporations, or similar companies, are registered architects in the State of Georgia under this Act and provided further that the supervision of such buildings and structures shall be under the personal supervision of said registered architects and that such plans, drawings and specifications shall be prepared under the personal direction and supervision of such registered architects and bear their individual signatures and seals. Every firm, company, partnership, association, and corporation performing architectural services as described herein shall submit annually a certification as to the name of its executive officer who is a registered architect, his certificate number, and its compliance with the provisions for practice prescribed in this section. Certificate of qualification to practice. Section 2. Section 3 of Georgia Laws 1952, p. 457, which is now codified in the Annotated Code of Georgia, Supplement 1954, 84-303, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following, so that said section when so amended shall read as follows: Code 84-303 amended.

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84-303. Qualifications, age, citizenship, and character of applicant for registration as architect. Examinations by board.Any citizen of the United States, being at least 21 years of age and of good moral character, may apply through the Joint-Secretary, State Examining Boards, to the State Board for Examination, Qualification and Registration of Architects for such examination as shall be requisite for such certification under this Chapter if qualified as set forth in Subdivision (a) of this section or for a certificate of registration if qualified as set forth in Subdivision (b) of this section. Qualifications. (a) The candidate for examination shall submit to the said board satisfactory evidence of the qualifications set forth under Paragraphs (1) or (2) of this subdivision. The examination shall be the written examination prepared in accordance with the outline prescribed by the National Council of Architectural Registration Boards. (1) A diploma of graduation or satisfactory certificate from an architectural college or school indicating that he or she has completed a technical course approved by the American Institute of Architects, and at least 3 years' satisfactory experience in the office or offices of a regularly practicing registered architect or architects. (2) A minimum of seven years' experience, subsequent to completion of the high school course or the equivalent thereof, in the office or offices of a regularly practicing registered architect or architects, as may be approved by the said board. Should the applicant have attended an accredited architectural college or school, the board may accept the satisfactory completion of each year thereof as being equivalent to one year of the above required office experience provided that accredited college or school experience shall not be accepted in lieu of more than 4 years of the above required experience. (b) The applicant for a certificate of registration shall submit satisfactory evidence of registration or certification in another State or Territory where the qualifications prescribed at the time of such registration or

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certification were equal to those prescribed in this State at date of application. The said board may require applicants under subdivisions (a) or (b) to furnish satisfactory evidence of knowledge of professional practice. Section 3. Section 5 of Acts of 1952, Ga. Laws 1952, page 446, now codified as Section 84-313, Georgia Annotated Code, 1954 Supplement, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Code 84-313 amended. 84-313. Fees for examination and certificates.The fee to be paid to the Joint-Secretary by an applicant for an examination shall be $25.00. The fee to be paid to such secretary by an applicant for a certification of registration shall be $5.00. The fee to be paid to such secretary for the restoration of an expired certificate of registration shall be $15.00. The fee to be paid upon renewal of a certificate of registration shall be $7.50. The fee to be paid by an applicant for a certification of registration, who is an architect registered or licensed under the laws of another State or Territory, under Subdivision (b) of Section 84-303 or under Section 84-317 shall be $25.00. Fees. Section 4. Section 84-319, Georgia Code Annotated 1933, is hereby amended by adding a new paragraph to said section to read as follows: (e) When the holder of the certificate has been found guilty by the said board of permitting the use of his seal by any firm, company, partnership, association, or corporation without complying with the provisions of Section 84-302 as to his personal direction and supervision of architectural services performed by such firm, company, partnership association, or corporation. So that when said section is amended it shall read as follows: Code 84-319 amended. 84-319. Revocation of certificate; grounds; hearing. The State Board for Examination, Qualification and Registration of Architects may revoke any certificate after 30 days' notice, with grant of hearing to the holder

Page 607

thereof, if proof satisfactory to the said board shall be presented, in the following cases: Revocation of certificate; grounds. (a) When it is shown that the certificate was obtained through fraud or misrepesentation. (b) When the holder of the certificate has been found guilty by the said board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted of a felony by a court of justice. (c) When the holder of the certificate has been found guilty by the said board of gross incompetency or of recklessness in the planning or construction of buildings. (d) When it is proved to the satisfaction of the said board that the holder of the certificate is an habitual drunkard or is habitually addicted to the use of morphine, opium, cocaine, or other drug having a similar effect. (e) When the holder of the certificate has been found guilty by the said board of permitting the use of his seal by any firm, company, partnership, association, or corporation without complying with the provisions of Section 84-302 as to his personal direction and supervision of architectural services performed by such firm, company, partnership, association, or corporation. Section 5. Section 8 of the Acts of 1952 (Ga. Laws, 1952, p. 465, now codified as Section 84-321, Georgia Code Annotated, 1954 Supplement, is hereby amended by adding a new paragraph to read as follows: 84-321 (a). Injunction of illegal practices; petition by board.As cumulative of any other remedy or criminal prosecution, whenever it shall appear to the Georgia State Board for Examination, Qualification and Registration or Architects that any person, firm, company, partnership, association, or corporation is or has been violating any of the provisions of this Chapter, or the lawful rules, regulations or orders of the board, or any of the laws of the State of Georgia relating to the practice of

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architecture, said board may on its own motion and must on the verified complaint in writing of any person or association, file an equitable petition in its own name in the superior courts of this State, alleging the facts, and praying for a temporary restraining order, an injunction and permanent injunction against such person, firm, company, partnership, association, or corporation, restraining him from violating such law, order, rule or regulation, and upon proof of such facts the said court shall issue such restraining order, injunction and permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. Injunction. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. HOG CHOLERA ACT AMENDED. No. 377 (House Bill No. 142). An Act to amend an Act entitled An Act to prevent the spread of hog cholera; to prescribe the method of purchase, distribution, and administering of hog cholera serum and virus in this State; and for other purposes, approved February 24, 1939 (Ga. Laws 1939, p. 327) so as to provide that the sale, gift, shipment, or use of all virulent hog cholera virus or other virus capable of spreading hog cholera is prohibited within this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to prevent the spread of hog cholera; to prescribe the method of purchase, distribution, and administering of hog cholera serum and virus in this State; and for other purposes, approved February 24, 1939 (Ga. Laws 1939, p. 327) is

Page 609

hereby amended by striking Section 2 in its entirety and inserting in lieu thereof the following: Sec. 2 amended. Section 2. It shall be unlawful for any person, partnership, or corporation to sell, to give, to ship, or to use within this State any serum, modified live virus, or other virus the label or labelling of which does not plainly bear a Federal license number and serial number of the serum or virus sold, given, shipped, or used, and the date it will lose its immune strength; provided, however, that the sale, gift, possession, shipment or use of all virulent hog cholera virus or other virus capable of spreading hog cholera is prohibited, except that the State College of Agriculture, Georgia Poultry Improvement Association Inc., its Experiment Stations, and other State or Federal Experiment Stations, shall be exempt from this proviso so long as virulent hog cholera is produced, purchased, sold or used for research purposes only, as provided in Section 62-1201 of the Code of Georgia, 1933. Section 2. Said Act is further amended by adding a new Section 5 A to read: Section 5 A. It shall be the duty of the Department of Agriculture to administer the provisions of this Act. Section 3. The provisions of this Act shall become effective six months from the date of its approval by the Governor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955.

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JUVENILE COURT ACT AMENDED. No. 376 (House Bill No. 311). An Act to amend an Act establishing juvenile courts and providing the procedure connected therewith, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended by an Act approved March 2, 1953 (Ga. Laws 1953, p. 352) so as to provide that the juvenile court may establish a division of the juvenile probation system of such county for the physical and mental diagnosis of cases of children who are believed to be physically or mentally diseased or defective; to provide for the appointment of special child consultants and the compensation therefor; to provide that such division's services shall be made available to public and private child care agencies and to other members of the public either before or after a formal inquiry is had before the juvenile court; to provide that the personnel and branch facilities of the Department of Health shall render professional guidance where possible; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing juvenile courts and providing the procedure connected therewith, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended by an Act approved March 2, 1953 (Ga. Laws 1953, p. 352) is hereby amended by striking Subsection (4) of Section 9 of said Act and inserting in lieu thereof a new Subsection (4) to read: Section 9. (4) Who is neglected or living under insufficient and improper guardianship, or who is in need of medical, psychiatric, psychological or other care necessary for his well-being, or who is abandoned by his parent or other custodian. In the consideration of these cases, the juvenile court may establish a division of the juvenile probation system of such county for the physical and mental diagnosis of cases of children who are believed

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to be physically or mentally diseased or defective, and may appoint as a special child guidance consultant any duly qualified physician or physicians, and other necessary and qualified personnel for the purpose of making a complete examination and rendering corrective treatment to said child or children, and the compensation for said services shall be fixed by the judge with the approval of the county governing authority. Provided, however, that where qualified personnel for the purposes herein stated are available or which can be made available at a reasonably convenient branch clinic of the Department of Health, the Department of Health officials or physicians shall make the examinations and corrective treatments. Child guidance consultant. In connection with the prevention of juvenile delinquency and the establishment and operation of said division, the court may offer consultant services to public and private child care agencies and members of the public either before or after formal inquiry or disposition of a child's case is had before the juvenile court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. LAND SURVEYORS' REGISTRATION. No. 380 (House Bill No. 177). An Act to amend an Act relating to the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; creating a State Board of Registration for Professional Engineers and Land Surveyors, defining its duties and powers, approved March 8, 1945 (Ga. Laws 1945, p. 294), so as to provide that the State Board of Registration for Professional Engineers and Land Surveyors shall be empowered to bring suit in any court of competent

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juridiction to enforce the provisions of this Act; to provide that the Department of Law shall represent the board in any such proceeding; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the regulation of the practice of all branches of professional engineering and creating a State Board of Registration for Professional Engineers and Land Surveyors, approved March 8, 1945 (Ga. Laws 1945, p. 294), is hereby amended by adding a new section, to be numbered Section 11-A, to read as follows: Section 11-A. The board is authorized, empowered and directed to bring suit in any court of competent jurisdiction to enforce the provisions of this Act by petition for injunction or other appropriate legal or equitable remedy. It shall be the duty of the Department of Law to represent the board in any such proceeding. Proceedings to enforce Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. RECORDS OF PROPERTY INSTRUMENTS IN CERTAIN COUNTIES. Code 24-2715 Amended. No. 381 (House Bill No. 122). 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 55,000 and not more than 62,000, according to the 1950 United States census, or any

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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: 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 55,000 and not more than 62,000, 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

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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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. LANDAFFIDAVITS SHOWING FACTS AFFECTING TITLE. No. 382 (House Bill No. 234). An Act to provide for the recording of affidavits showing facts affecting title to land; to provide for the admissibility of such affidavits in evidence; to provide for the recording of such affidavits and the compensation therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Recorded affidavits shall be notice of the facts therein recited, whether heretofore or hereafter recorded and whether taken at the time of a conveyance of land or not, where such affidavits show the relationship of parties or other persons to conveyances of land, the relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to lands, the ages of any person or persons connected with the chain of title, whether the land embraced in any conveyance, or any part of such land or right therein, has been in the actual possession of any party or parties connected with the chain of title; the payment of debts of an unadministered estate; the fact and/or date of death of any person connected with such title; where such affidavits relate to the identity of parties whose

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names may be shown differently in chains of title; where such affidavits show the ownership or adverse possession of lands or that other persons have not owned such lands nor been in possession of same; or where such affidavits state any other fact or circumstance affecting title to land or any right, title, interest in or lien or encumbrance upon land. Any such affidavits may be made by any person whether connected with the chain of title or not. Affidavits. Section 2. In any litigation over any of the lands referred to and described in any of such affidavits in any court in the State of Georgia or in any proceedings in any such court involving the title to such lands wherein the facts recited in such affidavits may be material, the said affidavits, or certified copies of the record thereof, shall be admissible in evidence and there shall be a rebuttable presumption that the statements in said affidavits are true. The said affidavits or certified copies thereof shall only be admissible as evidence in the event the parties making the affidavits are deceased or are non-residents of the State or their residence unknown to the parties offering the affidavits or such parties are too old, infirm or sick to attend court. Evidence. Section 3. Affidavits referred to in the two preceding sections shall be filed by the clerk of the superior court of the county where the land lies, and shall contain a caption referring to the then owner and to a deed or other recorded instrument in the chain of title of the affected land, and the clerk of the superior court shall record such affidavits and shall enter on the deed or other recorded instrument so referred to the book and page on which such affidavit may be recorded and shall index same in the name of the then purported owner as shown by such caption in both grantor and grantee indexes in deed records as conveyances of lands are recorded and indexed, and he shall receive the same compensation therefor as for recording deeds to lands. Recording. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955.

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DOWERHOW BARRED. Code 31-110 Amended. No. 385 (House Bill No. 107). An Act to amend an Act of the General Assembly of Georgia approved March 31, 1937 (Ga. Laws 1937, pp. 450, 451) appearing as paragraph 6 of Section 31-110 of the Annotated Code of Georgia providing how dower may be barred by a sale by an administrator or executor under authority of a competent court or a power in a will, prior to application for dower, by removing the limitation as to the time of sale, and by providing for notice to the widow and the recording of the affidavit of the administrator or executor as to such notice; 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 Paragraph 6 of Section 31-110 of the Annotated Code of Georgia as enacted by Acts of the General Assembly of Georgia approved March 31, 1937, (Ga. Laws 1937, pp. 450, 451), be and the same is hereby amended by striking therefrom the words made more than twelve months after the death of the husband,; and by striking the words provided, however, such administrator or executor shall give the widow written notice, personally or by registered mail, at last known address, of his application for sale and substituting in lieu thereof the words Provided, however, such administrator or executor shall give the widow thirty days' written notice of such proposed sale personally or by registered mail, at last known address, and such notice may run concurrently with any application to any court for such sale, and by adding thereto the words The said executor or administrator shall make an affidavit as to the giving of such notice which said affidavit shall be attached to the deed or deeds executed pursuant to said sale and recorded along with said deed or deeds and shall

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be evidence of the giving of said notice, so that said Section 31-110 in its entirety shall read as follows: Code 31-110 amended. 31-110. (5249) How barred.Dower may be barred (Acts 1760, Cobb, 161. Acts 1768, Cobb, 163. Acts 1866, pp. 146, 147.). 1. By provisions made prior to the marriage and accepted by the wife in lieu of dower. 2. By a provision made by deed or will, and accepted by the wife after the husband's death, expressly in lieu of dower, or where the intention of the husband is plain and manifest that it shall be in lieu of dower. 3. By the election of the widow, within 12 months from the grant of letters testamentary or of administration on the husband's estate, to take a child's part of the real estate in lieu of dower. 4. By a failure to apply for the dower for seven years from the death of the husband. (Acts 1839, Cobb, 230. Acts 1855-6, p. 234.) New section. 5. By the adultery of the wife unpardoned by the husband. 6. By a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will: Provided, however, such administrator or executor shall give the widow thirty days' written notice of such proposed sale personally or by registered mail, at last known address, and such notice may run concurrently with any application to any court for such sale, and provided, further, however, that such sale shall bar the dower only as to the land sold. The said executor or administrator shall make an affidavit as to the giving of such notice, which said affidavit shall be attached to the deed or deeds executed pursuant to said sale and recorded along with said deed or deeds and shall be evidence of the giving of said notice. Approved March 9, 1955.

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HOSPITAL AUTHORITIES ACT AMENDED. No. 386 (House Bill No. 354). An Act to amend the Act of the General Assembly known as the Hospital Authorities Law, (Ga. Laws 1941, pp. 241-250) approved March 27, 1941, as heretofore amended, so as to enlarge the purposes for which revenue-anticipation certificates may be issued to include issuance of such certificates for the purpose of paying off or refinancing any debt or obligation of a Hospital Authority, and by providing that participating units or subdivisions including municipalities may contract with a Hospital Authority to pay such Authority a fixed and definite minimum sum each year for services furnished by the Authority; to provide for adjudication of the validity of contracts between such authorities and political subdivisions, and the effect thereof; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved March 27, 1941, (Ga. Laws 1941 p. 241), entitled An Act to create public bodies corporate and politic to be known as Hospital Authorities; to define and provide for the exercise of the duties and powers of such Authorities; to authorize the construction by such Authorities of hospitals, sanitariums, clinics, and other public buildings in connection with hospital projects and utilities in connection with or incident to hospital projects and facilities; to provide for the issuance, sale and redemption of revenue-anticipation certificates; to provide funds for such construction; to provide that such obligation shall not constitute obligations of any county or municipal corporation; to authorize counties and municipal corporations to levy taxes; to provide medical or other care and hospitalization for the indigent sick of such subdivisions, and to contract therefor with such Hospital Authority; to authorize counties and municipal corporations to convey to such Authorities existing hospital

Page 619

facilities; to provide that the properties held by such Hospital Authorities and securities issued by such authorities shall be exempt from taxation and shall constitute legal investments for trustees; to provide for the exercise of the right of eminent domain by such Authorities; and for other purposes, as amended by an Act approved March 8, 1945 (Ga. Laws 1945, pp. 349-350), as amended by an Act approved March 27, 1947 (Ga. Laws 1947, pp. 1138), as amended by an Act approved February 25, 1949, (Ga. Laws 1949, p. 1141), as amended by an Act approved February 17, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 103), and as amended by an Act approved March 3, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 450), be further hereby amended by inserting in line seven of Section Seven thereof, after the word defined the words and to pay off or refinance any outstanding debt or obligation of any nature owed by such Authority, so that said Section Seven of said Act, as amended, shall read as follows: Section 7. Every Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue-anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization and other charges incident thereto in connection with any facilities or project as herein defined, and to pay off or refinance any outstanding debt or obligation of any nature owed by such Authority, and shall likewise have power to issue refunding certificates. Revenue-anticipation certificates. Such Authorities may issue such types of certificates as may be determined by the board of trustees of such Authority, including certificates on which principal and interest are payable: (a) exclusively from incomes or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government or any instrumentality or other person or corporation in aid of such projects; (b) exclusively from income and revenues of certain designated projects; or (c) from revenues of the Authority generally. Any such certificates

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may be additionally secured by the hypothecation of any revenues received from participating units or subdivisions and by mortgage of the project or any part thereof constituting real or personal property of the Authority, except as prohibited by law. Neither the trustees of an Authority nor any person executing certificates on behalf of an Authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of an Authority shall not be, and shall so state on the face thereof, a debt of the city, the county, the State of Georgia or any political subdivision thereof nor of any combination of subdivisions acting jointly as hereunder provided. Certificates of an Authority are declared to be issued for an essential public and governmental purpose, and, together with interest thereon and income therefrom, shall be exempt from all taxes. Section 2. That said Act, as heretofore amended, is hereby further amended by striking the semi-colon following the word project in line 38 of Section Ten and inserting a comma in lieu thereof and adding after said comma the following language: provided, however, that any such contract may obligate a city, town, municipality, or county, or any combination thereof to pay for such services a fixed and definite minimum sum each year based or calculated upon the anticipated cost of such services including the cost and expense of making the facilities of the Authority available for the furnishing and performance of such services; so that said Section Ten, as amended, shall read as follows: Section 10. An Authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies of participating units or subdivisions as herein provided and the execution of a contract for the use of facilities or services of the Authority by political subdivisions or participating units as hereinafter authorized, provision shall be made annually by such participating units or political subdivisions contracting with an Authority for the payment for the services or

Page 621

facilities of the Authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating unit or subdivision or out of tax revenues realized for the purpose of providing medical care, or hospitalization for the indigent sick and poor. For the purpose of providing such tax revenues there is hereby authorized to be levied an ad valorem tax not exceeding five mills exclusive of all other taxes which may be levied by counties or by cities or towns which have executed contracts with hospital Authorities, from which revenues when realized there shall be appropriated annually sums sufficient to pay for the cost of the use of the services and facilities of Authorities by participating subdivisions or the residents thereof pursuant to the contract between such participating units and subdivisions and an Authority; provided, however, that in addition to the aforesaid five mill levy, counties, cities or towns which have executed contracts with hospital Authorities are hereby authorized to levy annually an additional ad valorem tax not exceeding two mills exclusive of all other taxes, from which additional revenues when realized there shall be appropriated sums to be used exclusively to pay for the cost of acquiring, construction, equipping, altering, modernizing or repairing by Authorities of any project as defined in this Act, pursuant to the contract between such participating subdivisions and an Authority, such cost including but not being limited to the principal and interest, and sinking fund and reserve requirements, on revenue certificates or bonds issued by Authorities to acquire, construct, equip, alter, modernize or repair such projects; provided further, the foregoing authorization to levy up to two mills additional tax to be used exclusively for acquiring, constructing, equipping, altering, modernizing or repairing projects, is not intended and shall not be construed as a limitation, reduction or restriction with respect to the levy and use of the aforesaid five mills tax first provided in this section. For the purpose of using such facilities any city, town, municipality or county is hereby authorized by action of its governing body to enter into contracts with an authority for such periods of time not

Page 622

exceeding thirty years as shall be necessary to provide for the continued maintenance and use of the facilities of an Authority; sums due and payable under such contract shall be determined from year to year during the period of such contract and no sums shall be paid for the services in excess of the amounts necessary to provide for the maintenance and operation of projects of authorities and such sums as shall be necessary to provide adequate and necessary facilities for medical care and hospitalization of the indigent sick and poor, including reasonable reserves necessary for expansion and necessary for the payment of the cost of facilities of the project, provided, however, that any such contract may obligate a city, town, municipality, or county, or any combination thereof to pay for such services a fixed and definite minimum sum each year based or calculated upon the anticipated cost of such services including the cost and expense of making the facilities of the Authority available for the furnishing and performance of such services; the contracts herein authorized to be entered into between cities, towns, municipalities or counties or any combination thereof with Authorities may provide for the conveyance or lease of any existing hospital facilities or projects as herein defined to an Authority created by any such cities, towns, municipalities or counties for a nominal consideration only, provided that such conveyance shall contain a clause providing that upon dissolution of the Authority and providing further shall revert to the city, town, municipality or county conveying the same to the Authority and providing further that no property so conveyed may be mortgaged or in any given as security for an indebtedness of the Authority; this limitation, however, is not to be construed as limiting the right of the Authority to pledge or hypothecate revenues which may be realized by the Authority from the operation of any property so conveyed to the Authority. Any property conveyed or leased to an Authority by cities, towns, municipalities or counties shall be operated by the Authority to which the same is conveyed together with other facilities of the Authority in accordance with and under the provisions of this Act

Page 623

and the resolution of the governing body or bodies of participating units. Should an Authority acquire by purchase existing hospital facilities of political subdivisions and pay the reasonable value therefor, nothing in this Act shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repayment of any indebtedness which may be legally incurred by such authority. Tax revenues. (a) When, in accordance with the provisions of this Chapter, any county shall active a hospital Authority for such county and such Authority shall acquire or construct or shall make preparations to acquire or construct a hospital in said county, any municipality in said county shall be authorized to contract with said hospital Authority for the care in said hospital of indigent sick or injured persons who are residents of said municipality either on a per patient per day basis or for a fixed amount of money payable at such time as said contracting parties may agree upon and any such contract may be, at the election of such municipality, binding upon it for a period of not exceeding thirty years. Such contract and the amount to be received by said Hospital Authority therefrom may be pledged by said Hospital Authority as security for the payment of the principal and interest of any bonds or revenue-anticipation certificates which it may issue in order to acquire or construct said hospital. Section 3. That said Act, as heretofore amended, is hereby further amended by adding at the end of Section 12 thereof the following language: In the event that the payments to be made by any city, town, municipality or county, under a contract entered into between such Authority and such subdivision,, are pledged to the security or payment of revenue certificates sought to be validated, such Hospital Authority, as an integral part of such validation proceedings, shall have the right of action, suit, countersuit or equitable bill against such contracting subdivision or subdivisions for a declaratory adjudication of the validity and binding effect of such contract, the actual controversy therein being whether

Page 624

or not such contract is in all respects valid and binding upon such subdivision or subdivisions. Such subdivision or subdivisions shall be made a party or parties to the action, and it shall be incumbet on such subdivision or subdivisions to defend against an adjudication of the validity of such contract or be forever bound. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published by the clerk of the superior court in which such validation proceeding is pending. Any citizen resident in any subdivision which is a party to such contract may intervene in the validation proceedings at or before the time set for the validation hearing by order of the superior court and assert any ground of objection to the validity and binding effect of such contract on his own behalf and on behalf of the subdivision and all citizens, residents and property owners thereof. An adjudication as to the validity of such contract, unexpected to within the time provided for exceptions in the Revenue Certificate Act of 1937, as amended, shall be conclusive and binding upon such subdivision or subdivisions and the residents, citizens and property owners thereof, so that said section, when amended, shall read as follows: Section 12. Certificates of an Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the Authority issuing the same. In the event that the payments to be made by any city, town, municipality or county, under a contract entered into between such Authority and such subdivision, are pledged to the security or payment of revenue certificates sought to be validated, such Hospital Authority, as an integral part of such validation proceedings shall have the right of action, suit, countersuit or equitable bill against such contracting subdivision or subdivisions for a declaratory adjudication of the validity and binding effect of such contract, the actual controversy therein being whether or not such contract is in all respects valid and binding upon such subdivision or subdivisions. Such subdivision or

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subdivisions shall be made a party or parties to the action, and it shall be incumbent on such subdivision or subdivisions to defend against an adjudication of the validity of such contract or be forever bound. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published by the clerk of the superior court in which such validation proceeding is pending. Any citizen resident in any subdivision which is a party to such contract may intervene in the validation proceedings at or before the time set for the validation hearing by order of the superior court and assert any ground of objection to the validity and binding effect of such contract on his own behalf and on behalf of the subdivision and all citizens, residents and property owners thereof. An adjudication as to the validity of such contract, unexcepted to within the time provided for exceptions in the Revenue Certificate Act of 1937, as amended, shall be conclusive and binding upon such subdivision or subdivisions and the residents citizens and property owners thereof. Validation. Section 4. All laws and parts of law which conflict with this Act are hereby repealed. Approved March 9, 1955. COUNTY BOARDS OF EDUCATIONMEETINGS. Code 32-908 Amended. No. 387 (House Bill No. 325). An Act to amend Code Section 32-908 relating to meetings of the county board of education, so as to provide that the county board of education shall hold a monthly meeting; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Section 32-908 relating to meetings of the county board of Education, is hereby amended by striking Section 32-908 in its entirety and in lieu thereof, inserting the following: Code 32-908 amended. Section 32-908. It shall be the duty of the county board of education to hold a regular session between the first and fifteenth of each month at the county seat for the transaction of business pertaining to the public schools, with power to adjourn from time to time, and in absence of the president or secretary, they may appoint one of their own number to serve temporarily. The county board of education shall annually determine the date of the meeting of said board and shall publish same in the official county organ for two consecutive weeks following the setting of said date. Provided further that said date shall not be changed oftener than once in twelve months. Meetings. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. YEAR'S SUPPORT. No. 388 (House Bill No. 109). An Act to provide that the right of a widow to a year's support from the estate of a decedent shall be barred by the remarriage of said widow prior to the setting apart of such year's support, or by the death of said widow after twelve months from the date of the death of said decedent and prior to the filing of the application for such year's support, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. The right of a widow to a year's support

Page 627

from the estate of her deceased husband shall be barred by the death of said widow, or by the subsequent remarriage of said widow, prior to the setting apart of such year's support. Bar by remarriage. Section 2. The right of a widow to a year's support from the estate of a decedent shall be barred by the death of said widow after twelve months from the date of the death of said decedent and prior to the filing of the application for such year's support. By death. Section 3. If any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1955. LOOKOUT JUDICIAL CIRCUITTERMS. No. 389 (House Bill No. 159). An Act to amend an Act approved January 26, 1950 (Ga. Laws 1950, p. 23) entitled An Act to create a new judicial circuit for the State of Georgia, to be called the Lookout Judicial Circuit, and to be composed of the counties of Catoosa, Dade, Chattooga and Walker; to provide a judge and a solicitor-general for said circuit; to fix the terms of courts in said counties of said circuit; to amend Section 24-2501 of the Georgia Code of 1933, which divides the State into 34 judicial circuits, by adding Lookout Judicial Circuit thereto; and for other purposes., as amended by an Act approved February 12, 1952 (Ga. Laws 1952, p. 84), so as to change the terms of the court for Chattooga County

Page 628

from the fourth Mondays to the second Mondays in January, April, July and October; to repeal conflictings laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act approved January 26, 1950 (Ga. Laws 1950, p. 23) entitled An Act to create a new judicial circuit for the State of Georgia, to be called the Lookout Judicial Circuit, and to be composed of the counties of Catoosa, Dade, Chattooga and Walker; to provide a judge and a solicitor-general for said circuit; to fix the terms of courts in said counties of said circuit; to amend Section 24-2501 of the Georgia Code of 1933, which divides the State into 34 judicial circuits, by adding Lookout Judicial Circuit thereto; and for other purposes., as amended by an Act approved February 12, 1952 (Ga. Laws 1952, p. 84) is hereby amended by striking the word fourth from sentence 2 of Section 2 of said Act and inserting in lieu thereof the word second, so that as amended Section 2 shall read: Section 2. The terms of court for said counties shall be regularly held as heretofore provided by law for such counties, and the grand juries of said counties shall also convene as heretofore provided by law for such counties; and whenever in the opinion of the judge of said counties it is expedient or necessary to have a grand jury, he may in his discretion, draw, call and impanel a grand jury for service at any term of court. Provided, however, that the terms of the court for Chattooga County shall be held on the second Mondays in January, April, July and October, instead of at the time heretofore provided, and grand juries for said Chattooga County shall convene at the January and October terms of said court, and there shall be no grand jury convened for the April and July terms of court for said Chattooga County unless, in the opinion of the judge of said court, it is expedient or necessary to have a grand jury at said April and July terms of said court. Provided, further, that the terms of the

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court for Dade County shall be held on the third Mondays in March, June and September and the second Monday in December of each year, instead of as heretofore provided by law, and provided, further that grand juries for said Dade County shall convene at the March and September terms, and there shall be no grand jury convened for the June and December terms of said court for said Dade County, unless in the opinion of the judge, it is expedient or necessary to have a grand jury at said terms. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. VOTING MACHINES IN CERTAIN COUNTIES. No. 390 (House Bill No. 93). An Act to amend an Act entitled An Act to provide for the use of voting machines, approved January 31, 1946, (Ga. Laws 1946, p. 174) adding a new section to provide that the governing authority of such counties shall have the right to rent said machines to any municipality, school district, or county of the State which desires to use said voting machines for holding primary or general elections or referendums and is willing to pay to the county on such machines a reasonable rental not to exceed ten ($10.00) dollars per day for each machine, plus the cost of transportation thereof, if such transportation is furnished by the owner of such machine; 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 entitled An Act to provide for the use of voting machines, approved January 31, 1946, (Ga. Laws 1946, p. 174), be and the same is hereby

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amended by the addition of a new section to be known as Section 28, to read as follows: Section 28. The governing authorities of the counties falling within the classification of this statute are authorized to rent to, and allow the use of voting machines owned by such county by any municipality, school district, or county of this State desiring to use same at any primary, general election, or referendum, which is willing to pay a reasonable rental for such machines, not to exceed ten ($10.00) dollars per day for each machine, plus the cost of transportation thereof if such transportation is furnished by the owner; provided, however, no such county shall permit the use of its machines by any municipality, school district or county as provided herein, unless such municipality, school district or county shall contract for such use and pay the reasonable rental thereon within the limits provided by this statute. Rental to cities, school districts, etc. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1955. MODIFICATION OF PERMANENT ALIMONY JUDGMENTS. No. 391 (House Bill No. 331). An Act to authorize the judgement of a court providing permanent alimony for the support of a wife, or child or children, or both, to be revised, upon petition by wife or husband alleging change in husband's income and financial status; to provide that the merits of whether alimony is entitled is not in issue; to provide that such application is restricted to judgments ordering periodic payments; to provide that when husband brings the application for revision wife is entitled to

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expenses of litigation she incurred; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Revision. Section 1. The judgment of a court providing permanent alimony for the support of a wife or child or children, or both, shall be subject to revision upon petition filed by either the husband or the wife showing a change in the income and financial status of the husband. Such petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. Such petition shall be filed in the same county in which the original judgment was granted. No petition may be filed under this Act within a period of two years from the date of the filing of a previous petition under this Act. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, may modify and revise the previous judgment so as to provide for the wife or child or children, or both, in accordance with the changed income and financial status of the husband, if such a change in the income and financial status of the husband is satisfactorily proved, so as to warrant such modification and revision. In the hearing upon a petition filed as provided herein, testimony may be given and evidence introduced relative to the income and financial status of the wife. Revision. Petition. Section 2. Upon such an application, as hereinbefore authorized, the merits of whether the wife, or child or children, or both are entitled in alimony and support are not in issue, but only whether there has been such a substantial change in the income and financial status of the husband as to warrant either a downward or upward revision and modification of the permanent alimony judgment. Issue. Section 3. Such an application, as hereinbefore authorized, can be filed only where the husband has been ordered by the final judgment in an alimony, or divorce and alimony suit, to pay permanent alimony in weekly, monthly, annual or similar periodic payments, and not

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where the wife, or child or children, or both have been given an award from the corpus of the husband's estate in lieu of such periodic payment. Circumstances authorizing filing. Section 4. Where such an application, as hereinbefore authorized, if filed by the husband, the court may require the husband to pay reasonable expenses of litigation as may be incurred by the wife, either for herself or the child or children, or both, in defense thereof. Expenses. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. BAR EXAMINATIONSRESIDENCE REQUIREMENTS. No. 392 (House Bill No. 490). An Act to provide for a period of residence of twelve months prior to taking the examination for admission to the Bar of Georgia, upon presenting a certain certificate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the approval of this Act: Section 1. Notwithstanding any other statute or rule of law, the requirements as to residence of an applicant for admission to the Bar by examination shall be satisfied if the applicant shall file, with his application for admission, a certificate of a member of the Bar of the Supreme Court of Georgia reading in substance as follows: I do hereby certify that I am a member of the Bar of the Supreme Court of Georgia in good standing; that I know the above applicant personally; that I know of my personal knowledge that said applicant has been

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a bona fide resident of the State of Georgia during a period of at least 9 consecutive months immediately preceding this date; and that I verily believe that said applicant intends to and will continue such residence continuously hereafter until the date set for giving the next Bar examination in the State of Georgia. Section 2. It is the intent of this Act that an applicant filing such a certificate shall in fact be a resident of the State of Georgia during a period of at least 12 months prior to taking the bar examination. If satisfactory evidence shall be presented to the court having jurisdiction or to the examiners, prior to the date such examination is given, that such applicant has not in fact been a bona fide resident of the State of Georgia during a period of at least 12 months before the date such examination is given, then the applicant shall not be permitted to take the examination. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1955. LIVESTOCK RUNNING AT LARGEACT AMENDED. No. 394 (House Bill No. 392). An Act to amend an Act relative to keeping livestock from running at large or straying, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 380), as amended, by an Act approved December 22, 1953 (Ga. Laws 1953; Nov.-Dec. Sess., p. 395), so as to make the Act and all amendments applicable to every county in the State; to provide an effective date; to repeal provisions relative to certain exceptions; to repeal provisions relative to elections; to provide for exceptions; to prescribe the procedure connected with the foregoing;

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to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relative to keeping livestock from running at large or straying, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 380), as amended by an Act approved December 22, 1953, Nov.-Dec. Sess., p. 395, is hereby amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1, to read as follows: Sec. 1 amended. Section 1. There is hereby found and declared a necessity for a state-wide livestock law embracing all public roads in the State of Georgia and all other property, and it is hereby found and declared that it is necessary that the aplication of such law be uniform throughout the State. Declaration of necessity. Section 2. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows: Sec. 13 amended. Section 13. This Act and all amendments thereto shall apply to every county in this State and any local law or special law, or general law of local application, or any other general law, under which any county in this State has been operating, is hereby repealed and the provisions of this Act and all amendments thereto shall apply with equal force and effect in and to each county of this State. Applicable to all counties. Section 3. Said Act is further amended by striking in its entirety Section 15 and inserting in lieu thereof a new Section 15, to read as follows: Sec. 15 amended. Section 15. The provisions of this Act and all amendments thereto which have been enacted prior to October 1, 1955, shall become effective in every county of this State on October 1, 1955, unless any county has by grand

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jury action already come under the provisions of the Act. Effective when. Section 4. Said Act is further amended by striking Section 16, which reads as follows: Section 16. All lands embraced by Camp Stewart shall be exempt from provisions of this Act. in its entirety. Sec. 16 repealed. Section 5. Said Act is further amended by striking Section 17, which reads as follows: Section 17. Provided, however, that the Governor of Georgia may postpone or extend the effective date of this Act if he determines that because of national emergency fence wire is not satisfactorily available. in its entirety. Sec. 17 repealed. Section 6. Said Act is further amended by striking Section 18, which provided the procedure for an election by which certain counties would come under the Act, in its entirety. Sec. 18 repealed. Section 7. Said Act is further amended by striking Section 11 of the aforesaid amendatory Act, approved December 22, 1953, which reads as follows: 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 originally. in its entirety. Sec. 11 repealed.

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Section 7-A. The effective date of this Act shall be January 1, 1956. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. DEALERS IN GUN SHELLSTAX. No. 395 (House Bill No. 499). An Act to amend an Act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, so as to remove the provisions relating to the tax upon dealers in gun shells; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, is hereby amended by striking from Subparagraph (a) of Paragraph 85 of Section 2 the words and gun shells, and the proviso at the end thereof, Provided, that as to the sale of gun shells solely, the tax on persons, firms, or corporations in towns of 3,500 or under the tax shall be $1.00., so that Paragraph 85 when so amended shall read as follows: Paragraph 85. Pistols. Upon each and every dealer in pistols, or who deals in pistol cartridges or rifle cartridges, dirks, bowie-knives, or metal knucks, for each place of business in this State, in or near towns or cities of 2,500 population or less, $15.00; in or near cities of over 2,500 population, and less than 10,000, $25.00; in or near cities of 10,000 population or less than 50,000, $50.00; in or near cities of 50,000 and above population, $100.00. Pistols, cartridges, etc.

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Provided further that no person shall be exempted from payment of this tax. Provided further that the word `near' as used in this section or paragraph shall be and is defined to mean within a radius of three miles of the incorporated limits of said town or city referred to in this section. (a) Upon each and every dealer in rifles and rifle cartridges, for each place of business in this State in cities of over 200,000 inhabitants, $20.00; in cities from 75,000 to 200,000, $15.00; in cities from 40,000 to 75,000, $10.00; in towns and cities under 40,000, $5.00; provided, that any dealer located within a radius of three miles of the incorporated limits of any of said towns or cities shall take the same rate of taxation as the town or city located nearest said dealer. Rifles and cartridges. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. PROBATION SENTENCESREVOCATION AND MODIFICATION. Code 27-2705 Amended. No. 396 (House Bill No. 117). An Act to amend Code Section 27-2705, relating to delinquent probationers; revocation of order of court; so as to provide that the court may modify, or revoke and modify the original sentence after due examination by the court; provided that the original sentence may not be increased; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 27-2705, relating to delinquent

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probationers; revocation of order of court, is hereby amended by inserting the words or modify or revoke and modify after the word revoke and by inserting the words provided that the original sentence may not be increased after the word detention so that Code Section 27-2705, as amended, shall read: Code 27-2705 amended. Every person placed on probation under the provisions of this law shall, during the term of his release without the confines of the public works camp, jail or other place of detention, observe all rules prescribed for his conduct by the court, report to the probation officer as directed, and maintain a correct life. In case of failure to meet any of these requirements, and at any time prior to the final disposition of the case of any probationer in the custody of a probation officer, the officer may bring him without warrant before the court or the court may issue a warrant directing that he be arrested and brought before it. When such person is brought before the court, the court after due examination may revoke or modify or revoke and modify its leave to the probationer to serve his sentence outside the confines of the public works camp, jail or other place of detention; provided that the original sentence may not be increased. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. YEAR'S SUPPORT. No. 397 (House Bill No. 112). An Act to provide that the right of a minor to a year's support shall be barred by the marriage or death, or arrival of age of said minor prior to the filing of the application for such year's support, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same: Section 1. The right of a minor to a year's support from the estate of a deceased parent shall be barred by the death of said minor, or by said minor's attaining the age of 21 years, prior to the filing of the application for such year's support. Minor's right barred, when. Section 2. If any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1955. AUTOMOBILE LICENSE TAGSTAX AFFIDAVITS WITH APPLICATION. No. 398 (House Bill No. 170). An Act to provide that all persons seeking to obtain license tags for vehicles, as defined herein, shall first present affidavit as a part of such application, showing payment of all ad valorem taxes on such vehicles owing to the State and any city, county or school district thereof, for the previous year; to provide that applicants who were not the owners of such vehicles, but who did own other vehicles on January 1 of the previous year shall first present affidavit showing payment of all taxes due thereon for the previous year; to provide that the State Revenue Commissioner shall prescribe and furnish blank forms for such affidavit which shall be part of the application for license tags; to provide that persons who were not residents of this State during the previous year, and who did

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not obtain and were not under legal obligation to have obtained license tags for vehicles operated within this State during such previous year shall make affidavits to such effect in lieu of presenting the foregoing; to provide that copies of applications for licenses shall be sent by the State Revenue Commission to the various counties and municipalities; to provide that persons and corporations who file annual tax returns with the State Revenue Commissioner shall, in lieu of the foregoing, present affidavit to the State Revenue Commissioner showing payment of all taxes due during the previous year; to provide that persons and corporations who are required to make application to the Georgia Public Service Commission for registration of motor vehicles, shall, prior to obtaining tags therefor, present an affidavit that the tax lawfully required for the preceding year on such vehicles has been paid; to provide that the tax collector or commissioner of any county shall accept payment of taxes on a single vehicle separately when the tax payer elects to tender same in such manner; to provide that the making of any false affidavit under this Act shall constitute a felony; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purpose of this Act, the word vehicle shall mean any motor vehicle or other means of transportation or conveyance required to be registered and a license tag obtained therefor, prior to operation in this State. Vehicle. Section 2. The State Revenue Commissioner or other officer who now or who may hereafter be charged with the responsibility of selling and delivering license tags for motor vehicles, shall require the applicant when applying for any such license tag to present affidavit or affidavits, as a part of said application, showing payment of all ad valorem taxes due the State and any city, county or school district thereof for the previous year, on such vehicles for which an application for license tag

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is made. Separate affidavits shall be given for each vehicle upon which taxes are paid. Affidavits to accompany application. Section 3. In the event the applicant was not the owner of the vehicle for which an application is made for a license tag but was the owner of another vehicle on January 1 of the previous year, then such applicant shall present affidavit showing payment of all ad valorem taxes due the State and any city, county or school district thereof, on the motor vehicle owned by him, if any, on January 1 of the previous year. If such applicant was not the owner of the vehicle on January 1 of the year preceding the year for which license is sought, he shall by affidavit show from whom and when such vehicle was obtained or purchased. Section 4. The State Revenue Commissioner shall prescribe the form of the affidavits hereinbefore or hereinafter required, and such affidavits shall be a part of the application for license tag. The State Revenue Commissioner shall furnish in sufficient quantity the forms required by this Act to every officer now or hereafter charged with the responsibility of selling and delivering license tags for motor vehicles in this State. Forms. Section 5. No affidavit showing payment of taxes shall be required of any applicant who makes affidavit on a form provided by the State Revenue Commissioner affirming that said applicant was not a resident of the State of Georgia on January first of the preceding year, and that such applicant did not obtain and was not under legal obligation to have obtained, license plates for any vehicle operated in this State on such date. Persons, nonresident previous year. Section 6. Applications for registration, including the affidavits hereinbefore referred to, shall be made in triplicate, and upon receipt thereof, the State Revenue Commissioner or other officer who now or hereafter may be charged with the responsibility of selling and delivering license tags for motor vehicles shall send one copy to the county commissioners or ordinaries of the counties as provided in Section 68-105, and one copy to

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the proper taxing authority of the respective municipal corporations (if any) wherein the owners of such vehicles reside. Disposition of copies of application. Section 6a. Applications for registration, including the affidavits hereinbefore referred to covering all license tags that will be purchased at the State Capitol shall be handled in the same manner as provided in Section 6. Section 7. In lieu of presenting the affidavits as hereinbefore provided, all persons, firms and corporations who are required to file annual property tax returns with the State Revenue Commissioner shall include in such property tax return to the State Revenue Commissioner a list of all vehicles used or domiciled in this State on January 1st of that year and shall, prior to obtaining license tags for such vehicles for the following year file with the State Revenue Commissioner an affidavit that all taxes for the preceding year on such vehicles have been paid, and said Commissioner shall issue to each such corporation a certificate for the purchase of motor vehicle license tags for the current year. In lieu of presenting the affidavits as hereinbefore provided, all persons, firms or corporations who are required to make application to the Georgia Public Service Commission for registration of motor vehicles, shall, prior to obtaining license tags for such vehicles for the following year, present an affidavit that the tax lawfully required for the preceding year on such vehicles has been paid. Lists in lieu of affidavits. Section 7a. The tax collector or commissioner of any county shall accept payment of taxes on a single vehicle separately when the tax payer elects to tender same in such manner. Section 7b. Provided that nothing herein shall prevent authorized automobile dealers from obtaining dealer tags in the manner now or hereinafter provided by law. Dealer tags. Section 8. Any person, firm, or corporation who

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knowingly makes any false affidavit or affirmation as to any matter or things required by this Act, or who forges or causes to be forged, any such affidavit as required herein, shall be guilty of a felony, and upon conviction thereof, shall be subject to fine not to exceed one thousand dollars ($1,000.00), or imprisonment in the penitentiary not less than one nor more than five years, or both. Violations. Section 9. This Act shall become effective immediately after its approval, but no affidavits, as provided by this Act, shall be required to be presented until applications are made for the 1956 license tags. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. SUPERVISOR OF PURCHASES. Code 40-1901 Amended. No. 401 (House Bill No. 461). An Act to amend Section 40-1901 of the Code of Georgia, as amended, relating to the establishment of the office of Supervisor of Purchases, so as to provide that the Supervisor shall be ineligible for certain elective offices; to provide for an exception; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 40-1901 of the Code of Georgia, as amended, relating to the establishment of the office of Supervisor of Purchases, is hereby amended by adding at the end thereof the following: No person who serves

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as Supervisor of Purchases shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any State or Federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Supervisor and for a period of twelve months after the date he ceases to serve as Supervisor: Provided, however, nothing contained herein shall prevent the Supervisor from being appointed to any such office, nor disqualify such Supervisor to run in any such election to succeed himself in any office to which he might have been appointed, nor to hold such office in the event he is elected thereto and qualifies under the requirements of law. so that when so amended, Section 40-1901 shall read as follows: Code 40-901 amended. 40-1901. There is hereby established as a separate and distinct agency of the State of Georgia the office of Supervisor of Purchases. The Supervisor of Purchases shall be appointed by the Governor and confirmed by the Senate to serve for a term of four years, at a salary of $7,500.00 per annum, payable monthly. Before entering upon the duties of his office, the Supervisor of Purchases shall give a good and sufficient surety bond in the amount of $15,000, to be approved by the Governor and payable to the Governor and his successors in office. No person who serves as Supervisor of Purchases shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any State or Federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Supervisor and for a period of twelve months after the date he ceases to serve as Supervisor: Provided, however, nothing contained herein shall prevent the Supervisor from being appointed to any such office, nor disqualify such Supervisor to run in any such election to succeed himself in any office to which he might have been appointed, nor to hold such office in the event he is elected thereto and qualifies under the requirements of law. Restrictions as to candidacy, etc.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. ORDINARIES' RETIREMENT SYSTEM AMENDED. No. 402 (House Bill No. 280). An Act to amend an Act which provided for retirement benefits for the ordinaries of Georgia, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 362), so as to provide that the provisions of Section 8 shall apply to every county in the State; to include service as clerk of the ordinary; to clarify the provisions relative to the termination of official duties and refunding of monies paid into the fund; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which provided for retirement benefits for the ordinaries of Georgia, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 362), is hereby amended by striking from Section 8 the words in which said ordinary has elected to come under the provisions of this Act, so that when so amended Section 8 shall read as follows: Sec. 8 amended. Section 8. The sum of one dollar for each marriage license sold in each county of this State 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

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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 the authority to declare such ordinary ineligible for participation in the retirement fund created herein. 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. Money from marriage licenses. Section 2. Said Act is further amended by adding between the words service and as in line eight of Section 9 the words as clerk of ordinary and, so that when so amended Section 9 shall read as follows: Sec. 9 amended. Section 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 services may include service as clerk of ordinary and 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. Service requirements. Section 3. Said Act is further amended by adding at the end of the second sentence of Section 10 the words either by resignation during a term, by failure to offer for re-election or by defeat for re-election, so that when so amended Section 10 shall read as follows: Sec. 10 amended. Section 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

Page 647

as such ordinary based upon his last four years of service 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 either by resignation during a term, by failure to offer for re-election or by defeat for re-election. 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. Amount of pension. Section 4. Said Act is further amended by striking in its entirety Section 11 and inserting in lieu thereof a new Section 11, to read as follows: Sec. 11 amended. Section 11. If for any reason any ordinary who has paid money into the fund should desire to withdraw the amount which he has paid into said fund, he shall be allowed to do so upon application therefor to the board and he shall be refunded the entire amount which he has paid into the fund. In the event any ordinary who has paid money into the fund dies prior to receiving any retirement benefits from the fund, his estate shall be paid the entire amount which he has paid into the fund. In the event any ordinary who has begun to receive retirement benefits from the fund dies before he has been paid retirement benefits in an amount equal to the money which he has paid into the fund, his estate shall be paid an amount which shall be equal to the difference between the amount he had received as retirement benefits and the amount which he has paid into the fund. The money provided for in this section means the percentage of the money received by the ordinary for his official services as ordinary which he has paid into the fund. Withdrawal from system.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. MOTOR VEHICLESOPERATION WITHOUT OWNER'S PERMISSION. No. 404 (House Bill No. 395). An Act to make it a criminal offense for any person to take, use or operate an automobile, motorcycle or other self-propelled motor vehicle without the permission of the owner thereof; to provide penalties for violation of this Act; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. Any person who shall take, use or operate an automobile, motorcycle, or other self-propelled motor vehicle without the permission of the owner thereof shall be punished as for a misdemeanor. Misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. STATE HIGHWAY BOARD. No. 405 (House Bill No. 462). An Act to amend an Act creating the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended by an Act approved February 5,

Page 649

1951 (Ga. Laws 1951, p. 31), so as to provide that all the members of the State Highway Board shall be ineligible for certain elective offices; to provide for an exception; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), is hereby amended by adding a new section, to be known as Section 4-A, to read as follows: Section 4-A. No person who serves as a member of the State Highway Board shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any State or Federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as a member, and for a period of twelve months after the date he ceases to serve as a member: Provided, however, nothing contained herein shall prevent a member from being appointed to any such office nor disqualify such member to run in any such election to succeed himself in any office to which he might be appointed, nor to hold such office in the event he is elected thereto and qualifies under the requirements of law. Restrictions on members. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955.

Page 650

NON-RESIDENT MOTORISTSVENUE OF ACTIONS. No. 407 (Senate Bill No. 9). An Act to amend an Act providing for actions against non-residents operating motor vehicles in this State, approved March 30, 1937 (Ga. Laws 1937, p. 732) as amended by an act approved March 27, 1947 (Ga. Laws 1947, p. 305) by amending Section 3 thereof, as amended (Code Ann. Supp., 68-803, relating to jurisdiction and venue, so as to authorize the bringing of joint actions in the county of a resident defendant's residence, and joining therein the non-resident defendant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for actions against non-residents operating motor vehicles in this State, approved March 30, 1937 (Ga. Laws 1937, p. 732), as amended by an act approved March 27, 1947 (Ga. Laws 1947, p. 305) is hereby amended by adding to Section 3 of said act, as amended, relating to jurisdiction and venue, the following: Where action for damages is brought against a resident of this state, any non-resident involved in the same accident or collision and who is suable under the provisions of this Act may be joined as a defendant in the county wherein the resident defendant is suable, so that said section, when so amended, shall read as follows: Section 3. All suits or causes of action brought under the Acts approved March 30, 1937, and appearing in Georgia Laws of 1937 on pages 732-734, relating to the use of the highways of this State by non-resident motorists shall be brought in the county in which the accident, injury, or cause of action originated, or in the county of the residence of the plaintiff therein, as the plaintiff in such suit may elect, if the plaintiff in such suit is a resident of the State of Georgia; and if the

Page 651

plaintiff in such suit is a non-resident of the State of Georgia, then in that event, such suit shall be brought in the county in this State in which the accident or injury occurred or the cause of action originated; and the courts in said counties having jurisdiction of tort actions shall have jurisdiction of all such non-resident users in actions arising under this Act. Where action for damages is brought against a resident of this State, any non-resident involved in the same accident or collision and who is suable under the provisions of this Act may be joined as a defendant in the county wherein the resident defendant is suable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. CONDEMNATIONASSESSORS' COSTS. Code 36-605 Amended. No. 408 (House Bill No. 104). An Act to amend Section 36-605 of the Code of Georgia of 1933, relating to the entry of notice and award and payment to assessors of costs in condemnation proceedings, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1404), so as to provide that the corporation or person condemning shall pay to each assessor $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses, the judge of the superior court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Section 36-605 of the Code of Georgia of 1933, relating to the entry of notice and award, and the payment to assessors of costs in condemnation proceedings, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1404), is hereby amended by striking the following words: the costs for the condemnation proceedings to each assessor not exceeding $2.00 per day, and inserting in lieu thereof the following: to each assessor $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses, the judge of the superior court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case, so that when so amended Section 36-605 shall read as follows: Code 36-605 amened. Section 36-605. Notice and award to be entered on minutes.In all cases the clerk shall enter the notice and award thereon upon the minutes of the court, and the corporation or person condemning shall pay to each assessor $10.00 for each day or any fraction thereof, provided that upon showing of extraordinary services or expenses the judge of the superior court may award costs in excess of the above amount for each day or fraction thereof devoted by each assessor to any case, and other cost as now provided by law in civil cases in the superior court: Provided, however, that in any cases in which any county of this State having a population of 300,000 or more, according to the present or any future United States census, condemn property lying within the limits of such county, said county so condemning shall pay to each assessor such costs as shall be fixed in said case by the judge of the superior court, not to exceed $25 for each day or fraction thereof devoted by such assessor to the case. Section 2. The State of Georgia, its political subdivisions, shall be exempt from the provisions of this bill, except as otherwise herein provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955.

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WITNESS FEES. Code 38-1501 Amended. No. 409 (House Bill No. 401.) An Act to amend Section 38-1501 of the Code of Georgia, pertaining to the attendance of witnesses and the fees therefor, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this State or attending any grand jury, in certain counties and in certain cases; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 38-1501 of the Code of Georgia, pertaining to the attendance of witnesses and the fees therefor, is hereby amended by adding at the end thereof the following: Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of not less than 110,000 or more than 135,000 according to the United States census of 1950 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $3 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor-general or the solicitor of the court attended, and the sheriff or chief of police shall certify that the claimant has been paid no additional compensation or given any

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time off on account of such service, and the amount due shall be paid out of county funds: Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day., so that when so amended Section 38-1501 shall read as follows: Code 38-1501 amended. 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, 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: Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as a witness in behalf of the State during any hours except the regular

Page 655

duty hours to which said officer is assigned, shall be paid the sum of $2 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor-general or the solicitor of the court attended, and the amount due shall be paid out of county funds: Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day. Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a populatino of not less than 110,000 or more than 135,000 according to the United States census of 1950 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $3 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor-general or the solicitor of the court attended and the sheriff or chief of police shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid out of county funds: Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring

Page 656

him to appear in such court or before the grand jury on any one day. Witness fee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. REVENUE COMMISSIONER. No. 410 (House Bill No. 460). An Act to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. Laws 1937-38, Extra Session, p. 77), as amended, so as to provide that the State Revenue Commissioner shall be ineligible for certain elective offices; to provide for an exeception; to prescribe the procedure connected with the foregoing; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. Laws 1937-38, Extra Session, p. 77), as amended, is hereby amended by adding a new section, to be known as Section 2A, to read as follows: Section 2A. No person who serves as Commissioner of Revenue shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any State or Federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Commissioner, and for a period of twelve months after the date he ceases to serve as Commissioner; Provided, however, nothing herein contained shall prevent the Commissioner from being appointed to any such office nor disqualify such

Page 657

Commissioner to run in any such election to succeed himself in any office to which he might have been appointed, nor to hold such office in the event he is elected thereto and qualifies under the requirements of law. Restrictions. Section 2. An Act entitled An Act to prevent the office of Commissioner of Revenue, of the State of Georgia, of being used for political purposes; and for other purposes., approved January 31, 1949 (Ga. Laws 1949, p. 22), is hereby amended by striking Section 2, which reads as follows: Section 2. From and after the passage of this Act, no person holding the office of Commissioner of Revenue, of the State of Georgia, shall be eligible to run for any elective office during the term of office or during a period of twelve months after the expiration of his term of office. in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. MANUFACTURE OF MALT BEVERAGES LICENSE. No. 411 (House Bill No. 551). An Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed; and for other purposes. Preamble. Whereas, it is desirable to encourage the creation and location in this State of establishments for the

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manufacture of products for sale and consumption, both within and without the State; and Whereas, a manufacturer licensed by this State to produce, sell, distribute malt beverages will be required to make substantial investments in lands, special purpose buildings, and machinery, and differing from a licensee in this State for the sale and distribution of malt beverages only within this State, will anticipate the sale and distribution of its products both within and beyond the limits of the State and in interstate commerce, and such licensed manufacturer, therefore, requires reasonable assurance that, having made such investments and undertaken such operations, it will be able to preserve the continuity thereof: Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, notwithstanding the provisions of any other law or parts of law, no license which has been issued, or which may hereafter be issued by the State, or any other duly authorized licensing authority, to any person, firm, or corporation, for the manufacture of malt beverages, shall be revoked except for due cause as hereinafter defined, and after hearing had upon written notice to the holder of such license of the time, place, and purpose of such hearing and a statement of the charges upon which such hearing shall be held. Due cause for the revocation of a manufacturer's license shall consist only of violation of the laws regulating the manufacture of malt beverages and of reasonable regulations made pursuant to authority lawfully granted for the purpose of regulating the manufacture of malt beverages. Revocation. Section 2. For the purpose of this Act, a license to manufacture malt beverages shall include the right to sell the product of such manufacturer for re-sale, both within and without the limits of this State, provided, however, that the right to sell such manufactured product

Page 659

to duly licensed wholesalers or retailers for re-sale within this State may be revoked separately from the right to manufacture and sell the product of such manufacture for re-sale outside of this State, and the revocation of such license to sell for re-sale within this State by the State, or any other duly authorized licensing authority, shall not, in any way, interfere with or otherwise affect or impair the license to manufacture and sell the product of such manufacture for re-sale beyond the limits of this State. Scope of license. Section 3. Every unrevoked license authorizing the manufacture of malt beverages, whether issued by the State of Georgia, or any other duly authorized licensing authority, shall be renewable to the holder thereof as of right upon the payment of fees and taxes lawfully assessed and fixed for the issuance of licenses of that kind and character. Renewal. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. MOTOR VEHICLE LICENSE PLATES ISSUANCE IN COUNTIES. No. 412 (House Bill No. 2). An Act to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; to provide for exceptions; to grant discretions as to the method of printing the name of the State on license tags; to constitute such tax collectors or tax commissioners the agents of the State Revenue Commissioner for such purpose and provide for their compensation; to provide for the administration of this Act, for the execution of bond by the tax collectors or tax commissioners; and for other purposes. To be enacted by the General Assembly of Georgia:

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Section 1. That the tax collectors of the various counties of this State, and the tax commissioners of the counties of the State in which the duties of the tax collector are performed by a tax commissioner, are hereby made agents of the State Revenue Commissioner for the purposes of accepting applications for the registration of motor vehicles under Chapter 68-2 of the Code of Georgia of 1933, as amended, except as provided in Sections 6 and 6-A of this Act, and issuing motor vehicle license plates as required by that Chapter. Upon failure or refusal of any tax collector or commissioner of any county to accept said designation and/or perform the objects of this Act, the Revenue Commissioner is authorized and directed to designate another county official of such county as such agent which agent shall be subject to all of the provisions and conditions of this Act. Agents in counties. Section 2. The State Revenue Commissioner shall furnish to each such agent such number of motor vehicle license plates as he may deem necessary for issuance by such agent, together with such blank forms and other supplies as are necessary to enable such agent to perform the duties required of him by this Act. The State Revenue Commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Act. Plates and forms. Section 3. Any applicant to register a motor vehicle may apply to such agent and upon payment of the license fee required by law such agent shall accept the application of such applicant and issue to him the appropriate license plate. The agent shall transmit to the State Revenue Commissioner, under such regulations as the Commissioner may prescribe, the application forms received by him, together with the license fees, collected from the applicant, less the amount of twenty-five (25) cents for each application, which amount shall be retained by the agent as compensation for his services under this Act. If such agent shall be a salaried employee of the county and at a salary in excess of five thousand ($5,000.00) per year the amount so collected shall go into the general treasury of the county, and in such cases it shall be the

Page 661

duty of the governing authorities of the county to furnish to said agent such additional clerical help necessary to carry out the provisions of this Act. Applications and fees. Section 4. Each such agent shall give bond, conditioned as the regulations may require and in such amount as the State Revenue Commissioner may deem necessary and proper, not exceeding $25,000, to adequately protect the State. Such bond shall be executed by a surety company licensed to do business in Georgia, as surety, and the premium shall be paid by the State Revenue Department. The bond shall run to the Governor of Georgia and his successors in office and shall be approved as to form and sufficiency by the State Revenue Commissioner. Agents' bond. Section 5. Each agent shall, at least once every thirty days and at such more frequent intervals as the State Revenue Commissioner may direct, remit to the Commissioner all motor vehicle license fees collected by him and make such reports as the Commissioner may require. Remittance of fees. Section 6. All license tags for trucks with a manufacturer's rated capacity of more than 2 tons and trailers exceeding 3,000 lbs. empty weight shall be purchased at the State Capitol as now required by law. Truck licenses. Section 6-A. All special designated license tags as authorized by the General Assembly shall continue to be purchased at the State Capitol as now required by law. Section 7. This Act shall not apply to chauffeurs' licenses. Section 7-C. Section 68-214 of the Code of Georgia of 1933, relating to license plates and their description, as amended, particularly by an Act approved December 22, 1953, (Ga. Laws 1953, Nov.-Dec. Sess., p. 343), is hereby amended by adding in the third sentence, after the word and and before the word abbreviation the

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words either the full name or the, so that said third sentence of Section 68-214 shall read as follows: Code 68-214 amended. Number plates shall be of metal at least six inches wide and not less than twelve inches in length, and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State, and such other descriptive 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 are issued. Number plates. Section 8. The Commissioner of Revenue shall maintain at the State Capitol a permanent record of the sale of all license tags by number, name and address of purchaser, date of purchase, make of vehicle, county in which license tag was sold, and such other information as the Commissioner of Revenue may desire for the information of law enforcement officers and other citizens. Records. Section 9. The effective date of this Act shall be January 1, 1956, or with the application for 1956 tags whichever is earlier. Section 10. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. DRIVERS' LICENSESEXPIRATION AND RENEWAL. No. 413 (House Bill No. 223). An Act to amend an Act creating a Department of Public Safety for the State of Georgia, known as the Public Safety Department Act, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 157) so as to provide that all drivers' licenses issued

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after effective date of this Act shall expire five (5) years from date of issue; to provide an expiration date for license issued prior to the effective date of this Act; to provide for the examination or re-examination of all applicants for new or renewal license before issuance of a new or renewal license; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety for the State of Georgia and known as the Public Safety Department Act approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended particularly by an Act approved February 19, 1951 (Ga. Laws 1951, pp. 157, 172), is hereby amended by striking Section 5 of Article IV in its entirety and inserting in lieu thereof the following: Section 5. All licenses issued after the effective date of this Act shall expire five (5) years from the date the license is issued. All licenses issued prior to the effective date of this Act shall expire March 31, 1960. No new or renewal drivers' license shall be issued until the person applying for a new or renewal license shall have taken a complete examination, or re-examination as the case may be. Provided, however, that nothing contained herein shall prevent the revocation of any such license now in force or hereafter issued for any legal reason as now or hereafter provided by law. Section 2. This Act shall become effective April 1, 1955. Approved March 9, 1955.

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DIRECTOR OF VETERANS SERVICE. No. 414 (House Bill No. 463). An Act to amend an Act creating the State Department of Veterans Service, approved March 8, 1945 (Ga. Laws 1945, p. 319); to provide for service by the director; to provide that the director shall be ineligible for certain elective offices; to provide for an exception; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Department of Veterans Service, approved March 8, 1945 (Ga. Laws 1945, p. 319), is hereby amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4, to read as follows: Section 4. The State Board of Veterans Service shall recommend to the director matters of policy, procedure and work projects. It shall be the duty of the director to effectuate and carry out the laws of the State pertaining to veterans, and likewise to perform the duties required of him by law and by regulation of the board. The board shall select a director of veterans' service, who shall serve for a term of four years and who shall be chief executive and administrative official of the department and the board. The board may, however, at any time for good and sufficient cause, properly shown, dispense with the services of the director after notice has been given to the director and a hearing had before the board, at which hearing the director shall be heard in person, by counsel, or both. No person who serves as director shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any State or Federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as director and for a period of

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twelve months after the date he ceases to serve as director. Provided, however, nothing contained herein shall prevent the director from being appointed to any such office nor disqualify such director to run in any such elections to succeed himself in any office to which he might have been appointed nor to hold such office in the event he is elected thereto and qualifies under the requirements of law. Restrictions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. CHATHAM COUNTYSTREETS, SIDEWALKS, ETC. Proposed Amendment to the Constitution. No. 58 (House Resolution No. 70-266a). A Resolution. To propose an amendment to Article VII, Section IV, Paragraph II, of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the county located outside the corporate limits of any municipality where the lots have been subdivided with frontages of 150 feet or less and to assess the cost thereof pro rata against the property owners, provided the owners of 51% of the property abutting such improvements shall consent thereto, and to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1. Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 is hereby amended by adding thereto the following: The General Assembly of Georgia may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the county located outside the corporate limits of any municipality where the lots have been subdivided with frontages of 150 feet or less, and to assess the costs thereof prorata against the abutting property owners, provided the owners of 51% of the property abutting such improvements shall consent thereto, and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property. 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of Chatham County to make street improvements in subdivisions and assess the cost with approval of the owners of 51% of the property affected. Against the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of Chatham County to make

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street improvements in subdivisions and assess the cost with approval of the owners of 51% of the property affected. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Approved March 7, 1955. SOUTHERN REGIONAL EDUCATION COMPACT DELAWARE AND WEST VIRGINIA AS MEMBERS. No. 60 (House Resolution No. 154). A Resolution. Whereas, by action of the legislature and approval of the Governor, the State of Georgia became party to the Southern Regional Education Compact with the States of Alabama, Arkansas, Florida, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Virginia on January 26th, 1949; and Whereas, the States of Delaware and West Virginia

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have indicated their interest in becoming party to the said compact, Be it resolved by the General Assembly of Georgia: Section 1. That the admission of the States of Delaware and West Virginia be approved and that the States of Delaware and/or West Virginia become party to the compact upon approval of their respective legislatures and their respective Governors and upon approval of their admission by the other States party to the compact. Section 2. That upon approval of this resolution the Governor sign an engrossed copy of this resolution for submission to the Southern Regional Education Board. Section 3. This Resolution shall take effect upon its approval by the Governor. Approved March 7, 1955. McDUFFIE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 62 (House Resolution No. 66-235c). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of McDuffie County by the people; to provide that the board elect the county school superintendent; to prescribe the procedure connected with the foregoing; 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: 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: The Board of Education of McDuffie County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing the members, McDuffie County is hereby divided into two education districts. Education District number one shall be composed of Militia District number 133 (Dearing). Education District number two shall be composed of Militia District number 152 (Mount Auburn), Militia District number 132 (Republican), Militia District number 134 (Thomson) and Militia District number 274 (Wrightsboro). Two members of the board shall be elected from Education District number one and three members of the board shall be elected from Education District number two. The members of the board shall be elected only by the voters of the district which the member is to represent. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers. No person who resides in any part of McDuffie County embraced within the territory of an independent school system shall be eligible for election as a member of the board, nor may any such person be eligible to vote in the election to elect members of the board. In order to be eligible for membership on the board, a person must be at least 25 years of age; must be qualified and registered to vote for members of the General Assembly and must have lived in McDuffie County for the two years immediately preceding the date of the election. In the event this amendment is ratified, it shall be the duty of the Ordinary of McDuffie County to issue the call for an election, and he shall set the date for such election for a day between the fifteenth and twentieth days of December 1956. Such election shall be for the purpose of electing the members of the Board of Education

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of McDuffie County created under this amendment, and it shall be the duty of the ordinary to publish the date of the election, the purposes thereof, and a brief description of the voting procedure by districts, at least once preceding the date thereof in the official organ of McDuffie County. All the members elected at such election shall take office January 1, 1957. Such members and all future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held on the second Tuesday in November and the persons elected will take office the following January 1. In case of a vacancy on said board for any cause, other than expiration of a term of office, the remaining members of the board shall elect a person who shall serve for the unexpired term. The Board of Education of McDuffie County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1956, and the terms of office of all members of such board shall expire on such date. The board of education created herein shall on or before January 10, 1957, elect a County School Superintendent of McDuffie County, who shall serve at the pleasure of the board. The term of office of the county school superintendent serving at the time of the ratification of this amendment is hereby extended until such time as the board elects a superintendent as provided hereinbefore. The county school superintendent shall no longer be elected by the people of McDuffie County, but shall be elected by the board of education. The county board of education as provided herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and the county superintendent of schools as provided herein shall be subject to all constitutional provisions and statutory provisions relative to county superintendents

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of schools, unless in conflict with the provisions of this amendment. 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. Such proposed amendment shall be submitted as provided in said paragraph. 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 McDuffie 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 McDuffie 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereof. Approved March 7, 1955.

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BUSTS OF GEORGIA SIGNERS OF DECLARATION OF INDEPENDENCE IN GEORGIA HALL OF FAME. No. 64 (Senate Resolution No. 6). A Resolution. Authorizing the placing of marble busts of the three Georgia signers of the Declaration of Independence in the Georgia Hall of Fame at the State Capitol; and for other purposes. Whereas, Georgia had three revered signers of the Declaration of Independence, Lyman Hall, Button Gwinnett, and Georgia Walton; and Whereas, these three great men have never been suitably honored by any tangible evidence of their greatness; and Whereas, the rotunda of the State Capitol has been designated as the Georgia Hall of Fame and this would be the ideal place at which to honour these great Georgians; and Whereas, the Georgia Society, Dames of the Court of Honor, has requested the General Assembly to authorize the placing of marble busts of these men in the Georgia Hall of Fame; Now, therefore, be it resolved by the General Assembly of Georgia, that marble busts of Georgia's three signers of the Declaration of Independence, Lyman Hall, Button Gwinnett, and George Walton be placed in the Georgia Hall of Fame. Be it further resolved, that a committee be appointed, composed of three members of the House to be appointed by the Speaker, two members of the Senate to be appointed by the Lieutenant Governor, and the

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Secretary of State, who is hereby designated chairman of the committee, to conduct all the necessary matters relative to the purpose set out herein. Approved March 7, 1955. HONORABLE E. L. FORRESTER COMMENDED. No. 65 (House Resolution No. 153). A Resolution. Commending Congressman E. L. Forrester for his sponsoring of legislation circumscribing the jurisdiction of the Federal courts and urging upon Congress the passage of such legislation. Whereas, it has been brought to the attention of this General Assembly that Honorable E. L. Forrester, United States Congressman from the Third District of Georgia, has introduced in Congress certain remedial legislation circumscribing the jurisdiction of the Federal judiciary in cases involving the administration by the sovereign States of their respective school systems; and Whereas, it is now apparent to this body that for public education to retain its historic, constitutional status as a State function, some curtailment must, ex necessitate, be imposed upon the Federal courts, more particularly the United States Supreme Court; and Whereas, the unwarranted judicial interference by the Federal judiciary into the local affairs of the several States can only result in their gradual extinction. Now, therefor, be it resolved by the House of Representatives, the Senate concurring, that this General Assembly does respectfully commend Congressman Forrester for his worthwhile endeavor and earnestly

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urges the enactment by the Congress of Congressman Forrester's bill. Be it further resolved, that a copy of these presents be forthwith dispatched to Congressman Forrester, the President of the Senate and Speaker of the House of Representatives, and to every member of the Georgia Delegation to Congress. Approved March 7, 1955. WESTERN AND ATLANTIC RAILROAD COMMITTEESERVICES TO. No. 66 (Senate Resolution No. 39). A Resolution. To express gratitude and appreciation for services to the Western and Atlantic Railroad Committee. Whereas, on February 4 and 5, 1955, the Western and Atlantic Railroad Committee made a trip to Chattanooga to inspect the property of this State; and Whereas, the committee's trip was made more enjoyable and comfortable by the many services and courtesies rendered to them; Now, therefore, be it resolved by the General Assembly, that the officials of the Western and Atlantic Railroad, the Public Service Commission, the officials of the Nashville, Chattanooga and St. Louis Railroad and the Chamber of Commerce of Chattanooga, Tennesse, be commended for the services performed by them for the Western and Atlantic Railroad Committee. Be it further resolved, that a copy of this resolution be sent to the principal office of each of the above named officials. Approved March 7, 1955.

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DOUGHERTY COUNTYFIRE PROTECTION. Proposed Amendment to the Constitution. No. 68 (House Resolution No. 78-274a). A Resolution. Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia, so as to provide for the establishment of fire protection districts in Dougherty County outside municipalities by the governing authority of Dougherty County; to authorize the governing authority of Dougherty County to contract with municipalities for the furnishing of such fire protection; to provide for the levy of a tax to defray the cost of fire protection for the fire districts; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II of the Constitution of Georgia, relating to the districting of counties, is hereby amended by adding at the end thereof the following: The governing authority of the County of Dougherty is hereby given the authority to district areas outside of municipalities in said county for fire protection purposes and to contract with municipal corporations to furnish fire protection to such districts provided that in the event such districts are formed, the governing authority of Dougherty County shall levy a tax upon the property located within such fire districts sufficient to defray all cost of fire protection to such districts. 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. Such proposed amendment shall be submitted as provided in said paragraph: The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to authorize the governing authority of Dougherty County to district areas outside municipal corporations; to levy a tax to defray the cost of fire protection; and to authorize the governing authority of Dougherty County to contract with municipal corporations to furnish fire protection to the fire protection districts. Against ratification of amendment to authorize the governing authority of Dougherty County to district areas outside municipal corporations; to levy a tax to defray the cost of fire protection; and to authorize the governing authority of Dougherty County to contract with municipal corporations to furnish fire protection to the fire fire protection districts. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 9, 1955.

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REVERSION OF CERTAIN LAND TO GRANTOR. No. 69 (House Resolution No. 161-528f). A Resolution. Authorizing the conveyance of certain property; and for other purposes. Whereas, by deed dated June 16, 1952, Mildred P. Sheats of Fulton County, Georgia, conveyed certain property in Jackson County, Georgia to the State of Georgia to be used for the rehabilitation of alcoholics; and Whereas, such deed contained a reversionary clause to the effect that the title of such property would revert back to Mildred Sheats if it were not used for such purpose; and Whereas, the Georgia Commission on Alcoholism states that the property cannot be properly utilized for the designated purposes; and Whereas, in view of such fact Mildred Sheats desires the property to be returned to her before the expiration of the five-year period; and Whereas, the Georgia Commission on Alcoholism desires that the property be returned to Mildred Sheats; and Whereas, the deed is on file in the office of the Secretary of State; Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized and directed to execute a deed to Mildred P. Sheats conveying to her the property described in said deed. Conveyance to Mildred P. Sheats. Approved March 7, 1955.

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SALE OF BUILDINGS TO CITY OF BRUNSWICK. No. 70 (House Resolution No. 177-558a). A Resolution. To authorize the Governor acting on behalf of the State to convey certain property to the City of Brunswick, Georgia; and for other purposes. Whereas, the City of Brunswick and the County of Glynn conveyed to the State or paid the consideration for certain parcels of lots of land in the City of Brunswick, Glynn County, Georgia, as an armory site, and on which were and are located certain temporary war housing buildings; and Whereas, the State of Georgia does not need and will demolish certain of such buildings, and does not need the materials in such buildings to be demolished; and Whereas, the City of Brunswick desires to purchase for a nominal consideration the materials to be salvaged from such buildings to be demolished, to be used by said city for municipal purposes; and Whereas, said property is surplus property to the State of Georgia; and Whereas, the City of Brunswick desires to obtain title to certain of said buildings and the materials therein for use in building a city barn for housing its equipment used in carrying on its municipal functions; Now, therefore, be it resolved by the General Assembly of Georgia; that the Governor acting on behalf of the State is authorized to convey title to the City of Brunswick, Georgia, the following described property, to wit: All the materials making up the buildings on what is known as the armory site in the City of

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Brunswick, Glynn County, Georgia, located in the area bounded by Norwich Street, Wolfe Street, First and Second Streets, which buildings are determined by the Governor to be surplus and not used or usable for the State of Georgia; such conveance to be for such consideration as is determined to be reasonable by the Governor. Approved March 9, 1955. HOME RULE STUDY COMMITTEE. No. 71 (House Resolution No. 217). A Resolution. Authorizing a study to be made relative to home rule; and for other purposes. Whereas, a constitutional amendment authorizing the General Assembly to make laws relative to home rule was ratified by the people at the November 1954 general election; and Whereas, many of the municipalities of this State are interested in having such a statute enacted; and Whereas, the drafting of such a statute is a difficult task and should not be hurriedly attempted; and Whereas, the difficulty of the job is readily apparent upon reading the decision of the Supreme Court of Georgia wherein the last statute on home rule was declared unconstitutional; and Whereas, a thorough study of the subject should be made in order to determine the best possible approach to the drafting of such a statute; Now, therefore, be it resolved by the General Assembly

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of Georgia, that there is hereby created a committee to be composed of three members of the House, to be appointed by the Speaker, and three members of the Senate, to be appointed by the President of the Senate. Said committee is hereby authorized and directed to conduct such a study as aforesaid, and is hereby authorized to request the assistance of the Bill Drafting Unit of the State Law Department, the Institute of Law and Government of the University of Georgia, the law schools of this State, and such other agencies and persons as deemed advisable. The committee shall make a report of the study, including such recommendations and proposed legislation as it deems advisable, to the 1956 session of the General Assembly. The members of the committee shall receive the per diem and allowances authorized by law for members of interim committees and shall be limited to 30 days as to per diem expenses. Approved March 9, 1955. LAND CONVEYANCE TO CITY OF THOMASTON. No. 73 (House Resolution No. 140-495e). A Resolution. To authorize the Governor, acting on behalf of the State, to convey to the City of Thomaston a tract of land conveyed to the State by error; and for other purposes. Whereas, the City of Thomaston, in conveying a tract of land belonging to said city to the State by error in describing the tract of land conveyed more than was intended to convey; and Whereas, the excess land conveyed is not essential to the purpose for which the conveyance was made; and

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Whereas, the City of Thomaston desires to obtain title to the excess land so conveyed; Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor, acting on behalf of the State, is authorized to convey title to the City of Thomaston the following property, to wit: All of a certain tract or parcel of land containing 0.9297 acres and lying and being in land lot No. 224 in the 10th land district of Upson County, Georgia, and better described according to a plat prepared by J. Burruss Smith, County Surveyor, and J. H. Smith, Assistant County Surveyor, under date of December 23, 1954, as follows, to wit: Begin at the point of intersection of the center line of the power transmission line of the Georgia Power Company (which power line runs thru land lots Nos. 219 and 224 in said land district of said county) with the west right-of-way line of U. S. Highway No. 19 (State Highway No. 3) and run thence South 85 degs. 15 mins. west, 1335.0 feet to an iron stake set at the real point of beginning, (the northeast corner of the tract here described); from said real point of beginning, run thence south 85 degs. 15 mins. west along the center line of said power line 100.0 feet to an iron stake; thence south 4 degs. 45 mins. east 440.0 feet to an iron stake; thence north 50 degs. 15 mins. east 122.077 feet to an iron stake; and thence north 4 degs. 45 mins. west 369.98 feet to the point of beginning. Description. Approved March 9, 1955.

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BIBB COUNTY POLICE CIVIL SERVICE SYSTEM. Proposed Amendment to the Constitution. No. 74 (House Resolution No. 21-47b). A Resolution. Proposing to the qualified voters of Georgia an amendment to Paragraph I, Section IV, Article VII of the Constitution of Georgia of 1945 so as to provide a Civil Service System and a Civil Service Board for Bibb County; to provide for the appointment and removal of the members of said board and their qualifications, term of office, and salaries; to prescribe the duties of the civil service board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provisions of this Act; to provide for probationary period of employment; to provide how and in what manner and for what reason employees may be demoted, suspended, or discharged; to provide for trials of employees charged with the violation of civil service rules or provisions; to provide a uniform procedure for handling certain personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of certain county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this system from doing certain things in violation thereof; to provide a penalty for all persons violating the provisions of this system; to provide for a secretary to the board and define his powers and duties; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the

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responsibility for the conduct of the affairs of county government; to provide for the bonding of employees under classified services; to provide for the repeal of conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is herein enacted by authority of same: Section 1. That the Constitution of Georgia of 1945 be amended by adding to Paragraph I, Section IV, Article VII the following words, to wit: A Civil Service System is hereby created in Bibb County as follows: Part 1. Index. Part 2. Definitions. Part 3. Appointment, removal, compensation and duties of the Bibb County Civil Service Board. Part 4. Appointment, removal, compensation and duties of the Secretary, Bibb County Civil Service Board. Part 5. Unclassified service and classified service. Part 6. Retirement. Part 7. Status of incumbents. Part 8. Method of filling vacancies. Part 9. Certification and appointment. Part 10. Temporary and Provisional Appointment. Part 11. Examinations. Part 12. Rating and eligibility. Part 13. Promotions. Part 14. Re-employment. Part 15. Transfers. Part 16. Demotions.

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Part 17. Suspensions. Part 18. Lay-offs. Part 19. Removals. Part 20. Appeals. Part 21. Political activity. Part 22. Residence. Part 23. Dismissal for violation. Part 24. Penalties. Part 25. Oaths. Part 26. Bonds of employees. Part 27. Changes in system. Part 28. Effective date. Part 2. DEFINITIONS. The following terms, when used herein in connection with the Bibb County Civil Service System, shall have the following meanings unless the context clearly requires otherwise: (1) Classified service means all offices and positions of employment as county police in the service of Bibb County and serving under the direction of the Sheriff of Bibb County, and all offices and positions of employment in the service of the Sheriff of Bibb County, except those offices and positions placed in the unclassified service by this Act. Nothing in this Act shall be construed as requiring the County Board of Commissioners for the County of Bibb to place the direction and control of the County Police of Bibb County under the Sheriff of Bibb County. The county commissioners may at any time remove the County Police of Bibb County from the Civil Service System herein created.

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(2) Board means the Bibb County Civil Service Board. (3) Secretary means the Secretary of the Bibb County Civil Service Board. (4) Appointing authority means the Sheriff of Bibb County or any person lawfully serving as Sheriff of Bibb County. (5) County commissioners means County Board of Commissioners for the County of Bibb. (6) Position means any office or place of employment as county police in the service of Bibb County, Georgia, and any office or place of employment in the service of the Sheriff of Bibb County. (7) Classified employees means any employee holding a position in the classified service. (8) Public hearings means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved. Part 3. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE CIVIL SERVICE BOARD. (1) There is hereby created and established the Bibb County Civil Service Board which shall consist of three members of known sympathy to the merit system who shall have been residents of Bibb County for two years or more. The initial members of the Bibb County Civil Service Board shall be appointed by a majority vote of the county commissioners at their first regular meeting following the enactment into law of this Act and the initial members shall be appointed for terms as follows: One member for term ending December 31, 1962; one member for term ending December

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31, 1958; one member for term ending December 31, 1960. Thereafter all appointments for the civil service board shall be as follows: The chairman of the Bibb County Commission of Roads and Revenues shall nominate the members of the board subject to confirmation by a majority vote of the county commissioners at its next regular meeting after said nominations are made. Such nominations shall be announced by publication in the official organ of the county at least one week before said meeting of the county commissioners. All appointments shall be for a term of six years, and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their members as chairman of the board and one member as vice-chairman. Two members of the board shall constitute a quorum for the transaction of business. Vacancies in the office of said civil service board created by death, resignation or otherwise shall be filled by nomination of the chairman and confirmation by the board of county commissioners after publication as provided for regular appointments herein and such appointment shall be for the unexpired term. No member of the board shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of notary public or in the military forces. (2) A member of the board may only be removed for cause after charges have been filed with the county commission. Such charges must be filed in writing and a copy furnished the member sought to be removed; the member shall be entitled to a public hearing before the county commissioners, and removal shall be accomplished only after such hearing and a majority vote of the entire board of the county commissioners. (3) The members of the board shall serve without compensation, except that the county commissioners

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may authorize payment to members on a per diem basis for the time actually devoted to the business of the board. (4) The board shall keep its office and shall hold its meetings in the Bibb County courthouse, and all of said meetings shall be open to the public. The board shall hold regular meetings at least once every three months, and as often in addition thereto as the board may provide. (5) It shall be the duty of all officers having charge of public buildings of Bibb County to allow the reasonable use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for herein, in all proper ways to facilitate the work of the board. It shall be the duty of the board as a body: (a) After a public hearing and proper investigation during which the county commissioners, appointing authority, and the classified employees shall be afforded every opportuinty to be heard, to adopt, rescind, and amend rules and regulations for the administration of this civil service system; to set up a classification plan for all positions covered by this system; together with a recommended minimum, intermediate, and maximum salary schedule for such positions, which, if adopted by a majority vote of the county commissioners, it shall be the duty of the appointing authority and other employees of Bibb County to which these rules, regulations, classifications, plans, salary schedule, and any modifications thereof may relate, to assist in all proper ways in carrying them into effect. Notice of the contents of such rules, regulations, classification plan, salary schedule and any modifications thereof shall be given to the appointing authority affected thereby, and shall be reprinted for public distribution. (b) To hear and determine appeals and complaints respecting the administrative work of the secretary filed with the board by any appointing authority or

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classified employee and such other matters as may be filed with the secretary. (c) To make such investigations as may be requested by the county commissioners where Bibb County employees are affected and to report thereon. (d) To keep minutes of its own meeting and such other records as the board may deem necessary. (e) To examine and approve or modify the annual report prepared by the secretary and submit such report to the county commissioners on or before the first day of July of each year transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this civil service system; and to supervise generally the work of the secretary in the administration of the provisions of this system. Such report shall be made available to any interested groups. Part 4. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE SECRETARY. (1) The county commissioners shall assign a secretary to the board from among these county employees who assist the clerk of the county commissioners in the field of personnel administration for county employees or from among any regular county employee capable of performing the duties of secretary as herein set forth. (2) The county commissioners shall provide adequate facilities and quarters for the board and the secretary to store records and to administer the provisions of this civil service system. (3) The secretary shall take the oath of office prescribed for the county commissioners and give bond

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in the penal sum to be fixed by the county commissioners. (4) The secretary shall hold his office during good behavior and may be removed at will by the county commissioners. (5) The secretary shall receive no additional compensation for service on behalf of the board unless such shall be provided by the county commissioners. (6) It shall be his duty: (a) To attend meetings of the board, to act as its secretary and to record its official actions. (b) To assist the board in administering the civil service system and in preparing and maintaining the rules, regulations, classification plan, and salary schedule for the proper administration and execution of this system. The rules and regulations as adopted by the board, shall govern the examination procedure, formulation of registers of eligibles, certification of persons qualified for appointments, transfers, demotions, promotions, suspensions, layoffs, re-employments, resignations, leaves of absences without pay, dismissals, and other matters pertaining to the proper administration of this civil service system. (c) To establish and maintain a roster of all officers and employees in the employ of Bibb County who are covered by this system, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent. (d) To present to the board all matters filed with him for the board's consideration.

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Part 5. UNCLASSIFIED SERVICE AND CLASSIFIED SERVICE. (1) The unclassified service shall consist of the following: (a) Any person serving as Sheriff of Bibb County. (b) Any person serving as chief deputy to the Sheriff of Bibb County. (c) Any person who does not receive regular compensation from county funds, directly or indirectly. (d) Any person serving as a special deputy or as a temporary deputy for a period of less than 30 days. (e) Any person employed on a per diem basis and whose sole duties are those of bailiff to a court. Part 6. RETIREMENT. All members of the classified service may be retired on account of age effective at the end of the calendar year in which they respectively attain the age of 65 years and shall be retired or shall be dismissed from employment at the end of the calendar year in which they respectively attain the age of 70 years. Part 7. STATUS OF INCUMBENTS. Any person holding a permanent position in the classified service of Bibb County on the effective date of this Bibb County Civil Service System, shall continue to hold such position subject to the provisions herein and shall be deemed to be qualified for such

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employment and shall be entitled to receive a regular permanent appointment in accordance with the provisions herein and, provided, that he shall file with the civil service board within ninety (90) days after the effective date hereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the board. Any person entering the service of the United States and covered by the Soldiers and Sailors Relief Act of Congress shall be conclusively presumed to have been on furlough or leave of absence during his period of service in the Armed Forces of the United States, provided the person entering service shall, within thirty (30) days after leaving the employment in the classified service of Bibb County, make written application to the board for furlough or leave of absence during his period of service in the Armed Forces of the United States, and shall be restored to his or her former or comparable position without loss of seniority, provided: (a) He does not voluntarily extend his period of training and service beyond the expiration of his term during the present emergency. (b) He is still physically and mentally qualified to perform the duties of such position. (c) He makes application for re-employment within six months after his honorable discharge from the Armed Forces of the United States. Provided further that all employees of Bibb County coming under the provisions of the classified service who have entered the service of the United States Government as specified herein and who at the time of their entrance had been regular employees of Bibb County for a period of at least six months prior to entering said service, shall be deemed as regular employees coming under the classified service as provided

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herein and shall be entitled to all benefits provided hereby. This provision shall not apply to employees who voluntarily re-enlist at the expiration of the present emergency. Part 8. METHODS OF FILLING VACANCIES. Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The secretary may advise with the appointing authority as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions herein stated. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. Part 9. CERTIFICATION AND APPOINTMENT. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the secretary a statement of the duties of the position and a request that the secretary certify to him the names and persons eligible for appointment to the position. The secretary shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the secretary that any person is not willing to accept the position, the appointing

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authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the secretary deems to be appropriate for the class in which the position is established, the secretary shall proceed to prepare such an eligible register as soon as possible after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authority three times, the secretary, after investigation, may with the approval of the board, remove the name of such person from the eligible register. All regular appointments to the classified service covered herein shall be for a probationary period of not exceeding six months, but the board and the appointing authority may extend such probationary period to one year. If during this probationary period, the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the board shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Part 10. TEMPORARY AND PROVISIONAL EMPLOYMENT. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the board. If such nominee is found by the board to have had experience and training which appears

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to qualify him for the position, he may be temporarily appointed to such vacancy but only until an appropriate eligible register can be established and appointment made therefrom provided that the secretary with the approval of the board may approve a provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. Successive temporary appointments more than six months shall not be made except with the approval of the board, and then only in the interest of good service; provided, however, that no person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally appointed. Part 11. EXAMINATIONS. Each eligible register shall consist of a list of all persons who have shown that they possess the qualifications and have passed the tests which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or may be in the form of actual demonstration of fitness as the Board may determine. Such test shall be competitive, practical, free and open to all persons, citizens of Bibb County, who may be lawfully appointed to any position in the class to which they are held with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and specified in the public announcement of the test. The Board shall establish or create examination committees from qualified persons to assist

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them in giving tests. Public notices of time, place, and general scope of every test shall be given. Part 12. RATING AND ELIGIBILITY. Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers, no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under the provisions herein, or wilfully or corruptly make any false representation concerning the persons examined, or wilfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained ratings. The term of eligibility shall be one year, commencing with the date on which the name of eligible is entered on the register. This term may be extended in the discretion of the board for all those on any register when conditions of good administration render it inexpedient to hold a new examination. Part 13. PROMOTIONS. Promotions of employees to positions having a different and higher classification under the Bibb County Civil Service System shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the board at the request of the appointing authority.

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Part 14. RE-EMPLOYMENT. (1) Whenever any employee in the classified service, who has been performing his duties in a satisfactory manner as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the secretary and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the secretary shall cause the name of such employee to be placed on the re-employment list within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in order according to dates of applications for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn, within three years after it has been presented and accepted. All employees under the classified service who may hereafter enter the service of the United States as specified herein shall upon being honorably discharged therefrom be eligible for re-employment under the classified service as provided herein and shall be re-stored to their former positions, provided, however, they file application with the board within six months from date of such discharge. This provision shall not apply to employees who voluntarily re-enlist in the service of the United States at the expiration of the present emergency. (2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the secretary in

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such form as may be prescribed by the board a request that the secretary certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The secretary shall immediately certify to the appoiting authority the names of persons as appropriate registers. Part 15. TRANSFERS. An appointing authority may, at any time, transfer any classified employee under his jurisdiction, from one position to another in the same classification. In every such case the appointing authority shall give written notice of this action to the secretary. Part 16. DEMOTIONS. An appointing authority may in accordance with the rules and regulations established by the board, demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee and the secretary have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his demotion to the board. The board can then approve his demotion or re-instate him to his former position if, in its opinion, the demotion is not justified. Part 17. SUSPENSIONS. An appointing authority may in accordance with the rules and regulations established by the board, upon giving written notice to an employee and the secretary, suspend a classified employee for disciplinary purposes

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without pay for a period of not to exceed (30) days in any twelve months' period. Part 18. LAYOFF AND LEAVE OF ABSENCE WITHOUT PAY. An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual condition or shortage or stoppage of work or funds. In every case of this kind, the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and to the secretary. Any person who has been appointed to a position in the classified service, or who shall have attained civil service status under the provisions herein, other than temporary or provisional appointee, and who has been laid off for the reasons stated in this section of Part 18, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed three consecutive months may be granted to any employee without pay upon request of the employee when approved by the appointing authority. Any leave of absence for a period in excess of three consecutive months as provided herein shall be obtained only with the approval of the board. Part 19. REMOVAL. Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. Wilful violation of the rules and regulations established by the appointing authority for employees under his direction, conduct unbecoming to an officer, disobedience

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to the lawful order of a superior officer, shall each be considered just cause for dismissal. The dismissed employee shall have an opportunity to answer the charges in writing within ten (10) days, and file with the board affidavit in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the board may re-instate an officer or employee so removed in case it appears after proper hearing that the removal was made for political or religious reasons and not justified. The board may, after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee involved either to the same position, or to a lower position as the board may direct. Provided, however, the board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, re-open the case and vacate, modify or revise its former order so as to lessen but not increase, the penalty imposed, but after the end of such thirty (30) days, the board shall not have any authority to re-open such case for any cause. The county commissioners shall have the right to prefer charges against any employee in the classified service for violation of any civil service rule or regulation, in which case the employee against whom such charges are filed shall have an opportunity to answer the charges in writing within ten (10) days after written notice thereof, and to file with the board affidavits in support of such answer. Thereafter, the proceedings shall be the same as in cases where disciplinary action is taken on charges are preferred by an appointing authority in accordance with the provisions herein. (a) Whenever an employee has been suspended, demoted, discharged, disciplined, or otherwise caused to suffer any loss in classification, grade, or salary, such employee shall have the right to appeal to the

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civil service board. This right may be exercised at any time within ten days from the date of such suspension, demotion, discharge or other disciplinary action by a request in writing for such hearing filed with the secretary of said board. Immediately upon the receipt of such request, the secretary, shall notify the members of the board and call a meeting of the board for proper hearing of the case. The board shall proceed to hear all parties at interest and such evidence as may be introduced by any of them at the earliest practicable date after notice of the appeal has been filed. The filing by any employee of an answer to charges to the written statement filed by the appointing authority with the board as provided in Section 18 above, without further formality shall be deemed a sufficient demand for a hearing. Part 20. APPEALS. Whenever the secretary refuses to certify an eligible, as provided herein, then the secretary, if requested by the person so affected, shall give to him a full and explicit statement of the exact cause for such refusal to certify as the case may be. The person so rejected may ask for a review of the case by the board, which shall be granted, and said board by a majority vote, shall have power to render a final decision in writing to the person asking for the review. Such decision of the board shall be binding on all concerned, and shall be a final adjudication of the appeal. Part 21. POLITICAL ACTIVITY AND RECOMMENDATIONS. In applying the provisions of this civil service system or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a

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position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance, or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendations for any person who applies for office or position in the classified service, or for examination under the provisions of this civil service system, except as to character, and in the case of former employees as to ability, shall be considered by the board, the secretary or the appointing authority, in giving any examination, appointment, promotion, or re-instatement under the provisions of the Bibb County Civil Service System. Part 22. RESIDENCE. Positions in the classified service shall be filled by citizens of Bibb County who have been residents of Bibb County for at least two years immediately preceding the date of examination. In the discretion of the board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Bibb County cannot be obtained. Removal of residence outside of Bibb County shall be grounds for removal unless permission to remove residence is granted for just cause by the board and approved by the county commissioners. Part 23. DISMISSAL FOR VIOLATION. Any person in the classified service violating any provisions of this civil service system may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the board prior to said dismissal.

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Part 24. PENALTIES. Any person who shall wilfully or corruptly violate any of the provisions herein shall be guilty of a misdemeanor and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employment, re-instatement, or re-appointment for a period of three years from date of such conviction. Part 25. OATHS. The board and all employees in the classified service shall take the oath of office as prescribed by law for their respective positions. Part 26. BONDS OF EMPLOYEES UNDER CLASSIFIED SERVICE. (1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employees as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the Treasurer of Bibb County, to the extent such bond is required by law.

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(2) Should the amount of bond required be deemed by the board arbitrary, unreasonable or oppressive, an appeal shall lie to the superior court which shall have the authority to set the amount of such bond. (3) The board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable, but this provision shall not forbid the county commission or other authority coming under county government to require any employee handling funds or performing duties of trust to post bonds. Part 27. CHANGES IN SYSTEM. The General Assembly shall have authority to enact laws changing, altering, or abolishing the Bibb County Civil Service System herein established and to provide additions, exceptions, or exemptions to the Bibb County Civil Service System herein established. Part 27-A. 1. It is distinctly provided that the legislature may, at any time, repeal the civil service system herein created without the necessity of further amendments to the Constitution. 2. It is expressly provided that the county commissioners may, at any time, provide for a county police department, independent of the sheriff's office and in so doing eliminate the county police from the provisions of the civil service system. 3. It is expressly provided that the final authorization for the fixing of the salaries of employees under the civil service system is to be established by the vote of county commissioners.

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4. It is expressly provided that the county shall not be required to pay the premium on any bond of any employee under the civil service system in excess of that bond required by statute. Part 28. EFFECTIVE DATE. Be it further enacted that the provisions of this amendment to the Constitution of the State of Georgia shall become effective December 1, 1956. Section 2. Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the Ayes and Nays entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia for ratification or rejection at the next general election in which constitutional amendments may be voted on. 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 of Georgia, authorizing and creating a civil service system for the County Police and Deputy Sheriffs of Bibb County. Against ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia, authorizing and creating a civil service system for the County Police and Deputy Sheriffs of Bibb 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. Returns shall be made and results declared as required by law and if said amendment be adopted by ratification as required by law said amendment shall become a part of Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945.

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Section 3. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 9, 1955. JUDGES EMERITUSPOWERS AND DUTIES. Proposed Amendment to The Constitution. No. 75 (House Resolution No. 13-34a). A Resolution. Proposing to the qualified voters of Georgia an amendment to Article VI, Section XIII, of the Constitution of 1945 by adding thereto an additional paragraph to be known as Paragraph II. Be it resolved by the General Assembly of the State of Georgia as follows: Section 1. Article VI, Section XIII, of the Constitution of 1945, relating to the qualifications of Justices, Judges, etc., be amended by adding thereto a paragraph to be known as Paragraph II, which shall read as follows: Paragraph II. Chief Justice Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the courts in which they are Chief Justices, Justices, or Judges, Emeritus. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service. 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 VI, Section XIII 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 voters voting in favor of the ratification of the amendment shall have written or printed upon their ballots, For ratification of the amendment to Article VI, Section XIII, of the Constitution of Georgia of 1945, providing that Chief Justice Emeritus and Justices Emeritus of the Supreme Court and Judges Emeritus of the Superior Courts shall be eligible to preside over their respective courts, and authorizing the General Assembly to provide for such service, and the voters voting against the amendment shall have written or printed on their ballots, Against ratification of the amendment to Article VI, Section XIII, of the Constitution of Georgia of 1945, providing that Chief Justice Emeritus and Justices Emeritus of the Supreme Court and Judges Emeritus of the Superior Courts shall be eligible to preside over their respective courts, and authorizing the General Assembly to provide for such service. 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, and thereupon the foregoing amendment shall become

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a part of the Constitution of the State of Georgia of 1945. Approved March 9, 1955. GRANT OF EASEMENT TO TALIAFERRO COUNTY BOARD OF EDUCATION RATIFIED. No. 77. (House Resolution No. 112-369f). A Resolution. Ratifying an easement granted by the State of Georgia to the Board of Education of Taliaferro County; and for other purposes. Whereas, the State of Georgia by Herman E. Talmadge, Governor, did under date of June 25, 1954, grant to the members of the Board of Education of Taliaferro County, Georgia, an easement authorizing the laying and maintaining of sewer lines over and upon certain property located in Taliaferro County known as the Alexander H. Stephens State Park, a copy of which easement is on file in the office of the Secretary of State; and Whereas, it is desirable that this action be ratified by the members of the General Assembly; Now, therefore, be it resolved by the General Assembly of Georgia that the action of the aforesaid official in granting such easement is hereby ratified. Be it further resolved that the Clerk of the House is hereby directed to send a copy of this resolution to the Secretary of State and the Director of the State Parks Department. Approved March 9, 1955.

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PAT GRIFFIN MEMORIAL STATE PARK. No. 79 (House Resolution No. 169-550a). A Resolution. Proposing the development of a State Park in Brooks County; and for other purposes. Whereas, Honorable Pat Griffin, the father of Governor Marvin Griffin, was born in Brooks County; and Whereas, it is only fitting that a State Park be developed in honor of this illustrious Georgian; and Whereas, in addition thereto such a park would be of untold benefit to the citizens of Brooks County and to the State of Georgia as a whole; Now, therefore, be it resolved by the General Assembly of Georgia, that the Director of the Department of State Parks is hereby ordered and directed to investigate the possibilities relative to the acquisition of property in Brooks County for the purpose of developing a State park thereon. Be it further resolved, that upon funds being appropriated or available for such purpose, it shall be the duty of the State Parks Department and the Governor to acquire the property therefor and develop a State Park as aforesaid, and the name of such park shall be The Pat Griffin Memorial State Park. Approved March 9, 1955.

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FEDERAL TARIFF POLICYMEMORIAL TO CONGRESS. No. 78 (House Resolution No. 186). A Resolution. Whereas, the growing of cotton is one of the basic agricultural activities of our State providing employment and cash incomes for thousands of Georgia farmers and their families; and Whereas, the manufacture of cotton and other fibres into yarns and fabrics and garments and other finished products constitutes Georgia's largest industrial enterprise, furnishing jobs and payrolls to more than 150,000 Georgia workers in hundreds of Georgia cities and communities; and Whereas, the American markets for the products of our cotton farms and of our textile mills and garment factories are being threatened with destruction by cheap foreign materials imported into this country, principally from Japan; and Whereas, a substantial part of these foreign goods are being produced from cotton grown in Mexico, India and Brazil, but with money loaned to the Japanese by the United States Government; and Whereas, the imported goods from Japan are manufactured by workers whose wages are only 13.6 an hour in Japanese textile mills, and only 11.0 an hour in Japanese garment plants, as compared with wages ten times as high in similar plants in the United States; and Whereas, it is impossible for Georgia farmers and Georgia factories to compete in our home markets with nations having a 90% labor cost advantage; and Whereas, the United States tariffs on textile yarns

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and fabrics and garments are already so low that cheap goods from Japan and other low-wage countries are already flooding American markets with consequent loss of jobs and earnings to American workers; and Whereas, the further tariff reductions on 90% of the cotton products produced in this nation are being proposed under the Reciprocal Trade Agreements Act, thereby giving foreign farmers and low-wage workers a still greater advantage in our home markets. Now, therefore be it resolved by the General Assembly of Georgia in regular session, this the 14th day of February, 1955, that the President of the United States and the Congress of the United States be, and are hereby memorialized as follows: That in the administration of our tariff policies and in the enactment of new tariff legislation adequate and effective safeguards be provided and enforced to protect the home markets for the products of our cotton farmers, to maintain our high standard of living that is the envy of the rest of the world and to protect American workers and their jobs and their wage levels from the destructive competition from foreign workers and factories; and Be it further resolved, that a copy of this resolution be transmitted by the Governor of Georgia to the President of the United States, to the Secretary of State and to the Georgia Senators and Representatives in the United States Congress. Approved March 9, 1955.

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WHEELER COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 32-84b). A Resolution. Proposing an amendment to the Constitution, so as to provide for the election of members of the Board of Education of Wheeler County by the people; 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: 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: The Board of Education of Wheeler County shall be composed of six members to be elected by the voters from each militia district, as hereinafter provided. One member of the board shall be elected from each of the six militia districts in Wheeler County and the member from each district shall be elected only by the voters of his district. No person shall be eligible to serve as a member of the board from a militia district unless he shall reside in such district. No person who resides in that portion of Wheeler County embraced within the territory of an independent school system shall be eligible for election as a member of said board. In order to be eligible for membership on said board, a person must be a freeholder, at least thirty years of age, of good moral character, qualified and registered to vote for members of the General Assembly and shall have lived in Wheeler County for the five continuous years immediately preceding the date of the election.

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On the first Tuesday in February, 1957, it shall be the duty of the Ordinary of Wheeler County to hold an election for the purpose of electing members of the Board of Education of Wheeler County. It shall be the duty of the ordinary to publish the date of the election, the purpose thereof, and a brief description of the voting procedure by districts once a week for the two weeks immediately preceding the date thereof in the official organ of Wheeler County. All the members elected at such election shall take office January 1, 1958. The member elected from Militia District No. 1600 shall serve for a term of one year; the member elected from Militia District No. 1417 shall serve for a term of two years; the member elected from Militia District No. 394 shall serve for a term of three years; the member elected from Militia District No. 1450 shall serve for a term of four years; the member elected from Militia District No. 1531 shall serve for a term of five years; and the member elected from Militia District No. 393 shall serve for a term of six years. Also, such members shall serve until their successors are elected and qualified. The successors to such members shall be elected at an election to be held on the first Tuesday in February in the year in which the member's term of office shall expire, and successors shall take office on January first following their election. All successors to the first members hereof shall serve for a term of six years, and until their successors are elected and qualified. In case of a vacancy on said board by death, resignation, or some other cause other than expiration of a term of office, the remaining members of the board shall elect a successor who shall serve for the unexpired term. The Board of Education of Wheeler County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1957, and the terms of office of all members of such board shall expire on such date. After the ratification of this amendment, the grand jury of Wheeler County shall

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appoint no new members to the board, but the term of any member serving at the time this amendment is ratified is hereby extended to December 31, 1957, even though such term would have expired prior to that date. 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. Such proposed amendment shall be submitted as provided in said paragraph. 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 Wheeler County from militia districts by the people of each district. Against ratification of amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Wheeler County from militia districts by the people of each district. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it 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

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who shall, if such amendment be ratified, make proclamation thereof. Approved March 9, 1955. BOLDEN S. COBB BRIDGE DESIGNATED. No. 81 (House Resolution No. 38-130c). A Resolution. To officially designate the name for a bridge on State Highway Route 102 between Mitchell, Glascock County, Georgia, and Warthen, Washington County, Georgia, as the Bolden S. Cobb Bridge; that Whereas, Mr. Bolden S. Cobb was instrumental in obtaining all the steel and building materials for the construction of the bridge hereinafter described; and that Whereas, Mr. Bolden S. Cobb did unselfishly devote many hours of his time, and did expend considerable sums of his own funds to obtain the necessary permit from the Federal officials for the purpose of having erected the said bridge; and that Whereas, with the steel and materials obtained by Mr. Bolden S. Cobb, the State Highway Department of Georgia did build the bridge on State Highway Route 102, in Washington County, Georgia, It is, therefore, resolved by the House of Representatives, the Senate concurring that the bridge crossing Suzan Cobb Lake on State Highway Route 102 in Washington County, Georgia, between the town of Mitchell, Glascock County and Warthen, Washington County, Georgia, is hereby designated and named the Bolden S. Cobb Bridge and the State Highway Department officials and other State agencies are directed

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that on all maps and publications the said bridge shall be referred to and designated as the Bolden S. Cobb Bridge and the State Highway Department officials are directed to have placed on or near the said bridge an appropriate sign indicating to the public the name hereby designated. Approved March 9, 1955. GEORGE-BARDEN ACTAPPROPRIATIONS UNDER. No. 84 (House Resolution No. 188). A Resolution. Requesting the members of the Georgia Congressional Delegation to exert their efforts towards obtaining the full appropriation authorized under the provisions of The Georgia-Barden Act; and for other purposes. Whereas, vocational education has meant so much to Georgia and Georgians; and Whereas, there is a great need for the further development of vocational education in order that all Georgians who need it and can profit by it might have opportunity for vocational training; and Whereas, there are many schools in Georgia as well as in other States with no programs of vocational education and many others with inadequate programs; and Whereas, the prosperity and well-being of a state and nation are dependent on the skill and productive capacity of its citizenry; and Whereas, vocational education develops skills and increases productive capacity of individuals; and

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Whereas, the security of our nation is dependent in a large measure on the skill, technical knowledge and the ability of the masses to produce; and Whereas, the Federal Vocational Education Act of 1946, known as the George-Barden Act, authorizes an appropriation of $29,300,000 annually and, despite the great need, the full amount of this authorization has never been appropriated, and Whereas, distinguished Georgia statesmen, the late Hon. Hoke Smith, the late Hon. Dudley M. Hughes, our present Senior Senator, the Hon. Walter F. George, and Ex-Congressman, the Hon. Braswell Deen, authored and championed the National Vocational Education Acts; and Whereas, the entire Georgia Delegation in National Congresspast and presenthave supported vocational educational appropriations and measures through the years; Now, therefore, be it resolved by the General Assembly of Georgia, that we commend the members of our Georgia Delegation in National Congress for the support they have given vocational education in the past and urge them to do all in their power to obtain the full annual appropriation of $29,300,000 authorized under the provisions of the George-Barden Act. Be it further resolved, that the Secretary of State be instructed to immediately make available a certified copy of this resolution to each member of the Georgia Delegation in National Congress. Approved March 9, 1955.

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FRANK S. SESSOMS MEMORIAL HIGHWAY DESIGNATED. No. 87 (House Resolution No. 158-528c). A Resolution. To designated Route S-594 in Clinch County between Homerville and Cogdell as the Frank S. Sessoms Memorial Highway; and for other purposes. Whereas, Frank S. Sessoms was an outstanding citizen of Clinch County and this State; and Whereas, Frank S. Sessoms was a distinguished gradate of the Georgia Institute of Technology; and Whereas, Frank S. Sessoms served his country well in World War II; and Whereas, some fitting tribute should be made to the services rendered by Frank S. Sessoms; Now therefore be it resolved by the General Assembly of Georgia that State Highway (S-594) between Homerville and Cogdell in Clinch County be designated the Frank S. Sessoms Memorial Highway. The State Highway Department is authorized and directed to place appropriate markers along this route indicating to the public the name herein designated. Approved March 9, 1955.

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WHITE HOUSE OF AUGUSTA. No. 89 (House Resolution No. 144). A Resolution. Proposing the acceptance as a State historical site in Richmond County of the premises known as The White House of Augusta; and for other purposes. Whereas, The White House of Augusta is the oldest standing building in the City of Augusta; and Whereas, the building depicts the only remaining memorial of the valiant colonists who fought during the Revolutionary War under the nickname of the Liberty Boys against the Redcoats under the command of the bloodthirsty and vengeful Colonel Thomas Brown during the battle known as The Siege of the White House, which occurred September 14 through September 18, 1780; and Whereas, the Richmond County Historical Society is the present owner of the White House of Augusta, and desires to convey the hereinafter described property to the State Department of Parks upon the condition that the Georgia Historical Commission restore The White House of Augusta to such condition as will be acceptable to the State Department of Parks and to the Governor; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Historical Commission is hereby requested to restore the property known as The White House of Augusta, and described as follows: All that lot or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, fronting one hundred feet (100') more or less, on the south side of Broad Street, between Crawford Avenue and Eve Street, and extending back of even width to Welch Alley (sometimes called Walsh's Alley), and being

Page 719

known and designated as Lot No. 3 and Lot No. 4 on a plat made by Louis J. Barbot, C. E., dated June 1901, and recorded in the Office of the Clerk of the Superior Court of said county in Realty Book 5 W's, page 501; the improvements on said property being known under the present system of house numbering in said city as number 1822 Broad Street; and being the same lot of land conveyed to Louise B. Barrett by deed of James T. Nash of record in said clerk's office in Realty Book 11 O's, page 232, and by said Louise B. Barrett conveyed to John Scott Johnson by deed recorded in said office in Realty Book 13 X's, page 147. to such condition as will make the same acceptable to the State Department of Parks and to the Governor, as a historical site of this State. Be it further resolved, that the Georgia Historical Commission shall restore the above described property from the funds appropriated to such commission. Be it further resolved that upon the satisfactory completion of the above condition precedent, that the State Department of Parks shall accept conveyance of the described property for a historical site and shall maintain the premises as a historical site of this State. Approved March 9, 1955. ATKINSON COUNTYREFUNDING BONDS. Proposed Amendment to the Constitution. No. 92 (House Resolution No. 24-56a). A Resolution. Propossing an amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia so as to strike the words and any future and that may be incurred from the amendment enabling the County

Page 720

of Atkinson to issue refunding bonds without a vote of the people to meet the present and any future indebtedness that may be incurred; to provide for advertising and submission; and for other related purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section VII, Paragraph I of the Constitution is hereby amended by striking the words and any future and that may be incurred from the amendment (Ga. Laws 1951, p. 831) approved at the General Election of 1952 that enabled the County of Atkinson to issue refunding bonds without a vote of the people to meet present and future indebtedness that may be incurred so that said paragraph shall read: And except that the County of Atkinson be and the same is hereby authorized and empowered to issue refunding bonds to be issued by the proper authorities of the county without a vote of the people to meet present indebtedness. 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia so as to authorize Atkinson County to issue refunding bonds for present indebtedness. Against ratification

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of amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia so as to authorize Atkinson County to issue refunding bonds for present indebtedness. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 9, 1955. CITY OF ASHBURNTAX FOR PROMOTION OF INDUSTRIES. Proposed Amendment to the Constitution. No. 93 (House Resolution No. 28-83d). A Resolution. Proposing an amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Ashburn, in Turner County, to 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 any industries in the City of Ashburn, and authorizing the governing authority of such city to select a board of citizens from the city to render

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advice respecting the use of such fund; 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: Section 1. Article VII, Section V, Paragraph I, of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end thereof the following: The City of Ashburn, in Turner County, is authorized to levy a tax not to exceed one mill, in addition to all other taxes, on all the taxable property in the city, for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the City of Ashburn. The governing authority of said city is hereby authorized to select a board of citizens of the city to render advice relative to the use of such fund 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Ashburn to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in said city. Against ratification

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of amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Ashburn to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in said city. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 9, 1955. VETERANS' FARM TRAINING PROGRAMSMEMORIAL TO CONGRESS. No. 94 (House Resolution No. 147). A Resolution. Petitioning the Congress of the United States to equalize the benefits under the Korean Veteran Farm Training Program with those of the World War II Veteran Farm Training Program; and for other purposes. Whereas, the benefits granted the farm trainees under the World War II Veteran Farm Training Program are substantially greater than the benefits granted Korean

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War veterans under the Korean Veteran Farm Training Program; and Whereas, the benefits granted other trainees of both wars are more nearly equalized; and Whereas, this disparity in the benefits granted the veterans of the Korean War has seriously curtailed the participation of such veterans in the Veteran Farm Training Program; and Whereas, it is most desirable, both from the standpoint of this body and the veterans of the Korean War of this State, that this situation be corrected; Now, therefore, be it resolved by the General Assembly of Georgia that the Congress of the United States be, and it is hereby, petitioned to make such amendatory and corrective legislation as will equalize the benefits of the Korean Veteran Farm Training Program with those of the World War II Veteran Farm Training Program; and Be it further resolved that the Secretary of the Senate of Georgia and the Clerk of the House of Representatives of Georgia be instructed to transmit copies of this petition to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States, and to each member of the Congress from the State of Georgia, for appropriate action by that body and for inclusion in the Congressinal Record. Approved March 9, 1955.

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LAND CONVEYANCE TO JOHNSON COUNTY. No. 96 (Senate Resolution No. 31). A Resolution. To authorize the Governor acting on behalf of the State, to convey certain property to Johnson County; and for other purposes. Whereas, the County Commissioners of Johnson County conveyed a certain parcel or lot of land in the city of Wrightsville, Johnson County, on October 2, 1945 to the Commissioner of Agriculture; and Whereas, the Commissioner of Agriculture has caused to be erected thereon a farmers' market; and Whereas, the farmers' market thereon is not being used for the purpose intended and is not being used for any other purpose; and Whereas, said property is surplus property to the Commissioner of Agriculture; and Whereas, the County of Johnson desires to obtain title to said property for use in maintaining and operating its public works camp; Now, therefore, be it resolved by the General Assembly of Georgia; that the Governor acting on behalf of the State is authorized to convey title to the County Commissioners of Johnson County the following described property, to wit: All that tract, lot or parcel of land, situated, lying and being in the City of Wrightsville, 1201st District G. M. Johnson County, Georgia, fronting north on State Highway No. 78 three hundred (300) feet and running south parallel lines for a distance of three hundred seventy-eight (378) feet, the dimensions of said lot being three hundred feet by three hundred and seventy-eight feet, said lot being bounded as follows: north by State Highway

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No. 78, south and east by other lands of Johnson County and on the west by a street connecting East College Street and State Highway No. 78. Approved March 9, 1955. COTTON ACREAGE ALLOTMENTS. No. 97 (House Resolution No. 41). A Resolution. A resolution to request cooperation of the Secretary of Agriculture of the United States in obtaining the needed assistance to the cotton growers of Georgia through acreage allotments. Whereas, Georgia's cotton acreage for 1955 has been fixed by the Secretary of Agriculture of the United States at 950,818 acres, which is 238,076 less than the 1954 allotment; and Whereas, in 1954 Georgia's cotton acreage allotment was 1,188,894 acres. However, of this total, Georgia has 163,000 acres that were not planted and the acreage not being planted for a three-year period the State will lose the acreage. Now, therefore, be it resolved that the General Assembly of the State of Georgia requests the Secretary of Agriculture of the United States to urge every cotton farmer who does not intend to plant his allotment to turn it back to the county committee in order that it can be re-distributed to the cotton farmers who want to plant it, and in this way Georgia can maintain its full history acreage allotment. Be it further resolved that a copy of this resolution be sent to each of the members of the Georgia Congressional Delegation; the Secretary of Agriculture

Page 727

of the United States; and the Georgia Farm Bureau, and to any other interested person. Approved March 9, 1955. WORKMEN'S COMPENSATIONCOMMITTEE TO STUDY. No. 98 (House Resolution No. 33). A Resolution. To establish a committee to study proposed revisions of Workmen's Compensation law; and for other purposes. Whereas, important changes have been proposed in the workmen's compensation laws of this State; and Whereas, any revision of our workmen's compensation law should be based on a thorough study of the effect of such proposed revision; and Whereas, the General Assembly desires to enact legislation to the best interests of the citizens of Georgia; Now, therefore, be it resolved by the General Assembly of Georgia, that a committee of fivethree from the House, to be appointed by the Speaker, and two from the Senate to be appointed by the Presidentbe appointed to study any proposed changes in the workmen's compensation law. The committee shall make a report to the 1956 session of the General Assembly. Be it further resolved, that the committee report their recommendations to the 1956 General Assembly,

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and they be paid per diem, as a member of the General Assembly, for each day in session but not exceeding fifteen days. Approved March 9, 1955. GENERAL ASSEMBLYCARRY OVER OF PENDING BUSINESS. Proposed Amendment to the Constitution. No. 99 (Senate Resolution No. 8). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to consider business pending at the adjournment of any regular session at any later regular session; to provide for the submission of this proposed amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article III, Section IV, Paragraph III, of the Constitution relating to meetings of the General Assembly, as amended, is hereby amended by striking in said paragraph the sentence, 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., and inserting in lieu thereof the following: All business pending in the Senate or House at the adjournment of any regular session may be considered at any later regular session of the same General Assembly, as if there had been no adjournment., so that when so amended said Paragraph III shall read as follows: Paragraph III. The General Assembly shall meet

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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 of the same General Assembly, 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 extra-ordinary 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 empeachment 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 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. Such proposed amendment shall be submitted as provided in said paragraph. 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 consider business pending at the adjournment of any regular

Page 730

session at any later regular session of the same General Assembly. Against ratification of amendment to the Constitution, so as to authorize the General Assembly to consider business pending at the adjournment of any regular session at any later regular session of the same General Assembly. 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 such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 9, 1955. INTANGIBLE TAXCOLLECTION. No. 415 (House Bill No. 375). An Act to express and effectuate the original intent of the General Assembly in enacting the Intangible Tax Act of 1953 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 379-390), by providing that the so-called recording tax imposed upon long term notes secured by real estate by Section 4, Part I of that Act and, pursuant to that Act, required to be collected by the clerks of the superior courts, shall not be remitted to the State Revenue Commissioner but shall be remitted directly to the tax collector or tax commissioner of the county in which such taxes were collected, and that a report

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accounting for such taxes collected and remitted shall be made to the State Revenue Commissioner if the State Revenue Commissioner shall so require; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the intangible tax imposed upon long term notes secured by real estate by Section 4, Part I of the Intangible Tax Act of 1953 (Ga. Laws, 1953, Nov.-Dec. Sess., pp. 379-390), and collected by the clerk of the court pursuant to that Act, shall not be remitted to the State Revenue Commissioner but shall be remitted directly to the tax collector or tax commissioner of the county in which such taxes were collected and the tax collector or tax commissioner shall make the distributions as now provided by law. If the State Revenue Commissioner shall so require, a report shall be made by the clerk of the court to the State Revenue Commissioner showing all taxes collected and remitted under the Intangible Property Tax Act of 1953. Collection of tax. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1955. YEAR'S SUPPORT. No. 417 (House Bill No. 108). An Act to provide that the right of a widow or minor child to a year's support from the estate of a decedent shall be barred by a sale by an administrator or executor of such estate prior to the setting apart of such year's support, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same:

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Section 1. The right of a widow or minor child to a year's support from the estate of a decedent shall be barred by a sale or conveyance made under authority of a court of competent jurisdiction or under power in a will, by an administrator or executor of such estate prior to the setting apart of such year's support, provided, however, that such sale or conveyance shall bar the year's support and the rights thereto only as to the property sold or conveyed. Bar by sale or conveyance. Section 2. If any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1955. ABSENTEE VOTING. Code Ch. 34-33 Amended. No. 418 (House Bill No. 64). An Act to amend Chapter 34-33 of the Code of Georgia, as amended, relative to absentee voting, so as to provide for absentee voting by persons who are unable to go to vote in person because of physical disability; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 34-3301 of the Code, as amended, which relates to voting by mail and notice to the registrars, is hereby amended by adding, after the word registered and before the word may, the words or

Page 733

who because of physical disability will be unable to vote in person, so that Section 34-3301 when so amended shall read as follows: Code 34-3301 amended. Any voter, when required to be absent from the city or county, ward or district in which he is registered, or who because of physical disability will be unable to vote in person, may vote by mail; provided, that he or some member of his immediate family,viz., husband or wife, father or mother, sister or brother, or son or daughtershall give notice in writing of such intention to the registrars or the ordinary of his county, not less than ten days nor more than sixty days prior to the primary or general election in which he may desire to participate. Absentee voters. Section 2. Section 34-3302 of the Code, which relates to application for ballot, is hereby amended by adding at the end thereof the following: If the voter is making application for a ballot because of physical disability, there shall also be included a certified statement from a licensed physician to the effect that such voter will be unable to vote in person., so that Section 34-3302 when so amended shall read as follows: Code 34-3302 amended. Said voter shall by mail forward to the registrars of the county of his residence a letter of application for a ballot, and shall enclose therewith postage, or the correct amount in legal tender, necessary for the return to him of a blank ballot, and full instructions as to marking the said ballot and its proper return to the said registrars. If the voter is making application for a ballot because of physical disability, there shall also be included a certified statement from a licensed physician to the effect that such voter will be unable to vote in person, because of said physical disability. Application. Section 3. Section 34-3303 of the Code, as amended, which relates to marking the ballot, is hereby amended by changing the . at the end of the first sentence to a , and adding thereafter the following: except that if physical disability makes it necessary, the voter may receive assistance from the person who is to be the witness.,

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so that Section 34-3303 when so amended shall read as follows: Code 34-3303 amended. Upon the receipt of the letter, forwarded by the registrars, as is hereinafter provided, the applicant shall open the sealed envelope marked `ballot within' in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, and shall then and there mark and refold the ballot without assistance and without making known the manner of marking the same, except that if physical disability makes it necessary, the voter may receive assistance from the person who is to be the witness. He shall then and there place the ballot within the envelope in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall witness the same in writing, as hereinafter provided. The envelope with the coupon hereinafter described shall be enclosed within the envelope directed to the registrars, and the registration date of same shall be the same as that of the coupon enclosed. Marking ballot. Section 4. Section 34-3307 of the Code, as amended, which relates to opening the envelope of the registrars and secrecy, is hereby amended by adding after the word marked in the second sentence, the words except as provided in Section 34-3303; and by adding after the word enclosed and before the signature line, the following: (If the voter received assistance because of physical disability, strike this last sentence and insert the following: `I assisted the voter because of physical disability.'), so that Section 34-3307 when so amended shall read as follows: Code 34-3307 amended. The applicant shall open the sealed envelope marked `ballot within' in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall mail the same in return. The voter shall mark and refold the ballot without assistance and shall not disclose the manner in which it has been marked, except as provided in Section 34-3303, shall seal and sign the voucher, the postmaster or assistant, or any person

Page 735

qualified under the law to attest deeds, signing as witness to said voucher. Opening envelope of registrars. Name Color Height Age Color of Hair Color of eyes Weight (estimated) Birthplace given by voter Occupation State and county where voter claimed to have last voted County State `To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no knowledge whatever of the marking, erasures or intent of the ballot enclosed. (If the voter received assistance because of physical disability, strike this last sentence and insert the following: I assisted the voter because of physical disability.) `In the Army and Navy a commissioned officer, commanding officer, or commissioned representative, shall sign the foregoing in lieu of the postmaster, or any other person qualified under the law to attest deeds. In territory without the jurisdiction of the United States the consular officer shall sign the certificate.' Section 5. Section 34-3308, as amended, which relates to the voucher signed by applicant receiving ballot, is hereby amended by adding at the end thereof the following: If the voter, because of physical disability, received assistance, the person who serves as witness may fill in the blanks and sign for the voter, making a notation of the reason for such act., so that Section 34-3308 when so amended shall read as follows: Code 34-3308 amended.

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The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: `This is to certify that the enclosed ballot was received by me from the registrars or the Ordinary of County, State of Georgia. The envelope marked ballot within was opened by me in the presence of (postmaster, or any person qualified under the law to attest deeds, consul or commissioned officer), of, marked while in the office, without assistance or knowledge on the part of any one as to manner in which same was prepared, and then and there sealed as provided by law. Voucher. (Signed) Teste: Date, 19' If the voter, because of physical disability, received assistance, the person who serves as witness may fill in the blanks and sign for the voter, making a notation of the reason for such act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1955. UNIFORM ACT REGULATING TRAFFICAMENDMENTS. No. 420 (House Bill No. 188). An Act to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws, Nov.-Dec. Sess., 1953, pp. 566, et seq.), so as to authorize the governing authorities of cities to adopt ordinances regulating regulating traffic within the corporate limits

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of such cities; to provide punishment for the violation of such ordinances; to prohibit duplicate prosetions; to provide that conviction of ordinance violations shall be considered prior conviction; to provide that this Act shall not apply to counties having a population of less than 108,000; 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 Uniform Act Regulating Traffic on the highways, approved January 11, 1954 (Ga. Laws, Nov.-Dec. Sess., 1953, pp. 566, et seq.), be and the same is hereby amended by adding thereto a new section to be appropriately numbered as follows: Section 1. Cities and local authorities may adopt traffic regulations which are not in conflict with the provisions of this Act and may, in order to insure complete uniformity and to expedite enforcement, adopt all or such portions of this Act as to them may seem appropriate as city ordinances for such cities, and the recorder or city judge may punish violations thereof by fines not to exceed those set forth in this Act, and by sentences within the limits of the respective city charters. Provided, however, that if the offense charged constitutes a violation of any provision of this Act, and the defendant elects to have the charge treated as a State offense and waives commitment, the recorder or city judge shall summarily fix his bond and bind his case over to the appropriate State tribunal. Provided, however, that this section shall not apply in counties having a population of less than 108,000 according to the 1950 U. S. census or any future census. Adoption by cities and local authorities. Prosecutions. Section 2. No person tried in any court for a violation of this Act, or any municipal ordinance adopted pursuant thereto, shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this Act shall be considered a prior conviction for all purposes under this Act and under the Act to create the Department of Public Safety

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for Georgia, approved March 13, 1937, and the several Acts amendatory thereof. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1955. INSURANCE COMPANY DEPOSITS WITH TREASURERNOTICE OF CLAIMS. No. 421 (House Bill No. 412). An Act to provide for the disposition of notices of claims against deposits of insurance companies filed with the State Treasurer; to provide that all claims shall expire within a certain time unless renewed; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever a notice of claim is filed with the State Treasurer as provided by law against the bond deposit of any insurance company doing business in Georgia, and said claim has not been withdrawn at the expiration of seven (7) years from the date of such notice of claim, the State Treasurer is hereby authorized to treat such notice as void and not binding upon him unless the notice of claim is renewed within said seven (7) year period. In the event the State Treasurer determines that a claim on which notice has been filed, and not released by claimant, has been settled or disposed of in any manner, he is authorized to proceed as if such notice of claim had never been filed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1955.

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SALE OF FUNERAL MERCHANDISE AND SERVICES ON PREPAYMENT PLAN. No. 422 (House Bill No. 184). An Act to regulate the sale of funeral merchandise and funeral services upon a prepayment plan or when such funeral merchandise or funeral services are sold on the installment plan, and are delivered or performed within ten days from the date of such sales; to provide for the deposit in trust in a bank or trust company authorized to do a business under the laws of the State of Georgia, of not less than eighty-five (85%) percent of all sums paid to the seller under the terms of such sale until such time as the funeral merchandise shall be actually delivered for use, or such funeral services shall be performed; to provide the terms and methods under which such trust funds may be turned over to the seller; to authorize the Superintendent of Banks to make investigations and audits of such trust funds annually, and to proceed by petition for injunction and receivership proceedings against any such seller of funeral merchandise or funeral services violating the provisions of this Act; to provide further that no such contract or sale shall be made in violation of the laws of this State as codified in Section 56-9923 prohibiting the making of any insurance contract by any insurance company, fraternal benefit society, or similar company with a citizen of this State agreeing to furnish merchandise or services upon the death of any person insured; to provide that this Act shall not repeal the provisions of Sections 56-901, 56-9920, 56-9921, 56-9922, nor 56-9923 of the Code of Georgia of 1933; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, every person, firm or corporation who shall sell or offer to sell funeral merchandise and/or funeral services on prepayment plan or under a plan for installment payments of the sale price, who does not deliver such merchandise or perform said funeral services within ten days

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from the date of said sale, shall be governed by and comply with the terms of this Act. Section 2. The words funeral merchandise when used in this Act shall mean articles of merchandise used in interment of dead human bodies, and shall include burial vaults, coffins or caskets, and burial clothing. Funeral merchandise. Section 3. Such sellers shall within five days of the receipt of any sums of money paid to it by the purchaser of said funeral merchandise and/or funeral services, deposit not less than eighty-five (85%) percent of any and all amounts collected on said sale until an amount equal to the seller's cost of such merchandise shall have been deposited in a trust company or in a bank authorized to do a trust business under the laws of the State of Georgia, to the joint credit of the seller and of the purchaser. Seller's deposit. Section 4. When the seller shall have delivered the merchandise and performed the services contracted for, then upon proof of such delivery and performance satisfactory to such bank or trust company, such bank or trust company shall be authorized to pay over the funds in trust to the seller. Payment to seller. Section 5. The State Superintendent of Banks is hereby authorized to make investigations annually for all such trust deposits, and if he shall ascertain that the law is being violated by the seller, to proceed in a court of equity to enjoin further sales of funeral merchandise and/or funeral services of the sellers, to petition the court to have a receiver appointed for such trust funds, and to seek an equitable distribution of said sums to the purchasers who have paid the same to the seller. Actions to enforce. Section 6. No such contract for sale of funeral merchandise or for furnishing funeral services shall be conditioned upon the death of any person, nor shall any such contract or contract of sale be entered into by violation of Code Section 56-9923 of the Code of Georgia of 1933. Section 7. This Act does not repeal and shall not be

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construed as repealing the provisions of Sections 56-901, 56-9920, 56-9921, 56-9922, or Section 56-9923 of the Code of Georgia of 1933. Code, sections. Section 8. All laws or parts of laws in conflict herewith, which are not specifically excepted from repeal in Section 7 hereof, are hereby repealed. Approved March 16, 1955. WESTERN ATLANTIC RAILROADINTERVENTION OF PUBLIC SERVICE COMMISSION IN INTERSTATE COMMERCE COMMISSION PROCEEDING. No. 101 (House Resolution No. 170-550b). A Resolution. Directing the Georgia Public Service Commission to intervene in Interstate Commerce Commission Finance Docket No. 18845 as the official representative of the State of Georgia for the purpose of participating in all hearings and other proceedings in such docket as the interests of the State of Georgia in general and The Western Atlantic Railroad in particular might appear and for further purposes. Whereas, the State of Georgia owns a line of railroad between Atlanta, Georgia, and Chattanooga, Tennessee, 133.96 miles in length and valued in excess of thirty million dollars, known as the Western Atlantic Railroad, and Whereas, the said Western Atlantic Railroad is under lease to the Nashville, Chattanooga St. Louis Railway for a period of fifty years, ending December 27, 1969, and

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Whereas, the Act of 1915, under which the Western Atlantic Railroad is leased to the Nashville, Chattanooga St. Louis Railway, forbids the lessee to sublet or re-lease the said Western Atlantic Railroad, or any part thereof, without the approval in writing of the Governor of the State of Georgia, and Whereas, the State of Georgia has been officially advised by the Interstate Commerce Commission that the Louisville Nashville Railroad Company and the Nashville, Chattanooga St. Louis Railway have made application to that body for authority to merge the Nashville, Chattanooga St. Louis Railway into the Louisville Nashville Railroad Company, such application being designated as Interstate Commerce Commission Finance Docket No. 18845, and Whereas, the effect of the proposed merger on the railroad property of the State of Georgia cannot be determined without full and complete participation in the investigation in said Finance Docket No. 18845, and Whereas, the State of Georgia should insist that any approval of the proposed merger by the Interstate Commerce Commission provide adequate safeguards for the continuation of the proper, efficient, and unrestricted operation of the Western Atlantic Railroad property, Therefore, be it resolved, that the Georgia Public Service Commission be directed to intervene in Interstate Commerce Commission Finance Docket No. 18845 as the official representative of the State of Georgia for the purpose of participating in all hearings and other proceedings in such docket as the interests of the State of Georgia in general and the Western Atlantic Railroad in particular might appear. Be it further resolved, that the Georgia Public Service Commission be directed to urge the Interstate Commerce Commission to include in any order which that

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body might issue granting approval of the merger, provisions prohibiting the cancellation of present routing or the imposition of routing restrictions which would in any manner interfere with the free and unrestricted movement of freight and passenger traffic over the entire length of the Western Atlantic Railroad. Be it further resolved, that the Chairman of the Atlantic and Western Railway Committees of the Senate and the House of Representatives be informed by the Chairman of the Georgia Public Service Commission of the progress of the proceedings in Interstate Commerce Commission Docket No. 18845 and the two committee chairmen above named are hereby permitted to attend any and all hearings on said docket, provided however, that no general appropriation shall be made for their expenses. Be it further resolved, that this shall be a joint resolution of the House of Representatives and the Senate of the State of Georgia, and that upon the approval of the Governor of the State of Georgia that the Clerk of the House of Representatives be, and he is hereby directed to send three certified copies of the resolution to the Chairman of the Georgia Public Service Commission. Approved March 16, 1955.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1955 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGINO PORTER. INC. HAPEVILLE, GA.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1955 CITY COURT OF VALDOSTAJUDGE'S SALARY. No. 2 (House Bill No. 157). An Act to amend an Act establishing the City Court of Valdosta, in and for the County of Lowndes (Ga. Laws, 1901 p. 176 et. seq.), and Acts amendatory thereto, so as to provide for a change in the salary of the Judge of said City Court of Valdosta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 4 of the Act establishing the City Court of Valdosta, in Lowndes County, Georgia, approved December 11, 1901, (Ga. Laws, 1901, p. 176 et seq.), as amended by various supplementary Acts, including

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an Act approved August 14, 1929, (Ga. Laws, 1929, p. 492), be further amended by striking from said Section 4 the words and figures thirty-six hundred dollars ($3600.00), and inserting in lieu thereof the words and figures six thousand dollars ($6,000.00), so that said Section 4 as amended will read as follows: Sec. 4 amended. Section 4. That there shall be a judge of said City Court of Valdosta who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be for four years and until his successor shall be appointed and qualified, and all vacancies in the office of the judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may then be in session, or, if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said City Court of Valdosta shall receive a salary of six thousand dollars ($6,000.00) per annum, and shall be paid monthly or semi-monthly out of the treasury of the County of Lowndes by the person charged by law with the paying out of the money of Lowndes County. Judge. Salary. Section 2. Be it further enacted by the authority aforesaid, that this bill shall become effective immediately upon its approval. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Section 4. Notice of the intention to apply for the passage of this Act has been duly published, as provided by law, and proof of such publication is attached hereto. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1955 session of the General Assembly of Georgia, a bill to increase the salary of the Judge of the

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City Court of Valdosta, Lowndes County, Georgia. This December 6th, 1954. /s/ G. Troy Register Representative, Lowndes County, Georgia. /s/ J. E. Mathis Representative, Lowndes County, Georgia. Georgia, Lowndes County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, G. Troy Register and J. E. Mathis, who, after being duly sworn, depose and on oath say that they are the two Representatives from Lowndes County, Georgia in the 1955 General Assembly of the State of Georgia, and that the attached copy of notice of intention to introduce local legislation was published in The Valdosta Times, which is the newspaper in Lowndes County, Georgia in which the sheriff's advertisements are published, on the following dates, to wit: December 10th, 1954, December 17th, 1954, and December 24th, 1954. /s/ G. Troy Register /s/ J. E. Mathis Representatives, Lowndes County, Georgia. Sworn to and subscribed before me, this 8th day of January, 1955. /s/ Nina Connell Notary Public, Lowndes County, Ga. My commission expires June 19, 1956. (Seal) Approved February 1, 1955.

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TROUP COUNTYCOMPENSATION OF CERTAIN OFFICERS. No. 4 (House Bill No. 25). An Act to repeal an Act relative to the salaries of officials in certain counties, approved February 25, 1949 (Ga. Laws 1949, p. 1460); to provide for the compensation of the Clerk of Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for the method by which compensation shall be fixed in the future; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide that in all counties of the State of Georgia, having a population, according to the official United States census of 1940, and any future census of the United States, of not less than 40,000 inhabitants and not more than 50,000 inhabitants, so as to change from the fee system to the salary system in such counties the annual compensation received by the clerk of the superior court, the sheriff, the ordinary, the tax collector, the tax receiver, and the tax commissioner; to make provisions regulating the carrying out of said change; to regulate the disposition of costs; to provide salaries for said officers; to empower said fiscal authorities of the counties to fix such salaries; and for other purposes, approved February 25, 1949 (Ga. Laws 1949, p. 1460), is hereby repealed in its entirety. Act of 1949 repealed. Section 2. The compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Troup County is hereby placed on a salary basis in lieu of a fee basis, as hereinafter provided. Fee system abolished.

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Section 3. The Clerk of the Superior Court of Troup County shall be compensated in the amount of eight thousand five hundred dollars ($8,500) per annum, to be paid in equal monthly installments from the funds of Troup County. This compensation shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex-officio clerk of any other court. Such compensation shall be paid through December 31, 1956. Clerk of superior court. Section 4. The Sheriff of Troup County shall be compensated in the amount of eight thousand five hundred dollars ($8,500) per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. Such compensation shall be paid through December 31, 1956. Sheriff. Section 5. The Ordinary of Troup County shall be compensated in the amount of eight thousand dollars ($8,000) per annum, which shall cover all services of such official, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be paid through December 31, 1956. Ordinary. Section. 6. The Tax Commissioner of Troup County shall be compensated in the amount of eight thousand dollars ($8,000) per annum, to be paid in equal monthly installments from the funds of Troup County. This compensation shall be in full payment for all services for receiving and collecting taxes due the State, county, or any other subdivision and for discharging any and all other duties imposed by law. Such compensation shall be paid through December 31, 1956. Tax commissioner. Section 7. At least 30 days prior to the expiration of any period for which the compensation of the aforesaid officials has been established, the Board of Commissioners of Roads and Revenues of Troup County shall meet and establish the compensation of such officials for the succeeding term of office of said officials; and such

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compensation shall be fixed at not less than $6,000.00 and not more than $9,000.00 per annum. The first salaries, or compensations, to be fixed by said board under this section shall be fixed on or before 30 days next before January 1, 1957. How filed. Section 8. While the number of deputies, assistants and other help and their compensation shall be determined by said board, the said officials shall from time to time, as the needs of their offices may require, recommend to the said board the number of such deputies, assistants and other help needed by each of them together with the suggested compensation to be paid each. All supplies, material and equipment reasonably required in the discretion of said board by said officials shall be furnished by Troup County. Deputies and assistants. Section 9. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law, either now or hereafter, to be received or collected for services rendered by any officer herein named, shall be received and collected by all of said officers, and each of them, for the sole use of Troup County, and shall be held as public moneys belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer showing such collections and sources from which collected. Fees costs, etc. Section 10. It is intended that the salaries herein fixed and provided for shall represent the sole compensation of said officials from all sources; any additional compensation that may by law accrue to and be received by any officer herein named shall be deducted from the salary herein provided for and such salary reduced to such extent for the year in which received. Intent of Act. Section 11. In the distribution of all costs among officers to whom this Act applies, both in particular cases or matters and all insolvent costs and all fines, forfeitures and fees which may become due and payable after the

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effective date of the Act, Troup County shall be subrogated to the rights and claims of such officers who, but for this Act, would be entitled to compensation out of any fines, forfeitures and fees, and shall be, after the effective date of this Act, entitled to all funds, moneys or emoluments accruing to any of the officers herein named. After the effective date of this Act, when orders on the insolvent fund or other charge or findings are entered and approved in the name of each officer entitled thereto, the same shall be entered and approved in the name of the respective officer for such portion of said moneys as he is entitled to for the use and benefit of Troup County. The procedure now in force by which officers shall collect the costs, as to the distribution thereof, shall remain in force but, as herein provided, all such sums shall be collected for the use of Troup County and shall be paid monthly to Troup County by such officer. Section 12. Should any part, portion or section of this Act be declared invalid, the remainder shall stand. Section 13. This Act shall become effective on the first day of the month following the month of its approval or its otherwise becoming a law. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Section 15. 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 (Code Section 2-1915). A copy of said notice and the proof of publication required by said Constitution is hereto attached and made a part hereof. Georgia, Troup County. In person before the undersigned authority comes Roy

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C. Swank, who, being sworn, deposes and says that he is publisher of the LaGrange Daily News; that the same is a newspaper published in LaGrange, Troup County, Georgia; that said newspaper is one of general circulation; that the same is the newspaper in which sheriff's advertisements for Troup County, Georgia, are published, and deponent says that the following notice hereto attached as a part hereof was published in said newspaper on the following dates: December 24, 1954; December 31, 1954, and on January 7, 1955. Legal Advertisement. Legal No. 6078, Dec. 24, 31; Jan. 7. Georgia, Troup County. Notice is hereby given, in conformity with the Constitution of the State of Georgia (Code Section 2-1915), that there will be introduced in the General Assembly of Georgia at its session commencing on January 10, 1955 a certain bill, the caption of which is as follows: A bill to be entitled an Act to repeal an Act relative to the salaries of officials in certain counties, approved February 25, 1949 (Ga. Laws 1949, p. 1460); to provide for the compensation of the Clerk of Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for the method by which compensation shall be fixed in the future; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. This December 24, 1954. F. G. Birdsong C. O. Lam Representatives-Elect of Troup County. /s/ Roy C. Swank

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Sworn to and subscribed before me, this January 8, 1955. /s/ Eleanor H. Orr Notary Public, Troup County, Georgia. My commission expires: Nov. 17, 1957. (Notarial Seal) Approved February 2, 1955. EAST THOMASTONCORPORATE LIMITS. No. 5 (House Bill No. 84). An Act to amend the Acts approved August 16, 1909, August 9, 1920, August 6, 1927, July 27, 1929 and March 15, 1937, incorporating the Village of East Thomaston, in Upson County, Georgia, by reducing the corporate limits of said village and to repeal so much of said Acts as embrace property which is by this Act excluded; 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 corporate limits of the Village of East Thomaston, in Upson County, Georgia shall be and the same are hereby reduced as follows: By removal from the said corporate limits of said village, and beyond said corporate limits as they shall be constituted after the passage of this Act, the following described tract of land, now within the corporate limits of said village: Beginning at a point 3,960 feet north 86 degrees and 50 minutes east of the center of the three-quarter mile radius circle bounding the limits of the City of Thomaston, Georgia, then run east a distance of 1,113.52 feet to a point, then run north 6 degrees 41.5 minutes west a distance of 501.70 feet to a point, then run south 88 degrees 43.72 minutes west a distance of 1,110.28 feet to the corporate limits of the City of Thomaston, Georgia, then run in a southerly direction

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following the arc of the corporate limits of the City of Thomaston, Georgia a distance of 477.115 feet to the beginning point. Territory removed. Section 2. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the jurisdiction, authority, ordinances, rules and regulations of the said Village of East Thomaston shall not extend to nor apply to the said territory described in section one above. Section 3. Be it further enacted by the authority aforesaid, that so much of the above recited Acts approved August 16, 1909, August 9, 1920, August 6, 1927, July 27, 1929 and March 15, 1937, incorporating said Village of East Thomaston, not in conflict with this Act, is not intended to be repealed, but same shall remain in force, but so far as said Acts are in conflict with this Act, the same are hereby repealed. Section 4. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution of the State of Georgia relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Copy of Notice. Notice of Proposed Amendment to the Charter of the Village of East Thomaston, Georgia. As required by Paragraph XV of Section VII of Article III of the Constitution of Georgia, notice is hereby given that the undersigned intend to apply to the 1955 session of the General Assembly of Georgia for the passage of local legislation seeking to amend the charter of the Village of East Thomaston, the title of such Act to be as follows:

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`An Act to amend the Acts approved August 16, 1909, August 9, 1920, August 6, 1927, July 27, 1929 and March 15, 1937, incorporating the Village of East Thomaston, in Upson County, Georgia, by reducing the corporate limits of said village and to repeal so much of said Acts as embrace property which is by this Act excluded; and for other purposes.' This 28th day of December, 1954. /s/ L. A. Mallory, Jr. /s/ Johnnie L. Caldwell. Georgia, Upson County. Before me the undersigned officer authorized to administer oaths personally appeared Leon Smith, who on oath says that he is managing editor of The Thomaston Times, a newspaper published in the City of Thomaston, being of general circulation and being the newspaper in which the sheriff's advertisements for Upson County, Georgia are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in The Thomaston Times once a week for three weeks as required by law; said dates of publication being December 31, 1954, January 7, 1955 and January 14, 1955. The Thomaston Times By: Leon Smith /s/ Sworn to and subscribed before me this 15th day of January, 1955: /s/ Dickson Adams Notary Public, Upson County, Georgia. My Commission expires March 22, 1958. (Seal) Approved February 3, 1955.

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GARDEN CITYCORPORATE LIMITS. No. 6 (Senate Bill No. 48) An Act amended the several Acts relating to and incorporating the Town of Garden City, relating to, amendatory thereof and supplementary thereto, which has heretofore been amended, by fixing and prescribing and extending the corporate limits of said town: and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, the corporate limits of the Town of Garden City shall include the present limits of said town, and in addition certain lands adjacent thereto, the limits of said town being as hereinafter described, to wit: All that certain tract of land situate in Chatham County, Georgia, and being more particularly described, as follows: beginning at a point, being the southeast corner of the intersection of the southern right-of-way line of Pipemaker Canal and the eastern right-of-way line of the Atlantic Coast Line Railroad; thence eastwardly and meandering along the southern right-of-way line of the Pipemaker Canal to the western property line of the Georgia Ports Authority; thence southwardly along the western property line of the Georgia Ports Authority to the eastern right-of-way line of United States Highway No. 17 (Port Wentworth Road); thence southwardly along the eastern right-of-way line of United States Highway No. 17 (Port Wentworth Road) to a point being approximately 2,231.38 feet south of the southeast corner of intersection of Brampton Road and United States Highway No. 17, said point on the eastern right-of-way line of said highway being at a right angle to the southern property corner of Lot A of the Foundation Tract, as shown upon that certain map or plan prepared for Realty Associates, Inc. by M. F. Smith, C. E. May, 1936, of record in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Map Book A Folio 9;

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thence south 61-24' west a distance of 75 feet to a galvanized iron pipe which is the southern corner of said Lot A of said Foundation Tract, located on the western right-of-way line of United States Highway No. 17; thence north 54-44' west a distance of 211.9 feet to a stake: thence south 48-21' west a distance of 21.8 feet to a nail in a hickory tree; thence north 44-41' west a distance of 5.4 feet to a stake which is the southeast corner of Lot 1 of Lamar Subdivision; thence south 46-24' west along the southern property line of Lot 1 of said Lamar Subdivision a distance of 782.6 feet to a point located on the eastern right-of-way line of Georgia Highway No. 21 (Augusta Road); thence north 52-38'-30 west along the eastern right-of-way line of Georgia Highway No. 21 a distance of 1956.8 feet to a point on the eastern right-of-way line of said highway, which point is the intersection of the eastern right-of-way line of Georgia Highway No. 21 and a projection of the southern lot line of Lot. No. 12 of the Lamar Subdivision; thence south 45-47'-30 west across Georgia Highway No. 21 a distance of 1,203.54 feet to a point; thence north 43-07'-30 west a distance of 505.4 feet to a point; thence south 54-10'-30 west a distance of 37.2 feet to a point; thence north 43-02'-30 west a distance of 402.7 feet to a point which is located on the northern right-of-way line of the Atlantic Coast Line Railroad and the southern property line of Chatham Villa Subdivision; thence running westwardly along the northern right-of-way line of the Atlantic Coast Line Railroad to the northeast corner of the intersection of the northern right-of-way line of said Atlantic Coast Line Railroad and eastern right-of-way line of the main line of the Atlantic Coast Line Railroad; thence northwardly along the eastern right-of-way line of the main line of the Atlantic Coast Line Railroad to the southern right-of-way line of Pipemaker Canal, being the point of beginning. Corporate limits. Section 2. Be it enacted by the authority aforesaid all laws or parts of laws in conflict with the provisions with this Act, be and the same are hereby repealed. Section 3. There is attached hereto and made a part

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hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. Affidavit of publication attached to enrolled copy. Approved February 3, 1955. AMERICUS CHARTER AMENDMENTS. No. 7 (House Bill No. 123). An Act to amend an Act entitled An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and Acts amendatory thereof, by establishing and incorporating a utility commission for said city; and, further to amend said charter, as amended, by striking the first unnumbered paragraph of Section 9 of the Acts of 1951 of the General Assembly of Georgia, creating a merit system for said city (pages 2007 to 2014 of the Acts of aforesaid) and by amending same; and, to further amend said charter, as amended, to provide the hours of holding all municipal elections in said city; and, to further provide for the opening and the closing of voters registration lists in said elections; to further amend said charter, as amended, by amending Section 14 of the Acts known as the Americus Retirement System (1950 Acts of General Assembly, pages 2230 to 2239) with reference to the restoration of separated employees to the service of the city; to further amend said charter, as amended, to provide for a referendum on any ad valorem tax increase above the present charter ceiling or limitation; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority aforesaid, that the Act entitled an Act establishing a new charter for the City of Americus, Georgia, approved November

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11, 1889, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are hereto attached and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. There is hereby created a gas commission to be known as the Utility Commission, to consist of three upright, intelligent citizens of sound business discretion of the City of Americus, whose duties and powers it shall be to take charge of, operate and maintain the present or future gas system for natural gas distribution in said city. The Utility Commission shall be a quasi-municipal corporation. Said three members, hereafter called commissioners, shall be appointed by the mayor and city council of said city for a term of one, two and three years, and every year thereafter the mayor and the city council of said city shall appoint a new commissioner for a term of three (3) years. In the initial appointments of commissioners said mayor and city council of said city shall designate which member shall serve one, two and three years. Utility commission. Members. (b) Each commissioner shall receive the same pay and allowance now or hereafter provided for the aldermen of said city. Compensation. (c) Commissioners may be appointed for more than one term to succeed themselves by the mayor and the city council of said city. Any vacancy created by death, resignation of member or otherwise shall be filled in the same manner as original appointments and such appointment shall be only for the unexpired term of said member causing said vacancy. Appointment.

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(d) The commissioners shall determine and elect one of its members chairman of said utility commission. (e) The commissioners shall, before entering upon the duties of said utility commission, take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record, in book, to be kept for such purpose, that is the acts and doing of said commission, a full report of which shall be made quarterly to the Mayor and City Council of Americus, Georgia; provided, however, that the mayor and city council of said city by the adoption of a resolution to that effect, may change the time of said reports. The books, vouchers and papers of said utility commission shall be subject to inspection at any time by persons authorized to do so by the mayor and city council of said city. Oath. Records, reports. (f) Members of said utility commission may be removed from office by said mayor and city council and each member thereof serves at the pleasure of said appointing authority. Removal. (g) A majority of the membership of the utility commission shall constitute a quorum for the transaction of business, and all contracts and engagements, acts, and doings of said utility commission, within the scope of their authority, shall be obligatory upon, and be in the law considered as if done by the proper authority, and also be obligatory upon the mayor and city council of said city as if done by said Mayor and City Council of Americus, Georgia. Quorum. Powers. (h) Said utility commission shall take complete charge of the natural gas system now or hereafter in existence, and said utility commission shall hire and discharge all employees in said system, including the superintendent thereof, but all salaries shall be made to conform with the salary schedule as may be determined by the mayor and city council of said city. All employees employed by said commission shall be hired and employed pursuant to the provisions of the Act known as the Americus Merit

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System Act, as amended, and the Americus Retirement System Act, as amended and subject to such reasonable rules and regulations as may be authorized by said Acts by the mayor and city council of said city. Said utility commission shall also have the authority to make all purchases of materials and supplies for said system and authority to make such contracts as may be necessary in the operation of said system, but all shall be subject to the final approval of the mayor and city council of said city, and further subject to any conditions or limitations or restrictions that may exist by reason of an ordinance enacted by said city prior to the passage of this Act relating to the sale of and the payment of the gas revenue certificates, sold for the purpose of financing the initial natural gas distribution system for said city. Employees. Contracts. Said commission shall have full authority and power to build, construct, lay, maintain and operate gas main lines outside of and beyond the corporate limits of the City of Americus, Georgia, for the purpose of furnishing said product or service to persons living outside of its corporate limits; provided, that no such gas mains shall extend beyond the territorial limits of Sumter County, Georgia, and shall not be laid or constructed unless adequate funds are in hand for the payment of the entire cost thereof, unless the number of customers to be served shall be sufficient to justify the cost thereof and furnish sufficient revenue to provide an adequate return upon the investment involved. Said City of Americus shall have full power and authority to acquire, purchase, own, lease and hold all easements and right-of-way and other property, real and personal, necessary or required in the laying or construction of such mains and lines, including buildings and structures if necessary, 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 utility commission shall have full power and authority to fix and to prescribe the rates to be charged for such services outside of said city's corporate limits, and to alter, change, amend, increase or decrease said rates from time to time as they in their discretion may

Page 2020

determine, and may charge a higher rate than is charged for similar service within the corporate limits of said city. Such rates shall at all times be sufficient to provide for maintenance, repair and depreciation for such mains 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 utility 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. Powers. All rates, unless otherwise directed by appropriate changes in the city charter, shall be made in conformity with the contract now existing between said City of Americus and the holders of the gas revenue certificates as set forth in an appropriate ordinance enacted for such purpose prior to said sale and prior to the passage of this Act. All other provisions and requirements of aforesaid ordinance shall be complied with and to such an extent the Mayor and City Council of Americus, Georgia, shall retain such control of the affairs and the business of the utility commission as may be necessary to insure that all the requirements of aforesaid ordinance are fully met and satisfied. Rates. There shall be no increase in natural gas rates without first giving to the citizens of Americus written notice of intention to increase rates, setting forth in said written notice the amounts of increase and such other pertinent data and information as will give to said citizens and customers the intent and purpose of the proposed increase and amount of proposed increases. The written notice shall be given by publishing once a week for four consecutive weeks in the official gazette for said city the notice of intent to increase rates, setting forth therein sufficiently clear the above data and information. All hearings on any proposed increase in natural gas rates shall be public and opened to all who desire to appear

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and to participate therein. Those desiring to be heard may notify said utility commission. The commission has the right and authority, if it so decides, to have the entire proceedings recorded by a reporter in the same manner in which judicial proceedings are reported in the Superior Court for Sumter County, Georgia. The utility commission is hereby declared to be a body corporate and politic, which shall be deemed to be an instrumentality of the City of Americus, Georgia, designated as the Utility Commission, and by that name and style may contract or be contracted with (subject to limitations provided by this Act), sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The seal of said utility commission shall be the same now or that may be hereafter adopted and used by the City of Americus, Georgia. Increase. Consumers or property owners shall have the full right of appeal from any decision rendered or determined by the utility commission to the Superior Court for Sumter County, Georgia, provided that first the party desiring to appeal file with the utility commission a written notice of his intention to appeal and setting forth the ground or grounds for complaint and appeal and provided further that the written notice of intention to appeal is filed with the utility commission not later than ten (10) days after the decision or determination complained of. Said complaining party shall have twenty (20) days after filing said notice in which to appeal to the superior court for aforesaid county, and upon the expiration of this twenty day period the utility commission shall have fifteen (15) days in which to reply or to respond appropriately to said appeal. Appeal. (i) It shall be the duty of the utility commission, if directed appropriately by the mayor and city council of said city, to make itemized monthly reports, in addition to any quarterly reports herein provided, and these reports shall show all receipts and disbursements, on account of the natural gas system of said city; and in addition thereto said mayor and city council may require the filing with said city such bills and receipts deemed necessary

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and essential by the mayor and city council of said city. The mayor and city council may also require said utility commission to perform such other act or acts as may be necessary pursuant to any provision of the ordinance enacted by aforesaid city relative to the sale of the natural gas revenue certificates and enacted prior to the passage of this Act. Said utility commission members may be required to appear before the mayor and city council of said city for the purpose of inquiring and examining into any matter affecting the financial status of the natural gas system. The said mayor and city council shall have the power and authority to order or to make an independent investigation into any matter affecting the natural gas system of said city and without said city. Reports, investigations, etc. (j) The utility commission shall have the power and authority to adopt rules and regulations respecting the introduction of natural gas into and upon any premises, and from time to time to regulate the use of natural gas in such manner as shall seem to them necessary and proper, provided such rules and regulations do not conflict or contravene the ordinance enacted by said city relative to the sale of natural gas revenue certificates prior to the passage of this Act. It shall also have authority and power to make any rule and regulation necessary and essential to insure the operation of said system and to preserve and to maintain said system, subject to any limitations herein provided and stated. The utility commission shall have power and authority to examine all surface pipes, stopcocks and other apparatus connected with said natural gas system, 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 person so offending shall, upon conviction, be fined not exceeding fifty dollars ($50.00), or be imprisoned not exceeding fifty (50) days, either or both, or by fine with an alternative of such imprisonment. In addition the utility commission may shut off the supply of natural gas until the required

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examination is made, and such alterations and repairs are completed as necessary. The utility commission shall have the right and power to adopt rules providing that, when natural gas meters show signs of having been tampered with for the purpose of voiding 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 natural gas used during such period, the supply of natural gas may be cut off the premises until such demand is paid, provided notice is given property owner or consumer of the intention to cut off natural gas. Rules and regulations. Nothing herein stated shall be construed as preventing the Mayor and City Council of Americus, Georgia, from adopting such ordinances as it deems necessary and proper to promote, foster, preserve, maintain and protect said system. Said utility commission shall have the right, power and authority to require payments in advance for natural gas furnished by them in or upon any building, place or premises; where the payment in advance is not required, for nonpayment they may shut off the natural gas from such building, place or premises; and shall not be compelled again to supply said premises or places with natural gas until the arrears with interest thereon, shall be fully paid. In addition to all other methods authorized for the enforcement of the payment of natural gas charges, execution thereon may be issued against the person, firm or corporation actually using or consuming the same, which execution shall be signed by the superintendent of natural gas 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 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 lien for taxes,

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and notice of such liens is charged to all persons dealing with said defendant, and said lien or liens shall not be divested by any sale of defendant's property. Executions. The utility 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 utility 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 hands, during their continuance in office, and said bond or bonds, to be payable to the City of Americus, Georgia. Bonds of employees. (k) All proceeds received and all moneys deposited shall be held separate and distinct from all other funds or moneys of the City of Americus, Georgia, and shall be only used for the purposes herein set out and also for the purposes set out and forth in the ordinance enacted prior to the passage of this Act, relative to sale of natural gas revenue certificates. The provisions of said ordinance, with reference to the establishment of the various funds for specified purposes, shall be followed as therein required until such times said contract and ordinance are changed appropriately by law, altered or modified. Funds. The Mayor and City Council of Americus, Georgia, shall determine the necessary procedures and records for setting up funds to be used by the utility commission in the payment of expenses, salaries, debts, and such other authorized items for payment. The said mayor and city council shall further determine the method and procedure to be followed and used in the handling of all bills for consumers and property owners using natural gas, upon request by the utility commission, and to further provide for the utility commission such office space, facilities and accommodations as may be required by the utility commission from time to time. Section 3. An Act creating the Americus Merit System, approved January 29, 1951 (Ga. Laws 1951, pp. 2007 to 2015), is hereby amended by striking in its entirety,

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Section 9 and inserting in lieu thereof a new Section 9 and to read as follows: Sec. 9, Act of 1951, amended. No person in the employment of the city or in the classified service of the city, shall be appointed, promoted, reduced, removed or relieved of employment because of his political or religious opinions or affiliations. It is hereby recognized that such employees shall have the full freedom of expression and shall not be subjected to any intimidation by any elected or appointed official of the City of Americus, Georgia. City employees. Section 4. An Act creating and establishing the charter for the City of Americus, Georgia, approved November 11, 1889 (Acts of 1889, pp. 961 to 975) as amended, is hereby amended, by adding the following new section to be appropriately numbered and to read as follows: Act of 1889 amended. The Mayor and City Council of Americus shall by ordinance prescribe one or more voting places, or election precincts, within said city. The polls at every such election held within the corporate limits of said city, such elections as the primaries, general elections, special elections, referendums regardless of nature or subject matter, water revenue certificate, natural gas revenue certificates, bonds, and any other election now or hereafter authorized or provided by law, shall be opened at 7:00 A. M. and close at 7:00 P. M., in all such elections. Elections. Section 5. An Act establishing the charter for the City of Americus, Georgia, approved November 11, 1889 (Acts of 1889, pp. 961 to 975), as amended, is hereby amended by adding the following new section to be appropriately numbered, and to read as follows: The clerk and treasurer, or such other person as may be designated by the Mayor and City Council of Americus, Georgia, shall keep open, during the hours of transacting business with said city, a list or book for the registration of voters who may qualify in compliance with such laws as may be of force at such time, and to remain open for registration until two weeks before any election

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duly held in said city. A list shall be kept and maintained for the information of the citizens of said city. Registration of voters. Section 6. An Act establishing the Americus Retirement System, approved February 8, 1950 (Acts of 1950, pp. 2230 to 2239), and as amended, January 31, 1951 (Acts of 1951, pp. 2061 to 2065), is hereby amended by adding the following paragraph to follow the fourth unnumbered paragraph of Section 14, and to be known and designated as unnumbered Paragraph Number 5 of Section 14, and to read as follows: Notwithstanding any other provision to the contrary, the Mayor and City Council of Americus, Georgia, shall, upon the restoration of any former employee to the employment of the city, restore said employee upon his application, to full service with full credit for all previous service made while formerly employed by said city, so as to prevent said employee from suffering any loss for all prior service, insofar as the pension plan is concerned, provided said employee, upon his application, pay into the pension fund a sum equal to what his contributions would have been had he not been separated from the service of the city. Said employee, if otherwise qualified, shall not become eligible for retirement and pension benefits until he serves a minimum of five years from date of restoration. All former employees restored to the employment of the city shall be eligible for such application, provided such employee was restored prior to the passage of this Act and has complied with all requirement thereof. Former employees separated and restored more than once shall not be eligible to participate pursuant to these provisions. Retirement system. Section 7. An Act entitled An Act establishing a charter for the City of Americus, Georgia, approved November 11, 1889 (Acts of 1889, pp. 961 to 975), as amended by the Acts of the General Assembly approved August 20, 1923; March 24, 1941; February 17, 1949; approved February 5, 1951; approved February 12, 1952; and approved March 2, 1953; and in particular amending Acts of 1953 (pp. 2794 to 2796) by adding the following

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new paragraph to Section 2 and to follow same, and to be known as Section 2 (b), and to read as follows: Notwithstanding any other provision to the contrary, any proposed increase above the present maximum millage of 13 mills for ad valorem tax for the City of Americus, Georgia, shall be submitted to the qualified voters of said city in a referendum called for such purpose by the mayor and city council of said city. Any such referendum may be called by the mayor and city council by appropriate resolution, provided that no referendum shall be held for such purpose until after a thirty day (30) notice is given to the qualified voters of said city, by publishing said notice once each week for four consecutive weeks in the official gazette for said city, preceding said referendum. Said published notice shall contain the amount of the proposed increase in ad valorem tax above maximum allowable millage, the purposes of such proposed increase, and such other and additional data and information as the mayor and city council of said city deem advisable. The ballots shall be appropriately marked for such referendum. And any referendum held for the purpose of increasing the maximum allowable millage for ad valorem tax shall be submitted to the qualified voters of said city, as herein provided, and all qualified voters shall be eligible to vote at such voting place or precincts as said mayor and city council may determine. The polls shall be opened at the hour of 7:00 A. M. and shall close promptly at the hour of 7:00 P. M. In any such referendum, if a majority of ballots cast approve said referendum, said increase shall be effective once the results have been officially determined and announced by the Mayor and City Council of Americus, Georgia. Ad valorem tax. Section 8. An Act establishing the charter for the City of Americus, Georgia, approved November 11, 1889 (Acts of 1889, pp. 961 to 975), as amended on February 1, 1951 (Acts of 1951, pp. 2089 to 2090), is hereby amended by amending Section 16, as amended, of Acts of 1889, by striking the words three hundred dollars wherever the same appears and substituting in lieu thereof the

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words six hundred dollars wherever necessary, so said section as amended will read as follows: The salary of the aldermen shall not exceed six hundred dollars per annum, to be fixed by ordinance. Aldermen's salary. Section 9. If any portion or part of this Act or the application thereof be declared unconstitutional, the remainder of the Act or the application thereof shall not be invalidated. Section 10. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Sumter County. Personally came before me the undersigned officer, Rudy Hayes, who, after being duly sworn on oath deposes and says that he is the managing editor of the Americus Times Recorder, a newspaper published and having general circulation in the County of Sumter and the State of Georgia 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 December 24, 31, 1954 and January 7, 1955. /s/ Rudy Hayes Rudy Hayes, Managing Editor. Sworn to and subscribed before me this January 15, 1955. /s/ H. B. Williams Notary Public, State At Large, Georgia. My commission expires: February 20, 1956. Legal Ads. Legal No. 4498. Notice of Intention to Introduce Local Legislation.

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Notice is hereby given by the undersigned, at the specific request of duly elected officials of the City of Americus pursuant to their authority, to introduce at the January, 1955 session of the General Assembly, an omnibus local bill, the caption of which is as follows: An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and Acts amendatory thereof, by establishing and incorporating a utility commission for said city; and, further, to amend said charter, as amended, by striking the first unnumbered paragraph of Section 9 of the Acts of 1951 of the General Assembly of Georgia, creating a merit system for the City of Americus, Georgia, (pp. 2007 to 2014 of the Acts aforesaid) and by amending same; and, further, to amend said charter, as amended, to provide the hours of holding all municipal elections in said city; and to further provide for the opening and the closing of voters' registration lists in said elections; and, to further amend said charter, as amended, by providing an amendment that any alderman of said city shall be eligible to seek the office of mayor, and, if elected, the alderman shall resign immediately before taking the oath of office of mayor; to further amend said charter, as amended, by amending Section 14 of the Act known as the Americus Retirement System (1950 Acts of General Assembly, pp. 2230 to 2239) with reference to the restoration of separated employees to the service of the city; to further amend said charter, as amended, by amending the Act establishing the permanent board of education for said city, to provide there shall be five members on said board of education, and to further provide that the alderman serving as chairman of the committee on education or public schools shall be the only ex-officio member of said permanent board of education with voting authority on said board; to further amend said charter, as amended, to provide for a referendum on any ad valorem tax increase above the present charter ceiling or limitation; and for other purposes. This advertisement will appear in the following editions of the Americus Times-Recorder: December 24, 31,

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1954; and January 7, 1955, pursuant to the request of the duly elected officials of the City of Americus, as required by law. This December 23, 1954. Jack Murr, Representative. Thad M. Jones, Representative-Elect. Approved February 3, 1955. ECHOLS COUNTY BOARD OF EDUCATIONPURCHASES. No. 8 (House Bill No. 34). An Act to amend an Act entitled An Act providing that purchases made by the County Board of Education of Echols County shall be done by public bidding; to provide that notice of such purchases shall be published for a certain period; to provide that purchases shall be for a thirty-day period; to make it a misdemeanor to violate this Act; to provide for punishment; to provide for the posting of receipts and disbursements by said board in certain localities at certain times; to repeal conflicting laws; and for other purposes, approved February 2, 1953 (Ga. Laws 1953, January-February session, p. 2002), by repealing Section 1 and Section 2 of said Act in their entirety, said sections providing for all purchases made by the County Board of Education of Echols County to be done by public bidding, for said board to have advertised in the official news organ of said county a statement disclosing the purchasing needs of said board, and for purchases of said board to be in such amounts as to fulfill the needs of said board for a thirty-day period; 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 providing that purchases made by the County Board of Education of Echols County shall be done by public bidding; to provide that notice of such purposes shall be published for a certain period; to provide that purchases shall be for a thirty-day period; to make it a misdemeanor to violate this Act; to provide for punishment; to provide for the posting of receipts and disbursements by said board in certain localities at certain times; to repeal conflicting laws; and for other purposes, approved February 2, 1953 (Ga. Laws 1953, January-February session, p. 2003) is hereby amended by striking Section 1 of said Act in its entirety, said Section 1 reading as follows: Sec. 1, Act of 1953 amended. Section 1. All purchases made by the County Board of Education of Echols County shall be done by public bidding. It shall be the duty of said board to have advertised in the official news organ of said county a statement disclosing the purchasing needs of said board. Said advertisement shall be placed in said official news organ each day for five days prior to the acceptance of any bids. Purchases. Section 2. Said Act approved February 2, 1953 (Ga. Laws 1953, January-February Session, p. 2003), is hereby amended further by striking Section 2 of said Act in its entirety, said Section 2 reading as follows: Sec. 2 amended. Section 2. All purchases made by said board are to be in such amounts as to fulfill the needs of said board for a thirty-day period, unless an unforeseen emergency should arise, then the superintendent of schools may recommend in writing to the school board that the emergency expenditure be made and that such recommendation shall state the nature of the emergency and it shall be recorded in the minutes of said board and ratified by a majority vote of the board thereof. Same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Section 4. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publications of notice of intention to apply for the passage of this local legislation have been fully complied with. Notice of Local Bill. Notice is hereby given that in the next session of the General Assembly of Georgia convening in January, 1955, the undersigned will apply for the passage of a local bill for the purpose of abolishing the existing requirement of the law that Echols County Board of Education must make all purchases by public bidding, and to abolish the requirement that all purchases of said board be for a thirty-day period, and for other purposes. /s/ Louis T. Raulerson Representative-elect, Echols County, Georgia. /s/ J. L. Wetherington Senator-elect, Sixth Senatorial District. Georgia, Lowndes County. Personally appeared before me the undersigned officer authorized by law to administer oaths, E. M. Turner, who, being duly sworn says on oath that he is secretary-treasurer of The Valdosta Press, Inc., publisher of the Valdosta Daily Times, the newspaper in which sheriff's advertisements for Echols County are published. Deponent states that the within and foregoing legal ad entitled Notice of Local Bill was published in the Valdosta Daily Times in the issues of December 17, December 24, and December 31, each in the year 1954. /s/ E. M. Turner

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Sworn to and subscribed before me this 6th day of January, 1955. /s/ Hazel Pollard Notary Public (Seal) Notary Public, Lowndes County, Ga. My commission expires March 15, 1955. Approved February 4, 1955. COUNTY COURT OF ECHOLS COUNTYAMENDMENTS. No. 9 (House Bill No. 32). An Act to amend an Act approved March 11, 1953, (Ga. Laws 1953, January-February session, p. 3195) entitled: An Act to abolish the County Court of Echols County as established by an Act entitled `An Act to create a county court in each county of the State of Georgia except certain counties therein mentioned,' approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended; to exclude Echols County from the provisions of said Act; to create a new county court; to define its jurisdictions and powers; to provide for the election of a judge; to name the first judge of said court; to provide for a solicitor; to provide for a clerk of court; to provide for a sheriff of said court; to provide compensation for officers of the court; to prescribe the duties of officers of the court; to provide for the pleading and practice of said court; to provide for appeals; to repeal conflicting laws; and for other purposes; to repeal the provision that the Clerk of the Superior Court of Echols County shall be the ex officio clerk of said county court; to provide for the judge of said county court to act as ex officio clerk of said court; to provide for the duties, powers, and compensation of said judge and ex officio clerk; to amend and clarify the provisions of said Act relating to costs, fines, and forfeitures; to amend said Act with respect to the jurisdiction,

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practice, and procedure of said county court; to provide for the appointment of a prosecuting attorney or solicitor pro tem.; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the said Act described in the caption hereof is hereby amended as follows: Section 1. Section 4(a), relating to civil jurisdiction, is hereby repealed in its entirety and there is hereby enacted in lieu thereof the following: (a) The jurisdiction of the county court shall extend to all civil cases of contract or tort (save where exclusive jurisdiction is vested in the superior court) where the principal sum claimed in cases of contract or damages in cases of tort does not exceed five hundred dollars ($500.00). Civil jurisdiction. Section 2. Subparagraph (c) of Section 4 of said Act is hereby amended by striking the word judge wherever the same appears and substituting therefor the word court, so that said subparagraph as amended shall read as follows: (c) Any person desiring to bring his claims within the jurisdiction of the county court may do so by remitting or releasing so much of his claims as will bring it within the jurisdiction aforesaid of the county court. Same. Section 3. Section 4 of said Act is hereby further amended by adding a new subparagraph at the end thereof as follows: (1) Said county court shall hold twelve (12) terms a year, each term beginning on the last Monday in each month. The terms of the months of January, April, July, and October shall be known as quarterly terms. Terms. Section 4. Section 9 of said Act, relating to fees and

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costs of the county judge and clerk of the court is hereby repealed in its entirety and there is hereby enacted in lieu thereof the following: Section 9. The fees and costs of said county judge for his services as judge in said court shall be as follows: for the foreclosure of mortgages, the partition of personalty, the removal of intruders, or tenants holding over, for the certiorari of any case, for trial of possessory warrants, and the like, three dollars ($3.00); and where no provision is made for fees and costs, then his fees and costs for services as judge shall be such as are allowed by law to justices of the peace. In addition, the county judge shall collect fees and costs for his services as ex officio clerk the same as are allowed by law to clerks of the superior courts. He shall retain for his own use all fees and costs collected for his services as both judge and ex officio clerk in civil cases. All fees, costs, forfeitures and penalties arising in criminal cases shall be received and collected by said officer for the use of the county and shall be disposed of as hereinafter set forth. Fees, costs, etc. Section 5. Section 12 of said Act relating to certiorari is hereby amended by striking from said Section 12 the words at any place in the county, so that said Section 12 as amended shall read as follows: Section 12. The county judge shall have the right to try any and all of the criminal cases which may properly come before him, and the right to certiorari from his decision and judgment in all criminal cases shall exist as in all civil cases, and the certiorari shall be obtained and disposed of, either in term or vacation, in the following mode, to wit: Such certiorari may be had under the sanction and order of the Judge of the Superior Court of the circuit in Echols County, in all criminal cases, upon a petition in writing, by the defendant, to said judge, complaining of errors and showing sufficient grounds of error, in thirty (30) days after such trial. This petition shall state the grounds of complaint, and give a brief of the material evidence, and be duly sworn to. Certiorari.

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Section 6. Section 18 of said Act is hereby amended by striking from said Section 18 the last sentence thereof, which reads as follows: Said office shall be kept open every day, except Sundays and public holidays. so that said Section 18 as amended shall read as follows: Section 18. The county judge shall keep his offices and all papers and other things belonging thereto, at the county site and at the courthouse. Office. Section 7. Section 24 of said Act, relating to salary of the judge of said court, is hereby repealed in its entirety and there is hereby enacted in lieu thereof the following: Section 24. For his services as judge and ex officio clerk of said county court, said officer shall be paid not less than the sum of four hundred dollars ($400.00) per annum, out of the county treasury of Echols County, which salary shall be paid in monthly installments due on the first Monday of each month for the preceding month. Said judge shall, in addition to said salary, be permitted all fees herein allowed for his services as both judge and clerk in civil cases. The county commissioners by majority vote may increase said salary not to exceed six hundred dollars ($600.00) per annum. Judge's salary. Section 8. Section 25 of said Act, relating to the Clerk of the Superior Court of Echols County acting as ex officio clerk of said county court, is hereby repealed in its entirety and there is hereby enacted in lieu thereof the following: Section 25. The judge of said county court shall be the ex officio clerk of said court. Said judge shall, before entering upon duties as ex officio clerk, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said county court. Clerk. Section 9. Section 28 of said Act, which reads as follows: Section 28. The clerk of said county court shall be paid forty dollars ($40.00) per month, from the county

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treasury to be paid by the county commissioners monthly, and the sheriff thereof shall receive for all services the same fees as are allowed by law for like services in the superior court. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies, to enforce the collection of their fees and costs in said county court as they are now entitled to in the superior court. The clerk of county court shall collect all costs, fines and forfeitures of the county court, and pay same into the county treasury. The county commissioners shall pay the judge, clerk, and sheriff of said court all salaries and costs to which they are lawfully entitled. is hereby repealed in its entirety and there is hereby enacted in lieu thereof the following: Section 28. The sheriff shall receive for all services in the county court the same fees as are allowed by law for like services in the superior court. The officers of said county court shall be amenable to the same processes and penalties as are like officers in the superior courts, and they shall be entitled to the same remedies to enforce the collection of fees and costs (whether the same be for the benefit of the officers individually or for the use of the county) accorded to like officers in the superior courts. The judge and ex officio clerk of said county court shall collect all costs, fines, and forfeitures in all criminal cases in said court and shall on or before the first Monday in each month pay over all of such sums received and collected during the last preceding term, to the Commissioners of Roads and Revenues of Echols County, together with a written, itemized statement showing the source of such funds. The commissioners of roads and revenues shall pay the sheriff, solicitor pro tem., or any other officer, all costs for services in criminal cases in said court to which they are lawfully entitled, upon the presentation of an itemized statement, approved by the judge of said court. Fees, costs, etc. Section 10. The judge of said county court may, in his discretion, appoint any member of the bar of the State of Georgia to act as prosecuting attorney or solicitor

Page 2038

pro tem. in any criminal case, provided, that no county official shall be appointed to act as prosecuting attorney or solicitor pro tem. in any case. Said solicitor pro tem., when so appointed, shall be entitled to the same compensation for services so rendered as provided by law for solicitor-generals, which compensation shall be paid from general funds of the county. Solicitor pro tem. Section 11. This Act shall become effective on the first of the month following the month in which the same is approved by the Governor. Section 12. Be it further enacted by the authority aforesaid that if any sentence, section, or part of this Act shall be held to be unconstitutional, the remaining portion shall remain of full force and effect. Section 13. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are expressly repealed. Section 14. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publications of notice of intention to apply for the passage of this local legislation have been fully complied with. Notice of Local Bill. Notice is hereby given that in the next session of the General Assembly of Georgia, convening in January, 1955, the undersigned will apply for the passage of a local bill which shall amend the Act approved March 11, 1953, which Act created a new county court of Echols County, so as to repeal the provision that the Clerk of the Superior Court of Echols County shall be the ex officio clerk of said county court; to provide for the judge of said court to act as ex officio clerk of said court; to provide for the duties, powers, and compensation of

Page 2039

said judge and ex officio clerk; to change and clarify the provisions of said Act relating to costs, fines, and forfeitures of said county court; to make certain changes relating to the jurisdiction, practice, and procedure of said county court; and for other purposes. /s/ Louis T. Raulerson Representative-elect, Echols County, Georgia. /s/ J. L. Wetherington Senator-elect, Sixth Senatorial District. Georgia, Lowndes County. Personally appeared before me the undersigned officer authorized by law to administer oaths, E. M. Turner, who, being duly sworn says on oath that he is secretary-treasurer of the Valdosta Press, Inc., publisher of the Valdosta Daily Times, the newspaper in which sheriff's advertisements for Echols County are published. Deponent states that the within and foregoing legal ad entitled Notice of Local Bill was published in the Valdosta Daily Times in the issues of December 17, December 24, and December 31, each in the year 1954. /s/ E. M. Turner. Sworn to and subscribed before me this 6th day of January, 1955. /s/ Hazel Pollard Notary Public Notary Public, Lowndes County, Ga. My commission expires March 15, 1955. (Notarial Seal) Approved February 4, 1955.

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ECHOLS COUNTY COMMISSIONERSAMENDMENTS. No. 10 (House Bill No. 33). An Act to amend an Act approved February 3, 1953 (Ga. Laws 1953, January-February session, p. 2054), amending, revising, superseding, and consolidating the laws creating and governing the Commissioners of Roads and Revenues of Echols County; to provide for the term of office or employment, time of election or appointment, qualifications, powers, and duties of the clerk of said commissioners, the county attorney, the superintendent of county roads and other county employees; to amend Section 10 of said Act relating to funds and county depository; to change the residence requirements of candidates for the office of commissioners of roads and revenues; 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. Section 7 of the Act approved February 3, 1953, (Ga. Laws 1953, January-February session, p. 2054), amending, revising, superseding, and consolidating the laws creating and governing the Commissioners of Roads and Revenues of Echols County is hereby amended by inserting between the words paid and fifty the words not more than and by striking from said Section 7 the last two sentences thereof which read as follows: Matters not entered in said minutes shall not be binding on said commissioners nor on other persons. Said clerk shall be a resident of Echols County for more than two years prior to his election. so that said section as amended shall read as follows: Section 7. Said commissioners shall elect a clerk bi-annually, who shall be paid not more than fifty dollars ($50.00) per month. Such clerk shall keep all the minutes and other records of said commissioners, and shall

Page 2041

record in the minutes all action taken by said commissioners. Clerk. Section 2. Section 8 of said Act approved February 3, 1953 (Ga. Laws 1953, January-February session, p. 2054), is hereby amended by striking said Section 8 in its entirety and substituting in lieu thereof the following: Section 8. Said commissioners may at any time appoint a county attorney whose duty it shall be to counsel with said commissioners on legal matters and perform such other legal services as may be required of him. He shall be paid a monthly sum for normal services not to exceed $50.00 per month. This section shall not be construed to prevent the commissioners from employing said county attorney or other attorneys for extraordinary services as may be required or for litigation. County attorney. Section 3. Section 9 of said Act approved February 3, 1953 (Ga. Laws 1953, January-February session, p. 2054), relating to the superintendent of roads is hereby amended by striking said Section 9 in its entirety and substituting in lieu thereof the following: Section 9. Said commissioners may employ a superintendent of county roads and such other employees as they may deem necessary in order to work the roads and perform such other duties as may come within the power and under the jurisdiction of the commissioners. Superintendent of roads. Section 4. Section 10 of said Act approved February 3, 1953 (Ga. Laws 1953, January-February session, p. 2054), relating to funds is hereby amended by striking said Section 10 in its entirety and substituting in lieu thereof the following: Section 10. Said commissioners shall maintain a county depository or depositories in which money receipts shall be deposited and from which withdrawals shall be made by checks. The clerk shall keep a complete and accurate record of all county funds in such manner as said commissioners shall provide, and which shall be simple

Page 2042

and easy to understand and keep, but full and complete. No withdrawals from the depositories shall be made unless by check approved by a majority of the said commissioners, signed by the chairman and clerk and the approval entered in the minutes. Funds. Section 5. Section 14 of said Act approved February 3, 1953 (Ga. Laws, 1953, January-February session, p. 2054), relating to qualifications of the commissioners is hereby amended by striking the last sentence of said section which reads as follows: No person shall be deemed to be qualified to hold said office unless he is a bona fide resident of the road district from which he seeks to be a candidate and who has also been a bona fide resident of said district for a period of six months prior to the election. and substituting in lieu thereof the following: No person shall be deemed to be qualified to hold said office unless he is a bona fide resident of the road district from which he seeks to be a candidate and who has also been a bona fide resident of said district for a period of one year prior to the commencement of the term of office. Qualifications. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publications of notice of intention to apply for the passage of this local legislation have been fully complied with. Notice of Local Bill. Notice is hereby given that in the next session of the General Assembly of Georgia convening in January, 1955, the undersigned will apply for the passage of a local bill, which bill shall be entitled: An Act to amend

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an Act approved February 3, 1953, (Ga. Laws 1953, January-February session, p. 2054), amending, revising, superseding, and consolidating the laws creating and governing the Commissioners of Roads and Revenues of Echols County; to provide for the term of office or employment, time of election or appointment, qualifications, powers, and duties of the clerk of said commissioners, the county attorney, and superintendent of county roads and other county employees; to amend Section 10 of said Act relating to funds and county depository; to change the residence requirements of candidates for the office of commissioners of roads and revenues; to repeal conflicting laws; and for other purposes. /s/ Louis T. Raulerson Representative-elect, Echols County, Georgia. /s/ J. L. Wetherington Senator-elect, Sixth Senatorial District. Georgia, Lowndes County. Personally appeared before me the undersigned officer authorized by law to administer oaths, E. M. Turner, who, being duly sworn, says on oath that he is secretary-treasurer of the Valdosta Press, Inc., publisher of the Valdosta Daily Times, the newspaper in which sheriff's advertisements for Echols County are published. Deponent states that the within and foregoing legal ad entitled Notice of Local Bill was published in the Valdosta Daily Times in the issues of December 17, December 24, and December 31, each in the year 1954. /s/ E. M. Turner. Sworn to and subscribed before me this 6th day of January, 1955. /s/ Hazel Pollard Notary Public Notary Public, Lowndes County, Ga.

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My commission expires March 15, 1955. Notarial Seal Affixed. Approved February 4, 1955. GARDEN CITY CHARTER AMENDED. No. 12 (Senate Bill No. 30). An Act to amend the charter of the Mayor and Councilmen of the Town of Garden City and the several Acts amendatory thereof: providing for increasing the number of councilmen from five to seven; changing the dates for the registration of voters; 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. Section 2 of the corporate charter of the Mayor and Councilmen of Garden City contained in the Georgia Laws of 1941 on pages 1461-1471 be and is hereby amended by striking the word and figure five (5) in line three (3) of said section and inserting in lieu thereof the word and figure seven (7) so as amended said Section 2 shall read as follows: Section 2. Be it further enacted that the municipal government of Garden City shall be vested in a mayor and seven (7) councilmen, who are hereby constituted a body corporate under the name and style of Garden City, and by that name and style shall have perpetual succession, shall have a common seal, and be capable to purchase, have, hold, receive, enjoy, possess, and retain to them and their successors, and to sell, lease and convey, any property, real or personal, of whatever kind or nature, within or without the corporate limits of said town, for corporate purposes; and shall, by said name, be capable of suing and of being sued. Mayor and council.

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Section 2. That Section 3 of said charter contained in the Georgia Laws of 1952 on pages 2303-2309 be amended by striking the said section in its entirety and inserting in lieu thereof a new Section 3 which shall read as follows: Section 3. That an election of a mayor and seven (7) councilmen shall be held upon the first Monday in December, 1955, and every two (2) years thereafter on the same day, and the hours of voting at such election shall be between seven o'clock in the forenoon and seven o'clock in the afternoon. The mayor and councilmen hereafter elected and qualified shall hold their respective offices until their successors are duly elected and qualified. Election. Section 3. That Section 10 of said charter contained in the Georgia Laws of 1941 on pages 1461-1471 be amended by striking the said section in its entirety and inserting in lieu thereof a new Section 10 which shall read as follows: Section 10. Be it further enacted that the mayor shall cause to be opened at a place within the corporate limits, a list for the registration of voters which list shall be kept open during such reasonable hours as the mayor may prescribe, each and every day excepting Sundays and legal holidays until sixty (60) days preceding the day of election when such list shall be finally closed. Registration of voters. Section 4. Be it enacted by the authority aforesaid all laws or parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Section 5. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. Affidavit of publication attached to enrolled copy. Approved February 7, 1955.

Page 2046

POLICE PENSIONS IN CERTAIN CITIES. No. 13 (Senate Bill No. 11). An Act to amend the Act approved February 15, 1933 (Ga. Laws 1933, p. 213 et seq.), providing for pensions for members of police departments in cities having population of 150,000 or more, according to the last census of the United States or any subsequent census thereof, and for the other purposes more fully set out in the caption of said Act, and the several Acts amendatory thereof, so as to provide additional pension protection for such members and their dependents; to provide optional pension provisions for those members now on the payroll of such departments in said cities and those now on retirement under the provisions of existing laws; to provide for the tax upon the salaries of such members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved February 15, 1933 (Ga. Laws 1933, p. 213 et seq.), providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the last census of the United States or any subsequent census thereof, and the several Acts amendatory thereof, be and the same is hereby further amended as follows: Act of 1933 amended. Section 1. The pension benefits provided by this section and the several subsections shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any officer or employee eligible for a pension under this Act who is in the service of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1955. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other

Page 2047

pension benefits and obligations under this Act, as amended. All such officers and employees in the service of the city on the effective date of this Act, who do not in writing, agree to accept the benefits and obligations of this amendment, shall hav their rights and obligations determined under the law as it existed prior to this amendment. (b) When such officer or employee shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such officer or employee during the twelve months immediately preceding his retirement, but not to exceed $150.00 per month except as hereinafter provided. In case the officer or employee has served 26 years or more, the amount of the pension shall be increased $5.00 per month for each full year's active service in excess of 25 years. The records kept in the office of the chief finance officer of such city shall be conclusive as to the time served. (c) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits of this Act, as amended, for their beneficiaries and for themselves, which benefits shall be increased 50% over the amount set forth in the relevant sections of this Act, as amended, prior to this amendment, providing for partial pensions, pensions for total disability and pensions for beneficiaries. (d) In no event shall the pension to be paid to any officer or employee under the terms of this amendment be in excess of 75% of the average salary paid to such employee during his last three years of employment. (e) The sum of 4% of the salary, not exceeding $300.00, paid to such officer or employee in the event he does not provide for the payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 5%, not exceeding $300.00, of his salary in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries

Page 2048

or wages of all such officers and employees of such city, who consent and agree to the provisions of this amendment. Like deductions shall be made from the salaries of those required to come under this amendment. The sums shall be retained by the comptroller or other chief finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure. (f) This section and the several subsections shall be effective April 1, 1955, and the payments required by the preceding section, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the city, the payments shall begin with the employment or qualification for service. (g) Any person who shall elect to come under the terms of this section, who shall voluntarily retire within a period of three years immediately following the effective date of this section, shall pay into the pension fund an amount which, when added to the amounts deducted by the employer, will equal the total amount that would have been deducted during such three year period had the person remained in the service of the city for the full three year period at the salary he was drawing at the time of his retirement. Such payment shall be made within six months after retirement. In case the required payment is not made within the time specified, the board of trustees shall collect the amount by deductions from future pension payments, in such amounts as they may fix. Past due payments shall bear interest at 6% per annum. No payments shall be required in case of involuntary retirement or death. Section 2. Pension payments due to former officers and employees who have retired as a matter of right and have been awarded pensions under the terms of this Act, shall, hereafter, be increased in the following amounts, and subject to the limitations hereinafter set forth. All such persons, who retired prior to March 28, 1947, shall have their future pension payments increased

Page 2049

$5.00 per month for each full year's active service in excess of 25 years and not in excess of 35 years, and those who retired between March 28, 1947, and before February 15, 1952, and have been awarded pensions under the terms of this Act, shall have their future pension payments increased $1.00 per month for each full year's active service in excess of 25 years and not in excess of 35 years. The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. Provided that no such person, as a result of this amendment, shall draw more than $150.00 per month in pensions. This section shall be effective April 1, 1955. Section 3. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all the rights and duties provided in the amended Act. Temporary employees shall not be required to participate in this Act, as amended. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1955. ATLANTA CHARTER AMENDED. No. 14 (Senate Bill No. 16). 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

Page 2050

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. It shall be the duty of the board of education to see that all public school buildings are closed on all primary and general election days, except insofar as such buildings may be required for the purpose of holding the election. Wilful failure to comply with this provision shall be a misdemeanor, and punishable as such under the gneral law applicable to misdemeanors. Public schools to close on election days. Section 3. The mayor and board of aldermen shall have power and authority to sell, lease out or in any way alien or devote to other uses the property known as the James L. Key Golf Course. James L. Key Golf Course. Section 4. The mayor and board of aldermen, in addition to all other payments required to be made in the several pension funds, shall appropriate and pay from funds derived from sources other than taxation, a sufficient amount monthly to provide for the increase in pension payments to former officers and employees who retired prior to the enactment of this Act. Pensions. Section 5. That all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 7, 1955.

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FIREMEN'S PENSIONS IN CERTAIN CITIES. No. 15 (Senate Bill No. 15). An Act to amend the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167-173) and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920, and any subsequent census, so as to provide additional pension benefits; to require additional payments into the pension funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167-173), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920, and any subsequent census, and the several Acts amendatory thereof, be and the same is hereby further amended as follows: Section 1. The pension benefits provided by this section and the several subsections shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any officer or employee eligible for a pension under this Act, who is in the service of the city prior to the effective date of this amendment, may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1955. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the service of the city on the effective date of this Act, who do not in writting agree to accept the benefits and obligations of this amendment, shall have their rights and obligations

Page 2052

determined under the law as it existed prior to this amendment. (b) When such officer or employee shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such officer or employee during the twelve months immediately preceding his retirement, but not to exceed $150.00 per month except as hereinafter provided. In case the officer or employee has served 26 years or more, the amount of the pension shall be increased $5.00 per month for each full year's active service in excess of 25 years. The records kept in the office of the comptroller or chief finance officer of such city shall be conclusive as to the time served. (c) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits of this Act, as amended, for their beneficiaries and for themselves, which benefits shall be increased 50% over the amount set forth in the relevant sections of this Act, as amended, prior to this amendment, providing for partial pensions, pensions for total disability and pensions for beneficiaries. (d) In no event shall the pension to be paid to any officer or employee under the terms of this amendment be in excess of 75% of the average salary paid to such employee during his last three years of employment. (e) The sum of 4% of the salary, not exceeding $300.00, paid to such officer or employee in the event he does not provide for the payment of pension to his beneficiary as authorized by this Act, as amended, and the sum of 5%, not exceeding $300.00, of his salary in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such officers and employees of such city, who consent and agree to the provisions of this amendment. Like deductions shall be made from the salaries of those required to come under this amendment. The sums shall be retained by the comptroller or other chief

Page 2053

finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure. (f) This section and the several subsections shall be effective the first day of the month following the passage and approval of this Act and the payments required by the preceding section, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the city, the payments shall begin with the employment or qualification for service. (g) Any person who shall elect to come under the terms of this section, who shall voluntarily retire within a period of three years immediately following the effective date of this section, shall pay into the pension fund an amount which, when added to the amounts deducted by the employer, will equal the total amount that would have been deducted during such three year period had the person remained in the service of the city for the full three year period at the salary he was drawing at the time of his retirement. Such payment shall be made within six months after retirement. In case the required payment is not made within the time specified, the board of trustees shall collect the amount by deductions from future pension payments in such amounts as they may fix. Past due payments shall bear interest at 6% per annum. No payments shall be required in case of involuntary retirement or death. Section 2. All regular members of the fire department of such cities, elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as amended by the preceding section, and shall have all the rights and duties provided in this Act, as now amended. Section 3. Pension payments due to former officers and employees who have retired as a matter of right and have been awarded pensions under the terms of this

Page 2054

Act, shall, hereafter, be increased in the following amounts, and subject to the limitations hereinafter set forth. All such persons, who retired prior to March 28, 1947, shall have their future pension payments increased $5.00 per month for each full year's active service in excess of 25 years and not in excess of 35 years, and those who retired between March 28, 1947 and before February 15, 1952, and have been awarded pensions under the terms of this Act, shall have their future pension payments increased $1.00 per month for each full year's active service in excess of 25 years and not in excess of 35 years. The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. Provided that no such person, as a result of this amendment, shall draw more than $150.00 per month in pensions. This section shall be effective April 1, 1955. Section 4. That Section 5 of the amendment to said Act, approved March 9, 1945 (Ga. Laws 1945, pp. 1080, 1084) be amended by adding at the end thereof the following: 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 paid to his estate., so that said section shall read as follows: 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 percentum 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 percentum 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 percentum. If such member should die before being awarded a pension, and should leave no beneficiary entitled

Page 2055

to a pension as such under this Act, the refund shall be paid to his estate. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1955. POLICE PENSIONS IN CERTAIN CITIES. No. 16 (Senate Bill No. 14). An Act to amend an Act providing pensions for members of police departments in cities having a population of 150,000 or more, according to the census of the United States for 1920, or any future Federal decennial census (Ga. Laws, 1933, p. 213 et seq.) as amended, so as to provide for the amount of pension payable to widow of any policeman who has served twenty-five years and has not been placed on a pension but remained in active 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, as follows: Section 1. That Section 4 of the amendment to said Act, approved March 26, 1947 (Ga. Laws 1947, p. 675 et seq.) reading as follows: That when any policeman who has served 25 years and has not been placed on a pension, but has remained in active service, dies, his wife and minor child or children shall receive a pension of not exceeding $75.00 per month until such widow dies or remarries; and in either event, then the pension shall be continued to be paid in the sum aforesaid to the child or children under 16 years of age, and after such child shall attain the age of 16 years, the pension shall cease; and in the event said policeman shall not be survived by a widow or minor child, but shall be survived by a widowed

Page 2056

mother who was dependent upon such policeman at the time of his death, then the pension of not exceeding $75.00 per month shall be paid to said widowed mother during her natural life or until she remarries, it being the intention of this Act, where payment of a pension is provided to a widow of a policeman, that the same shall not be paid unless such widow shall have been married to such policeman for a period of at least 12 months prior to the time of his death. This section shall be retroactive to include any widow of a policeman who may have died since April 1, 1945., be and the same is hereby repealed and the following provisions are enacted in lieu thereof: That when any policeman who has served 25 years, is eligible to retire and has not been placed on a pension, but has remained in active service, dies, his wife and minor child or children shall receive a pension of 75% of the amount of the pension that the policeman would have been entitled to had he retired at the time of his death, said pension to be payable monthly until such widow dies or remarries; and in either event, then the pension shall be continued to be paid in the sum aforesaid to the child or children under 16 years of age, and after such child shall attain the age of 16 years, the pension shall cease, and in the event said policeman shall not be survived by a widow or minor child, but shall be survived by a widowed mother who was dependent upon such policeman at the time of his death, then the pension shall be paid to said widowed mother during her natural life or until she remarries, it being the intention of this Act, where payment of a pension is provided to a widow of a policeman, that the same shall not be paid unless such widow shall have been married to such policeman for a period of at least 12 months prior to the time of his death. This section shall be retroactive to include any widow of a policeman who may have died since March 26, 1947. Section 2. That Section 10 of the amendment to said Act, approved March 8, 1945 (Ga. Laws 1945, pp. 1067, 1074) be amended by adding at the end thereof the following:

Page 2057

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 paid to his estate., so that said section 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 paid to his estate. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1955. PENSION SYSTEM IN CERTAIN CITIES. No. 17 (Senate Bill No. 12). An Act to amend the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265 et seq.), providing that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, and for other purposes, so as to provide increased pension benefits for officers and employees

Page 2058

who are now employed by such city; to provide a system of pension benefits for officers and employees who may hereafter be employed by any such city; to provide for deductions from the compensation paid to officers and employees; to provide for additional pension benefits for beneficiaries, partial pensions and disability pensions; to provide that officers elected by the people shall not be compelled to retire; to provide that any officer or employee who shall have reached his 65th birthday shall have the right to retire; to provide for increased pension benefits for pensioners who have retired prior to March 28, 1947; to provide for matching funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265 et. seq.), to provide that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is further amended as follows: Section 1. The pension benefits provided by this section and the several subsections shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any officer or employee eligible for a pension under this Act, who is in the service of the city prior to the effective date of this amendment, may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1955. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the service of the city on the effective date of this Act, who do not in writing agree to accept the benefits and obligations of this amendment, shall have their rights and obligations

Page 2059

determined under the law as it existed prior to this amendment. (b) When such officer or employee shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such officer or employee during the twelve months immediately preceding his retirement, but not to exceed $150.00 per month except as hereinafter provided. In case the officer or employee has served 26 years or more, the amount of the pension shall be increased $5.00 per month for each full year's active service in excess of 25 years. The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. (c) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits of this Act, as amended, for their beneficiaries and for themselves, which benefits shall be increased 50% over the amount set forth in the relevant sections of this Act, as amended, prior to this amendment, providing for partial pensions, pensions for total disability and pensions for beneficiaries. (d) In no event shall the pension to be paid to any officer or employee under the terms of this amendment be in excess of 75% of the average salary paid to such employee during his last three years of employment. (e) The sum of 4% of the salary, not exceeding $300.00, paid to such officer or employee in the event he does not provide for payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 5%, not exceeding $300.00, of his salary in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such officers and employees of such city, who consent and agree to the provisions of this amendment. Like deductions shall be made from the salaries of those required to come under this amendment. The sums shall be retained by the comptroller or other chief

Page 2060

finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure. (f) This section and the several subsections shall be effective the first day of the month following the passage and approval of this Act and the payments required by the preceding section, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the city, the payments shall begin with the employment or qualification for service. (g) Any person who shall elect to come under the terms of this section, who shall voluntarily retire within a period of three years immediately following the effective date of this section, shall pay into the pension fund an amount which, when added to the amounts deducted by the employer, will equal the total amount that would have been deducted during such three year period had the person remained in the service of the city for the full three year period at the salary he was drawing at the time of his retirement. Such payment shall be made within six months after retirement. In case the required payment is not made within the time specified, the board of trustees shall collect the amount by deductions from future pension payments, in such amounts as they may fix. Past due payments shall bear interest at 6% per annum. No payments shall be required in case of involuntary retirement or death. Section 2. That Section 6 of the 1947 amendment to said Act, described in the caption hereof (Ga. Laws 1947, p. 1638), be and the same is hereby amended to read as follows: All officers and employees who shall have reached their 70th birthday shall be compelled to retire at the end of the calendar year immediately following their 70th birthday, and any officer or employee who shall have reached his 65th birthday shall have the right to retire and shall be entitled to a pro rata pension when so

Page 2061

retiring, whether he has served 25 years or not, which benefits shall be continued to his widow if she is otherwise entitled to a pension. For example, if such officer or employee has served 10 years, he shall be entitled to 10/25ths of the pension that he would be entitled to had he served 25 years. Fractional parts of years shall not be counted. Provided, however, that any officer who is elected for a term prior to his 70th birthday or any officer who was elected prior to the enactment of this Act, shall have the privilege of completing his term of office before he shall be compelled to retire. Provided, further, that the board of education shall be authorized to require employees of the school department to retire upon reaching 65 years of age and that the mayor and general council shall have like powers with respect to other employees covered by this Act. No officer elected by the people shall be compelled to retire. Section 3. In addition to the fund derived from deductions from salaries and wages, as required by the terms of this Act, as amended, or as it may hereafter be amended, it shall be the duty of the governing authorities of such cities to appropriate and pay into the pension fund established by this Act, an amount which shall equal the total amount of such deductions. Should said fund at any time be insufficient to meet and pay said pensions, any such city shall appropriate, from current funds, other than funds derived from ad valorem taxation, sufficient amounts to make up the difference. Section 4. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary employees shall not be required to participate in this Act, as amended. Section 5. Pension payments due to former officers and employees who have retired as matter of right and have been awarded pensions under the terms of this Act,

Page 2062

shall, hereafter, be increased in the following amounts, and subject to the limitations hereinafter set forth. All such persons, who retired prior to March 28, 1947, shall have their future pensions payments increased $5.00 per month for each full year's active service in excess of 25 years and not inexcess of 35 years, and those who retired between March 28, 1947 and before February 15, 1952, and have been awarded pensions under the terms of this Act, shall have their future pension payments increased $1.00 per month for each full year's active service in excess of 25 years and not in excess of 35 years. The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. Provided that no such person, as a result of this amendment, shall draw more than $150.00 per month in pensions which shall include any pension received from the Georgia Teachers Retirement System. This section shall be effective April 1, 1955. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1955. SAVANNAH CHARTER AMENDED. No. 18 (Senate Bill No. 45). An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto relative to the conducting of municipal elections; primary elections; the city general election; providing for the change in the hours in voting in all municipal elections; changing the date on which the registration book for municipal elections is closed; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same:

Page 2063

Section 1. Section 2 of an Act approved August 9, 1912, pages 1246-1248 entitled Savannah, City of, Municipal Elections Regulated is hereby amended by striking the figures and letters 8 a.m. and 5 p.m. from line 6 of said section and inserting in lieu thereof the words 7 o'clock in the morning a.m. and 6 o'clock at night (p.m.) and by striking the word eight from line 7 of said section and inserting in lieu thereof the word eleven so that said section when amended shall read as follows: Section 2. Be it further provided, that the elections for mayor and aldermen shall be held at the time and place and in the manner heretofore provided by law, but there shall be four boxes each for the 1st and 4th districts and three boxes each for the 2nd and 3rd districts, but the polls shall be opened at 7 o'clock in the morning (a.m.) city time and close at 6 o'clock at night (p.m.) city time, the polls being kept open eleven full hours. Voting hours in municipal elections. Section 2. Section 5 of an Act approved August 12, 1914, pages 1162-1171 entitled Savannah, City of, Elections and Voters is hereby amended by striking said section in its entirety and by substituting a new section in lieu thereof, which new Section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid that the Tax Collector of Chatham County or the office charged with his duties shall close the registration book for such municipal elections sixty (60) days before the date of the next succeeding election. Registration. Section 3. Section 11 of said Act approved August 12, 1914, be and the same is hereby amended by striking said section in its entirety and by substituting a new section in lieu thereof, which new Section 11 shall read as follows: Section 11. That the hours of voting at said elections shall be from 7 o'clock in the morning (a.m.) to 6 o'clock at night (p.m.) city time, the polls to be kept open eleven full hours. The managers above provided for shall have

Page 2064

exclusive charge of all details in the arrangement and conduct of said elections, and shall allow not more than two representatives of each contending party or faction to be present when they count the ballots and certify the result of the election, and each manager before undertaking and entering upon the performance of his duties under this Act, shall take an oath before the Clerk of the Superior Court of Chatham County, to be filed in said clerk's office, that he will truly perform the duties of his position. Management of elections. Section 4. General Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Section 5. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. Affidavit of publication attached to enrolled copy. Approved February 7, 1955. CLAYTON COUNTY COMMISSIONERS. No. 19 (House Bill No. 160). An Act to create a three member Board of Commissioners of Roads and Revenues of Clayton County; to provide for commissioner districts; to provide for elections; to provide for qualifications and eligibility; to provide for meetings; to provide for a chairman and a vice-chairman; to provide for filling vacancies; to provide for compensation and allowances; to provide for an office in the courthouse; to provide for an oath; to provide for bonds; to provide for powers and jurisdiction; to provide for recall; to provide for a clerk; to provide for penalties; to provide for an audit; to provide for purchases; to provide for certain employees; to provide for the grading, paving and maintaining

Page 2065

of certain roads and other areas; to provide for a budget; to provide for the sale of property; to provide for opening new streets; to provide for an election to elect two additional members of the board; to provide for effective dates; to provide for specific repeals; to abolish the advisory boards; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective as hereinafter provided and subject to the provisions of subsequent sections, there is hereby created a Board of Commissioners of Roads and Revenues of Clayton County, to be composed of three members. Board. Section 2. For the purpose of electing the members of the board, Clayton County is hereby divided into three commissioner districts. Commissioner District number one shall consist of Militia District number 548 (Riverdale), and Militia District number 1446 (Oak). Commissioner District number two shall consist of Militia District number 1890 (Mountain View), and Militia District number 1644 (Forest Park). Commissioner District number three shall consist of Militia District number 1088 (Jonesboro), Militia District number 538 (Panhandle), Militia District number 1651 (Lovejoy), Militia District number 1406 (Ellenwood), and Militia District number 1189 (Adamson). At the general election in 1956, at which election county officials are elected, a member of the board from eacn of the three districts shall be elected. Any person, in order to be eligible to represent a commissioner district, must reside in the district which he offers to represent and from which he offers as a candidate. All three members of the board, however, shall be elected by the voters of the entire county, rather than by the voters only of the district from which the candidates offer. The first members elected at the election in 1956 shall take office January 1, 1957, for a term of four years, and until their successors are elected and qualified. All subsequent elections shall be held quadrienially on the same day, and

Page 2066

future members shall likewise be elected for a term of four years and until their successors are elected and qualified. Districts. Elections. Section 3. Any person, in order to be eligible for membership on the board, must be at least 30 years of age; must have been a bona fide resident and citizen and tax-payer of Clayton County for the two years immediately preceding the date of the election; must be a freeholder in Clayton County by owning land with fee simple title thereto, said land to be in Clayton County; and must be qualified and registered in Clayton County to vote for members of the General Assembly. A member of the board shall be ineligible to hold any other office of the county, or of the State of Georgia or of the United States, during his term of office on the board. No political party shall ever nominate a candidate for membership on the board by a plurality vote, but shall require the successful candidate for nomination by said political party to obtain a majority of the votes in the first election, or if necessary, in a second primary election, in which said election the two candidates receiving the highest number of votes in the first election shall be the only candidates. Qualifications. Section 4. The board shall hold a regular business meeting on the first Tuesday in each month. The board may have as many other meetings as deemed necessary for the transaction of official business, and such other meetings may be called by the chairman or by any two members of the board. Meetings. Section 5. At the first regular meeting in January of each year, the board shall organize by electing a chairman and a vice-chairman. The chairman and vice-chairman so elected shall serve for the current calendar year and until their successors are elected at the first regular meeting in January of the succeeding year. Any member may succeed himself as chairman or vice-chairman. In the event that the members of the board are unable to elect a chairman, the senior Judge of the Superior Court of Clayton shall designate one of the members as chairman. In the event that the members of the board

Page 2067

are unable to elect a vice-chairman, the senior Judge of the Superior Court of Clayton County shall designate one of the members as vice-chairman. Chairman, Vice-Chairman. Section 6. In the event a vacancy occurs on the board for any reason whatsoever other than expiration of a member's term of office, such vacancy shall be filled in the following manner. It shall be the duty of the Ordinary of Clayton County to call and hold an election not less than 15 nor more than 30 days after the date such vacancy occurs, for the purpose of electing a member of the board from the district in which the vacancy occurs, to serve the unexpired term; except that if the vacancy occurs within 90 days from the date of the regular election to elect a successor, then no special election shall be held and the person elected at the regular election from the district where the vacancy occurs shall also serve for the unexpired term. If the vacancy is in the office of chairman, the vice-chairman shall succeed to the office of chairman and serve for the remainder of such person's term as chairman. In such event, a new vice-chairman shall be elected after the vacancy on the board is filled. If the vacancy is in the office of vice-chairman, a new vice-chairman shall be elected after the vacancy on the board is filled. Vacancies. Section 7. The chairman of the board shall be compensated in the amount of $6,250.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The county shall furnish the chairman with gasoline and oil for his automobile when used for county business and he shall be allowed 5 per mile for the use of his automobile when used for county business, but such mileage allowance shall not exceed $600.00 per annum. Such mileage allowances shall be paid monthly. The other two members of the board shall receive $20.00 per diem, with such per diem payments being made only for meetings, whether regular or called, and such payments shall not exceed $1,000.00 per annum. Such other members shall also be allowed 5 per mile for the use of a personal automobile when used for county business, but such mileage shall not exceed $300.00 per annum.

Page 2068

Such mileage allowances shall be paid monthly. The chairman of the board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the board. All three members of the board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the chairman shall carry out and administer the policies set by the board. Two members of the board shall constitute a quorum for the conducting of business, but it shall always take a concurrent vote of at least two members of the board to make any action official. Compensation and expenses. Quorum. Section 8. The board shall have an office in the county courthouse, and the chairman shall keep the same open for business at all times except Sundays and holidays. Whenever it shall be necessary for the chairman to be away from the office on county business, he shall leave a competent clerk in charge of said office. If the board should move the office from the courthouse to any other place, the term of office of the members of the board voting to move such office or responsible for moving such office shall terminate at once and the vacancy shall exist in such members' places on the board. Office. Section 9. Each member of the board, before entering upon the duties of his office, shall subscribe to an oath before the ordinary of the county to faithfully discharge the duties of his office and to carry out the provisions of this Act to the best of his skill and to the best interests of the entire County of Clayton. The chairman of the board shall give a surety bond signed by a surety company licensed to do business in this State, to be approved by the Ordinary of Clayton County, in the sum of $25,000.00, payable to the ordinary and his successors in office, and conditioned upon the satisfactory discharge of his duties in carrying out the conditions thereof, which bond may be sued upon in the name of the ordinary either on his own motion or by direction of the grand jury of the county. Each of the other members of the board shall give a bond the same as provided for the Chairman, except that the amount shall be $10,000.00.

Page 2069

The premium on each such bond shall be paid from the funds of Clayton County. Oaths, bonds. Section 10. The board shall have exclusive jurisdiction and control of the following matters: In directing and controlling all of the property of the county; in levying taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, bridges, and ferries according to law; in supervising the tax commissioner's books and in allowing the insolvent list of the County of Clayton; in settling all claims, charges and demands against the County of Clayton; in examining and auditing all claims and accounts of officers against the County of Clayton; in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Clayton County or appropriated for its use or benefit and in bringing all such officers to settlement; in electing or appointing all minor officers of said county, where an election is not otherwise provided by law or the provisions of this Act; to have and exercise control and management over the convicts of said county; according to the laws of this State and to exercise such other powers as are granted by law or are indispensable to the carrying out the provisions of this Act. The enumeration of powers and duties hereinbefore made shall not be construed as a limitation of the powers of the board to such powers expressly enumerated. The board is hereby expressly given complete power, authority and control relative to all county matters of Clayton County. Powers and duties. Section 11. The ordinary of said county is hereby empowered and directed to call an election to remove a member from his office at any time within thirty days after a petition signed by one-third of the qualified, registered voters of said county has been filed with said ordinary, in which said petitoin the recall of the such member is demanded. At such election so called by the ordinary such member shall be entitled to be a candidate, if otherwise qualified, and if he is successful in said election shall be entitled to serve the remainder of his term. If he is defeated in said election he shall be immediately

Page 2070

removed from office and shall turn said office over to his successor. In said election no candidate shall be declared elected unless he shall have obtained a majority of all the votes cast in said election and in case no candidate shall receive a majority of the votes cast in said election the ordinary shall call another election in which the two candidates receiving the highest vote in the first election shall be the only candidates. Recall. Section 12. The board is hereby empowered and required to employ and engage the services of a clerk, who shall hold office at the pleasure of the board and shall be compensated in an amount to be fixed by the board. The clerk, before entering upon the duties of his office, shall furnish a bond payable to the ordinary or his successors in office in the sum of $5,000.00. Such bond shall be conditioned upon the satisfactory performance of his duties as clerk, and shall be issued pursuant to and subject to the requirements set out for the bonds of the members of the board. The clerk shall be at least 21 years of age and must not be related to any member of the board by blood or marriage within the third degree. It shall be the duty of the clerk to attend all meetings of the board and to keep a minute of the proceedings in a book kept for that purpose. He shall draw all warrants against the county funds and such warrants shall be signed by him and the chairman. All warrants drawn against county funds shall specify the funds against which they are drawn, and the clerk shall keep a book which may be the stub of such warrants, which shall show the amount of the warrant drawn, to whom payable, on which funds drawn and for what consideration. The clerk shall devote his entire time to the duties of his office and shall keep such office hours in the office of the board at the courthouse as shall be designated by the board. The clerk shall perform such other duties as may be required of him by the board. Clerk. Section 13. It shall be unlawful for any member of the board or the clerk to purchase warrants drawn on county funds and it shall also be unlawful for any member of the board or the clerk to speculate in such warrants.

Page 2071

It shall be unlawful for the board to employ any person related to any member of the board by blood or marriage within the third degree, except the county attorney and the county physician; or to contract with any such person for any materil, equipment or supplies, unless the same be upon competitive bids and the person so related submits the lowest bid therefor. All purchases of supplies and other materials in an amount in excess of $300.00 shall be by competitive bids, with advertisement of said purchases to be published in the official organ of Clayton County once a week for two weeks before the date of the purchase. It shall be unlawful for any member of the board or the clerk to have any financial interests in the transaction of any business in connection with the purchase or sale of any goods or supplies for Clayton County. Any person serving as a member of the board or as clerk who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor, and such person's place shall immediately be declared vacant. Forbidden acts. Section 14. The board shall employ a competent certified public accountant to make an audit of the county financial affairs within 60 days after the first day of January of each year, and copies of this audit shall be filed with the ordinary and the clerk of the superior court for inspection by the public. The board, as soon as practicable after the first Tuesday in each month shall publish in the official organ of Clayton County a statement of all expenditures for the preceding month provided such official organ will publish such statement for not exceeding $5.00. The office of the board and the records kept therein shall be open to inspection by the taxpayers of Clayton County at reasonable office hours. The board shall be the exclusive purchasing agent for the county, except that the ordinary, the clerk of the superior court, the tax commissioner, and the sheriff of said county may make purchases of office supplies for their respective offices in amounts not exceeding $150.00. Accounts. Purchases. Section 15. The board shall have the authority to employ a county physician and a county attorney in such

Page 2072

manner and for such compensation as will serve the best interests of the county. Physician, attorney. Section 16. The board shall cooperate in the grading, paving and maintaining the roads and streets in the various municipalities of said county, and in the grading and maintaining the public parks, playgrounds and school grounds in said county. It shall be unlawful to grade, pave, or repave any roads and streets in any municipality until the governing authorities of such municipality and county governing authority enter into a written contract, showing the project or projects to be undertaken, the cost thereof, and what part of the cost is to be borne by each party to such contract. The contents of said contract shall be published at least one time in the official organ of the county, before such contract shall be legal and effective. Roads. Section 17. At the beginning of each year, and before any money is borrowed for the current operation of the county, a budget shall be adopted, based on requests from the various departments of the county, and the anticipated revenue for such current year, and no warrant shall be issued or constitute a legal charge against said county in excess of said budget, unless the same is approved by the grand jury. In adopting said budget at least 10% of the revenues not otherwise appropriated by law shall be set aside for the development of parks, playgrounds and other recreational facilities for our youth, and any funds authorized for this purpose shall not be disbursed, until applications for this purpose are filed as hereinafter authorized and the same approved by a park commission, composed of the chairman of each local school district. Such commission shall meet by the first day of June in each year and approve or disapprove such applications by a majority vote. It shall be the duty of said commission to make such reasonable rules and regulations as are necessary to carry out the purpose of this Act, and must require that the following conditions be met: Budget. a. All applications must be filed with the county governing

Page 2073

authority on or before the 15th day of May of each year. b. All projects must be for permanent improvements, or facilities and a single application must contain all of the requests for such area or district that a member on such commission represents. c. Each applicant must raise an amount equal to the amount requested and no funds shall be disbursed to any such applicant until such funds have been raised and applied to such projects. d. In the event applications for funds exceed the amount in the budget of said county for such purpose, no application shall be approved for a sum greater than $300.00, until all of such applicants have been provided for to this extent, and the balance of such fund pro-rated among the remaining applications pending. Section 18. No property belonging to Clayton County shall be sold unless the same is sold at public sale after the advertising of the time and place of such sale for at least two weeks in the official organ of Clayton County. Sale of property. Section 19. Before any new streets or roads are opened in Clayton County, the board shall obtain a right-of-way of not less than 60 feet in width and deeds for the same shall be recorded in the office of the clerk of the superior court of said county along with a plat thereof showing where such road begins and ends; provided, however, that in its discretion the board may reduce the above width to 40 feet. Rights-of-way. Section 20. The board may employ a clerk or clerks as may be necessary at such time and for such compensation as deemed proper to assist in the work of and the development of a waterworks system, a sewerage system, and a zoning and planning board. Clerks. Section 21. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor

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or after it otherwise becomes law, it shall be the duty of the Ordinary of Clayton County to issue the call for an election for the purpose of electing a member of the Board of Commissioners of Roads and Revenues of Clayton County from Commissioner District number two and a member from Commissioner District number three, both of which Commissioner Districts have been created hereinbefore. The date of such election shall be set for a date not less than 20 nor more than 30 days after the date of the issuance of the call. 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 Clayton County. All candidates in such election shall meet the qualifications prescribed hereinbefore and the same voting procedure shall be used as prescribed hereinbefore. The person serving as Commissioner of Roads and Revenues of Clayton County under Acts in effect prior to the passage of this Act shall be the third member of the board and shall serve as chairman of the three-man board until the end of his present term of office, which expires December 31, 1956. Inasmuch as the present commissioner resides in Commissioner District number one, no election shall be held therein and he shall be considered as the member of the board from Commissioner District number one. The members elected from the other two districts shall serve through December 31, 1956. The present commissioner, who shall serve as chairman of the three-man board, shall receive the same compensation as he was receiving under the Acts in effect prior to the passage of this Act, and the new compensation for the chairman of the board provided hereinbefore in this Act shall not go into effect until January 1, 1957. The other two members elected shall be compensated in the manner and in the amount provided hereinbefore in this Act for members of the board other than the chairman. It is the purpose of this section to provide for a three-man board as soon as the two members are elected as provided herein and such three-man board shall function subject to the prior sections of this Act relative to the three-man board, with the exception of the provisions contrary thereto provided for in this particular section. Election of members.

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Section 22. An Act creating a Commissioner of Roads and Revenues of Clayton County, approved February 22, 1943 (Ga. Laws 1943, p. 883), is hereby repealed in its entirety and the following Acts which are amendatory of said Act are likewise repealed in their entirety: an Act approved March 26, 1947 (Ga. Laws 1947, p. 742), an Act approved February 9, 1949 (Ga. Laws 1949, p. 456), an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 2610), and an Act approved December 7, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 2078). Any and all other Acts amendatory of the aforesaid Act of 1943 which have not been listed here are likewise repealed in their entirety and any and all Acts relating to the Clayton County Commissioner are likewise repealed in their entirety. The advisory board created under certain of the aforesaid Acts is hereby abolished and the one-man office of county commissioner is likewise abolished, except that the person serving as such shall continue to serve as provided in the preceding section. Acts repealed. Section 23. Should any portion of this Act be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining portions of this Act. Section 24. 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 January 1955 session of the General Assembly of Georgia, a bill to provide for a three-member board of county commissioners with two additional members to be elected; to abolish the advisory board; to provide for compensation; to provide for future elections and terms of office; to prescribe the procedure connected with the foregoing; and for other purposes. This 21 day of Dec. 1954.

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E. Alvin Foster, Representative, Clayton County. Edgar Blalock, Representative, Clayton County. County of Clayton, State of Georgia. This is to certify that the above notice to apply for local legislation was published in the Clayton County News and Farmer, legal organ of Clayton County, on Dec. 23, 30, 1954, January 6, 1955. /s/ W. Lloyd Matthews Editor and Publisher Clayton Co. News Farmer. Sworn to and subscribed before me this January 17, 1955. /s/ Mary L. Matthews Notary Public Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. Seal Affixed. Approved February 8, 1955. FULTON COUNTY CIVIL SERVICE BOARDAMENDMENTS. No. 21 (House Bill No. 85) An Act to amend an Act entitled An Act to create a civil service board in Fulton County; to provide for the appointment and removal and salaries... and for other purposes (Ga. Laws 1943, p. 971, et seq.) as heretofore amended by providing that the members

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of the civil service board shall be elected by the Commissioners of Roads and Revenues of Fulton County; and for other purposes. Be it enacted by the Genral Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to create a civil service board in Fulton County; to provide for the appointment and removal and salaries... and for other purposes (Ga. Laws 1943, p. 971, et seq.) as heretofore amended, be further amended as follows: Section 1. By striking the following language from the second paragraph of Section 3 (1) of said Act: The Chairman of the Fulton County Commissioners of Roads and Revenues shall nominate the members of the board subject to confirmation by a majority vote of the county commission at its next regular meeting after said nominations are made. and inserting in lieu thereof the following: The Fulton County Commissioners of Roads and Revenues by majority vote shall nominate the members of the board subject to confirmation by a majority vote of the county commissioners at its next regular meeting after said nominations are made. so that said section when so amended shall read as follows: Sec. 3. Act of 1943, amended. Section 3. Appointment, removal, compensation and duties of the Civil Service Board. (1) There is hereby created and established the Fulton County Civil Service Board which shall consist of three members of known sympathy to the merit system who shall have been residents of Fulton County for two years or more. The initial members of the Fulton County Civil Service Board shall be as follows: Appointment, removal, compensation and duties. George A Giesefor term ending December 31, 1944. Herman Steinichenfor term ending December 31, 1946. G. Frank Garrisonfor term ending December 31, 1948.

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Thereafter all appointments for the civil service board shall be as follows: The Fulton County Commissioners of Roads and Revenues shall nominate the members of the board subject to confirmation by a majority vote of the county commission at its next regular meeting after said nominations are made. Such nomination shall be announced by publication in the official organ of the county at least one week before said meeting of the county commission. All appointments shall be for a term of six years, and the member shall serve until their successors have been appointed and qualified. The members shall annually elect one of their members as chairman of the board and one member as vice-chairman. Two members of the board shall constitute a quorum for the transaction of business. Vacancies in the office of said civil service board created by death, resignation or otherwise shall be filled by nomination of the chairman and confirmation by the board of county commissioners after publication as provided for regular appointments herein and such appointment shall be for the unexpired term. No member of the board shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of notary public or in the military forces. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day

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personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 6, 13, 20, 27th days of Dec., 1954, and on the 3rd, 10th days of January 1955 as provided by law. /s/ Bessie K. Crowell. Subscribed and sworn to before me this 12th day of January, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January 1955) session of the General Assembly of Georgia for local legislation to amend an Act entitled An Act to create a civil service board in Fulton County... and for other purposes (Ga. Laws 1943, p. 971) and the several Acts amendatory thereof. This December 1, 1954. Harold Sheats, County Attorney, Fulton County. Dec. 6 13 20 tfn. Approved February 8, 1955.

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FULTON COUNTYPARK AND RECREATION AREAS. No. 22 (House Bill No. 90). An Act to amend an Act entitled An Act to establish a method for providing parks and recreational systems in the unincorporated portion of Fulton County.....and for other purposes, approved February 21, 1951 (Ga. Laws 1951, pp. 3282-3286) and the several Acts amendatory thereof so as to provide that the incorporation of the site of any 4-H Club camp or other recreational facility into an incorporated area shall not affect Fulton County's rights to continue the operation thereof under the direction of the county agricultural agent; 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 Act entitled An Act to establish a method for providing parks and recreational systems in the unincorporated portion of Fulton County.....(Ga. Laws 1951, pp. 3282-3286) is hereby amended by striking the period at the end of Section 13 and inserting in lieu thereof a semicolon, and by adding the following language, to wit: provided, the incorporation into any municipality of Fulton County on and after the approval of this Act of any community house, 4-H Club camp, water line or other facility, the site of which was in an unincorporated area of Fulton County when established and constituted, shall not affect the right of Fulton County to continue to operate the same under the direction of the county agricultural agent, or to prevent Fulton County from maintaining and keeping in good repair all of the facilities of the same and no municipality shall acquire any rights in any of said facilities. So that said Section 13 when so amended shall read as follows: Sec. 13, Act of 1951, amended. Section 13. Should there be any community centers or 4-H Club camps and facilities in the unincorporated

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areas of Fulton County, the same may be operated by Fulton County under the direction of the county agricultural agent, Fulton County may maintain and keep in good repair all of the facilities of the same; provided, the incorporation into any municipality of Fulton County on and after the approval of this Act of any community house, 4-H Club camp, water line or other facility, the site of which was in an unincorporated area of Fulton County when established and constituted, shall not affect the right of Fulton County to continue to operate the same under the direction of the county agricultural agent, or to prevent Fulton County from maintaining and keeping in good repair all of the facilities of the same and no municipality shall acquire any rights in any of said facilities. Community centers, 4-H camps. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20, 27th days of Dec., 1954, and on the 4th, 11th days of January 1955 as provided by law. /s/ Bessie K. Crowell

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Subscribed and sworn to before me this 12th day of January, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January, 1955) session of the General Assembly of Georgia for an amendment to the Act entitled An Act to establish a method for providing parks and recreational systems in the unincorporated portion of Fulton County.....and for other purposes, approved February 21, 1951 (Ga. Laws 1951, pp. 3282-3286) and the several Acts amendatory thereof. This December 9, 1954. Harold Sheats County Attorney, Fulton County, Dec 13 20 27 Jan 4 tfn Approved February 8, 1955. BOARD OF EDUCATIONSUPPLEMENT OF FUNDS IN CERTAIN COUNTIES No. 23 (House Bill No. 87) An Act to repeal an Act entitled An Act to require the commissioners of roads and revenues of all counties in the State of Georgia having a population of 300,000 or over 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

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expended; and for other purposes (Ga. Laws 1951, p. 609) to set an effective date for the repeal of said Act: and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that effective December 31, 1955, the Act entitled An Act to require the commissioners of roads and revenues of all counties in the State of Georgia having a population of 300,000 or over 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 (Ga. Laws 1951, p. 609), be and the same is hereby repealed. Act of 1951 repealed. Section 2. All laws and parts of laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 8, 1955. FULTON COUNTYJUDGES' AND SOLICITOR-GENERALS' RETIREMENT SYSTEM. No. 24 (House Bill No. 16). An Act to amend An Act to provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, under certain terms and conditions as prescribed in this Act; to provide that such judges and solicitor-general may, after having served continuously in either or both offices for twenty (20) years, be, at his or their option, entitled to retire by filing with the Governor of Georgia a declaration in writing, advising the Governor that such judges or solicitor-general are retiring under the provisions of this Act; to provide that upon such retirement the

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said judge or judges and/or solicitor-general shall be paid for and during the remainder of his life, by Fulton County, Georgia, and/or its authority, a retirement salary which shall be in each instance, a sum equal to one-half of the salary of such retiring judge or solicitor as he or they may be receiving under the law at the time of his or their retirement; to provide the manner and method of its payment; to create the Judges' and Solicitor-Generals' Retirement Fund of Fulton County; to provide for trustees thereof; to provide for payments into and disbursements from said fund; to repeal all laws in conflict herewith, and for other purposes., approved January 31, 1946, as heretofore amended, so as to provide for the retirement of the Judges and Solicitors-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, assistants and deputies in the office of the Solicitor-General of the Criminal Court of Fulton County, upon their permanent and total disability after at least ten years of qualifying service; to fix the amount of retirement pay such permanently, totally disabled officers shall receive upon such retirement; to provide for a widow of an officer covered by said Act as amended to receive, during widowhood, one-half the retirement pay to which her husband was entitled at the time of his death; to provide that the husband shall make certain payments into the Judges' and Solicitor-General's Retirement Fund of Fulton County in order to qualify for his widow to receive such payments; to provide the terms and conditions under which such widow may receive such benefits, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act entitled An Act to provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, under certain terms and conditions

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as prescribed in this Act; to provide that such judges and solicitor-general may, after having served continuously in either or both offices for twenty (20) years, be, at his or their option, entitled to retire by filing with the Governor of Georgia a' declaration in writing, advising the Governor that such judges or solicitor-general are retiring under the provisions of this Act; to provide that upon such retirement the said judge or judges and/or solicitor-general shall be paid for and during the remainder of his life, by Fulton County, Georgia, and/or its authority, a retirement salary which shall be in each instance, a sum equal to one half of the salary of such retiring judge or solicitor as he or they may be receiving under the law at the time of his or their retirement; to provide the manner and method of its payment; to create the Judges' and Solicitor-Generals' Retirement Fund of Fulton County; to provide for trustees thereof; to provide for payments into and disbursements from said funds; to repeal all laws in conflict herewith and for other purposes., approved January 31, 1946, as heretofore amended, be and the same is hereby further amended as follows: Sec. 5, Act of 1946, amended. By adding a new paragraph to said Act to be numbered 5 (a) and to read as follows: 5 (a): Be it further enacted by the authority aforesaid that the officers covered by this Act who have elected, or who may hereafter elect, to qualify hereunder, after having rendered at least ten years of qualifying service for retirement hereunder, who shall thereafter because of injury or illness, become totally and permanently disabled to perform the duties of his office, which fact shall be judged of by the board of trustees of the Judges' and Solicitors Generals' Retirement Fund of Fulton County may retire under the provision of this Act by complying with Section 2 of the original Act. Upon retiring, such permanently, totally disabled officer shall be paid monthly a sum equal to two and one-half (2-%) per centum of the monthly salary such retiring officer received at the time of his retirement multiplied by the number of years of eligible service rendered by such officer, but in no event to exceed one-half of said monthly

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salary. Said payments to be made out of the Judges' and Solicitor-Generals' Retirement Fund of Fulton County and shall continue throughout the remainder of the life of such totally disabled officer. Disability retirement. Section 2. Be it further enacted by authority aforesaid that said Act be further amended by adding thereto a new section to be numbered 5 (b) and to read as follows: 5(b): Be it further enacted by the authority aforesaid that the officers covered by this Act who have elected, or who may hereafter elect, to qualify for retirement hereunder, shall, within sixty days after the approval of this amendment, or within sixty days after such officer himself qualifies for retirement hereunder, or within sixty days after his marriage, whichever event is later, have the right and option to secure the benefits herein-after provided for his widow, by giving within said time written notice of such intention to the chairman and treasurer of the trustees of the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, and paying, in addition to the payments required for his own retirement, a sum equal to one and two-thirds (1 2/3%) per centum of the salary paid such officer by Fulton County. Said additional payment shall, upon such officer's election to secure such benefits, be deducted in monthly installments from his salary and paid into said Judges' and Solicitor-Generals' Retirement Fund of Fulton County. Pension to widow. The benefits for widows of such officers who have qualified as above provided, shall be as follows: The widow of any officer who had qualified for retirement under this Act and who had elected to secure these benefits for his widow and who had retired or become eligible to retire under the provisions of this Act, or who died in office after having rendered at least ten years of qualified service, shall receive, after the death of her husband and during her widowhood, an amount equal to one-half the amount of retirement pay which her husband was receiving at the time of his death or would have been titled to receive had he elected to retire,

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provided such widow had been the wife of such officer for at least five years before he became eligible for retirement. If any officer covered by this Act should lose his wife by death or divorce, then and in that event no further payments shall be required of such officer for the benefit of his widow unless he shall remarry, in which event the payments shall be resumed as of the date of such remarrying. After having elected to secure these benefits for his widow, no officer covered by this Act may withdraw said election or receive any refund of the one and two-thirds per centum of his salary which has been deducted. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 4. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation, and declares, that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice is hereby attached and made a part hereof. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Dairy Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20, 27th days of Dec., 1954, and on the 3rd, 10th days of January 1955 As provided by law. /s/ Frank Kempton.

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Subscribed and sworn to before me this 10th day of January, 1955. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, notice is hereby given of intention to apply for the enactment of local legislation to amend the Act to provide for the retirement of Judges and Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County, the Judge of the Juvenile Court of Fulton County and the assistants and deputies in the office of the Solicitor-General of the Criminal Court of Fulton County, approved January 31, 1946, as heretofore amended. Said Act appears in Georgia Laws 1946, at page 299. This the 20th day of December, 1954. Hamilton Lokey, Representative of Fulton County in the General Assembly. Dec 20 27 Jan 3 10 Approved February 8, 1955. FULTON COUNTY AND ATLANTA TAXATION No. 25 (House Bill No. 89). An Act to amend an Act entitled An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta

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located in Fulton County; to require the use of a consolidated form for the return of such property for State, county and Atlanta taxes; to require the preparation of digests from such returns; to require the Tax Collector or Tax Commissioner of Fulton County to bill for taxes due on such returns to the City of Atlanta on property in Fulton County and from residents of Fulton County; to require the Tax Collector or Tax Commissioner of Fulton County to receive all payments of such taxes, including interest, made by December 1st of any year; to provide for paying over all sums collected by the tax collector or tax receiver on behalf of the City of Atlanta to said city; to provide for the payment of State and county taxes in Fulton County and the City of Atlanta taxes in installments; to provide for interest and penalties for any default or delinquency in the payment of any installment; to provide for the apportionment of partial payments; to provide that authorized representatives of the City of Atlanta shall have access to appropriate records of the Tax Receiver, Tax Collector or Tax Commissioner of Fulton County; to provide that the Tax Collector or Tax Commissioner of Fulton County shall give a bond payable to the City of Atlanta; to fix the compensation of the Tax Receiver, Tax Collector or Tax Commissioner of Fulton County for such services rendered to the City of Atlanta; to make this bill contingent on the adoption of a constitutional amendment; and for other purposes approved February 21, 1951 (Ga. Laws 1951, p. 3087) as heretofore amended be further amended so as to provide that taxes due the City of Atlanta and taxes due Fulton County and the State of Georgia may be paid in separate installments; 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 described in the caption hereof (Ga. Laws 1951, p. 3087), as heretofore amended be further amended as follows: Sec. 6 Act of 1951, amended. Section 1. By striking Section 6 as heretofore amended,

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relating to installment payments in default and substituting in lieu thereof a new Section 6 to read as follows: 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 separate parts as follows: The taxes due the City of Atlanta shall be paid between July 1 and August 15; taxes due to the State of Georgia and Fulton County shall be payable between July 1, and October 15. Any of said taxes not paid in full by the last day specified 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. Payments. Section 2. Be it further enacted by the authority aforesaid that 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. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in

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said paper on the 30th day of Dec. 1954, and on the 6th days of January 1955 as provided by law. /s/ Bessie K. Crowell, Subscribed and sworn to before me this 12th day of January, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming January 1955 session of the General Assembly of Georgia, for local legislation to amend the Act entitled An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County.... and for other purposes (Ga. Laws 1951, p. 3087) and the several Acts amendatory thereof. In such amendment all pertinent matters may be included. This December 30, 1954. Harold Sheats, County Attorney, Fulton County Dec. 30 Jan 6 13 20 tfn. Approved February 8, 1955.

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SUPERIOR COURT REPORTERS IN CERTAIN COUNTIES. No. 26 (House Bill No. 11). An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior courts in counties of this State having more than 450,000 population according to the last or any future Federal census; to provide the disposition of compensation now prescribed by law for the taking down and transcribing of testimony taken in said courts; to authorize the rotation of said reporters in said courts under the direction of the judges thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, one official reporter for each of the several divisions of the superior courts in counties of this State having more than 450,000 population according to the last or any future Federal census, together with such other reporters as the judges of said courts may deem necessary, shall be paid out of the treasury of such county such salary as may be fixed by the board of commissioners of roads and revenues of such county, upon recommendation of the judges of said courts, which salary shall be compensation for attendance upon any division of said courts. Salary. Section 2. That in addition to the salary prescribed in Section 1 above, each reporter shall receive compensation in civil cases as prescribed by law for taking down testimony in said cases, one-half of said compensation to be paid by the plaintiff and one-half by the defendant unless otherwise agreed by the parties or directed by the court. Testimony in civil cases. Section 3. That in addition to the compensation prescribed in Sections 1 and 2 above, each reporter shall

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receive compensation as prescribed by law for furnishing transcripts. In civil cases such compensation shall be paid by the party ordering the transcript, and in criminal cases required by law to be transcribed such compensation shall be paid out of such county treasury, and on final conviction in criminal cases judgment therefor shall be entered up against the defendant and collected as other costs are collected and paid into the county treasury. Transcripts, civil and criminal. Section 4. That for the more efficient transaction of business each of said reporters, when not actually engaged in the division of the court to which he is appointed, may be designated by the judge of such division to serve in an emergency division of the court or to substitute for the reporter of any other division where the regular reporter of such division is incapacitated or requires relief for the purpose of transcribing or otherwise. Section 5. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. WARNER ROBINS CHARTER AMENDED. No. 27 (House Bill No. 59). An Act to amend an Act incorporating the municipality of Warner Robins, approved March 5, 1943, and the several Acts amendatory thereof; to change and redefine the corporate limits of said municipality; to provide for a governing authority of a mayor and six councilmen; to provide for filling of vacancies in the governing authority; to provide for the establishment of wards in said municipality; to provide ways and means pertaining to election of officials; to provide for levy of ad valorem taxes not exceeding twenty (20) mills; to provide for preparation of municipal budgets; to provide for establishment of a municipal board of

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health and a municipal board of parks, playgrounds and recreation; to repeal an amendment to said charter designated as Warner Robins Officials (Ga. Laws 1950, pp. 2089-2097) and to provide for a referendum relative to this Act and to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same as follows: That the charter of the Municipality of Warner Robins and the several Acts amendatory thereof be, and they are hereby amended in the following respects: Section 1. That the Act approved March 5, 1943 (Ga. Laws, pp. 1624-1639) as amended, creating and establishing a new charter for the Municipality of Warner Robins be, and the same is hereby amended by striking Section Two (2) of said Act, as amended, defining the corporate limits of said municipality, and inserting in lieu thereof a new section to read as follows: Section 2. The corporate limits proper of the Municipality of Warner Robins shall be as follows: Beginning at a point on the easterly boundary of Macon-Hawkinsville Highway number 247 where the southerly boundary of land lot number two hundred forty-one (241) intersects therewith in the Fifth District of Houston County, Georgia, and thence from said beginning point running in a westerly direction, along the southerly boundaries of land lots numbered two hundred forty-one (241), two hundred twenty-three (223) and two hundred twenty (220) to the southwesterly corner of said land lot number two hundred twenty (220), and thence running in a northerly direction along the western boundary of land lot number two hundred twenty (220) to the southeasterly corner of land lot number one hundred ninety-eight (198) and thence running in a westerly direction along the southerly boundaries of land lots numbered one hundred ninety-eight (198) and one hundred ninety-three (193) to the southwesterly corner of land

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lot number one hundred ninety-three (193) and thence running in a northerly direction along the westerly boundary of land lot number one hundred ninety-three (193) to the southeasterly corner of land lot number one hundred seventy-three (173) and thence running in a westerly direction along the southerly boundary of land lot number one hundred seventy-three (173) for a distance of fourteen hundred fifty (1450) feet, and thence running in a northerly direction, parallel with the easterly land lot lines of land lots numbered one hundred seventy-three (173), one hundred seventy-four (174) and one hundred seventy-five (175), and fourteen hundred fifty (1450) feet westerly thereof to a point on the northerly lot line of land lot number one hundred seventy-five (175), which point is fourteen hundred fifty (1450) feet westerly of the northeasterly corner of said land lot number one hundred seventy-five (175) and thence running in an easterly direction, along the northerly boundary of said land lot number one hundred seventy-five (175) to the southwesterly corner of land lot number one hundred eighty-nine (189) and thence running in a northerly direction along the westerly boundary of land lot number one hundred eighty-nine (189) to the northwesterly corner thereof and thence running in an easterly direction, along the northerly boundary of said land lot number one hundred eighty-nine (189) to a point fourteen hundred eighty-five (1485) feet westerly of the southeasterly corner of land lot number one hundred eighty-eight (188), and thence running in a northerly direction, parallel with the easterly boundary of land lot number one hundred eighty-eight (188) to the northerly boundary of said land lot number one hundred eighty-eight (188) and thence running in an easterly direction along the northerly boundaries of land lots numbered one hundred eighty-eight, two hundred three (203) and two hundred fourteen (214) to the easterly right-of-way boundary of the Macon-Hawkinsville Highway number 247 and thence running in a southerly direction along the easterly right-of-way boundary of said highway to point of beginning. Corporate limits. Section 2. Said Act is further amended by striking

Page 2096

Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The governing authority of said municipality shall consist of a mayor and six councilmen, with the mayor to draw a salary at the rate of five thousand two hundred ($5,200.00) dollars, per annum to take effect at the earliest legal date and with the councilmen to draw salaries at the rate of twenty-five ($25.00) dollars per annum, each, until January 1, 1957 after which time the salary of councilmen shall be six hundred ($600.00) dollars per annum, all of said salaries payable monthly. Mayor and councilmen. Section 3. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The present elected officials of said city shall continue in said respective offices until their present terms shall expire, unless otherwise provided by law. And not sooner than 45 days nor more than 60 days after approval of this Act, in a referendum in said municipality, the mayor and council of said municipality shall call a special election for the purpose of electing two (2) additional councilmen, who shall take the oath of office and office as soon as practicable after election, whose terms of office shall end on the first Monday in December 1956, said two (2) additional councilmen to be elected by a majority vote of the qualified voters of the municipality. Election. An election for mayor and six councilmen shall be held on the Tuesday after the first Monday in November 1956, and every four (4) years thereafter on the same day, and the hours of voting shall be as prescribed by law. The mayor and councilmen hereafter elected shall serve in their respective offices until their successors are elected and qualify. The mayor and councilmen shall take office on the first Monday in December following their election. All elected officials shall before taking office make

Page 2097

oath before a Judge of the Superior Court of Houston County to faithfully perform the duties of their offices. Section 4. Said Act is further amended by adding thereto a new section designated as Section 5 (a) as follows: The mayor and council shall, prior to the election in November 1956 divide the city in five (5) wards, and a councilman shall be elected from each ward, with the requirement being that a candidate in said ward must have resided therein thirty (30) days before the election and with the candidate residing therein thirty (30) days before said election who receives the greatest number of city-wide votes being the successful candidate from said ward. Wards. The five (5) councilmen so elected shall be known as regular councilmen. And a sixth (6th) councilman shall be elected who shall run at large and who may reside any place within said city and shall in addition to being a regular councilman shall be mayor pro tem. and serve in place of the mayor when the mayor, for any reason, cannot serve in his capacity, except that said mayor pro tem. shall draw no salary except his regular salary as a councilman. Councilman at large. Mayor pro tem. Section 5. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. In the event of any vacancy in the office of mayor or councilmen by death, resignation, or for any other cause, such vacancy or vacancies shall be filled by special election within sixty (60) days after such vacancy, and in such case the mayor or councilmen, as the case may be, after taking oath, shall take office immediately. Vacancies. The mayor and council shall hold regular and open meetings on the first Tuesday of each calendar month,

Page 2098

and called meetings at such times as are necessary to conduct the affairs of the municipality. Meetings. Section 6. Said Act is further amended by striking from Section 8 (a) thereof the figures twenty-one (21) years and inserting in lieu thereof the figure eighteen (18) years so that said Section 8 (a) shall read as follows: Sec. 8 amended. Section 8 (a). Such person shall be at least eighteen (18) years of age; Section 7. Said Act is further amended by striking Section 12 in its entirety, as amended, and inserting in lieu thereof a new Section 12 as follows: Section 12. The corporation shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the municipality; provided that no tax upon real or personal property shall exceed twenty (20) mills upon the value thereof, the exact tax levy to be determined by resolution of the mayor and councilmen, but not to exceed said twenty (20) mills. Taxation. Section 8. Said Act is further amended by adding to the first paragraph of Section 21 the followingexcept that in the city election in November 1956, and future elections thereafter, a mayor pro tem.-councilman shall be elected as prescribed in Section 4 hereof, so that said Section 21 shall read as follows. Section 21. The mayor and each member of council shall be qualified to serve the municipality in any office or position of agency or employment, except that they shall not serve in the position of one another as members of the governing authority, save that one of the councilmen may be designated as mayor pro tem. to serve in the absence or disability of the mayor, except that in the city election in November 1956, and future elections thereafter, a mayor pro tem.-councilman shall be elected as prescribed in Section 4 hereof. Mayor pro tem.-councilman.

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In the event the mayor or councilmen should serve in any office or position of the municipality, save as a member of the governing authority, no compensation for such service shall be paid. Section 9. Said Act is further amended by adding thereto a new section as follows: Section 22 (a). Be it further enacted that the Mayor and Council of Warner Robins shall also have authority and power to provide by ordinance for a board of health to be composed of such members as may be provided for in said ordinance, and to establish their terms of office and define their powers, authority and compensation. Board of health. Section 10. Said Act is further amended by adding thereto a new section as follows: Section 22 (b). Be it further enacted that the mayor and council of said municipality shall also have authority and power to provide by ordinance for a board of parks, playgrounds and recreation to be composed of such members as may be provided for in said ordinance, and to establish their terms of office and define their powers, authority and compensation. Parks and playgrounds. Section 11. Be it further enacted and it is further enacted as follows: Whereas in 1950, in a referendum held in the municipality of Warner Robins, Georgia, the charter amendment known as Bill No. 566 (House Bill No. 790) pages 2089-2097, Georgia, Laws of 1950Warner Robins Officials was not adopted, said entire amendment is hereby repealed. Section 12. Be it further enacted and it is hereby enacted that the mayor and council shall within sixty (60) days after passage and approval of this amending Act call a referendum in said city, and shall submit this amendment for approval or disapproval of the qualified voters in said municipality. Referendum. Said election shall be held under the same rules and

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regulations as govern regular city elections. At this election, the ballots shall be as follows:- For approval and adoption of Warner Robins charter amendments as passed in the 1955 session of Georgia General Assembly. Against approval and adoption of Warner Robins charter amendment as passed in the 1955 Session of Georgia General Assembly. Section 13. That the results of said referendum shall be recorded and reported as required by law. Section 14. Be it enacted and it is further enacted that this amendment shall not become effective until approved in a referendum in said municipality of Warner Robins. Section 15. The provisions of this Act are severable. If any part of this Act is declared invalid or unconstitutional, such declarations shall not affect the parts which remain. Section 16. That all laws or parts of laws in conflict with this Act be, and they are, hereby repealed. Notice is hereby given that there will be introduced at the 1955 session of the General Assembly of Georgia local legislation to amend an Act titled An Act to create and incorporate a new municipality to be known as Warner Robins, to provide a charter for and to declare the rights, powers and privileges of said municipality, and of its officers, and for other purposes. An act approved March 5, 1943, and all Acts amendatory thereof. And for other purposes. John W. Bloodworth, Houston County Representative. Georgia, Houston County. This is to certify that the above captioned notice was published in The Houston Home Journal, the official

Page 2101

organ of Houston County, Georgia, on the following dates: Nov. 25, 1954; Dec. 2 and Dec. 9, 1954. This the 17th day of December, 1954. /s/ Cooper Etheridge Cooper Etheridge Editor, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this the 17 day of December, 1954 /s/ D. C. Wright N. P. H. Co. Ga. (Seal). Approved February 8, 1955. AUGUSTA HEALTH BOARD. No. 28 (House Bill No. 80). An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1978 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as 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 (Ga. Laws, 1877, pp. 142-144), as amended by an Act entitled An Act to amend an Act entitled an Act to authorize the City Council of Augusta, to create a board of health for said city, approved August 23, 1879 (Ga. Laws, 1878-79, pp. 314-315) as amended by an Act entitled An Act to amend an Act entitled `An Act to authorize the City Council of Augusta to create a board of health for said city,' approved February 26th, 1877, and amended August 23rd, 1879, approved December

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8th, 1880 (Ga. Laws, 1880-81, pp. 365-369) and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. Section 1. That the Act entitled An Act to authorize the City Council of Augusta to create a board of health for said city, approved February 26, 1877 (Ga. Laws, 1877, pp. 142-144), as amended by an Act entitled An Act to amend an Act entitled an Act to authorize the City Council of Augusta, to create a board of health for said city, approved August 23, 1879 (Ga. Laws, 1878-79, pp. 314-315) as amended by an Act entitled An Act to amend an Act entitled `An Act to authorize the City Council of Augusta to create a board of health for said city,' approved February 26th, 1877, and amended August 23rd, 1879, approved December 8th, 1880 (Ga. Laws, 1880-81, pp. 365-369), be, and the same are hereby repealed. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of Publication. 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 Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local Legislation-Board of Health duly appeared in said newspaper on the following dates to wit: December 30, 1954-January 6, 13, 1955. /s/ Jack E. Webb Sworn to and subscribed before me this 13th day of January, 1955.

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/s/ George M. Peters Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires Jne 16, 1956. Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1955 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 by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof so as 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 (Ga. Laws, 1877, pp. 142-144), as amended by an Act entitled An Act to amend an Act entitled An Act to authorize the City Council of Augusta to create a board of health for said city, approved August 23, 1879 (Ga. Laws, 1878-79, pp. 314-315) as amended by an Act entitled `An Act to amend an Act entitled An Act to authorize the City Council of Augusta to create a board of health for said city, approved February 26th, 1877, and amended August 23rd, 1879 approved December 8th, 1880, Ga. Laws 1880-81, pp. 365-369; and for other purposes. R. Lee Chambers, III. W. W. Holley Carl E. Sanders. Members General Assembly of Georgia. Dec. 30; Jan. 6, 13. /s/ R. Lee Chambers /s/ Carl E. Sanders /s/ W. W. Holley Members General Assembly of Georgia. Approved February 8, 1955.

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ST. MARYS CORPORATE LIMITS. No. 30 (House Bill No. 23). An Act to amend an Act incorporating the City of St. Marys, Camden County, Georgia, approved August 15, 1910 (Ga. Laws 1910, p. 1086 et seq.) and all amendatory Acts thereof, by increasing and extending the corporate territorial limits of said city so as to include within said limits additional territory, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. The corporate territorial limits of the City of St. Marys are hereby extended to include within said city all of the following described real property in Camden County, Georgia, to wit: Beginning at a point in the westerly line of Crooked River Road (State Highway No. 40, Extension), 4,385.04 feet northerly from the northwest intersection of said Crooked River Road and the Saint Marys-Kingsland Road (State Highway No. 40); thence easterly in a straight line to the northeast corner of the common property of the City of Saint Marys, Georgia, said corner being shown on the official map of said city survey dated July 31, 1946, and located thereon approximately at grid co-ordinates 280,000-694,000 on said map; thence southerly along the northeasterly boundary of said city common property approximately 5400 feet to a point in the west bank of North River, said point in projected city lot No. 119, and approximately 4500 feet north of the northerly line of Boundary Street; thence due east to a point on the east bank of North River, thence southerly along the east bank of North River as it meanders to a point on the intersection of the north line of Boundary Street extended; thence westerly along the north line of Boundary Street to a point at the intersection of the westerly line of Dilworth Street; thence southerly along the west side of Dilworth Street to a point at the intersection of the southerly line

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of Dillingham Street; thence southeasterly along the northerly boundary of the Saint Marys Railroad right-of-way to a point at the interection of the westerly line on Mahan Street; thence southerly along the west side of Mahan Street as extended to a point in the line of Florida; thence westerly along the line of Florida to a point which intersects a line in the southerly prolongation of the westerly line of Crooked River Road (State Highway No. 40, Extension); thence northerly along such prolonged westerly line of Crooked River Road to a point in the intersection of the north side of the Saint Marys-Kingsland Road (State Highway No. 40); thence continuing northerly along said westerly side of said Crooked River 4,385.04 feet to the point of beginning, so that the new corporate limits of the City of Saint Marys shall iclude in their entirety all of the following described real property in Camden County, Georgia, to wit: Beginning at a point in the westerly line of Crooked River Road (State Highway No. 40, Extension), 4,385.04 feet northerly from the northwest intersection of said Crooked River Road and the Saint Marys-Kingsland Road (State Highway No. 40); thence easterly in a straight line to the northeast corner of the common property of the City of Saint Marys, Georgia, said corner being shown on the official map of said city survey dated July 31, 1946, and located thereon approximately at grid co-ordinates 280,000-694,000 on said map; thence southerly along the northeasterly boundary of said city common property approximately 5400 feet to a point in the west bank of North River, said point being in projected city lot No. 119, and approximately 4500 feet north of the northerly line of Boundary Street; thence due east to a point on the east bank of North River; thence southerly along the east bank of North River as it meanders to a point where it intersects the Saint Marys River; thence due south to the line of Florida; thence westward along the line of Florida to a point which intersects a line in the southerly prolongation of the westerly line of Crooked River Road (State Highway No. 40, Extension); thence northerly along such prolonged westerly line of Crooked River Road to a point in the intersection of the north

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side of the Saint Marys-Kingsland Road (State Highway No. 40); thence continuing northerly along the westerly side of Crooked River Road 4,385.04 feet to the point of beginning. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Section 3. There is hereby attached to and made a part of this Act the affidavit of Howard H. Davis that notice of intention to apply to the General Assembly of Georgia for the passage of this Act was published as required by the Constitutional and laws of this State, reference to said affidavit being hereby had for all purposes. State of Georgia, County of Camden. Personally appeared before me, an officer duly authorized by law to administer oaths, Howard H. Davis, who being duly sworn, deposes and says on oath, that he is associate editor and business manager of the Southeast Georgian, Inc., the newspaper in which sheriff's advertisements for Camden County, Georgia, are published, as provided by law, and that the following copy of notice of intention to apply for local legislation was published in each and every issue of said newspaper on December 16, 1954, December 23, 1954, and December 30, 1954: Georgia, Camden County. In compliance with the Constitution and laws of the State of Georgia, notice is hereby given of the intention of the undersigned, Mayor of the City of St. Marys, Camden County, Georgia, to apply for the passage of a local bill at the next session of the General Assembly of Georgia which will convene on Tuesday, January 11, 1955, said local bill to amend the charter of the City of St. Marys, as amended, so as to incorporate into the limits of the City of St. Marys, in addition to the present incorporate limits, the following described territory, to wit: Beginning at a point in the west boundary line of

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Crooked River Road (Hwy. No. 40) said point being 4,385.04 feet northerly from the northwest intersection of said Crooked River Road and the St. Marys-Kingsland Highway (Hwy. No. 40); thence, from said point of beginning, running in an easterly straight line to the north-east corner of the common property of the City of St. Marys, Georgia, as shown on official map of said city of survey of July 31, 1946, said corner being approximately located at grid coordinates 280,000-694,000 on said map; thence, southeasterly along the line of said city common property approximately 5,400 feet to a point in the westerly bank of North River, said point being in projected lot No. 119 approximately 4,500 feet north from the northerly line of Boundary Street; thence, southerly along the west bank of North River to a point in the intersection of the north line of Boundary Street; thence, westerly along the northerly line of Boundary Street to a point in the westerly line of Dilworth Street; thence, southerly along the west side of Dilworth Street to a point in the southerly line of Dillingham Street; thence, southeasterly along the northerly line of the St. Marys Railroad right-of-way to a point in the westerly line of Mahan Street; thence, southerly along said westerly line of Mahan Street to a point in the north bank of the St. Marys River; thence, southerly in a prolongation of said line (westerly line of Mahan Street) to a point in the Florida State line; thence, westerly along the Florida State line to a point which intersects a line prolonged southerly of the westerly line of Crooked River Road; thence, northerly along said prolonged westerly line of Crooked River Road to the northwest intersection of said Crooked River Road and the St. Marys-Kingsland Highway; thence, northerly along said westerly line of Crooked River Road 4,385.04 feet to said point of beginning. This 14th day of December, 1954. /s/ John R. MacDonald Mayor, City of St. Marys, Georgia.

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Sworn to and subscribed before me this 5th day of January, 1955. /s/ Robert W. Harrison, Jr. Notary Public, Camden County, Georgia. (Notarial Seal) /s/ Howard H. Davis. Approved February 8, 1955. SYLVANIARECORDER. No. 31 (House Bill No. 21). An Act to amend an Act approved August 17, 1909 (Ga. Laws 1909, p. 1390) amending consolidating and superseding the several Acts incorporated in the City of Sylvania, County of Screven, creating a new charter and municipal government for said city and defining the rights, powers and duties of such corporation, as amended by an Act approved February 11, 1937 (Ga. Laws 1937, p. 2101) and an Act approved February 20, 1945 (Ga. Laws 1945, p. 692) and an Act approved March 6, 1945 (Ga. Laws 1945, p. 858), so as to provide a recorder's court; the appointment of a judge therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act approved August 17, 1909 (Ga. Laws 1909, p. 1390) amending, consolidating and superseding the several Acts incorporated in the City of Sylvania, County of Screven, creating a new charter and municipal government for said city and defining the rights, powers and duties of such corporation, as amended by an Act approved February 11, 1937 (Ga. Laws 1937, p. 2101) and an Act approved February 20, 1945 (Ga. Laws 1945, p. 692) and an Act approved March 6, 1945 (Ga. Laws 1945, p. 858), is hereby amended by striking the words mayor, mayor pro tempore, or acting

Page 2109

mayor, and inserting in lieu thereof the words city recorder, so that Section 24, as amended, shall read: Section 24. Be it further enacted, that it shall be lawful for the marshal of the City of Sylvania, and any one employed to assist him, to arrest on his own motion, and without warrant, any person or persons within the corporate limits of the City of Sylvania charged with violating any of the ordinances of said city and to place such person in the county jail of Screven County, or such other place as may be designated by the Mayor and Council of the City of Sylvania until a hearing before the proper officers can be had. The said marshal and his assistant is hereby authorized to the same extent as sheriffs of this State, to execute any warrant placed in his hands charging any person or persons with a violation of any of the penal laws of this State. The said marshal, or his assistant, of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Sylvania; provided, they shall not be authorized to go outside the city limits for the purpose of making an arrest, except in obedience to a written warrant signed by city recorder. Arrests. Section 2. Said Act is further amended by striking Section 25 in its entirety and inserting in lieu thereof the following: Section 25. There shall be established by the Mayor and Council of the City of Sylvania the office of city recorder and they shall elect a recorder in and for said city and fix the recorder's salary and term of office, which term shall not be for more than two years, and from and after the creation of said office of said recorder and the election of a recorder in the aforesaid city, the said recorder shall preside over said police court and the said court shall not thereafter be presided over by the mayor, mayor pro tempore, or any council member of the City of Sylvania, except in the absence or disqualification of the said recorder. In the event of such absence or disqualification any member of the city council designated

Page 2110

by the mayor may preside over said court with full powers as the city recorder. The said council shall have the right to elect as city recorder any citizen of said city eligible to hold the office of council of said city. Before entering the discharge of his duties as city recorder the person elected and appointed shall take and subscribe the following oath before the mayor or some officer authorized to administer oaths: `I do solemnly swear that I will truly, honestly and faithfully discharge the duties of the office of city recorder of the City of Sylvania to the best of my ability without fear, favor or partiality and that I will faithfully and impartially perform and discharge all duties which may be required of me as city recorder of the City of Sylvania to the best of my knowledge and ability and understanding agreeably to the laws and Constitution of the United States and of the State of Georgia and the charter and ordinances of the City of Sylvania. So help me God.' The recorder when elected and qualified shall have all the powers and authority conferred upon him as city recorder as now exercised by the mayor, mayor pro tempore, or acting mayor. The city recorder shall preside as often as may be necessary to clear the guardhouse or other place where prisoners may be confined. The recorder shall have power to enforce its judgments by inflicting such penalties as may be provided by law and he shall have power to punish all violators of the ordinances of said city by fine, imprisonment in the county jail or at labor upon the public works of the city. The fine in no case shall exceed one hundred ($100) dollars; the imprisonment in the county jail or other place as may be designated by the mayor and council of said city in no case to exceed thirty (30) days, and the sentence to work upon the public works of the city not to exceed in any one case six (6) months, and the recorder may impose any one or all of said sentences, or any part of any one of said sentences, or any part of said sentences, and the fines imposed may be collected by execution as other executions in favor of said city are collected. The recorder's court shall have power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt as a judge

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of the superior courts. Recorder. Section 3. Said Act is further amended by striking from the first sentence of Section 26 the words, mayor, mayor pro tempore, or acting mayor, as the case may be, and inserting in lieu thereof the words, city recorder, so that Section 26, as amended, shall read: Section 26. Be it further enacted, that the city recorder shall have the power in said court, if the offense charged against the defendant be beyond his jurisdiction, to examine into the facts of the case and commit the offender or offenders to jail, or bail them if the offense is bailable by a justice of the peace under the laws of this State, to the City Court of Sylvania, if the offense charged is a msdemeanor under the laws of Georgia, or to the Superior Court of Screven County if the offense charged is a felony. Commitment. Section 4. Said Act is further amended by striking from Section 27 the word mayor's and inserting in lieu thereof the word recorder's, so that Section 27 as amended shall read: Section 27. Be it further enacted, that the Mayor and Council of the City of Sylvania shall have the power and authority to organize one or more chain-gangs, or work gangs, and confine therein persons who have been sentenced by the recorder's court to work upon the chain-gang, or public works of said city; and shall have power and authority to make such rules and regulations as they may deem expedient and beneficial for the care, management, and control of said chain-gang or gangs, and to enforce the same through its proper officers. Work gangs. Section 5. Said Act is further amended by striking from the first and last sentences of Section 28 the word mayor's and inserting in lieu thereof the word recorder's and by striking from the fifth sentence of said Section 28 the word mayor' and inserting in lieu thereof the word recorder, and by striking from the last sentence of said Section 28 the words mayor, mayor protemp.,

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or acting mayor, as the case may be, and inserting in lieu thereof the words city recorder, so that Section 28, as amended shall read: Section 28. Be it further enacted, that any person convicted in the recorder's court for a violation of any of the ordinances of said city, shall have the right to appeal to the council, but before said appeal and as a condition precedent thereto, said person shall deposit, with the treasurer of said city, to be applied in payment of the fine and costs, if finally convicted, the money fine imposed and all costs incurred in the case, the said deposit to remain in the hands of the treasurer until the final termination of the case, and if said person be finally acquitted, such deposit, on demand, shall be paid to him by the treasurer. In lieu of the payment as above specified, such person appealing shall have the right to give good and sufficient bond, to be approved by the officer before whom the conviction was had, in a sum equal to double the amount of the fine imposed, and costs incurred, conditioned to pay the amount of the fine imposed and all costs incurred, in case of final conviction; in cases of appeal where the defendant has been sentenced to confinement in jail, or sentenced to work upon the chain-gang of said city, the bond shall be in such amount as the trial officer may prescribe, to be approved by him, conditioned to produce the body in case of final conviction, and also to produce the body for trial at any time necessary for a hearing in said case. In the event any person convicted shall take and subscribe an oath, before the trial officer, that, on account of poverty, he is unable to pay over the fine and costs, when a money fine has been imposed, such appeal shall be accepted by the trial officer; any person convicted in said court, sentenced to jail, or to the city chan-gang, who can not give the bond required, shall be placed in prison to await the final determination of the case. All appeals must be entered in writing not later than four days from the time of trial, and filed with the officer before whom the conviction was had. Upon appeal being entered as above provided, the council shall have power to reverse the decision of the trial officer, modify or change the penalty, increase the

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same or sustain the recorder. The recorder is hereby given power to issue warrants, to hold courts of inquiry, commit offenders, or admit them to bail in all cases where a justice of the peace may commit or hold to bail; all fines imposed in the recorder's court, when collected by the treasurer shall go into the general fund. Appeals. Section 6. Said Act is further amended by striking from Section 29 the word mayor's and inserting in lieu thereof the word recorder's, so that Section 29, as amended, shall read: Section 29. Be it further enacted, that the jailer of Screven County shall be authorized to receive persons by the marshal of the City of Sylvania, or his assistant, or convicted in the recorder's court of said city, or bound over to jail by the committing officer upon the same terms as other prisoners are received, and the City of Sylvania shall be responsible to said jailer for all expenses attending the keeping of said prisoners, including jail fees. Prisoners. Section 7. Said Act is further amended by striking from the second sentence of Section 31 the words said mayor, mayor pro tempore, or acting mayor, as the case may be, and inserting in lieu thereof the words city recorder so that Section 31, as amended shall read: Section 31. Be it further enacted, that the mayor and council shall declare by proper ordinances what are nuisances, and shall pass such ordinances as shall most effectively abate the same. The city recorder shall be authorized to try and abate all nuisances within the jurisdictional limits of the said City of Sylvania. Nuisances. Section 8. Said Act is further amended by striking from the first sentence of Section 33 the words mayor, mayor pro tempore, or acting mayor, and word mayor's and inserting in lieu thereof the words city recorder and recorder's and by striking from the second sentence of said Section 33 the words mayor, mayor pro tempore, or acting mayor, as the case may be, and inserting in lieu thereof the words city recorder and

Page 2114

by striking from the last sentence thereof the words mayor, mayor pro tem., or acting mayor, as the case may be, and inserting in lieu thereof the words city recorder, so that Section 33, as amended, shall read: Section 33. Be it further enacted, that the city recorder when any person or persons are arraigned before the recorder's court, charged with a violation of any of the ordinances of said city may for good cause shown by either side continue the hearing to such time as may be fixed, and the accused shall be required to give bond and security for his appearance at the appointed time and place for trial, or be imprisoned to await the trial. If such bond be given, and the accused fail to appear at the time and place fixed for the trial, the bond may be forfeited by the city recorder under the same mode of procedure as is prescribed for forfeiting bonds in the City Court of Sylvania. The city recorder shall have power and authority to accept cash in lieu of bond and security for offenders for trial, and if such offenders shall fail to appear at the time and place fixed for trial, the cash so deposited shall be by the presiding officer, declared forfeited to the City of Sylvania. Appearance bonds. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced at the January, 1955, session of the General Assembly of Georgia to create the office of Recorder of the City of Sylvania, to define the jurisdiction of the same and to provide for compensation. W. C. Hawkins. 3t Dec. 31-c Georgia, Screven County. Personally appeared before the undersigned Norman F. Chalker who on oath says that he is editor and publisher of the Sylvania Telephone a newspaper published

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in Screven County, Georgia in which the sheriff's advertisements were published during 1954. That the foregoing advertisement was published in said newspaper on Dcember 17, 24 and 31, 1954. /s/ Norman F. Chalker. Sworn to and subscribed before me this 8th day of January, 1955. /s/ J. H. Reddick Clerk Superior Court, Screven County. Approved February 8, 1955. CAMILLA CITY COURTSOLICITOR'S SALARY. No. 32 (House Bill No. 43). An Act to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, and particularly amending Subparagraph (b) of Section 2 of the Act of the General Assembly of Georgia, approved March 24, 1933, so as to change the minimum and maximum salary to be paid to the solicitor of said court; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after the passage and approval of this Act, an Act of the General Assembly of Georgia approved March 24, 1933, which was amendatory of the Act creating the City Court of Camilla, approved August 17, 1905, be and said amendatory Act approved March 24, 1933, is hereby amended by striking from line two in Subparagraph (b) of Section 2, the words fifty ($50.00) dollars and inserting in lieu thereof the words one hundred ($100.00) dollars, and by striking

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from line three in same subparagraph and section, the words one hundred fifty ($150.00) dollars and inserting in lieu thereof the words two hundred ($200.00) dollars, so that the first sentence in said Subparagraph (b), when amended, will read as follows: For Solicitor of City Courts of Camilla and Pelham a sum not less than one hundred ($100.00) dollars, and not exceeding two hundred ($200.00) dollars, all other provisions of said amendatory Act to remain the same. Salary. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately on its passage and approval by the Governor of Georgia. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia, to convene in January, 1955, a local bill affecting the City Court of Camilla, the caption of which is as follows: An Act to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, and particularly amending Subparagraph (b) of Section 2 of the Act of the General Assembly of Georgia, approved March 24, 1933, so as to change the minimum and maximum salary to be paid to the solicitor of said court; and for other purposes. This 14 day of December, 1954. Frank S. Twitty, Representative, Mitchell County, Georgia. Georgia, Mitchell County.

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I. B. T. Burson, being first duly sworn, on oath say: That I am publisher of the Camilla Enterprise, a weekly newspaper and the official organ of Mitchell County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated December 17th, 24th and 31st, 1954. /s/ B. T. Burson. Sworn to and subscribed before me this January 3rd, 1955. /s/ James J. Morrison Notary Public, Mitchell Co., Ga. My commission expires August 20, 1956. (Seal) Approved February 8, 1955. ELBERTON CITY COURTJUDGE AND SOLICITOR. No. 33 (House Bill No. 256). An Act to amend an Act establishing the City Court of Elberton, approved December 19, 1896 (Ga. L. 1896, p. 287), as amended, so as to provide that the judge and solicitor of said court shall be elected by the people of Elbert County for a term of four years; to provide that the Clerk of the Superior Court of Elbert County shall be the clerk of said court; to provide fees for the clerk of said court; to provide a referendum to submit this Act to the people of Elbert County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act establishing the City Court of Elberton,

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approved December 19, 1896 (Ga. L. 1896, p. 287), as amended, is hereby amended so as to provide that the judge and solicitor of said court shall be elected by the people of Elbert County for a term of four years, at the same time and in the same manner as other county officers. The first officers elected under the provisions of this Act shall be nominated at the same time as members of the General Assembly are nominated in the 1956 primary, and shall assume their offices on January 1, 1957. Election. Section 2. Said Act is further amended so as to provide that the clerk of said court shall be the Clerk of the Superior Court of Elbert County. The fees of said clerk shall be those now or hereafter provided by law for clerks of the superior court. Clerk. Section 3. The Ordinary of Elbert County shall hold the election for the purpose of submitting this Act to the voters of Elbert County on the same date set by the Elbert County Democratic Executive Committee for the nomination of county officers in 1956. 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 Elbert County. The ballot shall have printed thereon the words: Referendum. For approval of the Act to provide for the election of the Judge and Solicitor of the City Court of Elberton by the people of Elbert County and for the clerk of said court to be the Clerk of the Superior Court of Elbert County. Against approval of the Act to provide for the election of the Judge and Solicitor of the City Court of Elberton by the people of Elbert County and for the clerk of said court to be the Clerk of the Superior Court of Elbert County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a

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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 voting in such election 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 Elbert County. It shall be the duty of the ordinary to hold and conduct such election. 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georia, 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 which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to apply local legislation was published in said organ on December 17th, December 21st, and December 31st, 1954. Public Notice. In accordance with the pledge that I made to the people of Elbert County, Georgia, during the primary election in 1954, I hereby serve notice that it is my intention to introduce local legislation in the 1955, January session of the General Assembly of Georgia providing for a referendum on the question of whether or not the Judge and Solicitor of the City Court of Elbert County shall be elected by the people. Woodrow W. Lavender, Representative of Elbert County. /s/ G. T. Christian, Publisher Elberton Star. Sworn to and subscribed before me this 7th day of January, 1955.

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/s/ Carolyn E. McMullan Notary Public, Elbert County, Georgia. My commission expires Nov. 2, 1955. (Seal) Approved February 8, 1955. AUGUSTA CHARTER AMENDED. No. 34 (House Bill No. 79). An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to provide for and regulate general and special elections for mayor and members of council; to fix the time and hours and specify the mode, method and requirements for holding same; to prescribe qualifications for candidates and the manner in which persons intending to become candidates shall indicate such intention; to provide for the registration and qualification of voters and the preparation of a list thereof; to fix the terms of office of mayor and members of council; to provide for the offices of mayor pro tempore and acting mayor and for the filling of vacancies in the offices of mayor and of council pending elections; to regulate the method of voting by voting machine or absentee ballot; to provide for managers and clerks, their method of selection and define their duties and authority; to provide for the challenging of voters, the returns of all elections, the declaration of the result thereof and the manner of contesting same; to provide for resolving a tie in the election for mayor, to prohibit fraudulent voting and provide penalties therefor and provide penalties for the violation of any other provision thereof; to define the terms used therein and repeal certain amendatory Acts to the charter aforesaid; 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 in addition to the existing provisions of the charter of The City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, there are hereby added thereto the following provisions: Definitions . The following definitions shall apply to this Act: Definitions. (a) That the term council referred to in this Act shall always mean The City Council of Augusta; (b) That the term city referred to in this Act shall always mean the City of Augusta; (c) That the term mayor when used in this Act shall mean the Mayor of the City of Augusta, and in the event of his death, absence from the city or inability to act, mayor pro tempore or acting mayor, whichever may exist at the time; (d) That the term clerk whenever used in this Act, or clerk of council shall be construed to mean the clerk of council of The City Council of Augusta, or the deputy clerk of The City Council of Augusta. Qualifications of mayor . The qualifications of the mayor are that he shall be a citizen of the United States who has attained the age of twenty-one (21) years, shall have been a citizen of the State of Georgia for two (2) years and a resident and citizen of the County of Richmond in said State and of the City of Augusta for one (1) year, and that he shall not hold any office or appointment, Federal, State or county, or any office or appointment under council, or be interested in any contract with council. Qualifications of Mayor. Qualifications of members of council . The qualifications

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of a member of council are that he shall be a citizen of the United States who has attained the age of twenty-one (21) years, shall be a citizen of the State of Georgia, a resident of the County of Richmond and a resident of and actually domiciled in the ward from which elected at the time of the election, and shall have been such a resident and so domiciled for three (3) years before the election. Qualifications of members of council. Term of mayor and members of council . The time for which the mayor and members of council of the City of Augusta shall hold office shall be for the term of three (3) years. Terms. Mayor may succeed self in office. The Mayor of the City of Augusta shall be eligible to succeed himself in office; provided, however, he shall not be eligible to succeed himself after the expiration of a second term for a period of one term of three (3) years, unless his first term has been an unexpired term. Mayor may succeed himself. Members of council may succeed selves in office . The members of The City Council of Augusta shall be eligible to succeed themselves in office; provided however, no member of The City Council of Augusta shall be eligible to succeed himself after the expiration of a second term for a period of one term of three years, unless the first term has been an unexpired term. If the first term of any member has been an unexpired term he shall thereafter be eligible to be elected and to serve for two full terms after the expiration of the unexpired term which he has filled, but after the expiration of such two full terms, he shall not be eligible to succeed himself for a period of one term of three years. Councilmen. Vacancies in office of mayor and membership in council . If the mayor or a member of council becomes interested in any contract with council; or if the mayor or member of council removes from the city; such mayor or member, as the case may be, vacates his office. Vacancies. In case the mayor shall be absent from the city two

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months at any one time, council may declare the mayoralty vacant; and if any member of council be absent from the city two months at one time, without leave from council, council may declare his seat vacant. In case of a vacancy in the office of mayor, upon such vacancy being officially reported to council, council may elect from its body a mayor pro tempore for the balance of the unexpired term, or it may call an election for the office of mayor for said unexpired term to be held within sixty days, but not less than thirty-five days from the date of the call. If the council shall call an election to fill said vacancy, it shall at the same time elect from its body a mayor pro tempore to hold said office until said election is held and the person elected has qualified by taking the oath of office required by law. In case of vacancy in the membership of council from any ward, said vacancy shall be filled by appointment by the mayor, subject to the approval of council, for the balance of the unexpired term, or until the next general municipal election. Mayor pro tempore . Council shall, in case of the sickness or absence of the mayor, be authorized to elect a mayor pro tempore, who shall perform the duties of the office during the sickness or absence of the mayor. Mayor pro term. The mayor, when council is not in session, shall have the power and duty to appoint any member of the council to act in his place and stead during his temporary absence from the city for any cause. Such appointee shall be known as the acting mayor, who shall perform the duties of the office during the absence of the mayor provided that such appointment shall not in any way interfere with the right of the council to elect a mayor pro tempore. Acting Mayor Members of council not to hold other municipal office . Members of council shall be incompetent to hold any other municipal office during the term of office for which they were chosen; provided, nothing herein shall

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render them ineligible to be elected during said term to serve in a term immediately succeeding said term; but nothing in this section shall apply to any municipal office which is filled by appointment of the mayor; but if such appointive office have any pecuniary compensation attached thereto, and has been created by an ordinance passed during the term of such member, he shall not be eligible to be appointed thereto during the term for which he was elected. Council members not to hold other city office. When elections shall be held . The mayor is elected on the second Wednesday in October of every third year beginning in 1957 by the voters of the city. The members of council, of whom there are two for each ward, are elected, one from each ward, on the second Wednesday in October of each year, beginning in 1955 and continuing thereafter excepting the years of general election for mayor, for the term of three years each by the qualified registered voters of the City of Augusta at large and not by the voters of the respective wards. Time of elections. Notification of candidacy for mayor or council . Every person hereafter intending to become a candidate for the office of Mayor of the City of Augusta or for membership in the city council of said city, whichever the case may be at any regular or special city election, shall either by themselves or by the proper authorities of the party nominating them, file notice of their candidacy with the Mayor or Mayor Pro Tempore of the City of Augusta, at the same time filing a copy of said notification of their candidacy with the Clerk of Council of The City Council of Augusta, at least fifteen days but not more than thirty-five days before said election. Said declaration or notification of such intention, which shall state the position, and in the case of the candidacy being for membership in the city council, the ward in which said candidate is offering for election and anyone filling such declaration shall do so during the office hours of the city hall prescribed by the ordinances of the City Council of Augusta. A written acknowledgment of the receipt of such declaration from said clerk or his deputy shall always be evidence of its filing. Notification of candidacy.

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Persons deemed registered and qualified voters . All voters who, sixty days before each municipal election held by The City Council of Augusta, are registered and qualified to vote in State and county elections and reside within the City of Augusta shall be deemed to be registered and qualified to vote in said municipal elections. Qualified voters. List of qualified voters. Where obtained; contents. Said list of voters shall be obtained by The City Council of Augusta from the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, and the officer or officers of said county whose duty it is to prepare and furnish to election managers holding county elections such lists of voters. The said lists shall include all voters qualified to vote in the said State and county elections who reside in the City of Augusta and include such additional identifying data about such voters as required by The City Council of Augusta and in the possession of such commissioners and the other county officers. Lists. Compensation to those supplying lists . The said Board of Commissioners of Roads and Revenues of Richmond County and the officer or officers of said county supplying such lists shall be compensated for the same upon a basis mutually agreeable between said parties. If such parties are unable to agree upon said compensation, the amount of the same shall be submitted to arbitration pursuant to Chapter 7-2 of the Code of Georgia of 1933, and the award of said arbitrators shall be binding upon all parties, and the compensation provided by said arbitrators paid. Marks and notations on lists . No mark or notation shall be made upon such lists by said election managers, Clerk of The City Council of Augusta, or others except in accordance with instructions from said county commission, county officer or officers, as provided by law. List to be precinct file . The list of registered voters which shall be used in each election and which shall be obtained by The City Council of Augusta from the Board

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of Commissioners of Roads and Revenues of Richmond County shall be the precinct file of Richmond County. Provision for and preparation of polling places. The mayor shall provide in each ward a polling booth to fill the following requirements: It shall be so arranged that the managers and the clerks and the voting machines shall occupy the same free from interference or inspection of all outsiders. Provisions shall be made so that a prospective voter may cast his vote without the managers or clerks or any outside person seeing for whom his vote was cast. Said booths in said ward shall be made and provided with a separate opening for voters and separate voting machines and separate managers and clerks thereat for the number of voters that may be determined by the mayor, which he shall divide the list of registered voters in each ward approximately equally in sections of names that follow under consecutive letters of the alphabet among the several voting machines. Polling places. Mayor to provide for all necessary equipment for elections. The mayor shall arrange for and cause to be provided all voting machines, registration lists, tally sheets and all other necessary equipment and make all other necessary arrangements for properly conducting said election. Equipment. When mayor to place voting machines and manager and clerk at polls; election to be held when more than one person files. In case not more than one notice or declaration of intention is filed in respect to the office of mayor during the time above required, then the mayor shall provide for only one voting machine with one manager and one clerk to be placed at each ward poll in the City of Augusta. In case there is not more than one notice or declaration of intention filed as theretofore required for membership in The City Council of Augusta for each particular ward, the mayor shall provide for only one voting machine with one manager and one clerk to be placed at each ward poll in the city. In case there is more than one candidate for the office of mayor in the election for said office and more than one candidate for

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membership in the city council from any ward, then the election shall be held as hereinafter provided. Submission by candidate of list of names for managers and clerks. Within seven days after the time has expired for filing the notice or declaration of intention of being a candidate for Mayor of the City of Augusta or for member of the council, any person who has filed such intention in every case where more than one person has filed said notice in regard to such particular position shall have the privilege and right of submitting through the office of the clerk of council to the mayor of said city a list of names of persons for managers and clerks in each ward for the approaching election. Managers and clerks. Number of managers and clerks and their appointment. 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 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. Powers of manager and clerk to administer election oaths; oaths required of managers and clerks. Each and every manager and clerk for said election is hereby authorized and empowered to administer all necessary oaths permissible under the law to the voter or intending voter. Any person swearing falsely, after any oath or oaths are so administered as to matters touching said election, or said person's right to vote therein shall be guilty of false swearing and punishable as prescribed therefor under the Code of Georgia; and any person attempting to vote fraudulently in any election provided for under this Act, if he be not sworn, shall be guilty of a misdemeanor, and punished as provided therefor in the Code of Georgia. All the managers at each booth are empowered and it is hereby made the duty of some of them, unless the mayor, mayor pro tempore or acting mayor, whichever it may

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be, appears at the polls immediately before the opening of said polls, to administer the oath hereinafter set out to all managers and clerks at said booth. Should the mayor, mayor pro tempore or acting mayor be present, he shall administer said oath which shall be as follows: You,(manager or clerk) at the election to be held this day in the City of Augusta, do solemnly swear that you will faithfully and carefully observe the rules and regulations governing this election and that you will conform to the spirit and intention thereof; that you will not endeavor to ascertain how a voter votes, and if by chance or mistake or otherwise you do ascertain this, that you will not divulge it to any other manager or clerk, or any other person, either by word, sign or token, and that you will to the best of your ability prevent any fraud at said election, and frustrate any effort which may be made to purchase or sell any vote or votes, or any effort to enable any person to obtain any information upon which to pay for or to sell any vote, that you will not give any information concerning said election or disclose to any person or persons outside of managers and clerks who has or has not voted and that you will to the best of your ability, kep secret all matters regarding said election, except for the purpose of detection or prosecution of fraud, and then only after the closing of the polls. So help you God. Oaths. Voting machines to be used. All elections in the City of Augusta shall be held by means of the use of voting machines except where absentee ballots are authorized. Voting machines. The names of all candidates for mayor and the names of all candidates for council from each ward with appropriate indication of the particular ward for which each candidate seeks election shall be shown on the voting machines. Purchase and lease of voting machines authorized. The City Council of Augusta is hereby authorized to purchase voting machines for use in its elections and/or to lease the same, and this it may do either individually or in cooperation with the Board of Commissioners of Roads and

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Revenues of Richmond County upon such terms as may be approved by The City Council of Augusta. Application form to be executed by all electors offering to vote. At every general r special election, every registered elector offering to vote shall, before being given authority to do so, identify himself by executing an application in the presence of an election official. The application blank shall be substantially as follows: APPLICATION FOR AUTHORITY TO VOTE. I hereby indicate that to the best of my knowledge and belief I am qualified and eligible to vote in this election. Street nameStreet number Application number Signature Comparison of signature with that on registration card; procedure when official dissatisfied. The election officials in charge of the precinct registration file shall compare the signature upon such application with the signature upon the registration card. If the election officials, or a majority of them, upon comparing such signature shall be satisfied that such applicant is the identical person registered, they shall permit him to vote. If they are not satisfied with the application or if said applicant has signed the registration card by making a mark, then such person shall identify himself by giving the date of his birth and his mother's maiden name, which shall be compared with the information on the registration card, or he shall identify himself by such other means as may be referred to upon the registration card. If the election officials still are not satisfied with the application, then the vote of such applicant shall be challenged and the same procedure shall be followed as provided in the election law for the challenging of electors. Comparison of signatures Oath to be taken by voters when challenged. Any person

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offering to vote for mayor or members of council in said city, shall, upon being challenged, be required to take the following oath, which any manager of said election may administer: Challenges. You do solemnly swear that you are a citizen of the United States; that you have resided within the limits of the City of Augusta for the past six months immediately preceding, and for the past ten days in this ward or district; that you are eighteen years of age, and have been registered according to law. Voting procedure generally. Only one voter shall be admitted into each voter's opening or place at each voting machine at one time and upon such admittance the managers shall satisfy themselves that he is qualified to vote according to the registry list furnished them. Voting procedure. Assisting physically infirm. In the event of a person desiring to vote who is not able by reason of physical infirmity to do so, he may then request the manager to accompany him into the voter's opening at the voting machine and the manager when thus requested, shall assist the voter, but no manager or clerk or other person in the booth shall suggest to the voter how he should vote. Preservation of order. The managers of the election shall not permit any person to enter the election booth during the progress of the election other than clerks and the persons about to vote and then only one such voter at each voter's place at each voting machine at one and the same time; provided however, that said managers shall have the right to call any police or peace officer at any time for the purpose of preserving order. Applications to be preserved and deposited in envelope. The applications of those who vote shall be preserved as a record of the persons who have voted. They shall be filed face-down on a spindle file in the order in which the corresponding votes are cast. After the polls close they shall be tied in bundles of fifty each and shall be deposited in the envelope to be filed with the clerk of the

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superior court before the same is sealed. Preservation of applications. Fact of voting to be entered on registration card . At every general or special election, as each voter casts his vote, election officials shall enter indelibly on the registration card of such voter in the space provided for that purpose the fact that the elector voted and the month, day and year of such election, which entry may be with pen and ink or stamp or other device provided for that purpose. Absentee ballots. (1) Authorized; application; delivery by registered mail . Any registered and qualified voter, when required to be absent from the City of Augusta on the date of any general or special election may vote by registered mail; provided, that he or some member of his immediate family shall apply for a ballot in writing to the Clerk of the City Council of Augusta not less than ten days nor more than sixty days prior to the general or special election in which he may desire to participate. Such application for a ballot shall be accompanied with postage, or the correct amount in legal tender, necessary for the return to him by registered mail of a blank ballot, with full instructions as to marking the said ballot, and its proper return to the said clerk. Absentee ballots. (2) Enrolling applicants who are qualified voters; mailing ballots; enclosures with ballots . The said clerk, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the election for which application to vote is made, and shall enroll the name and address of the applicant, if found eligible in a book to be provided for the purpose, and make out the certificate and coupon attached, as hereinafter provided, and forward the same to the applicant at least nine days prior to the date of holding said election, by registered mail, general delivery, the cost of the same having been forwarded as hereinbefore provided, and also shall enclose in said letter: (a) An envelope containing the folded ballot, sealed

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and marked Ballot Within. (b) An envelope, for resealing the marked ballot, the form of which is hereinafter provided, and called Voucher. (c) A properly addressed envelope for the return of said ballot. (d) A printed slip, giving full instructions regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided by the Mayor of the City of Augusta. The certificate of registration shall be printed, and worded as follows: This is to certify thatis a qualified voter of theWard of the City of Augusta, Richmond County, Georgia, and entitled to vote in the election to be held on19. Application for ballot received,19,from(post office) and mailed to(post office) as requested on,19. A copy of this certificate is filed with the letter of application. No.. (Signed) Clerk of the City Council of Augusta. (3) Method of marking ballot. Upon receipt of the registered letter, forwarded by the clerk as is hereinafter provided, the applicant shall open the sealed envelope marked Ballot Within in the presence of the postmaster, or his assistant, or an officer qualified under the law to attest deeds, and shall then and there mark and refold the ballot without assistance and without making known the manner of marking the same. He shall then and there place the ballot within the envelope in

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the presence of the postmaster, his assistant, or said officer, who shall witness the same in writing, as hereinafter provided. The envelope with the coupon hereinafter described shall be enclosed within the envelope directed to the said clerk and th registration date of the same shall be the same as that of the coupon enclosed. (4) Return of marked ballot; blanks to be filled out and returned with ballot. The applicant, after marking and refolding the ballot as hereinabove described, shall seal and sign the voucher, the postmaster, his assistant or said officer signing as witness to said voucher. The postmaster, his assistant or said officer shall fill out the following blank, detach the coupon from the certificate, and place it within the return envelope containing the sealed ballot: NameColor HeightAgeColor of Hair Color of eyesWeight (estimated) Birth place given by voter Occupation State and County where voter claimed to have last votedCountyState. To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no knowledge whatever of the marking, erasures or intent of the ballot enclosed. (Signed) The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: This is to certify that the enclosed ballot was received by me from the Clerk of The City Council of Augusta. The envelope marked Ballot Within was opened by me in the presence of, Postmaster, Assistant Postmaster or officer authorized by law to attest

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deeds, of County, marked while in the office, with out assistance or knowledge on the part of any one as to manner in which the same was prepared and then and there sealed as provided by law. (Signed) Teste: Date, 19 (5) Clerk to be furnished with ballots; return of unused ballots. It shall be the duty of the Mayor of the City of Augusta to furnish the said clerk with a sufficient number of blank ballots, each properly sealed in an envelope marked Ballot Within, and take his receipt for the same. Within five days subsequent to the election, the clerk shall return to the mayor all unused ballots in their original sealed envelopes and a list of the voters who have been furnished ballots as provided in this Chapter. (6) Preparation, etc., of ballots. All ballots furnished to the said clerk under the provisions of this Act shall be uniform in size, color, and arrangement, and be designated by having printed upon them the words Official Absentee Ballot. Each ballot shall be arranged so as to show the same series letter, and each ballot numbered consecutively and with a stub for each ballot containing the series letter and number of ballot, which can be detached from the ballot, conforming thereto, and the ballot shall show the same series letter and number as appears on the stub. All such ballots in the election for mayor shall contain on one side the names of all candidates for mayor, and those furnished for councilmanic elections shall contain the names of the candidates for council and on the back of said ballot shall be printed the words Official Absentee Ballot and the facsimile signature of the mayor and clerk of council. Nothing else shall be written or printed on said ballot except that necessary to comply with the general laws of this State with reference to the Secret Australian ballot system and the general laws of this State governing elections. (7) Disposition of ballots upon return after marking.

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Upon the receipt of the return ballot from the voter, the said clerk shall, opposite the name of the voter in the book heretofore mentioned, write in ink the words: Deposited in sealed box by me on, 19, and then add his own signature, and shall deposit the envelope containing the ballot, unopened, in the sealed box to be provided for this purpose, and there it shall remain until the day of the election. The coupons enclosed with the return ballots shall be filed with the letter of application. The return envelope shall show the series letter and number of the ballot deposited herein. (8) Delivery of sealed ballots to election managers. On the day of the election the said clerk shall deliver the box containing the sealed ballots, together with the letters of application and return coupons attached, with a list of the same in triplicate, sealed, to the managers of the election, at the ward in which the ballots are to be cast, and shall take a receipt for said box and sealed papers. The clerk shall also deliver to the managers the pad or pads with stubs showing series letters and number of ballots furnished, and no ballot shall be counted unless the series letter and number on the ballot shall correspond with the series letter and number on the ballot contained in the envelope returned by the absent voter. (9) Deposit of ballots in regular ballot box. At the close of the regular voting the box shall be opened by the managers of the election, and the ballot deposited in the regular ballot box kept for that purpose as follows: As each envelope shall be removed from the box, the name of the voter shall be called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope shall then, but not until then, be opened, and the ballot deposited in the regular box kept for that purpose without examining or unfolding it. (10) Return of envelopes, etc., to original box; sealing original box. When all the ballots shall have been accounted for and either voted or rejected, the empty envelopes that previously contained the sealed ballots shall

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be returned to the original box, together with the sealed package of letters of applications and coupons, and the rejected envelopes, if any, on which, or on a paper attached thereto, shall be plainly written the cause of rejection, signed by a majority of the managers of the election. The box shall thereupon be resealed and not opened within thirty days except by order of court. Hour polls to be open. The polls in each ward of the City of Augusta shall open at 7:00 A. M., Eastern Standard Time, and shall close at 6:00 P. M., Eastern Standard Time, and no one shall be allowed to cast a ballot before the opening of said polls [UNK]or after the closing thereof. Voting hours. Ascertainment of election results. Immediately upon the closing of said polls the managers and clerk shall proceed to count and consolidate the vote in each ward booth. After the voting machine votes and absentee ballots are counted and tabulated, three copies of the returns shall be made, each being placed in a separate and distinct envelope, one of the returns to be placed in the absentee ballot box the other two envelopes containing said consolidation to remain on the outside of the absentee ballot boxes and each delivered to the council as hereinafter provided. There shall be a stated meeting of the City Council of Augusta at 12:00 noon, Eastern Standard Time, of the day following any election, whether it be regular or special, for the purpose of receiving the returns and consolidation of the ballot of said election. The absentee ballot boxes and returns from each ward booth shall be delivered to and remain in the charge of a manager representing the candidate for mayor who received the majority or plurality of the votes cast in said ward, or in the case of election for the council, in charge of the manager representing the candidate for the council who received the majority or plurality of the votes in said ward. It shall be the duty of the manager in charge of the absentee ballot box and returns from each ward poll as hereinbefore prescribed to deliver to The City Council of Augusta at its meeting hereinbefore provided for, said absentee ballot box and returns and the envelopes containing the consolidation of the ballot

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of each respective ward. One envelope or two envelopes if there be no absentee ballot box shall be addressed to The City Council of Augusta, one of which shall be opened in open council and the results read out at such meeting for the purpose of conolidating said ballot. The other envelope, if any, shall be held thirty days and destroyed. The third envelope containing said return shall be addressed to the Clerk of the Superior Court of Richmond County and each of these envelopes shall be collected by the clerk of council and the envelope addressed to the clerk of court and delivered to said clerk along with the absentee ballot boxes, which shall remain on file with said court clerk thirty days before said ballots are destroyed. In case of election for mayor, the returns shall be made by the respective managers from all of the wards of the City of Augusta and the returns therefrom consolidated and upon the consolidation thereof, the person receiving the plurality of consolidated votes shall be declared as having been elected to said office for the term for which he may have been a candidate in said election. In case of election for a member of the council, the same procedure shall be used and upon the results from the respective wards being delivered to the council the candidates for the council from each of said wards receiving the plurality of the votes cast in all the wards shall be declared elected to the office for which he was a candidate. Returns. Ties in election of mayor. In an election for mayor, in the event of any two or more having the highest and an equal number of votes, then the members of council shall decide by a majority vote which of the persons having such equal number shall be mayor. Ties. Contested elections of mayor or councilmen. If the election of the mayor or a member of council shall be contested, such contest shall be heard and determined by the Ordinary of Richmond County, as provided in the Acts of 1893, p. 125 (Code of 1933, Section 34-3001). Contested elections. Violation of any preceding sections . Any member of an election committee or managers or clerks of any election

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held for the purpose of nominating candidates for any municipal office of the City of Augusta, violating the provisions of the foregoing sections in reference to the manner of conducting such elections in any other manner, shall be guilty of a misdemeanor, and liable to fine and imprisonment as for a misdemeanor. Violations. Section 2. Nothing herein contained shall be construed as affecting or applying to any incumbent in the office of mayor or members of council upon the date of the passage of this Act, nor the terms of office for which elected. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1955 session of the General Assembly of Georgia: An Act. An Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to provide for and regulate general and special elections for mayor and members of council; to fix the time and hours and specify mode, method and requirements for holding same; to prescribe qualifications for candidates and the manner in which persons intending to become candidates shall indicate such intention; to provide for the registration and qualification of voters and the preparation of a list thereof; to fix the terms of office of mayor and members of council; to provide for the officers of mayor pro tempore and acting mayor and for the filling of vacancies in the offices of mayor and of council pending elections; to regulate the method of voting by voting machine or absentee ballot; to provide for managers and clerks, their method of selection and define their duties and authority; to provide for the challenging

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of voters, the returns of all elections, the declaration of the result thereof and the manner of contesting same; to provide for resolving a tie in the election for mayor, to prohibit fraudulent voting and provide penalties therefor and provide penlties for the violation of any other provision thereof; to define the terms used therein and repeal certain amendatory Acts to the charter aforesaid; and for other purposes. R. Lee Chambers, III, W. W. Holley, Carl E. Sanders, Members General Assembly of Georgia. Dec. 30; Jan. 6, 13. Affidavit of Publication. 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 Chronicle, a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local Legislation duly appeared in said newspaper on the following dates to wit: December 30, 1954, January 6 and 13, 1955. /s/ Jack E. Webb. Sworn to and subscribed before me this 13th day of January 1955. /s/ George M. Peters Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Notarial Seal) /s/ R. Lee Chambers /s/ Carl E. Sanders /s/ W. W. Holley Members General Assembly of Georgia. Approved February 8, 1955.

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HINESVILLE CORPORATE LIMITS. No. 35 (House Bill No. 29). An Act to amend an Act creating a new charter for the City of Hinesville, approved March 15, 1935 (Ga. Laws 1935, p. 1088), as amended, so as to change the corporate limits of the City of Hinesville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hinesville, approved March 15, 1935 (Ga. Laws 1935, p. 1088), as amended, is hereby amended by striking in its entirely Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The corporate limits of the City of Hinesville shall be as follows: Beginning at the Liberty County courthouse in Hinesville and running one (1) mile in each and every direction from said beginning point, Except, that where said line intersects or touches the boundary line of the Camp Stewart Military Reservation, the city limits of Hinesville shall follow the Camp Stewart Reservation line, and Except, if and where the new city limits line shall intersect or touch the city limits line of the City of Flemington, then said line shall follow the city limit line of the City of Flemington. 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 there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill to extend the city limits of the City of Hinesville; and for other purposes.

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This 1st day of December, 1954. Roscoe Denmark, Representative, Liberty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roscoe Denmark, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald, which is the official organ of Liberty County, on the following dates: December 23 and December 30, 1954 and January 3, 1955. /s/ Roscoe Denmark Representative, Liberty County. Sworn to and subscribed before me this 12 day of January, 1955. /s/ Floy C. Stephenson Notary Public (Seal) Notary Public, Georgia, State at Large My commission expires October 18, 1955. Approved February 8, 1955. MUSCOGEE COUNTY STREET IMPROVEMENT ASSESSMENT ACT. No. 37 (House Bill No. 246). An Act authorizing Muscogee County, Georgia, and the governing authority of said county to provide for the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks

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within the unincorporated areas of said county, and to levy assessments therefor; to carry into effect an amendment to the Constitution of the State relating to the authority of Muscogee County to construct such improvements, and to assess the cost thereof against the abutting owners where persons owning at least fiftyone percent of the frontage shall consent; to authorize the governing authority of Muscogee County to employ the necessary personnel for such construction and maintenance; to provide that the county authorities may assess the cost of such work against the abutting property owners; to provide for the creation of liens against the abutting property for the assessments, and to authorize and provide methods for the issuance, enforcement and collection of fi. fas. for such assessments, with the right to sell, transfer and assign such fi. fas.; to authorize the county authorities to provide rules and regulations in regard to the construction and maintenance of streets, sidewalks and curbing within such areas, and to promulgate such rules and regulations, 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 short title of this Act shall be the Muscogee County Street Improvement Assessment Act. Section 2. The purpose of this Act is to carry into effect the constitutional amendment reported in Georgia Laws 1953 (Nov.-Dec.), p. 515, empowering the General Assembly of Georgia to grant to the governing authority of Muscogee County, Georgia, in addition to powers already granted, the power to grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county. The powers herein granted to the governing authority of said county are supplemental and cumulative to other powers and authority of said county with reference to any of the matters to which this Act pertains. Purpose of Act.

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Section 3. Whenever the term governing authority is used in this Act, it shall refer to the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, or to any officer or officers, board or boards, which may by law hereafter eacted be vested with the governmental powers possessed by the present board of commissioners of roads and revenues of said county. Whenever the term improvements is used in this Act, it shall refer to the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks within the unincorporated areas of Muscogee County, Georgia. Governing Authority. Improvements. Section 4. The governing authority is hereby authorized and empowered to provide for the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks within the unincorporated areas of Muscogee County, Georgia, doing the same in such manner and to such extent as in the discretion of the governing authority seems proper and necessary in accordance with the provisions of this law. Streets, roads, etc. in unincorporated areas. Section 5. The governing authority is authorized and empowered to provide for such improvements where the owners of property having at least fifty-one percent of the lineal frontage abutting such proposed improvements give their consent therefor in the manner hereinafter provided. Consent of abutting owners. Section 6. The governing authority shall be empowered to determine the cost of such improvements and to assess the cost pro-rata against the abutting property owners, such assessments to be made according to the proportion which each abutting property owner's frontage bears to the total frontage improved. The entire cost of grading, paving or otherwise improved. The entire cost of grading, paving or otherwise improving sidewalks or installing curbs and gutters shall be assessed against the real estate abutting on the side of the road or street on which said improvements are made. When the improvements consist of the grading or paving of a portion of a street or road used for vehicular travel, the cost shall

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be assessed proportionately against the property owners on both sides of the street or road. Assessments. Section 7. The governing authority shall in its discretion determine the propriety and necessity of making the improvements authorized under this law and shall determine and decide all matters relating to the manner, time, place and extent of making such improvements. Discretion of governing authority. Section 8. The governing authority of said county may, on its own initiative, make any of the improvements herein authorized, provided, however, that before making such improvements and assessing the cost therefor, consent shall be obtained in the manner hereinafter prescribed from owners of property having at least fifty-one percent of the frontage abutting such proposed improvements after notice to all of the owners of property abutting such improvements and a public hearing as to the propriety and necessity therefor. Procedure. Section 9. The governing authority shall also be empowered to make such improvements upon a written petition therefor filed with the clerk of the governing authority by persons owning at least fifty-one percent of the frontage abutting such proposed improvements, but only after notice in the manner hereinafter prescribed to all of the persons owning property abutting such improvements and after a public hearing as to the propriety and necessity therefor. Petition. Section 10. Whenever, under Section 8 of this Act, the governing authority shall have determined on its own initiative the desirability of making such improvements, or whenever, under Section 9 of this Act, a petition for such improvements shall have been filed, then the governing authority shall by resolution set and fix a time and place for a public hearing with respect to the making of such improvements. A notice of such public hearing shall be published once in the newspaper in which sheriff's advertisements in Muscogee County are carried at least ten days before the time of such hearing, which notice shall set forth the nature of the improvements to

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be made, with a brief description of the property to be improved, including the geographical beginning and terminal points of such improvements, and also the estimated pro-rata cost per front foot. The notice shall further set forth the date, time and place of hearing, and shall state that if such improvements are authorized by the governing authority after full hearing, the cost of the improvements will be assessed pro-rata against the owners of the property abutting said improvements. A copy of the notice of the public hearing shall be mailed at least ten days before the hearing to each owner of property abutting such proposed improvements. The person in whose name the property has been last returned to the Tax Commissioner of Muscogee County for taxation, or in whose name it has been last assessed, shall be deemed to be the owner, and the notice shall be mailed to such person at the address appearing upon the tax commissioner's records. The posting of a letter containing such notice in the United States mail, duly stamped and addressed as herein required, shall be deemed a sufficient compliance with the requirements of this law regarding the mailing of notices. A substantial compliance with these requirements as to notice and the contents thereof shall be sufficient. If more than one person appears from the tax returns as owners, a notice shall be mailed to all of the persons listed as owners. A grantor in a security deed or the obligee under a bond for title or a contract or purchase shall be deemed to be the owner. Hearings. Section 11. The governing authority of the county shall, at the time and place appointed in the resolution, hold and conduct a public hearing with respect to the making of the proposed improvements. Any property owner desiring to object shall, at or before the time of the public hearing, file with the clerk of the governing authority a written statement setting forth any and all objections to the proposal. The governing authority shall give careful consideration to all objections which may be filed, and shall also give full consideration to the desirability of making the proposed improvements. If the making of the improvements is opposed by persons owning as much as fifty-one percent of the frontage, the improvements

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shall not be made. If however, after considering all objections and if it appears that persons owning as much as fifty-one percent of the frontage have consented, the governing authority shall then in its discretion determine whether or not such improvements shall be made. If it is determined that such improvements shall be made. If it is determined that such improvements shall be made, and if it appears that the owners of property having at least fifty-one percent of the frontage abutting such proposed improvements have given their consent to the making of the improvements, either by their written petition therefor or have given their consent by failing to object, the governing authority shall then have the full right and power to make such improvements and to assess the cost thereof prorata against the abutting property owners. The public hearing may be continued from time to time by resolution duly adopted by the governing authority and recorded on the minutes. Any and all owners of property abutting such proposed improvements who make no objection at the appointed time for the public hearing shall be conclusively deemed to have consented to such improvements and to have agreed that the cost thereof be assessed prorata against them. objections Section 12. In the event of the adoption of a resolution authorizing the making of the improvements and the assessment of the cost thereof prorata against the owners of the abutting property, all such property owners who do not within fifteen days from the date of the adoption of such resolution commence legal proceedings to contest the making of the improvements or the assessments of the cost shall conclusively be presumed to have accepted the terms of said resolution and to have conclusively agreed that the cost of making the improvements be assessed as provided. Authorizing resolution. Section 13. After the expiration of fifteen days from the date of the adoption of a resolution authorizing the making of the improvements and the assessment of the cost as aforesaid, and unless legal actions which interfere with the making of such improvements and assessments shall have been commenced within the prescribed period, the governing authority may then proceed as

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soon as it may decide is practicable to have such improvements made. The improvements may be made either through the utilization of the forces of the public works department of the county or by the letting of contracts therefor. The governing authority shall have full and complete discretion as to the manner in which said improvements are made, and shall be authorized to employ and compensate such personnel as may be required to perform any services essential to the making of the improvements, including services necessary to the preparation of surveys, the supervision and inspection of the work and the performance of any and all other types of service made necessary by reason of the undertaking. Making of improvements. Section 14. The governing authority may adopt such rules and regulations as in its discretion seem necessary for the exercise of any of the powers granted by this Act. Section 15. When the improvements have been finally completed, the total of the cost shall be determined and a resolution adopted by the governing authority apportioning and assessing the cost against the abutting owners on the basis provided in Section 6 of this Act. The clerk of the governing authority shall then give written notice by United States mail to each abutting owner informing him of the amount assessed against his property. Such assessment shall be due and payable thirty days from the date of the adoption by the governing authority of the final resolution fixing the total cost of the improvements and making the assessments against the abutting property owners. Assessments. Section 16. The clerk of the governing authority shall provide and keep a permanent and well bound book to be known as Muscogee County Assessment Book for Street Improvements and shall provide additional volumes as the same are needed. Each volume shall bear a separate number or letter, and the pages thereof shall be numbered consecutively. The book shall be so indexed as to show each street or road improved and shall contain appropriate columns for a brief description of each parcel of land assessed, the name of the apparent owner,

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the frontage of the street or road improved and the amount of the assessment apportioned against the parcel of property improved. No error, omission or mistake in regard to the name of the owner shall invalidate any assessment. Said book shall be a public record, and the entry therein of any assessment shall constitute notice to the public of the lien against the land so assessed. Assessment book. Section 17. The resolution adopted by the governing authority authorizing said improvements under Section 11 of this Act shall also provide for the making of a general assessment of the cost against the abutting property owners, and shall create an inchoate lien against said abutting property. Said lien, however, shall become fixed as to the amount upon the adoption of the final resolution apportioning the specific assessments, as provided in Section 15 of this Act, and shall date and rank from the date of the adoption of said final resolution. The liens so created shall have the same rank and character as liens for other taxes due Muscogee County, Georgia, coequal with the liens for other taxes, and all persons shall be charged with the notice of the existence of said liens effective from the date of the adoption of the resolution making the general assessment and the recording of such resolution on the minutes of the governing authority. Lien of assessments. Section 18. All assessments made against the owners of property abutting such improvements shall become due and payable thirty days after the date of the adoption of the final resolution fixing the specific amounts of the assessments and the giving of the notice thereof to the owners, as provided in Section 15 of this Act. Any owner, however, may elect to pay the assessment in installments in the manner hereinafter provided. Where no such election is made and where a default occurs in the payment of the assessment, an execution may be issued for the enforcement of such assessment, such execution to be issued in the name of Muscogee County, Georgia, and enforced by levy and sale by the sheriff of said county in the same manner that tax executions are enforced. Such assessment shall bear interest at the rate of seven percent per annum. Payment. Executions.

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Section 19. The governing authority shall have power by resolution to provide for the payment of any assessments in two or more annual installments to bear interest at such rate as the governing authority may determine, but not to exceed seven percent per annum. All property owners desiring to avail themselves of the installment plan of payment shall within sixty days after the final assessment is made sign notes in such form and tenor as the governing authority shall prescribe, and to bear interest and to mature as provided by the terms of the resolution authorizing the payment in installments. Such notes shall be negotiable in form and shall constitute liens against the property so assessed, which property shall be briefly described in the face of the note. In case of a default in the payment of any one of the installment, then the remainder of said installments shall become immediately due and payable, and the governing authority, or any person to whom such note has been transferred, shall have the right to have execution issued thereon for the full balance due with interest to the date of the issuance of execution plus a penalty of ten percent of the amount then due. Such holder may proceed to enforce the execution by a levy upon the property described in such note, or any other property of the owner within the county, such execution to be levied and enforced by the sheriff of said county, or his lawful deputies, under the same rules and regulations governing other sheriff's sales in said county. Any such executions shall be issued in the name of Muscogee County, Georgia, and shall bear teste in the name of the governing authority of said county and be signed by the clerk of the governing authority. If the note for the assessment has been transferred by the county authority to another holder, the execution shall issue and be enforced in the name of the county but for the benefit and use of the holder of said note. Installment payments. Notes to cover. Executions. Section 20. The defendant in an execution shall have the right to contest the legality of the same, including the amount due, if ground for such contest exist. The procedure for contesting such executions shall be by an affidavit of illegality, and the procedure thereon shall

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be the same as that provided for the contesting of the legality of executions for other taxes. If the defendant should contest the legality of the execution, he shall state what amount, if any, he admits to be correctly due, and that he has paid such admitted amount. All such affidavits so filed shall be returned to the Superior Court of Muscogee County, Georgia, and the issue thus made shall be determined as in cases of illegality, subject to penalties provided in cases of illegality for delay. Affidavits of illegality. Section 21. Any execution issued under the provisions of this Act may be sold, transferred or assigned, in the discretion of the governing authority, and property of the defendant levied upon and sold under the same law regulating the levy and enforcement of tax executions. Section 22. The governing authority shall be empowered to acquire whatever property may be necessary to the making of any of the improvements for which provision is herein made and to this end, may exercise all of the powers of eminent domain as provided by law. Eminent domain. Section 23. If any section or portion of this Act be declared unconstitutional, the remaining sections or portions thereof shall not be affected thereby, and shall not be invalidated, but shall remain in full force and effect. Section 24. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for Muscogee County, Georgia, are published, namely, in the Columbus Ledger, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Act is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law. Section 25. Be it further enacted by the authority aforesaid that all laws in conflict herewith be, and the same are hereby repealed.

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Certificate of Publication. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1955 session of the General Assembly of Georgia, convening January 10, 1955, the bill or bills to be entitled substantially as follows: An Act authorizing Muscogee County and the governing authorities of said county to provide for the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks within the unincorporated areas of said county, and to levy assessment therefor; to carry into effect an amendment to the Constitution of the State relating to the authority of Muscogee County to construct such improvements, and to assess the cost thereof against the abutting owners where persons owning at least 51% of the frontage, shall consent; to authorize the governing authorities of Muscogee County to employ the necessary personnel for such construction and maintenance; to provide that the county authorities may assess the cost of such work against the abutting property owners; to provide for the creation of liens against the abutting property for the assessments, and to authorize and provide methods for the issuance, enforcement and collection of fi. fas. for such assessments, with the right to sell, transfer and assign such assessment and such fi. fas.; to authorize the county authorities to provide rules and regulations in regard to the construction and maintenance of streets, sidewalks and curbing within such areas, and to promulgate such rules and regulations, and for other purposes. This 23rd day of December, 1954. Theo J. McGee, County Attorney, Muscogee County. Dates of Publication: 12/28, 1/3, 1/10.

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Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, M. R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in 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 December 28th, 1954, January 3, 1954, and January 10, 1954. /s/ M. R. Ashworth Sworn to and subscribed before me this 20 day of January, 1955. /s/ H. L. Hollis Notary Public, Muscogee County, Georgia. Seal Affixed. Approved February 8, 1955. LIMITED ACCESS HIGHWAYS IN CERTAIN COUNTIES. No. 40 (House Bill No. 167). An Act to amend an Act approved February 25, 1949 (Ga. Laws 1949, p. 1875) to authorize the establishment of limited access highways in counties having a population of 300,000 or more, according to the United States census of 1940, or any future census, by providing that the provisions of such Act shall be effective in any county of this State having either wholly or partly situated within its borders a city with a population of 300,000 or more, according to the United States census of 1950, or any future United States census.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same. That an Act approved February 25, 1949 (Ga. Laws 1949, p. 1875) to authorize the establishment of limited access highways in counties having a population of 300,000 or more, according to the United States census of 1940, or any future census, be amended by adding to said Act the following language to wit: Act of 1939. Section 1. From and after the passage of this Act, all of the provisions of the same shall be effective in all counties of this State having either wholly or partly situated within its borders a city with a population of 300,000 or more, according to the United States census of 1950, or any future United States census. Applicable in certain counties. Section 2. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks, during a period of sixty days immediately preceding its introduction in the General Assembly, attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. 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. January 11, 1955, 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

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DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 9, 16, 23rd, 1954. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 11 day of January, 1955. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. 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 January, 1955, for the passage of local legislation, the title of such bill to be as follows: An Act to amend an Act approved Feb. 25, 1949 (Ga. Laws 1949, p. 1875) To authorize the establishment of limited access highways in counties having a population of 300,000 or more, according to the United States census of 1940, or any future census, by providing that the provisions of such Act shall be effective in any county of this State having either wholly or partly situated within its borders a city with a population of 300,000 or more, according to the United States census of 1950, or any future United States census, and for other purposes. W. Hugh McWhorter, Jas. A. Mackay, Guy W. Rutland, Jr. 12-9-3t. Approved February 8, 1955.

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SMYRNAEMINENT DOMAIN. No. 41 (House Bill No. 134). 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 grant said city the power of eminent domain, without as well as within the said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, is hereby amended by adding after the word within in Section 48, the words and without, so that when so amended Section 48 shall read as follows: Sec. 48. Be it further enacted, that the right to condemn, take, and damage private property and corporate property within and without the limits of the said town for public use is hereby specially delegated to and conferred upon the mayor and council of said town, under the doctrine of eminent domain, upon just and adequate compensation being first paid or tendered for property so taken or damaged to the owner thereof. Eminent domain. Section 2. 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 intention to apply for passage of a local bill, amended the charter of the City of Smyrna, so as to grant said city the power of eminent domain, both within and without the corporate limits thereof; and for

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other purposes, was published in the Cobb County Times in its editions of December 16, 23 and 30, 1954: T-1564 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1955 session of the General Assembly of Georgia a bill to amend the charter of the City of Smyrna, so as to grant said city the power of eminent domain, both within and without the corporate limits thereof; and for other purposes. This 15th day of December, 1954. Fred D. Bentley, Raymond M. Reed, Harold S. Willingham, Representatives, Cobb County. 12; 16-23-30 Department 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 for the county were published for the calendar year 1954. This 15th day of January, 1955. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times Sworn to and subscribed before me this 15th day of January, 1955. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. Approved February 8, 1955.

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MONROE LIMITS EXTENDED. No. 42 (House Bill No. 19). 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 annex territory to the corporate limits of City of Monroe so as to extend the city limits of said City of Monroe by annexing State Route No. 10 (U. S. Highway 78) from the present westerly city limits to the easterly end of, but not including, the concrete bridge over Mountain Creek and the right-of-way parallel thereto, subject to existing easements; 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 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 the following territory: State Route No. 10 (U. S. Highway 78), including the entire right-of-way thereof, in the State of Georgia, County of Walton adjoining the existing city limits of City of Monroe, and beginning at the present existing city limits of Monroe on said State Route No. 10 westerly from Monroe and running westerly the distance of approximately 1984 feet to the easterly end of, but not including, the concrete bridge over Mountain Creek on said route and the right-of-way parallel thereto. Section 2. That said portion of State Route No. 10 (U. S. Highway 78), including the entire right-of-way, to be so annexed to the corporate limits of City of Monroe subject to all existing easements pertaining to said annexed territory.

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Section 3. That all powers and authority of the City of Monroe, under its charter and ordinances, and all laws appertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the said 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 Monroe; the power of fixing and regulating business. The power of the health department, police department, 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 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. 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 December 8th, 15th, and 22nd., 1954. /s/ Sanders Camp. Sworn to and subscribed before me this 5th day of January, 1955. /s/ Jeanette S. Scott Notary Public, Walton County, Ga. Notarial Seal Affixed.

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Notice of Intention to Apply for Passage of Local Bill Notice is hereby given that there will be introduced at the January, 1955, session of the General Assembly of Georgia a bill to amend the charter of the city to corporate limits of City of Monroe, the territory to be annexed consisting of State Route 10 (U. S. Highway 78) including the entire right-of-way from the present westerly limits of City of Monroe to the easterly end of, but not including, the concrete bridge over Mountain Creek on said route and the right-of-way parallel thereto; to extend the power and authority of City of Monroe to the territory included within said limits; to repeal conflicting laws; and for other purposes. This 8th day of December, 1954. L. D. Wall, City Clerk City of Monroe. (49 50 51). Approved February 8, 1955. BURKE COUNTY TAX COMMISSIONER'S COMPENSATION. No. 45 (House Bill No. 24). An Act to amend an Act creating the office of Tax Commissioner of Burke County, approved August 20, 1925 (Ga. Laws 1925, p. 562), as amended by an Act approved March 23, 1937 (Ga. Laws 1937, p. 1266), so as to change the compensation of the Tax Commissioner of Burke County; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act to amend an Act creating the office of Tax Commissioner of Burke County, approved August 20, 1925 (Ga. Laws 1925, p. 562), as amended by an Act approved March 23, 1937 (Ga. Laws 1937, p. 1266), is hereby amended by striking Section 4, relating to fees, in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The tax commissioner shall file with the Board of Commissioners of Burke County a monthly statement setting forth the amount of fees retained by him as compensation, as hereinafter provided. Such statement shall show for what services such fees were received. All other moneys shall be turned over to the proper official of the county. Monthly statement. Section 2. Said Act is further amended by striking Section 6, relating to compensation, in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The Tax Commissioner of Burke County shall be compensated for his services on a fee basis, and he shall receive all the fees, commissions and compensasation now or hereafter provided by law to be received by tax commissioners, tax receivers and tax collectors, which shall include fees, commissions and compensation for any special taxes collected for the State or the county, or both. Compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The True Citizen. Established in 1882. Phone 2111. Waynesboro, Georgia. January 7, 1955. This is to certify that the legal notice of Intention to Introduce Local Legislation so as to change the compensation of the Tax Commissioner of Burke County has been published in the True Citizen, legal organ for Burke

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County, for four weeksDecember 16-23-30, 1954 and January 6, 1955. /s/ Dorothy B. Perkins Dorothy B. Perkins. Notary Public, Georgia, State at Large. My commission expires January 11, 1958. Notarial Seal Affixed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955, session of the General Assembly of Georgia, a bill to provide that the Tax Commissioner of Burke County shall receive as compensation all fees allowed by law; to provide the procedure connected therewith; and for other purposes. This 11 day of December, 1954. F. M. Cates, Representative, Burke County. T. W. Mobley, Representative, Burke County. A Bill. To be entitled an Act to amend an Act creating the office of Tax Commissioner of Burke County, approved August 20, 1925 (Ga. Laws 1925, p. 562), as amended by an Act approved March 23, 1937 (Ga. Laws 1937, p. 1266), so as to change the compensation of the Tax Commissioner of Burke County; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating the office

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of Tax Commissioner of Burke County, approved August 20, 1925 (Ga. Laws 1925, p. 562), as amended by an Act approved March 23, 1937 (Ga. Laws 1937, p. 1266), is hereby amended by striking Section 4, relating to fees, in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The tax commissioner shall file with the Board of Commissioners of Burke County a monthly statement setting forth the amount of fees retained by him as compensation, as hereinafter provided. Such statement shall show for what services such fees were received. All other moneys shall be turned over to the proper official of the county. Section 2. Said Act is further amended by striking Section 6, relating to compensation, in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The Tax Commissioner of Burke County shall be compensated for his services on a fee basis, and he shall receive all the fees, commissions and compensation now or hereafter provided by law to be received by tax commissioners, tax receivers and tax collectors, which shall include fees, commissions and compensation for any special taxes collected for the State or the county, or both. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. D16-23-30-J6c. Approved February 8, 1955.

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GAINESVILLE AND HALL COUNTY PLANNING COMMISSION. No. 46 (House Bill No. 77). An Act to enable the City of Gainesville and Hall County to establish a joint planning commission; to provide for the appointment of members to such commission; to provide for the preparation and amendment of an overall plan for the orderly growth and development of said municipality and county; to provide for principal powers and duties of such planning commission; to provide for the regulation of 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 and courts, density and distribution of population, and uses of buildings, structures and land within said municipality and all or specified parts of said county; to provide for the regulation of the subdivision of land; to provide for the regulation of buildings and map streets and proposed public building sites; to provide for a board of zoning appeals; to provide for duties and powers of said board of zoning appeals; to adopt procedures for processing and handling such zoning appeals; to provide for the enforcement of ordinances and regulations enacted under this Act; to provide for the regulation relative to the recording of subdivision plats; to provide for enforcement of such regulations in reference to recording of plats; to provide that all powers and authorities granted by this Act to the City of Gainesville and to the County of Hall or to such board of zoning appeals shall be cumulative and that all such powers and authorities shall be in addition to all other powers and authorities such planning commissions and board of appeals now have or may later have under any other law; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Planning Commission: Creation and Appointment.

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The Board of Commissioners of Roads and Revenues of Hall County (hereinafter referred to as the county commission) by resolution and the City Commission of the City of Gainesville (hereinafter referred to as the city commission) by ordinance are authorized to create a joint city-county planning commission (hereinafter referred to as the planning commission) which shall be known as the Gainesville-Hall County Planning Commission. The planning commission shall consist of six members, namely, a member of the county commission selected by that body, one of the city commissioners selected by that body; two members appointed by the county commissioners, and two members appointed by the city commissioners. All members of the planning commission shall serve as such without compensation, and none of the appointive members shall hold any other public office or position in the municipality or county. Terms of appointive members shall be four years or thereafter until their successors are appointed, except that the respective terms of the two initial county commission appointees shall be one and three years and the terms of the two initial city commission appointees shall be two and four years. Any vacancy in the appointive membership shall be filled for the unexpired term in the same manner as the initial appointment. The appointing county commission or city commission shall have authority to remove any appointive member for cause stated in writing and after public hearing. Creation and appointment. Section 2. Planning Commission: Organization, Rules, Staff, and Finances. The planning commission shall elect one of its appointive members as chairman who shall serve for one year or until he is re-elected or his successor is elected. The planning commission shall appoint a secretary who may be an officer or an employee of the city or the county or the planning commission. The planning commission shall meet at least once each month at the call of the chairman and at such other times as the chairman or the planning commission may determine, 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. The

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planning commission may appoint such employees and staff as it may deem necessary for its work. In the performance of its duties the planning commission may cooperate with, contract with, or accept funds from Federal, State, or local public o[UNK]r semi-public agencies or private individuals or corporation. It may make expenditures for the purchases of required equipment and supplies. The expenditures of the planning commission, exclusive of gifts or contract funds, shall be within the amounts appropriated for the purpose by the county commission and the city commission who are empowered to determine, agree upon, and appropriate funds for the payment of their respective shares of the expenses of the planning commission. Organization rules, staff, finances. Section 3. Planning Commission: Principal powers and duties. It shall be the function and duty of the planning commission to make such careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare such plans for physical, social, and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of the municipality and county. In particular, the planning commission shall have the power and duty to: Powers and duties. 1. Prepare a master plan or parts thereof for the development of the municipality and the county; 2. Prepare and recommend for adoption to the city commission or county commission respectively a zoning ordinance and map for the municipality or for the county or a specified portion thereof. 3. Prepare and recommend for adoption to the city commission or to the county commission respectively regulations for the subdivision of land within the municipality or within the county, and to administer the regulations that may be adopted. 4. Prepare and recommend for adoption to the city

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commission or to the county commission, respectively, a plat or plats or an official map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, or public building sites, together with regulations to control the erection of buildings or other structures within such lines. Section 4. Planning Commission: Miscellaneous powers . The planning commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plan and development of the municipality or county to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality or county programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote the planning of the municipality and county. Powers. Section 5. Planning commission: Reports on matters referred to it . The city commission and the county commission may by general or special rule provide for the reference of any matter or class of matters to the planning commission before final action thereon by the public body or officer of the municipality or county having final authority thereon, with the provision that final action thereon shall not be taken until said planning commission has submitted its report thereon or has had a reasonable time, to be fixed in said rule, to submit the report. Reports. Section 6. Master plan . It shall be the duty of the planning commission to make a master plan of the municipality and county and to perfect it from time to time. Such master plan shall show existing and proposed streets,

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highways, expressways, bridges, tunnels and viaducts and approaches thereto, routes of railroads and transit lines, terminals, ports, airports, parks, playgrounds, forests, reservations, sites for public buildings and structures, districts for residence, business, industry, recreation, special districts for other purposes, limited development districts for purposes of conservation, protection against floods, water-supply, sanitation, and drainage and the like, areas for housing developments, slum clearance, and urban renewal and redevelopment location of public utilities whether publicly or privately owned, including but not limited to sewerage and water-supply systems, zoning districts, and other planning features, together with time and priority schedules and cost estimates for the accomplishment of the proposals. The master plan shall be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems, and other useful data. Such plan may be adopted, added to, and changed from time to time, by a majority vote of the planning commission. It shall be a public record, but its purpose and effect shall be solely to aid the planning commission in the performance of its duties. Master plan. Section 7. Zoning: Grant of power . For the purpose of promoting the health, safety, morals, convenience, order, prosperity, or general welfare of the municipality or county, the city commission and the county commission for the municipality and county, respectively, are hereby empowered, in accordance with the conditions and the procedure specified in this Act, to regulate 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, the density and distribution of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Zoning power. Section 8. Zoning: Plan and ordinance . Whenever the planning commission makes and certifies to the city commission or to the county commission, respectively, a

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zoning plan, including both the full text of the recommended zoning ordinance and the maps, for the municipality or for the entire unincorporated area of the county or for any militia district or land lot within the county or for land areas 500 feet wide on either side of any State or county highway or section of such highway within the unincorporated area of the county, then the city commission or the county commission may exercise the powers granted to them in Section 7 of this Act and, for the purposes therein mentioned may divide the municipality or county or above specified portions of county into districts of such number, shape, and size as it may determine, and within such districts it may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The county commission or city commission may also provide for the termination of any use of a building or structure or land that is not in conformity with the regulations of the district within which it is located (hereinafter called a non-conforming use), by specifying the period or periods in which the non-conforming use shall be required to cease, and by providing a formula or formulae whereby the compulsory termination of a non-conforming use may be so fixed as to allow for the recovery or amortization of the investment in such non-conforming use. Zoing plan and ordinance. Section 9. Zoning: Method of procedure . Before enacting the zoning ordinance, the city commission or the county commission shall hold a public hearing thereon, at least fifteen days' notice of the time and place of which shall be published in a newspaper of general circulation in the municipality or county. No change in or departure from the text or maps, as certified by the planning commission, shall be made unless such change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report

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within the 30-day period, it shall be deemed to have approved the change or departure. Procedure. Section 10. Zoning: Amendments . Any zoning ordinance, including the maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment. The provisions of the previous section relative to public hearings and official notice shall apply equally to all amendments. Amendments. Section 11. Zoning: Board of appeals . The city commission and the county commission may each create a board of zoning appeals or they may create a joint board of appeals. The board of appeals shall consist of five members who shall be appointed by the city commission or county commission in the case of a separate board of appeals for the municipality or the county for overlapping terms of five years or thereafter until their successors are appointed except that the respective terms of the initial five appointees shall be one for one year, one for two years, one for three years, one for four years, and one for five years. In the case of a joint board of appeals, two members shall be appointed by the county commission and two members by the city commission for overlapping terms of five years or thereafter until their successors are appointed except the respective terms of the two initial county commission appointees shall be one and three years and the respective terms of the two initial city commission appointees shall be two and four years. These four members shall select a fifth member from the county at large who shall serve for a term of five years. In the event that a fifth member is not selected within 30 days of the date of the appointment of the last of the four members, the fifth member shall be

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appointed by the Judge of the City Court of Hall County. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. All members of the board of appeals shall serve as such without compensation and none of the members shall hold any other public office or position in the municipality or county. Board of appeals. The board of appeals shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this Act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Meetings. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Appeals. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in a certificate a stay would, in his opinion, cause imminent peril of life and property.

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In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a competent court on application, on notice to the officer from whom the appeal is taken, and on due cause shown. The board of appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The board of appeals shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any ordinance adopted pursuant to this Act. Powers of board. (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of practical difficulty or unnecessary hardship upon a finding by the board of appeals that: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and b. The application of the ordinance to this particular

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piece of property would create practical difficulty or unnecessary hardship, and c. Such conditions are peculiar to the particular piece of property involved, and d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the ordinance. In exercising the above powers, the board of appeals may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. Section 12. Zoning: Enforcement and remedies . The city commission or county commission may provide for the enforcement of any ordinance enacted under this Act by means of the withholding of building permits and occupancy permits, and for such purpose may establish and fill the position of building inspector, individually or jointly. From and after the establishment of such position and the filling of the same, it shall be unlawful to construct, reconstruct, or alter any building or other structure without first obtaining a building permit from such building inspector or to use such building or structure or any land without first obtaining an occupancy permit from such building inspector; and such building inspector shall not issue any permit unless the requirements of this Act and of any ordinance adopted pursuant to it are complied with. A violation of any ordinance enacted under this Act occurring within the corporate limits of the City of Gainesville shall be punished as provided by city ordinance in the Recorder's Court of the City of Gainesville. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land

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is or is proposed to be used in violation of any ordinance enacted under this Act, the building inspector, city or county attorney, or other appropriate authority of the municipality or county or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues shall be deemed a separate offense. Enforcement and remedies. Section 13. Zoning: Conflict with other laws . Whenever the regulations made under authority of this Act require a greater width or size of yards, courts, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statute, the regulations made under authority of this Act shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by the regulations made under authority of this Act, the provisions of such statute shall govern. Conflict with other laws. Section 14. Subdivision regulation: Planning commission as platting authority . From and after the time the planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan and shall have recommended to the city commission or to the county commission regulations for the subdivision of land within the municipality or county, respectively, which regulations shall have been adopted by the city commission or county commission as provided in Section 15 below, then no plat of a subdivision within the municipality or within the unincorporated portion of the county shall be filed or recorded in the office of the Clerk of the Superior Court of Hall County until it

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shall have been submitted to and approved by the planning commission and such approval entered in writing on the plat by the secretary of the planning commission. The Clerk of the Superior Court of Hall County shall not file or record a plat of a subdivision which does not have the approval of the planning commission as required by this Act. The filing or recording of a plat of a subdivision without the approval of the planning commission as required by this Act is hereby declared a misdemeanor and is punishable as other misdemeanors, as provided by law. Subdivisions. Section 15. Subdivision regulation: Provision of regulations . In exercising the powers granted to it by this Act, the planning commission shall prepare and recommend to the city commission or to the county commission for adoption regulations governing the subdivision of land within the municipality and unincorporated portion of the county respectively. Such regulations may provide for the harmonious development of the municipality and the county; for the coordination of streets within subdivisions with other existing or planned streets or official map streets; for the size of blocks and lots, for adequate open spaces for traffic, recreation, light, and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity, or general welfare. Same; regulations. Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved, and water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the city commission or county commission may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality or county the actual construction and installation of such improvements and utilities within a period specified by the planning commission and expressed in the bond; and the municipality or county is hereby granted the power

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to enforce such bonds by all appropriate legal and equitable remedies. The city commission and the county commission are hereby given the power to adopt and to amend such land subdivision regulations after a public hearing thereon, at least fifteen days notice of the time and place of which shall have been published in a newspaper of general circulation in the municipality or county. Section 16. Subdivision regulation: Procedure on plats . The planning commission is hereby given the power to give tentative approval or disapproval to preliminary plats and to approve or disapprove final plats but in each case their action shall be taken within thirty days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the planning commission on demand; provided, however, that the applicant for the planning commission's approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the planning commission. Any plat submitted to the planning commission shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the planning commission without affording a hearing thereon, notice of the time and place of which shall be sent by mail to said address not less than five days before the date fixed therefor. Same; procedure on plats. Section 17. Subdivision regulation: Effect on plat approval on status of dedications. The approval of a plat by the planning commission shall not be deemed to constitute or effect an acceptance by the municipality or county or public of the dedication of any street or other ground shown upon the plat. Effect of plat approval. Section 18. Subdivision regulation: Penalties for transferring lots in unapproved subdivisions. Whoever being the owner or agent of the owner of any land to be subdivided within the municipality or county within an area for which subdivision regulations have been adopted

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transfers or sells or agrees to sell or negotiates to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the planning commission and recorded in the office of the Clerk of the Superior Court of Hall County, shall be guilty of a misdemeanor and shall be punished as provided for other misdemeanors; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer shall not exempt the transaction from such penalties. The municipality or county, through its attorney or other official designated by the city commission or county commission, may enjoin such transfer or sale or agreement by action for injunction. Unapproved subdivisions. Section 19. Subdivision regulation: Acceptance of and improvements in unapproved streets. From and after the time when the platting jurisdiction of the planning commission shall have attached by virtue of the adoption by the planning commission of a major street plan and the adoption by the city commission or the county commission of a set of land subdivision regulations recommended to them by the planning commission, as provided in Section 14 of this Act, the city commission or county commission or other public authority shall not accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of any water mains, sewers, connections, or other facilities or utilities in any street within the municipality or county unless such street shall have been accepted or opened as, or shall otherwise have received the legal status of a public street prior to the said attachment of the planning commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or on a street plat made and adopted by said planning commission, provided, however, that the city commission or the county commission may locate and construct or may accept any other street if the ordinance or other measure for such approval be first submitted to the planning commission for its review and comment; such street shall have the status of an approved street as fully as though it had

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been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission. Streets. Section 20. Subdivision regulation: Erection of buildings. From and after the time when the platting jurisdiction of the planning commission shall have attached by virtue of adoption by the planning commission of a major street plan and the adoption by the city commission and the county commission of a set of land subdivision regulations recommended to them by the planning commission, as provided in Section 14 of this Act, no building permit shall be issued for and no building shall be erected on any lot within the municipality or county unless the street giving access to the lot upon which said building is proposed to be placed shall be accepted or opened as, or shall have otherwise received the legal status of a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by said planning commission or on a street plat made and adopted by said planning commission or with a street located and accepted by the city commission or county commission. Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or attorney or other official designated by the city commission or county commission may bring action to enjoin such erection or cause it to be vacated or removed. Erection of buildings. Section 21. Official map: Platting of street or public building site lines by planning commission. From and after the time when the planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys for the exact location of the lines of new, extended, widened, or narrowed streets in the whole or in any portion of the municipality or county and to make and certify to the city commission or to the county commission a plat or plats of the area thus surveyed on which are indicated the lines recommended

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by the planning commission as the mapped lines of future streets, street extensions, street widenings, or street narrowings. Official map. From and after the time when the planning commission shall have prepared and adopted a master plan or at least the public building sites portion of such master plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys for the exact locating of the boundary lines of new, enlarged or diminished sites for public buildings or sites for parks or playgrounds in the whole or in any portion of the municipality or county and to make and certify to the city commission or to the county commission a plat or plats of the areas thus surveyed on which are indicated the locations of the lines recommended by the planning commission as the mapped boundary lines of future public building sites or public park or playground areas or of existing sites or areas that are expanded or contracted. The making or certifying of a plat by the planning commission shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or public building site or public park or playground or the taking or acceptance of any land for such purposes. Section 22. Official map: Establishment. From and after the time when the planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan or the public building sites portion of such master plan, the city commission or the county commission may establish an official map of the municipality of the county, respectively, showing the location of the streets and public building sites of the whole or any part or parts of the municipality or county theretofore existing and established by law as public streets or public building sites. Such official map may also show the location of the boundary lines of streets or public building sites on plats of subdivisions which shall have been approved by the planning commission. The city commission or county commission shall

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certify the fact of the establishment of the official map to the Clerk of the Superior Court of Hall County. Official map. Section 23. Official map: Additions and changes. In the event the official map established under Section 23 of this Act does not include the whole of the municipality or county but only certain part or parts thereof, then the city commission or the county commission may add to the official map by placing thereon, from time to time, the boundary lines of streets or public building sites which at the date of the establishment of the official map existed and were established by law as public streets, or public building sites, or which appear on a plat which has been approved by the planning commission. The city commission or the county commission may make, from time to time, other additions to or modifications of the official map by placing thereon the lines of planned new streets, or street extensions, widenings, narrowings or vacations, the lines of new public building sites or the enlargement, diminution, or vacation of such areas; provided, however, that before taking any such action the city commission or the county commission shall hold a public hearing thereon, notice of the time and place of which shall be given not less than fifteen days previous to the time fixed therefor by publication in a newspaper of general circulation in the municipality or county and, insofar as their addresses appear in the municipal or county directory or on municipal or county records or are otherwise known to the city or county clerk, by mail to the record owners of the lands on or abutting which the proposed public street, public building site lines are located; and provided further that such proposed addition or modification of the official map shall be submitted to the planning commission for its review and comment. Section 24. Official map: Regulation of buildings in bed of mapped streets. For the purpose of preserving the integrity of the official map, the city commission or the county commission may provide by ordinance or resolution, respectively, that no permit shall be issued

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for any building or structure or part thereof on any land located between the mapped lines of any street or public building site as shown on the official map. Any such ordinance shall provide that the zoning board of appeals, if the municipality or county has such a board or if not, a board of appeals created for the purpose in such ordinance, shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the granting of a permit for a building or structure or part thereof within any such mapped lines in any case in which such board finds, upon the evidence and arguments presented to it upon such appeal: (a) that the property of the appellant of which such mapped-street, or public building site forms a part will not yield a reasonable return to the owner unless such permit be granted; or (b) that, balancing the interest of the municipality or county in preserving the integrity of the official map and the interest of the owner in the use and benefits of his property, the granting of such permit is required by considerations of justice and equity. Before taking any such action, the board of appeals shall hold a hearing thereon, at least fifteen days' notice of the time and place of which shall be given to the appellant by mail at the address specified by the appellant in his appeal petition. In the event that the board of appeals decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, materials of construction, and other details and conditions of extent and character, and also the duration of the building, structure, or part thereof to be permitted. Regulation of buildings in bed of mapped streets. Section 25. Definitions. For the purposes of this Act the term street or streets means, relates to, and includes, streets, avenues, boulevards, roads, highways, expressways, lanes, alleys, and other ways; subdivision means the division of a tract or parcel of land into two or more lots, sites, or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided.

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Section 26. Powers and authority granted to municipal and county commission are cumulative. All powers and authority granted by this Act to the Board of Commissioners of Roads and Revenues of Hall County, and to the City Commission of the City of Gainesville shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such commissions now have or may later have under any other laws. Section 27. Powers and authority granted to planning commission and to municipal and county or joint board of appeals are cumulative. All powers and authority granted by this Act to the municipal and county or joint board of appeals of the City of Gainesville and of Hall County shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such planning commission and boards of appeal now have or may later have under any other laws. Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session conventing in January, 1955, for the passage of local legislation, the title to such bill to be as follows: An Act to enable the City of Gainesville and Hall County to establish a joint planning commission; to provide for the appointment of members to such commission; to provide for the preparation and amendment of an overall plan for the orderly growth and development of said municipality and county; to provide for principal powers and duties of such planning commission; to provide for the regulation of 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 and courts, density and distribution of population, and the uses of buildings, structures, and land within said municipality and all or specified parts of said county; to provide for the regulation of the subdivision of land; to provide for the regulation of buildings and map streets and proposed public building sites; to provide

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for a board of zoning appeals; to provide for duties and powers of said board of zoning appeals; to adopt procedures for processing and handling such zoning appeals; to provide for the enforcement of ordinances and regulations enacted under this Act; to provide for the regulation relative to the recording of subdivision plats; to provide for enforcement of such regulations in reference to recording of plats; to provide that all powers and authorities granted by this Act to the City of Gainesville and to the County of Hall or to such board of zoning appeals shall be cumulative and that all such powers and authorities shall be in addition to all other powers and authorities such planning commission and board of appeals now have or may later have under any other law; and for other purposes. This 14 day of December, 1954. /s/ Wm. B. Gunter. /s/ W. M. Williams. /s/ Howard T. Overby. Affidavit. William B. Gunter and W. M. Williams 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 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 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

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legislation and is made for the purpose of being attached to said bill. /s/ Wm. B. Gunter. /s/ W. M. Williams. Sworn to and subscribed before me this 17 day of January, 1955. /s/ Paul McKelvey Notary Public, Polk County, Ga. Approved February 8, 1955. HALL COUNTY COMMISSIONERSRECALL. No. 47 (House Bill No. 130). An Act to amend Act No. 718 (Ga. Laws 1953, November-December session, pp. 2719-2724) relating to procedure for recalling County Commissioners of Hall County, Georgia by providing for a change in the number of qualified voters of Hall County who must sign a recall petition. Be it enacted by the General Assembly of Georgia as follows: Section 1. Subsection C. of the Recall Procedure Section of Act No. 718 (Ga. Laws 1953, November-December session, pp. 2719-2724) is herewith repealed in its entirety and substituted in lieu thereof is a new Subsection C. which shall read as follows: C. Said recall petition must be signed by at least 3250 of the qualified voters of Hall County who were eligible to vote in the preceding general election, or by a minimum of 20% of the qualified voters of Hall County who were eligible to vote in the preceding general election, whichever of the two is lesser in number. Petitions.

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Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that application has been made to the Representatives from Hall County for the introduction of a bill in the General Assembly of Georgia which convenes in January, 1955, for the amendment of Act No. 718 (Ga. Laws 1953November, December session, p. 2719) approved on Dcember 21, 1953, relating to recall procedure. Said bill will provide for a change in the minimum number of qualified voters who must sign the petition referred to in Section C of said Act. This notice is given in compliance with Sections 2-1915 and 47-801, Ga. Code Ann. /s/ W. M. Williams. /s/ Wm. G. Gunter. Affidavit. William B. Gunter and W. M. Williams 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 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 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

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legislation and is made for the purpose of being attached to said bill. /s/ W. M. Williams. /s/ Wm. B. Gunter. Sworn to and subscribed before me this 18 day of January, 1955. /s/ Paul McKelvey Notary Public, Polk County, Ga. Approved February 8, 1955. CITY COURT OF COLUMBUSPRACTICE AND PROCEDURE. No. 48 (House Bill No. 245). An Act to amend an Act creating the City Court of Columbus, (Ga. Laws 1884-5, p. 484 et seq.) as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the rules of procedure, pleading and practice in civil actions prevailing in the superior courts of the State of Georgia, or which may hereafter be made applicable to the superior courts of the State of Georgia, be repealed; to provide that such rules of procedure, pleading and practice in civil actions now prevailing in or which may hereafter be made applicable to the superior courts of the State of Georgia shall apply as to all matters pertaining to service, pleading and practice to all proceedings instituted in the City Court of Columbus on and after passage and approval of this Act; 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

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same, that the Act establishing the City Court of Columbus (Ga. Laws 1884-5, p. 484 et seq.), as amended, be and the same hereby is amended as follows: Section 1. All provisions of the Act creating the City Court of Columbus (Ga. Laws 1884-5, p. 484 et seq.), as amended, pertaining to matters of service, pleading and practice in the City Court of Columbus, insofar as the same are inconsistent with the provisions of the rules of procedure, pleading and practice in civil actions now prevailing in the superior courts of the State of Georgia, or which may hereafter be made applicable to the superior courts of the State of Georgia, are hereby repealed. Section 2. The rules of procedure, pleading and practice in civil actions prevailing in, the superior courts of the State of Georgia, or which may hereafter be made applicable to the superior courts of the State of Georgia, shall apply, as to all matters pertaining to service, pleading and practice, to all cases in the City Court of Columbus except those proceedings specifically excepted in Section 81-1506 of the 1933 Code of Georgia, as amended. Superior court rules. Section 3. This Act shall be applicable to all proceedings instituted in the City Court of Columbus on and after passage and approval of this Act. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. Attached hereto and made a part hereof is a copy of the published notice of intention to apply for local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publication of notice of intention to apply for passage of this local legislation have been fully complied with. Notice of Local Bill. Notice is hereby given of the intention of the undersigned

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to introduce and apply for passage a local bill at the 1955 session of the General Assembly of Georgia, which bill shall be entitled: An Act to amend an Act creating the City Court of Columbus, (Ga. Laws 1884-5, p. 484 et seq.), as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the rules of procedure, pleading and practice in civil actions now prevailing in the superior courts of the State of Georgia, or which may hereafter be made applicable to the superior courts, 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 Columbus on and after passage and approval of this Act; to repeal all laws or parts of laws in conflict herewith, and for other purposes. J. Gordon Young. Howell Hollis. 12-16, 23, 30. Affidavit of Publisher. Georgia, Muscogee County: Before the undersigned officer personally appeared M. R. Ashworth, who, being duly sworn on oath, deposes and says that the within and foregoing notice entitled Notice of Local Bill is a true and correct copy of a notice which was duly published in the Columbus Ledger, a newspaper in Muscogee County, Georgia, in which sheriff's advertisements for Muscogee County, Georgia, are published on December 16 and December 23 and December 30, 1954; that deponent is the publisher of said Columbus Ledger; that said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ M. R. Ashworth.

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Sworn to and subscribed before me, this Jan. 13, 1955. /s/ H. L. Hollis Notary Public. Seal Affixed. Approved February 8, 1955. MIDWAY CHARTER. No. 49 (House Bill No. 30). An Act to repeal an Act incorporating the Town of Midway, approved August 3, 1925 (Ga. Laws 1925, p. 1189); to create a charter for the City of Midway in the County of Liberty; to provide for powers and authority of said city; to provide for corporate limits; to provide for a mayor and council; to provide for elections; to provide for voters; to provide for terms of office; to provide for qualifications; to provide for permanent registration; to provide for vacancies; to provide for duties; to provide for employees; to provide for compensation; to provide for police and firemen; to provide a police court and procedure connected therewith; to provide for taxation; to provide for licenses; to provide for revenue-producing projects and systems; to grant the power of eminent domain; to authorize the making of ordinances; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Town of Midway, in Liberty County, Georgia, to designate its territory, prescribe its government, regulate the powers, duties and terms of its officers, the manner of their selection, and for other purposes., approved August

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3, 1925 (Ga. Laws 1925, p. 1189), is hereby repealed in its entirety. Section 2. The City of Midway in the County of Liberty is hereby incorporated under the name and style of the City of Midway. Said City of Midway, 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 belong 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 Midway 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 Midway 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, telephone companies, 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 the city. Incorporation. Section 3. The corporate limits of the City of Midway shall extend one air line mile in every direction from an artesian well located at the intersection of U. S. Highway No. 17 and the highway from Midway to Dorchester Station, known as State Route No. 38. Limits.

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Section 4. The government, supervision, powers, and control of the City of Midway shall be vested in a mayor and three councilmen. From the effective date of this Act through December 31, 1956, the Mayor of Midway shall be Honorable Colon Manning, and the three Councilmen of the City of Midway shall be Honorable E. M. Rosier, Honorable J. B. Bargeron, and Honorable Joe Smith. On the first Wednesday in December, 1956, and biennially thereafter on the same day and in the same month, an election shall be held in said city for a mayor and councilmen thereof, said election to be under such supervision, rules and regulations as the council may prescribe. Mayor and council. Section 5. Any person who is a resident of the territory described as the corporate limits of the city and who has been a resident thereof for the six months immediately preceding the date of the election, and who is twenty-one years of age and a qualified voter of said city, shall be eligible to be elected as mayor or councilman. Should the mayor or any councilman remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Qualifications. Section 6. The persons elected at the aforesaid election in 1956 shall take office January 1, 1957, and shall have a term of office of two years and until their successors are elected and qualified. All future persons elected shall take office on January first after their election in December and shall have a like term of office. Terms. Section 7. Any person who has been a bona fide resident of said city for the six months immediately preceding an election and who is qualified to vote for members of the General Assembly, and is properly registered, shall be allowed to vote at any election held in said city. Qualified voters. Section 8. The mayor and council shall provide suitable books or cards, or both, for the permanent registering of voters of said city. Every person registered shall take the following oath: I do hereby solemnly swear

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that I am eighteen years of age, that I will have been a resident of the City of Midway for six months on or before the date of the next city election and am qualified to vote for members of the General Assembly. The clerk or other person designated by the mayor and council shall be the registrar of the city. He is hereby given the authority to administer the above oath. No person registering shall be required to again register as a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified. Whenever an election is to be held for said city, the registrar shall close the registration records five days before such election. It shall be the duty of the registrar to make a list of qualified voters for each election. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Registration. Section 9. In the case of a vacancy in the office of mayor or any councilman by reason of death, removal, disability or from any cause other than the expiration of the term of office, such vacancy shall be filled by appointment by the mayor and remaining members of the council, or the remaining members of the council, as the case may be. The person so appointed shall serve for the remainder of the unexpired term. Mayor and council; vacancies. Section 10. 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 Midway; 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. Oath. Section 11. The mayor shall be the chief executive officer of said city and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said city are enforeced He shall preside at all meetings of the council. Mayor.

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Section 12. The mayor and council shall constitute the legislative department of said city, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations and orders as they deem proper, respecting any and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order, and dignity of said government. Powers of council. Section 13. The members of the council shall elect one of their number as mayor pro tem., who shall serve in the absence of the mayor and shall be vested with all the power and authority of the mayor. Mayor pro tem. Section 14. The mayor and council of said city may elect a city clerk and treasurer, who shall hold office for such period of time and receive such compensation as may be provided by said mayor and council. Said mayor and council likewise may elect such other city employees as in their opinion should be employed. All such employees shall be elected for such term and upon such conditions as may be prescribed by said mayor and council, and shall receive such compensation as may be provided at the time of election. Clerk and treasurer. Section 15. The Mayor and Council of the City of Midway shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the city council in special sessions whenever he deems it proper, and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. Council meetings. Section 16. The salary of the mayor and members of council shall be fixed by ordinance, but such salaries shall not exceed the sum of fifty dollars ($50.00) per annum for the mayor, or twelve dollars ($12.00) per annum for members of the council. Salaries.

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Section 17. The mayor and council shall have authority to elect a chief of police and such other policemen as they deem desirable and necessary, and to fix the compensation therefor. Police. Section 18. The mayor and council shall likewise have the right to establish a fire department, with such officers and employees and at such salary as the mayor and council may determine. Fire department. Section 19. There shall be a police court in said city, which shall have jurisdiction to try offenses against the laws and ordinances of the principal government, and shall be presided over by the mayor of said city, or the mayor pro tem., in the absence or disqualification of the mayor. Police court. Section 20. The mayor, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed one hundred dollars ($100.00), or to imprison offenders for a period of not more than thirty (30) days. He shall have the power to punish for contempt by a fine not to exceed fifty dollars ($50.00), or imprisonment not to exceed thirty (30) days. He shall have the power of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Liberty County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Jurisdiction. Section 21. The chief of police or some other member of the police force, to be designated by him, shall attend the session of said court, and act as clerk thereof. He shall sign and execute all processes, summons, subpoenas, and other processes from said court. Clerk of police court. Section 22. There shall be an appeal from the judgments or decisions of the police court of said city by

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writ of certiorari to the Superior Court of Liberty County, Georgia, and such writ of certiorari shall be obtained in the manner now provided by the general laws of the State of Georgia. Certiorari. Section 23. The mayor shall have full authority and power to pardon or suspend or commute the sentence of any person convicted of a violation of any person convicted of a violation of any ordinances of said city. Sentences. Section 24. The mayor and council of said city shall have the power therein to lay off, close, open and keep in good order and repair roas, streets and sidewalks, for the use of the public, and to provide how said paving, maintenance or care shall be paid, whether by said town or by the adjacent landowners, or by both; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said city; to preserve the peace and good order therein, and to punish all offenders for any and all kinds of disorderly conduct and breach of the peace in said city; to provide for the annual assessment of taxable property therein, which in no event shall be greater than three dollars ($3.00) on the thousand dollars worth of taxable property; to adopt rules for the regulations and government of its own body. The mayor and council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers, and all others conferred upon said town. Powers of mayor and council. Section 25. The mayor and council are hereby authorized to provide by ordinance for the licensing of businesses, professions and trades, and to fix the fee for such licenses. Licenses. Section 26. Said city, by and through its mayor and

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council, shall have full power and authority to acquire, construct, reconstruct, improve, and extend revenue-producing projects and systems, including condemnation of lands or premises necessary for same except property of an existing public utility, 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 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 27. The City of Midway shall have the power of eminent domain to condemn property for the use of said city, either within or without the corporate limits thereof, except property of an existing public utility. Eminent domain. Section 28. Said mayor and council shall likewise have the power to prescribe by ordinance, rules and regulations for the erection or improvement of any building of any kind within the limits of said city, with authority to require building permit before same can be erected, and likewise full and complete authority to control and regulate the installation of all plumbing, for the protection of the property, the health and comfort of the inhabitants of said city. Buildings. Section 29. This Act shall become effective on the first day of the month following the month in which it is approved or otherwise becomes law. Section 30. 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 January 1955, session of the General Assembly of

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Georgia, a bill to create a new charter for the City of Midway; and for other purposes. This 1st day of December, 1954. Roscoe Denmark, Representative, Liberty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roscoe Denmark, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald, which is the official organ of Liberty County, on the following dates: December 23 and December 30, 1954 and January 3, 1955. /s/ Roscoe Denmark Representative, Liberty County. Sworn to and subscribed before me this 12 day of January, 1955. /s/ Floy C. Stephenson Notary Public Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved February 8, 1955.

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SAVANNAH CITY MANAGER. No. 50 (House Bill No. 97). An Act to amend an Act 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 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., approved December 3, 1953 (Ga. Laws 1953, Nov.-Dec. session, p. 2019), so as to provide a method for removal of the city manager; to provide exceptions thereto as regards contracts; to provide that the tax assessor and the manager of the auditorium and stadium shall be under the jurisdiction of the city manager; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 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;

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and for other purposes., approved December 3, 1953 (Ga. Laws 1953, Nov.-Dec. session, p. 2019), is hereby amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4, to read as follows: Sec. 4, Act of 1953 amended. Section 4. The mayor and aldermen shall, within 30 days after this Act becomes effective, appoint a city manager to serve subject to the pleasure of the mayor and aldermen, except that any removal shall be effected under the procedure prescribed hereinafter. The mayor and aldermen 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. In the event such a contract is entered into under the terms of which the city manager does not serve at the pleasure of the mayor and aldermen, the city manager shall not be subject to the removal procedure prescribed hereinafter. Such contract, however, may include provisions relative to a procedure for removal of the city manager or relative to the termination of the contract. City manager. Section 2. Said Act is further amended by adding a new section, to be known as Section 4-A, to read as follows:

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Section 4-A. The mayor and aldermen may remove the city manager by a majority vote. At least thirty days before such removal shall become effective, the mayor and aldermen shall by a majority vote adopt a preliminary resolution stating the reaons for his removal. The manager may, within ten days, reply in writing and may request a public hearing, which shall be held not earlier than twenty nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the mayor and aldermen by majority vote may adopt a final resolution of removal. By the preliminary resolution the mayor and aldermen may suspend the manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next two calendar months following adoption of the preliminary resolution. Removal of city manager. Section 3. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7, to read as follows: Sec. 7 amended. 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. 6. Paymaster. 7. Treasurer. 8. Director of public works. 9. Superintendent of waterworks. 10. Supervisor of purchases.

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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. 36. Tax assessor. 37. Manager of auditorium and stadium. The city manager shall have exclusive power to determine

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and prescribe their qualifications and their duties, which need not 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 manager may appoint an acting temporary substitute. Officers of city. Section 4. There is attached hereto and made a part hereof an affidavit and Notice of Intention to Apply for Local Legislation. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply for local legislation at the next regular session of the General Assembly of Georgia which meets on the second Monday in January, 1955, to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, Georgia, and other Acts amendatory thereto incorporating the mayor and aldermen; providing for the creation of a special budget law; bringing the manager of the municipal auditorium and municipal stadium and the tax assessor under jurisdiction of the city manager; granting to the city manager the right to a public hearing; and for other purposes. Owen H. Page, Jr. Senator-Elect First Senatorial District Frank S. Cheatham, Jr., Representative-Elect John W. Sognier, Representative-Elect Edgar P. Eyler, Representative-Elect

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State of Georgia: Personally appeared before me, the undersigned authority duly authorized to administer oaths, John W. Sognier, Frank S. Cheatham and Edgar P. Eyler, who, on oath, depose and say that they are Representatives from Chatham County, Georgia, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press, which is the official organ of Chatham County, Georgia, on the following dates: January 22, 1954; December 28, 1954; and January 4, 1955. /s/ John W. Sognier John W. Sognier, Representative Chatham County, Georgia /s/ Frank S. Cheatham, Jr. Frank S. Cheatham, Representative Chatham County, Georgia /s/ Edgar P. Eyler, Edgar P. Eyler, Representative, Chatham County, Georgia. Sworn to and subscribed before me, this 18 day of January, 1955. /s/ Frances Y. Read Notary Public, Fulton County, Georgia. Approved February 8, 1955. AUSTELLEMINENT DOMAIN. No. 51 (House Bill No. 133). 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, so as to grant the power of eminent domain to the City of Austell; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: 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 striking Section 42 in its entirety and inserting in lieu thereof a new Section 42, to read as follows: Section 42. The City of Austell is hereby granted the power of eminent domain, to condemn public or private property for the use of said city, both within and without the corporate limits thereof. The mayor and council shall have full power and authority to grant franchises, permits, easements and rights-of-way over and among any of the property belonging to said city, and shall by ordinance prescribe rules and regulations for the operation of any business or businesses that may be operated upon such property of said city where franchises, permits, easements, or rights-of-way have been granted. Said city shall have the right and power to lay out fire limits in said city and by ordinance prescribe the kind and manner of buildings constructed on any property, public or private, within said fire limits, and shall have the right to authorize by permit the construction of such buildings as are by ordinance authorized and shall by ordinance prevent the construction of such buildings in said fire limits as they deem dangerous or that may be a detriment to the health of the citizens of said city. Eminent domain. Section 2. 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 and The Marietta Daily Journal, who deposes and says that the following and attached notice of intention to apply for passage of a local bill, amending the charter of the City of Austell, so as to grant said city the power of eminent domain, both within and without the corporate limits thereof; and for other purposes, was published in

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the Cobb County Times in its editions of December 23 and 30, 1954 and January 6, 1955, and in The Marietta Daily Journal in its edition fo January 6, 1955: T-1577 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1955, session of the General Assembly of Georgia, a bill to amend the charter of the City of Austell, so as to grant said city the power of eminent domain, both within and without the corporate limits thereof; and for other purposes. This 22nd day of December, 1954. Fred D. Bentley, Raymond M. Reed, Harold S. Willingham, Representatives, Cobb County. 12: 23-30; 1:6 T 1:6 J Deponent further says that the Cobb County Times and the Marietta Daily Journal are newspapers of general circulation in Cobb County, Georgia, the Cobb County Times being published weekly and The Marietta Daily Journal being published daily except Saturday; and that the Cobb County Times was the newspaper in which the sheriff's notices for the county were published for the calendar year 1954, and that The Marietta Daily Journal is the newspaper in which the sheriff's notices for the county are being published for the calendar year 1955. This 15th day of January, 1955. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times and The Marietta Daily Journal.

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Sworn to and subscribed before me this 15th day of January, 1955. /s/ Thelma D. Myers. Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal). Approved February 8, 1955. SMYRNA CHARTER AMENDED. No. 52 (House Bill No. 132). 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, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1325), so as to remove the provision that a person, in order to be eligible for the office of mayor or councilman of said city must be a freeholder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1325), is hereby amended by striking from Section 15, as amended, the words is a freeholder owning real estate in said city, and, so that when so amended Section 15 shall read as follows: Be it further enacted that no person shall be eligible for the office of mayor or councilman of said city unless he or she shall have resided in said city one year immediately preceding his or her qualification for office, and shall be a qualified and registered voter, eligible to vote

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in the municipal elections of said city for said officers and shall be over twenty-one years of age and shall not have been convicted of any crime involving moral turpitude. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilmen, unless such candidate shall file with the clerk of the said city, fifteen days prior to the election in which he or she desires to be a candidate, his or her written notice that he or she desires that his or her name be placed on said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and shall contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time above provided, and unless on or before said time he shall pay a qualification fee to said clerk in the amount of $25.00 if a candidate for mayor, and in the amount of $10.00 if a candidate for councilman, said amounts not to be refundable in the event a candidate withdraws between the date of his qualification and that of the election. Qualifications of mayor and councilmen. Section 2. 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 intention to apply for passage of a local bill, amending the charter of the City of Smyrna, so as to remove the provision which requires that a person be freeholder in order to be eligible for the office of mayor or councilman of such city; and for other purposes, was published in the Cobb County Times in its editions of December 16, 23 and 30, 1954: T-1566 Notice of Intention to Introduce Local Legislation.

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Notice is hereby given that there will be introduced at the January-February 1955 session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna, so as to remove the provision which requires that a person be freeholder in order to be eligible for the office of mayor or councilman of such city; and for other purposes. This 15th day of December, 1954. Fred D. Bentley, Raymond M. Reed, Harold S. Willingham, Representatives, Cobb County. 12; 16-23-30 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 for the county were published for the calendar year 1954. This 15th day of January, 1955. /s/ Brooks P. Smith, Brooks P. Smith Publisher, Cobb County Times. Sworn to and subscribed before me this 15th day of January, 1955. /s/ Thelma D. Myers. Notary Public, Cobb County, Georgia My commission expires September 14, 1956. (Seal). Approved February 8, 1955.

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CITY COURT OF GRIFFINCONTINGENT EXPENSE ALLOWANCES. No. 53 (House Bill No. 300). An Act to amend an Act establishing the City Court of Griffin, approved December 14, 1897 (Ga. Laws 1897, p. 462), and all Acts amendatory thereof, so as to provide a contingent expense allowance to the judge and solicitor of such court; to provide for the payment of same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act establishing the City Court of Griffin, approved December 14, 1897 (Ga. Laws 1897, p. 462), is hereby amended by adding a new section thereto, as follows: That from and after the passage of this Act, the Board of Commissioners of Roads and Revenues of Spalding County, Georgia, is hereby authorized and directed to pay annually from the county treasury of said county the sum of eleven hundred ($1,100.00) dollars each to the Judge and Solicitor of the City Court of Griffin, as a contingent expense allowance, said sum being in addition to the salaries of said judge and solicitor as now provided and allowed, and said sum to be paid in equal monthly payments. Contingent expense allowance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the recommendations of the County Commissioners of Roads and Revenues of Spalding County Georgia, notice is hereby given that at the next session of the General Assembly of Georgia to convene in January 1955 there will be introduced a bill to provide an

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expense allowance for the Judge and Solicitor of the City Court of Griffin; and for other purposes. This 5th day of January, 1955. Arthur K. Bolton, Frank P. Lindsey, Jr. Representatives, Spalding County. Affidavit. Georgia, Spalding County. Personally appeared before me, the undersigned attesting officer, Arthur K. Bolton and F. P. Lindsey, Jr., affiants, who after being duly sworn depose and say on oath that they are the authors of the bill to which this affidavit is attached, and that the above and foregoing notice of intention to introduce local legislation was published in the Griffin Daily News, which said newspaper is the official organ of Spalding County, Georgia, on Jan. 18, 1955, Jan. 7, 1955, and Jan. 10, 1955. /s/ Arthur K. Bolton Arthur K. Bolton, Affiant /s/ F. P. Lindsey, Jr. F. P. Lindsey, Jr., Affiant. Sworn and subscribed to before me, this the 26th day of January, 1955. /s/ Wm. B. Gunter, Notary Public, Hall County, Georgia. Approved February 8, 1955.

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CHATHAM COUNTY TAX COMMISSIONER. No. 54 (House Bill No. 102). An Act to abolish the offices of Tax Receiver and Tax Collector of Chatham County, Georgia; to create the office of Chatham County Tax Commissioner; to fix his qualifications, his compensation, his duties and his term of office; to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act become effective shall be of full force and effect as to Chatham County Tax Commissioner, so far as the same are applicable, and where not herein abolished; to provide that the tax fi. fas. issued by the tax collector and unpaid when this Act takes effect shall continue of full force and be collected by the tax commissioner as could have been by the tax collector; to provide that all fees, commissions, and other costs and compensations formerly paid to either the tax receiver or the tax collector, or collected by either of them before this Act becomes effective, shall be collected by the Chatham County Tax Commissioner and by him paid to the Commissioners of Chatham County, or the bank designated as a depository for the Chatham County funds; to provide, however, that no fee, commission or other charge shall be made for the collection of any taxes levied for school purposes; to provide for the election of Chatham County Tax Commissioner; to provide for the filling of vacancies in the office of tax commissioner; to provide for the giving of bonds by such officer; to provide for reports to the State and county and the making of settlements, the taking of the oath of Chatham County Tax Commissioner; and the putting into effect of the provisions of the Constitution of the State, as contained in article 11, Section 1, paragraph 6, 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 offices of Tax Receiver and Tax Collector of Chatham County, Georgia, are hereby abolished and the duties of the two offices aforesaid are

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hereby consolidated into one office. Section 2. Be it further enacted by authority aforesaid, that the office of Chatham County Tax Commissioner is hereby created in lieu of aid abolished offices of tax receiver and tax collector, and the rights, duties and liabilities of said office of Chatham County Tax Commissioner shall be the same as the rights, duties and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable. Tax commissioner. Section 3. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the Tax Collector of Chatham County, Georgia, shall have full force and effect and be collected by the Chatham County Tax Commissioner. Section 4. Be it further enacted by the authority aforesaid, that all fees, commissions and other compensation presently allowed to the Tax Receiver and Tax Collector of Chatham County and which are not prohibited by Section 9 of this Act shall be collected by said tax commissioner and paid into the treasury of Chatham County, Georgia. All fees, commissions and all other compensation which may hereafter be allowed the offices of tax receiver and tax collector shall be collected by said tax commissioner and paid into the treasury of Chatham County, Georgia, notwithstanding the provision of this Act combining said offices. Fees, commissions, etc. Section 5. Be it further enacted by authority aforesaid, that Chatham County Tax Commissioner shall hold office for a term of four (4) years, beginning January 1, 1957, and said tax commissioner shall be elected at the regular general election to be held for the State in 1956, and every four years thereafter. The Tax Receiver and Tax Collector of Chatham County, Georgia, shall perform the duties of their respective offices through December 31, 1956. Term.

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Section 6. Be it further enacted by authority aforesaid, that said Chatham County Tax Commissioner shall be elected at the general election held in the State of Georgia in the year 1956, and at the same general election each four years thereafter in the same manner, time and place as clerks of the superior court are elected. Elections. Section 7. Be it further enacted by authority aforesaid, that said Chatham County Tax Commissioner shall be commissioned and qualified as clerks of the superior court are. Commission. Section 8. Be it further enacted by authority aforesaid, that said Chatham County Tax Commissioner shall receive and be paid as full compensation for all duties performed by him as receiver and collector of State, county, school district and any and all other taxes, including professional, and special taxes as well as cost for issuing tax fi. fas. a fixed salary of eight thousand five hundred ($8,500.00) dollars per annum, to be paid in equal monthly installments, said salary to be paid by the Commissioners of Chatham County, from the funds in the county treasury. Salary. Section 9. Be it further enacted by authority aforesaid, that said Chatham County Tax Commissioner shall receive no fees or compensation for the collection of any taxes levied for school purposes in said Chatham County, and the collection of said taxes shall be considered one of his duties, and the Commissioners of Chatham County shall make no charge against the Board of Public Education for the City of Savannah and the County of Chatham for the collection of school taxes in said county. School taxes. Section 10. Be it further enacted by authority aforesaid, that the Commissioners of Chatham County shall pay whatever clerical help that may be necessary for the proper performance of the duties of the office of tax commissioner as a part of the expenses of county government. Clerical help. Section 11. Be it further enacted by authority aforesaid,

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that before entering upon the duties of his office the said Chatham County Tax Commissioner shall take the oath now prescribed by law for tax receiver and tax collector, and shall give a bond in such sum as may be fixed by the Commissioners of Chatham County, Georgia, which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia and shall be approved by the Commissioners of Chatham County, for said county; and the bond premium shall be paid by the Commissioners of Chatham County out of the funds of Chatham County, Georgia, as a part of the expense of county government. Oath and bond. Section 12. Be it further enacted by authority aforesaid, that said Chatham County Tax Commissioner shall have his office in the courthouse of Chatham County and shall keep his office open every day of the year except Sundays or legal holidays for the purpose of receiving and collecting all taxes. Office. Section 13. Be it further enacted by authority aforesaid, that if at any time a vacancy should occur in the in the office of said Chatham County Tax Commissioner, then the same shall be filled at a special election to be called and conducted by the chairman of the County Commissioners of Chatham County, Georgia, within a period of sixty (60) days after the said vacancy shall have occurred, provided that the general election laws of the State of Georgia shall control the procedure in said election. Vacancy. Section 14. Be it further enacted by authority aforesaid, that if at any time there should occur a vacancy in the office of Chatham County Tax Commissioner, it shall be the duty of the Commissioners of Chatham County and they are hereby empowered to immediately designate some competent person to take charge of said office and perform the duties thereof until an election is held and a tax commissioner is qualified and assumes the duties of said office and such person so appointed shall receive as compensation for his services a pro rata share of the yearly salary of Chatham County Tax Commissioner

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and he shall give the bond and take the oath required of said tax commissioner herein. Section 15. Be it further enacted by authority aforesaid, that said Chatham County Tax Commissioner be, and he is hereby required to furnish the Commissioners of Chatham County with an itemized statement under oath, each month of all fees, commissions, costs or other money received and collected by him for said county and to furnish such reports to the State authorities as are now required or may hereafter be required of tax receivers and tax collectors of this State. And said Chatham County Tax Commissioner is required to make settlement on the 10th day of each month with the Commissioners of Chatham County of all moneys collected by him during the previous month, and shall make settlement with the State authorities as provided by law. Fees, commissions, costs. Section 16. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the court of last resort of this State to be unconstitutional, the whole of this Act shall not thereby become void but only so much of the same as may be held to be unconstitutional; the purpose of this Act being to put into effect the Constitution of this State as contained in Article 11, Section 1, Paragraph 6. Section 17. Be it further enacted by the authority aforesaid that all Acts or portions of Acts in conflict herewith are hereby repealed. Section 18. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation as affixed hereto. Notice is hereby given of an intention to apply to the General Assembly of the State of Georgia at its regular 1955 session for the passage of a local or special bill to be entitled An Act to abolish the office of Tax Receiver and Tax Collector of Chatham County, Georgia; to fix the term and compensation of said office; to provide that the laws of force as to tax receiver and tax collector

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when the provisions of this Act become effective shall be of full force and effect as to the county tax commissioner so far as the same are applicable; to provide that all taxes due at the time of the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and shall be collectable as issued; to provide that all fees and commissions and other compensations paid to or collected by the tax receiver and tax collector shall be collected by the county tax commissioner as herein provided for and paid into the treasury of Chatham County, Georgia; to provide however that no fee, commission or other charge shall be made for the collection of any taxes levied for school purposes; to provide for the election of tax commissioner of said county and to provide the salary to be paid said tax commissioner and the method of filling vacancies, and to provide for bond and the payment of premium thereon by the county; and for other purposes. /s/ Owen H. Page, Senator-Elect, First District /s/ Frank S. Cheatham, /s/ Edgar P. Eyler, /s/ John W. Sognier, Representatives-Elect, Chatham County, Georgia. State of Georgia: Personally appeared before me, the undersigned authority duly authorized to administer oaths, John W. Sognier, Frank S. Cheatham and Edgar P. Eyler, who, on oath, depose and say that they are Representatives from Chatham County, Georgia, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press, which is the official organ of Chatham County, Georgia, on the following dates: December 28, 1954; January 4, 1955; and January 10, 1955. /s/ John W. Sognier, John W. Sognier, Representative Chatham County, Georgia

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/s/ Frank S. Cheatham, Jr. Frank S. Cheatham, Representative Chatham County, Georgia /s/ Edgar P. Eyler Edgar P. Eyler, Representative Chatham County, Georgia Sworn to and subscribed before me, this 18 day of January, 1955. /s/ Frances Y. Read Notary Public, Fulton County, Georgia. Approved February 8, 1955. CALHOUN CHARTER AMENDED. No. 55 (House Bill No. 192). An Act to amend an Act creating a new charter for the City of Calhoun, Gordon County, approved August 20, 1918 (Ga. Laws 1918, p. 563), as amended, so as to repeal those provisions dividing said city into wards; to provide a change in the hours of holding elections for said city; to provide for an increase in salary for the mayor and aldermen and the fixing of compensation of other city officers and employees; to provide for retirement of city employees who have been employed for thirty years or more; to repeal an Act approved February 21, 1951, creating a civil service system for said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Calhoun, Gordon County, approved August 20, 1918 (Ga. Laws 1918, p. 563), as amended, is hereby amended by striking from Section 4 of said Act the words from any ward and from one of the wards of said city, as

Page 2217

the case may be, and in the event he is offering for such alderman he shall specify the ward in which he maintains his residence, so that Section 4 when so amended shall read: Section 4. Every person desiring to become a candidate for the office of mayor or for the office of alderman of said City of Calhoun shall file or cause to be filed with the clerk of the City of Calhoun, not later than twenty days before the general election, which election shall be held on the second Wednesday in December of each year, as hereinbefore provided, a statement of his or her candidacy and a certificate sworn to by him that he is qualified to fill the office to which he seeks election, and that he is offering for mayor or as alderman. Candidates for mayor or councilman. Section 2. Said Act, as amended, is further amended by striking from Section 6 the words eight and five and inserting in lieu thereof the words seven and six, so that Section 6 when so amended shall read as follows: Section 6. Such election shall be conducted under the management of a justice of the peace and two freeholders, who are residents of said city and not candidates in said election, or in the absence of a justice of the peace any three freeholders, residents of said city and not candidates in said election may manage same. Elections. Said managers shall conduct elections as near practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be open at seven o'clock A. M. and close at six o'clock P. M. At subsequent elections the mayor and council shall appoint the election managers in accordance with the provisions of this charter. The mayor and council may designate two or more voting places, if occasion should require, and may also appoint three freeholders as managers of the same. Section 3. Said Act, as amended, is further amended by striking Section 31 in its entirety and inserting in lieu thereof the following:

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Section 31. After January, 1955, the salary of the mayor shall be $1,200.00 per annum, payable monthly, and the salaries of the aldermen shall be $600.00 per annum, each, payable monthly. All other salaries for any additional officers or employees shall be set by the city council at its first meeting in January of each year. Salaries. Section 4. Any officer or employee of the City of Calhoun who has been employed by said city for thirty (30) years or longer may retire from their present position of employment upon thirty days' notice of such action to the clerk of said city and will be entitled to a retirement pension, payable monthly from the general funds of said city, in the amount of sixty (60) percent of the highest monthly pay they received during their employment by said city. The mayor and council shall, by ordinance, make such rules and regulations as it deems necessary to effectuate the provisions of this section. Retirement pensions. Section 5. Said Act is further amended by striking the amendatory Act, approved February 21, 1951 (Ga. Laws 1951, p. 3192), which is hereby repealed in its entirety. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intended Legislation. In compliance with Code Section 47-801 of the annotated Code of Georgia, notice is hereby given that I will introduce legislation at the next session of the Georgia legislature an Act to amend the charter of the City of Calhoun, so as to provide a change in the hours of holding the regular and general elections for the said city, and any special elections thereof; to provide an increase in the annual salaries of the mayor and aldermen of said city; to provide a pension for employees serving the city for thirty (30) years or more; to repeal that portion of the Act of 1933 (Ga. Laws 1933 p. 878) amending the charter so as to divide the city into four wards; to repeal the Act of 1951 in its entirety which provides a civil

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service system for said city, and for other purposes. This December 20, 1954. Henry A. Mauldin, Representative Gordon County, Georgia State of Georgia, County of Gordon. We hereby certify that notice of intended legislation in connection with this bill to which this affidavit is attached was published in the Calhoun Times, which is the official gazette of Gordon County in which the sheriff's sales appear, three consecutive times during the 60 days immediately preceding its introduction in the General Assembly of Georgia. It was published on the following dates; December 16, December 23, December 30, 1954. Copy of said publication of notice is attached to said bill herewith. This the 1 day of January, 1955. /s/ James H. Hobgood, Gen. Mgr., Calhoun Times Sworn to and subscribed before me this 1st day of January, 1955. /s/ Hays Lawrence, Notary Public. Approved February 8, 1955. CLAYTON COUNTYCORONER'S SALARY. No. 56 (House Bill No. 164). An Act to amend an Act placing the Coroner of Clayton County on a salary rather than a fee basis, approved February 6, 1952 (Ga. Laws 1952, p. 2215), so as to increase such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Coroner of Clayton County on a salary rather than a fee basis, approved February 6, 1952 (Ga. Laws 1952, p. 2215), is hereby amended by striking from Section 1 the words and figure five hundred dollars ($500.00) and inserting in lieu thereof the words and figure one thousand two hundred dollars ($1,200.00), so that when so amended Section 1 shall read as follows: Section 1. The Coroner of Clayton County shall be compensated in the sum of one thousand two hundred dollars ($1,200.00) per annum, payable in equal monthly installments from the general funds of Clayton County in lieu of all fees for his services. Salary. Section 2. This Act will become effective on the first day of the month following the month in which it is approved or otherwise becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955, session of the General Assembly of Georgia, a bill to change the compensation of the Coroner of Clayton County. This 21 day of Dec. 1954. E. Alvin Foster, Representative, Clayton County. Edgar Blalock, Representative, Clayton County. County of Clayton, State of Georgia. This is to certify that the above Notice to Apply for

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Local Legislation was published in the Clayton County News and Farmer, legal organ of Clayton County, on Dec. 23, 30, 1954, January 6, 1955. /s/ W. Llyd Matthews, Editor and Publisher Clayton Co. News Farmer. Sworn to and subscribed before me this January 17, 1955. /s/ Mary L. Matthews, Notary Public. Notary Public, Georgia, State-at-Large My commission expires January 21, 1957 (Seal). Approved February 8, 1955. DORAVILLE CHARTER AMENDED. No. 57 (House Bill No. 165). An Act to amend the City Charter of Doraville approved February 17, 1949, (Ga. L. 1949, pp. 738-759) to provide for the election of the chairman by the qualified registered voters of the City of Doraville by striking the last sentence in Section 4 of the city charter as it appears in 1949, Acts, p. 742; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved February 17, 1949, (Ga. L. 1949, pp. 737-759) be and the same is hereby amended by striking the last sentence in Section 4, Ga. Laws 1949, p. 742 which reads as follows: At the annual meeting of said city commissioners held on the first Monday in each year, said city commissioners shall elect

Page 2222

one of their number to serve as chairman of said commission for one year. And inserting in lieu thereof the following sentence: On the third Wednesday in December, 1955, there shall be elected by the voters of Doraville, a chairman of the city commission to serve for two years, or until his successor is elected and qualified, said chairman shall take office on the first Monday in January, 1956. On the third Wednesday in December, 1957, the successor to the chairman shall be elected, and on each two years thereafter a chairman shall be elected by the voters. Chairman of city commission. Section 2. That all laws in conflict with this Act 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 week for three weeks as required by law; said dates of publication being December 9, 16, 23rd, 1954. The DeKalb New Era /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 11 day of January, 1955. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal).

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Notice of Local Legislation. Notice is hereby given that the undersigned will apply to the next session of the General Assembly of Georgia for passage of local legislation entitled: An Act to amend the city charter of Doraville as it appears in Georgia Laws 1949, page 738 to provide for the election of the chairman of the City Commission of Doraville in the County of DeKalb by the qualified registered voters of the City of Doraville, and to repeal that section of the city charter which provides that the city commissioners shall elect on the first Monday of each year, one of their number to serve as chairman of said commission for one year, and for other purposes. This 6th day of December, 1954. City Commission of Doraville by E. A. Heibel, Chairman of the City Commission. 12-9-3t. Approved February 8, 1955. SCREVEN COUNTYORDINARY'S COMPENSATION. No. 58 (House Bill No. 22). An Act to supplement the fees of the Ordinary of Screven County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Ordinary of Screven County shall be paid from the funds of Screven County the sum of fifty ($50.00) dollars per month in addition to all fees and other compensation and allowances to which he is now entitled. Compensation.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved or otherwise becomes a law. 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 a bill will be introduced at the next session of the General Assembly of Georgia authorizing the Board of County Commissioners of Screven County Georgia to pay a salary to the Ordinary of Screven County in addition to fees now received by said ordinary. This 8th day of December, 1954. W. C. Hawkins, 3t Dec. 24-c. Georgia, Screven County. Personally appeared before the undersigned Norman F. Chalker who on oath says that he is editor and publisher of the Sylvania Telephone a newspaper published in Screven County, Georgia in which the sheriff's advertisements were published during 1954. That the foregoing advertisement was published in said newspaper on December 10, 17 and 24, 1954. /s/ Norman F. Chalker Sworn to and subscribed before me this 8th day of January, 1955. /s/ J. H. Reddick, Clerk Superior Court, Screven County. Approved February 8, 1955.

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ATLANTA CHARTER AMENDED. No. 59 (House Bill No. 14). An Act to amend an Act establihing 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 and board of aldermen may provide by ordinance for the purchase of uniforms in the police and fire departments. This shall be in lieu of all other provisions concerning uniforms. Uniforms. Section 3. That the provisions of the charter, contained in Section 25. 95, Charter and Related Laws, Code, City of Atlanta, 1953, as follows: The mayor and board of aldermen are authorized and empowered to provide by ordinance for the collection of fees for the issuance of permits for buildings, plumbing work and electrical wiring. Said fee is hereby fixed at a minimum sum of one dollar for each of said permits, but said sum shall be increased to an additional sum of one dollar for each thousand of the estimated value up to and including the sum of ten thousand dollars, or each fractional part

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thereof, for buildings, plumbing work and electrical wiring. Where said estimate for building, plumbing work and electrical wiring exceeds the sum of ten thousand dollars, an additional sum of fifty cents shall be added to the price fixed for the permits for each thousand in excess of ten thousand dollars and up to twenty-five thousand dollars or each fractional part thereof. Where said estimated sums exceed twenty-five thousand dollars and are less than fifty thousand dollars, an additional sum of twenty-five cents per thousand shall be added to the prices above fixed; provided, however, that no fee shall be charged for permits for buildings, plumbing work and electrical wiring not exceeding twenty-five dollars for a single permit., is hereby repealed, and the following is enacted in lieu thereof: The mayor and board of aldermen are authorized and empowered to provide by ordinance for the collection of reasonable fees for the issuance of permits for buildings, plumbing work, heating and electrical wiring. Building permits. Section 4. The provisions of the charter contained in Section 8.2, Charter and Related Laws of the Code, City of Atlanta, 1953, reading as follows: At the first meeting of the mayor and board of aldermen in the month of July, of even numbered years, they shall appoint three commissioners for each ward, freeholders residing therein, to hold the elections in said ward, who shall hold their offices for two years, unless removed for cause. Vacancies in said board of election commissioners, from removal or otherwise, shall be filled by the mayor and board of aldermen. The mayor and board of aldermen, in their discretion, are authorized to increase the board of election managers from and for the several wards to any additional number desired., be and the same is hereby repealed and the following is enacted in lieu thereof: There shall be one election manager for each voting precinct, who shall be a freeholder residing therein, to hold the elections in said city, who shall hold their offices for four years unless removed for cause. Such election

Page 2227

managers shall be appointed by the clerk of the board of aldermen, subject to the approval of the alderman representing the particular ward. Vacancies in such offices shall be filled by appointment of the clerk of the board of aldermen, subject to th approval of the ward delegation. The mayor and board of aldermen, in their discretion, are authorized to increase the number of election managers to any additional number desired. Election managers. Section 5. The mayor and board of aldermen shall have full power and authority to provide for the assessment and collection of a charge for the use of the sewer system of the city. The amount of all such assessments may be collected by execution, levy and sale as in the case of assessments for street improvements and the defendant n such an execution shall have the right to file an affidavit, denying that the whole or any part of the amount, for which the execution is issued, is due, stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit so received shall be returned to the Superior Court of Fulton County and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. All such assessments shall constitute a lien upon the real estate. Sewer assessments. Section 6. The purchasing agent shall have authority to make purchases of goods or materials where the purchase price does not exceed $1,000.00, and all purchases or contracts to purchase supplies in excess of $1,000.00 may be made by the purchasing agent after the same have been approved by the committee of the mayor and board of aldermen having jurisdiction over the purchasing agent. Provided, however, on bids between $500.00 and $1,000.00, if the low bid is not accepted, the purchasing agent may not make the purchase without the approval of the purchasing committee of the board of aldermen. Purchases. Section 7. That said charter, as amended, be further amended by specifically repealing the provisions of said

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charter contained in Sections 20.20, 20.21 and 20.22, Charter and Related Laws of the City of Atlanta, 1953, reading as follows: 20.20. A bureau within the police department to be known as the bureau of weights and measures is hereby created, same to be subject to the authority of the mayor and board of aldermen or in their discretion the police committee or other committee exercising powers not vested in the police committee and the chief of police as are other officers in said department. 20.21. Said bureau shall consist of a lieutenant of weights and measures who shall have had training in weights and measures work, and such other employees as may be authorized, appointed and assigned thereto. Such lieutenant of weights and measures shall be classified as a member of the legally constituted police force and employed under police civil service rules. He shall receive a salary equal to that paid police station or office lieutenants and shall have all of the rights, benefits and privileges of other lieutenants of the police department. 20.22. The bureau of weights and measures shall have the primary responsibility of enforcing the laws, ordinances, rules and regulations, both State and city, relative to weights and measures, and shall have general supervision of testing and inspecting all weights, measures, weighing and measuring devices in use, sold or hired, offered or exposed for sale or hire or award in the city, and the examining and reweighing or remeasuring of commodities sold, offered for sale or exposed for sale or in the process of delivery, including coal, coke and other commodities commonly sold in wagon or rtuck loads, to determine if the weight or measure is correct and if the merchandise is otherwise in accordance with the laws and ordinances applicable to the same; provided, however, that nothing in this section shall prevent any officer of the Atlanta police department from enforcing any and all laws and ordinances pertaining to weights and measures. Bureau of weights and measures. Section 8. The mayor may request, in writing, the president of the board of aldermen, or, in the event he is not available, the vice-president of the board of aldermen, to serve as mayor, and when so serving, either of

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them shall have and exercise all the powers, duties and responsibilities of mayor. Acting mayor. Section 9. That all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Hoke Smith, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1955 session of the General Assembly, which convenes on Monday, January 10, 1955, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican Representative M. M. (Muggsy) Smith Representative Hoke Smith Representative Hamilton Lokey. Dec 16 23 30 Jan 6 tfn. This 12 day of January, 1955. /s/ Hoke Smith.

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Sworn to and subscribed before me, this 12 day of January, 1955. /s/ J. C. Murphy Notary Public. Approved February 8, 1955. ADEL LIMITS EXTENDED. No. 60 (House Bill No. 44). An Act to amend an Act creating a new charter for the City of Adel, Cook County, Georgia, approved July 29, 1919 (Ga. Laws 1919, p. 792), as amended, particularly by an Act approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. sess., p. 2766), so as to enlarge the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Adel, Georgia, approved July 29, 1919 (Ga. Laws 1919, p. 792), as amended, particularly by an Act approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. sess., p. 2766), is hereby amended by the addition of a new section to be numbered 3-A to read: Section 3-A. In addition to the territory within the corporate limits of the City of Adel, Georgia, at the passage of this Act, the following territory shall be included in the City of Adel, Georgia. That area lying south of the present city limits, bounded on the east by Bear Creek; on the south by lands of P. M. Parrish and Dave Jackson; then crossing Highway 41 at the intersection of the old Quitman Highway and U. S. Highway 41; then following the right-of-way north on the west side approximately 600 feet to a point being 100 feet north of the Dave Jackson

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home; then west to the Southern Railway right-of-way; thence north to the present city limits. Description. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Legislative Notice. Georgia, Cook County. Notice is hereby given that a local bill will be introduced during the next session of the General Assembly of the State of Georgia, convening January 10th, 1955 to extend the city limits of the City of Adel to include that area lying south of the present city limits, bound on the east by Bear Creek, on the south by lands of P. M. Parrish and Dave Jackson, then crossing Highway 41 at the intersection of the old Quitman highway and U. S. 41 Highway, then following the Highway 41 right-of-way north on the west side approximately 600 feet to a point being 100 feet north of Dave Jackson home, then west to the Southern Railway right-of-way, then north to the present City Limits. This the 7th day of December, 1954. /s/ Lonnie H. Grimsley, Representative, Cook County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lonnie H. Grimsley, who, on oath, deposes and says that he is Representative from Cook County, and that the attached Notice of Intention to Introduce Local Legislation was published in The Adel News, which is the official organ of Cook County, on the following dates: December 9, December 16, and December 23, 1954. /s/ Lonnie H. Grimsley, Lonnie H. Grimsley Representative, Cook County.

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Sworn to and subscribed before me, this 13 day of January, 1955. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved February 8, 1955. FULTON COUNTYGROUP INSURANCE FOR EMPLOYEES. No. 61 (House Bill No. 94). An Act to amend an Act entitled An Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees and to contract therefor with any insurance company qualified to write any type of group insurance under the laws of Georgia... and for other purposes, approved February 4, 1952 (Ga. Laws 1952, pp. 2012-2014) and the several Acts amendatory thereof so as to exclude seasonal employees from the operation of the group insurance plan; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Act entitled An Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees and to contract therefore with any insurance company qualified to write any type of group insurance under the laws of Georgia... and for other purposes, approved February 4, 1952 (Ga. Laws 1952, pp. 2012-2014) and the several Acts amendatory thereof, be further amended as follows:

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Section 1. By striking the period at the end of Section 1 of said Act and inserting in lieu thereof, a semicolon, and by adding the following language to wit: provided, the words `regular county employees' shall not include any employees filling a temporary or seasonal appointment unless the name of said employee shall appear on the personnel rolls of Fulton County as a permanent employee in some other classification in which such employee shall be entitled to return to work at the expiration of his temporary or seasonal employment. so that said Section 1 when so amended shall read as follows: Section 1. The Commissioners of Roads and Revenues of Fulton County are hereby authorized to provide any type of group insurance for all regular county employees; provided, the words `regular county employees' shall not include any employees filling a temporary or seasonal appointment unless the name of said employee shall appear on the personnel rolls of Fulton County as a permanent employee in some other classification in which such employee shall be entitled to return to work at the expiration of his temporary or seasonal employment. Regular county employees. Section 2. Be it further enacted by the authority aforesaid that 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. Publisher's Affidavit. State of Georgia, County of Fulton.

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Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy was published in said paper on the 13, 20, 27th days of Dec., 1954, and on the 4th, 11th days of January 1955 as provided by law. /s/ Bessie K. Crowell. Subscribed and sworn to before me, this 12th day of January, 1955. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January, 1955) session of the General Assembly of Georgia for an amendment to the Act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for county employees, approved February 4, 1952, (Ga. Laws 1952, p. 2012), and the several acts amendatory thereof. This 9 day of December, 1954. Harold Sheats, County Attorney, Fulton County. Dec 13 20 27 Jan 4 tfn. Approved February 8, 1955.

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MUSCOGEE COUNTY COMMISSIONERSAMENDMENTS. No. 63 (House Bill No. 247). An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers, approved August 26, 1872, as amended by an Act approved October 13, 1885, as amended by an Act approved August 2, 1923, and as amended by an Act approved February 14, 1950, as amended by an Act approved February 4, 1953, by increasing the number of commissioners required for a quorum for the transaction of official county business from two to three; requiring a concurring vote of three commissioners in any official action; and further providing that all warrants or checks drawn for the payment of county obligations shall be signed by two members of said board and by the clerk of the commissioners and when so signed shall be paid by any depository of county funds, 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 entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers, approved August 26, 1872, as published in Georgia Laws, 1872, pages 451 and 452, and its several amendatory Acts be further amended by striking therefrom that portion of said original Act entitled, Section 4, and inserting therein a new Section 4 to read as follows: The attendance of at least three commissioners shall be necessary to constitute a quorum for the transaction of county business and at least three members must concur to pass any motion or resolution, or to take any other official action relating to county business. Quorum. Section 2. Be it further enacted that said original Act creating the Board of Commissioners of Roads and Revenues

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of Muscogee County, as amended, be further amended by striking Section 9 in its entirety, and substituting in lieu thereof a new Section 9 to read as follows: All warrants, checks, or orders for payment of obligations of Muscogee County shall be signed by the clerk of the county commissioners and by two commissioners, and when so signed shall be paid by any county depository. Warrants, checks, etc. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Section 4. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigating 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. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 10, 1955, for the passage of a local bill to amend an Act approved August 26, 1872, creating the Board of Commissioners of Roads and Revenues of Muscogee County, and its several amendatory Acts, by increasing the number of commissioners required for a quorum for the transaction of official county business from two to three; requiring a concurring vote of three commissioners in any official action, and further providing that all warrants and checks drawn for the payment of county obligations shall be signed by two members of said board, and when so signed shall be paid by any depository of county funds, and for other purposes. This 23rd day of December, 1955.

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/s/ Theo J. McGee Theo J. McGee County Attorney, Mucogee County. Georgia, Muscogee County. In person appeared before the undersigned officer, who is duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on his oath that he is publisher of the Columbus Ledger, the daily newspaper in which sheriff's advertisements for the locality affected are published; and that the foregoing notice of an intention to apply for passage of a local bill amending an Act approved August 26, 1872, creating the Board of Commissioners of Roads and Revenues of Muscogee County, and its several amendatory Acts by increasing the number of commissioners required for a quorum for the transaction of official county business from two to three; and requiring a concurring vote of three commissioners in any official action; and further providing that all warrants and checks drawn for the payment of county obligations shall be signed by two members of said board, and when so signed shall be paid by a depository of county funds, and for other purposes, has been published as provided by law in said newspaper on the 28th day of December, 1954, and on the 3rd and 10th days of January, 1955, within a period of sixty (60) days prior to its introduction in the General Assembly of Georgia. /s/ M. R. Ashworth. M. R. Ashworth. Sworn to and subscribed before me, this 20 day of January, 1955. /s/ H. L. Hollis. Notary Public, Muscogee County Georgia. (Seal) Approved February 8, 1955.

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MUSCOGEE COUNTYSEWERAGE SYSTEM. No. 65 (House Bill No. 243). An Act to amend an Act entitled An Act to empower Muscogee County in the State of Georgia to acquire, construct, reconstruct, improve, better and extend public sewers, to maintain and operate the same, prescribe, revise, and collect rates, fees, and charges for such sewer service, and the maintenance and operation of such sewers and sewer systems; and for other purposes, as published in Georgia Laws of 1945, pages 1129 and 1130, by empowering the commissioners of roads and revenues of said county to acquire lands, rights-of-way and easements, when necessary in carrying out the purposes of said Act, either by purchase or by exercising the power of eminent domain; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act entitled An Act to empower Muscogee County in the State of Georgia to acquire, construct, reconstruct, improve, better and extend public sewers, to maintain and operate the same, prescribe, revise and collect rates, fees, and charges for sewer services; to empower said county to issue and enforce executions for the collection of rates, fees and charges for such sewer service, and the maintenance and operation of such sewers and sewer systems; and for other purposes, as published in Georgia Laws for 1945 on pages 1129 and 1130 be, and the same is hereby amended by adding a new and complete section to be entitled Section 3 and to read as follows: Section 3. Whenever it shall become necessary in the construction, reconstructions, improvements, extension or maintenance of the sewer system or systems of said county or in the exercise of any of the powers given to said county under the terms of said Act, to acquire lands, rights of way or easements, then said county, through said board of commissioners of roads and revenues is fully

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empowered to acquire same either by purchase or by and through the exercise of the power of eminent domain. Eminent domain. Section 2. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigating 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. Notice of Intention to Apply for Local Legislation. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 10, 1955, for the passage of a local bill to amend an Act approved March 9, 1945, as published in Georgia Laws of 1945, pages 1129 and 1130, entitled An Act to empower Muscogee County in the State of Georgia to acquire, construct, reconstruct, improve, better and extend public sewers; to maintain and operate the same, prescribe, revise, and collect rates, fees, and charges for sewer services; to empower said county to issue and enforce executions for the collection of rates, fees and charges for such sewer service, and the maintenance and operation of such sewers and sewer systems; and for other purposes, by providing that the commissioners of roads and revenues of said county may acquire land, rights-of-way and easements by purchase or by the exercise of the power of eminent domain whenever said commissioners, in their discretion deem it necessary in order to carry out the full intent and purpose of said entitled Act. /s/ Theo J. McGee Theo J. McGee County Attorney, Muscogee County.

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Georgia, Muscogee County. In person appeared before the undersigned officer, who is duly authorized by law to administer oaths, M. R. Ashworth, who being duly sworn, deposes and says on his oath that he is publisher of the Columbus Ledger, a daily newspaper with a general circulation in said county and the newspaper in which sheriff's advertisements for the locality affected are published; and that the foregoing notice of an intention to apply for passage of a local bill to amend an Act approved March 9, 1945, as published in Georgia Laws 1945, pages 1129 and 1130, entitled An Act to empower Muscogee County in the State of Georgia to acquire, construct, reconstruct, improve, better and extend public sewers, to maintain and operate the same, prescribe, revise, and collect rates, fees, and charges for sewer services; to empower said county to issue and enforce executions for the collection of rates, fees and charges for such sewer service, and the maintenance and operation of such sewers and sewer systems; and for other purposes, by providing that the commissioners of roads and revenues of said county may acquire land, rights-of-way and easements by purchase or by the exercise of the power of eminent domain whenever said commissioners, in their discretion deem it necessary in order to carry out the full intent and purpose of said entitled Act has been published as provided by law in said newspaper on the 28th day of December, 1954 and on the 3rd and 10th days of January, 1955, within a period of 60 days prior to its introduction in the General Assembly of Georgia. /s/ M. R. Ashworth. Sworn to and subscribed before me, this 20 day of January, 1955. /s/ H. L. Hollis Notary Public, Muscogee County, Georgia. (Seal) Approved February 8, 1955.

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MOUNT VERNON CHARTER AMENDED. No. 66 (House Bill No. 163). An Act to amend an Act creating a new charter for the Town of Mount Vernon, Montgomery County, approved August 18, 1919 (Ga. L. 1919, p. 1118), so as to provide a change in the election date for the mayor and council; to provide that the mayor and councilmen so elected shall assume their duties on the first day of January following the date of their election; to provide for the qualification of candidates for mayor and council with the clerk; to provide for holding of election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act creating a new charter for the Town of Mount Vernon, Montgomery County, approved August 18, 1919 (Ga. L. 1919, p. 1118), is hereby amended by striking the words Wednesday in January from Section 4 and in lieu thereof inserting the words Tuesday in December, and adding after the first sentence the following: The mayor and councilmen shall assume their duties on the first day of January following the date of their election. Each candidate for mayor or council shall qualify with the clerk of the town in writing at least ten (10) days prior to the election to enable all names to be printed on the ballot., so that Section 4 as amended, shall read: Sec. 4, Act of 1919 amended. Section 4. Be it further enacted by the authority aforesaid, that the term of the mayor and each councilman shall be one year, and until their successors are elected and qualified, and the first election for said mayor and council under this charter shall be the second Wednesday in January, 1920, and there shall be an election for mayor and council each year thereafter on the second Tuesday in December. The mayor and councilmen shall assume their duties on the first day of January following the date of their election. Each candidate for

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mayor or council shall qualify with the clerk of the town in writing at least ten (10) days prior to the election to enable all names to be printed on the ballot. At the first regular meeting of the mayor and council after any election they shall qualify as such mayor and council and elect from their board of aldermen a mayor pro tem., whose term of office shall be one year. In the event a vacancy occurs in the office of mayor and aldermen or either the mayor or any member of the aldermen by reason of a failure of any one or more refusing to qualify and act, when elected, or by resignation, removal from town, death or otherwise the vacancy may be filled by remaining members of said board, provided there is still remaining on said board a sufficient number to form a quorum and provided further that should a majority of the qualified voters of said town desire that any vacancy or vacancies that may occur on said board be filled they may petition said board of aldermen to order an election to fill the vacancy or vacancies, and in that event it shall be mandatory upon said town council to order an election to fill said vacancy or vacancies, which election shall be held not less than ten days after said petition for same is filed with said board by a majority or showing a majority of the qualified voters calling for the same, and shall be held as soon as practical after the ten days has expired, notice of said election shall be given by posting the same at three or more public places in said town and the election shall be held and managed, returns made, results declared, in the same manner as regular elections, as hereinafter provided, and should the office of mayor pro tem. become vacant for any cause after the mayor pro tem. has been selected, and before his term has expired, then said board of aldermen shall elect another mayor pro tem. from among their number, in the same manner as regular appointments of mayor pro tem. Mayor and council. Section 2. Said Act is further amended by striking from Section 12 the words Wednesday in January, ten and four and in lieu thereof inserting the words Tuesday in December, seven and six, so that Section 12, as amended, shall read: Sec. 12 amended.

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Section 12. Be it further enacted by the authority aforesaid, that the election for mayor and council for said town shall be held on the 2nd Tuesday in December in each year; that all elections for mayor and aldermen and elections on any questions submitted to the voters of said town, shall be held at the courthouse. The mayor and aldermen shall have full power and authority to call any special election for any purposes, whenever they deem it expedient for the interest of said town. All elections to be held by at least two persons who shall be qualified to hold and superintend elections for members of the General Assembly of this State, and said election will be held in the same manner and under the same rules and regulations as elections for members of the General Assembly, except as above provided, and that said election may be opened at seven o'clock A. M. and closed at six o'clock P. M. Elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Montgomery County. Notice is hereby given that at the next session of the Legislature of Georgia, I will introduce a bill to amend the charter of the Town of Mount Vernon, Georgia, to provide that the date of having the annual election of mayor and council be on the second Tuesday in December with the mayor and councilmen elected at that time to assume their duties on the first day of January following the date of their election; to also provide that each candidate for mayor and council to qualify with the clerk of the town, in writing, at least ten (10) days prior to the election in order that all names may be printed on the ballot, and for other purposes. This the 14th day of December, 1954. (Signed) Joe C. Underwood, Representative of Montgomery County, Georgia.

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Georgia, Montgomery County. Personally appeared before me, a notary public, the undersigned, Herman McBride, who on oath says that he is the managing editor of the Montgomery Monitor, a newspaper published in Montgomery County, Georgia, and being the legal and official organ of said county, certifies and swears that the above legal notice to introduce local legislation was published in said newspaper on December 16th, 1954, December 23rd, 1954, December 30th, 1954 and January 6th, 1955. /s/ Herman McBride. Sworn to and subscribed before me, this 15th day of January, 1955. /s/ Schley H. Fountain Notary Public. Approved February 8, 1955. FULTON COUNTYGARBAGE DISPOSAL IN UNINCORPORATED AREAS. No. 67 (House Bill No. 88). An Act to amend an Act entitled An Act to establish a method for providing garbage disposal systems in the unincorporated portion of Fulton County... and for other purposes, approved February 21, 1951 (Ga. Laws 1951, p. 3079) and any Acts amendatory thereof by providing that Fulton County may contract with private individuals, firms or corporations for garbage disposal service in the unincorporated area; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Act entitled An Act to establish a method for providing

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garbage disposal system in the unincorporated portion of Fulton County... and for other purposes approved February 21, 1951 (Ga. Laws 1951, p. 3079) and any Acts amendatory thereof be amended as follows: Section 1. By adding to Section 5 thereof the following: Notwithstanding any other provision in this Act, Fulton County shall be authorized to contract with any private individual, firm or corporation, who in the judgment of the governing authorities of Fulton County is qualified to render the required service; to collect and dispose of garbage originating on the premises of any citizen or property owner of an unincorporated area, and to finance same by the levy and collection of taxes or assessments as provided in Section 7 of this Act. So that said Section 5 when so amended will read as follows: Section 5. Neither the board of commissioners of roads and revenues nor any other authority of Fulton County, shall, after the 31st day of December, 1951, maintain, operate or continue in existence a garbage disposal system, or any facility thereof, except as authorized by this Act. On or before the first day of January, 1952, such commissioners shall transfer to the City of Atlanta all of the motor vehicles and other equipment, materials and supplies used by or assigned to said county's garbage disposal system in the normal course of its operation prior to being discontinued as provided by this Act. Notwithstanding any other provision in this Act, Fulton County shall be authorized to contract with any private individual, firm or corporation, who in the judgment of the governing authorities of Fulton County is qualified to render the required service; to collect and dispose of garbage originating on the premises of any citizen or property owner of an unincorporated area, and to finance same by the levy and collection of taxes or assessments as provided in Section 7 of this Act. Act of 1951, amended. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed.

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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. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 6, 13, 20, 27th days of Dec., 1954, and on the 3rd, 10th days of January 1955 as provided by law. /s/ Beside K. Crowell. Subscribed and sworn to before me this 12th day of January, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January, 1955) session of the General Assembly of Georgia for local legislation to amend an Act entitled An Act to establish a method for providing garbage disposal systems in the unincorporated portion of Fulton

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County... and for other purposes (Ga. Laws, 1951, p. 3079). This December 1, 1954. Harold Sheats, County Attorney, Fulton County. Dec 6 13 20 tfn Approved February 8, 1955. BRUNSWICK CHARTER AMENDED. No. 68 (House Bill No. 18). An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to closing and conveying certain streets and alleys upon its city commission; to ratify and confirm the action of said commission in the conveying by quitclaim deed of certain parkways in Oak Park Subdivision; to amend the pension plan of said city to alter and amend the method and means by which former employees of the city returning to service with the city will be entitled to participate in the pension plan and receive benefits provided therein; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the commission of said city shall have the right and authority to close the following described streets, lanes and alleys, or any portion or portions thereof in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well known maps and plan of said city, to wit: (A) T. Street from the easterly line of Cleburne Street to the southern line

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of the Atlantic Coast Line Railroad, Western Division, formerly Atlanta, Birmingham and Coast Railroad Company's spur track right-of-way, running to the Hercules Powder Company; (B) Davis Street from the Roswell-King line of town commons of said city on the south to said right-of-way, referred to in Paragraph (A) hereof; (C) Habersham Street from the Roswell-King line of town commons of said city on the south to said right-of-way referred to in Paragraph (A) hereof; (D) Habersham Street from the northerly line of L Street to the Hughes town commons line of the City of Brunswick; (E) M Street from the easterly line of Davis Street to the westerly line of Habersham Street; (F) N Street from the easterly line of Davis Street to the westerly line of Habersham Street; (G) O Street from the easterly line of Davis Street to the westerly line of Habersham Street; (H) P Street from the easterly line of Davis Street to the westerly line of Habersham Street; (I) Franklin Street from the northerly line of First Street to the southerly line of Second Street; (J) Wolfe Street from the northerly line of First Street to the southerly line of Second Street; (K) Those certain lanes and alleys within that certain block in the said City of Brunswick bounded: northerly by Second Street, easterly by Wolfe Street, southerly by First Street and westerly by Norwich Street described as follows: (1) That certain thirty (30) foot alley running from Norwich Street to Wolfe Street; (2) That certain ten (10) foot alley lying between Lots 148, 149, 150, 151, 152, 153, 154 and Lots 134, 135, 136, 137, 138, 139, 140, running from the westerly line of Wolfe Street to the easterly line of the ten (10) foot alley lying easterly from and running parallel to Norwich Street; (3) That certain ten (10) foot alley lying between Lots 113, 114, 115, 116, 117, 118, 119 and Lots 127, 128, 129, 130, 131, 132, 133, running from the westerly line of Wolfe Street to the easterly line of the ten (10) foot alley lying easterly from and running parallel to Norwich Street; and (4) That certain ten (10) foot alley lying easterly from and parallel to Norwich Street, which alley extends from First Street on the south northwardly to the southerly line of Second Street. After closing said streets, lanes and alleys, or any portion thereof, the City

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of Brunswick may retain title to such closed portions thereof, or may, in the discretion of the City Commission, convey, sell or exchange any portion or portions or all of such closed portion or portions of said streets, lanes or alleys for such consideration, with such restrictions and exceptions and reservations and upon such terms as the commission deems best, at public or private sale to any person, firm, corporation, the State of Georgia or other body politic. If such property shall be sold at public sale, it shall be done in the same manner as provided in the city charter for the sale of other city real property, except that the sale must be by unanimous vote of the commission with the written concurrence of the city manager. Closing of streets authorized. Section 2. That from and after the passage of this Act, Section 12 of an Act entitled An Act to amend the charter of the City of Brunswick, Georgia: To confer certain additional powers therein named with respect to certain lots, alleys and streets upon its city commission: To amend the regulations concerning tax assessments: To provide for and authorize the pensioning of City employees: To confer the right to acquire by gift, purchase, or the exercise of the right of eminent domain waterworks and water distribution systems and facilities, lands, easements and the like, and for other purposes, approved February 5, 1941 (Ga. Laws 1941, pp. 1193, 1202) be repealed, and the following enacted in lieu of said Section: Sec. 12, Act of 1941, amended. That in the event that any resigned or dismissed employee of the city who has drawn his contributions from the pension fund, should return to the service of the said City of Brunswick, he shall pay into the pension fund of the said city the total amount that he has withdrawn from the said fund by beginning to repay within thirty (30) days from his return to service, and paying in full the total amount that he has withdrawn from said fund within not more than one hundred eighty (180) days from his return to service. From the date of such employee's return to service he shall make the then current contributions required of employees of said city

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under the pension system, and shall repay funds withdrawn as herein provided. Before such employee shall be entitled to receive any of the benefits of the pension system, there must be repaid to the fund the total amount of his contributions so withdrawn by him, and the then current contributions required of employees under the pension system, and compliance with all other provisions of the pension system of said city. Pension system. Section 3. 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 November 17, 1954, in disclaiming acceptance of Parkway or any intention to accept Parkway and acknowledgment that the said city had never exercised any dominion over said Parkway, which parkway is identified as two tracts shown on plat of Oak Park Subdivision made by L. S. Miller, and dated July 15, 1943, designated and described as Parkway No. 1 and Parkway No. 2 in said subdivision; and there is hereby ratified, approved and confirmed, in each and every respect, the execution of deed and the conveyance by deed to W. F. Crandall, John C. Kaufman and Norman A. Way, their heirs and assigns, any right, title, equity and interest of the City of Brunswick in and to said parkways, all as set out in that certain quitclaim deed from the City of Brunswick to the said W. F. Crandall, et al, dated November 17, 1954. Conveyance ratified. Section 4. Be it further enacted that should any clause, portion or section of this Act be declared unconstitutional or invalid by any court of the State for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 6. That attached hereto and made a part

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hereof as required by the Constitution of the State of Georgia, now of force, is the affidavit of the authors, Bernard N. Nightingale and William R. Killian, of Glynn County, Georgia, to the effect that the said notice of intention to apply for local legislation, copy of which is attached to said affidavit, was published in The Brunswick News, the newspaper in which are published the sheriff's advertisements for Glynn County, Georgia, in which county the City of Brunswick is located, in the issues of said newspaper of December 24th and 28th, 1954, and January 3rd, 1955. State of Georgia, County of Fulton. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Bernard N. Nightingale and William R. Killian, 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 December 24 and 28, 1954, and January 3, 1955; 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/ William R. Killian. Sworn to and subscribed before me this 12th day of January, 1955. /s/ Janette Hirsch Notary Public, Fulton County, Ga. Notarial Seal Affixed.

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Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the January, 1955, session of the General Assembly of Georgia, which convenes on January 10, 1955, a local bill to be entitled: An Act entitled an Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to closing and conveying certain streets and alleys upon its city commission; to ratify and confirm the action of said commission in the conveying by quitclaim deed of certain parkways in Oak Park Subdivision; to amend the pension plan of said city to alter and amend the method and means by which former employees of the city returning to service with the city will be entitled to participate in the pension plan and receive benefits provided therein; and for other purposes. This December 23, 1954. /s/ B. N. Nightingale, /s/ William R. Killian, Representatives of Glynn County, Georgia. 12/24-28 1/3 Approved February 8, 1955. MUSCOGEE COUNTY PENSION SYSTEM AMENDED. No. 69 (House Bill No. 249). An Act to amend an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc., and all Acts amendatory thereof by allowing an employee under certain conditions to withdraw the entire amount

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paid into said pension fund by such employee, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County, Georgia, provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc., which Act is set forth in Georgia Laws 1945, page 1100, approved March 9, 1945, and as amended by Act set forth in Georgia Laws 1951, page 2018, approved January 29, 1951, be and the same is hereby amended by striking, in Section 13, of said Act, the following: the amount paid under this pension plan shall be refunded less 2% per year or any part thereof; for example: 1 year paid $10 less 2% $.20 refund $9.80; 10 year paid $100 less 20% $20.00 refund $80.00; 20 year paid $200 less 40% $80.00 refund $120.00 and substituting therefor the following: the entire amount paid under this pension plan into said pension fund by such employee shall be refunded to such employee, his heirs or assigns, so that said Section 13, as amended, shall read as follows: Sec. 13. Section 13. Severance. Refunds. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority that in the event of resignation, dismissal or death of employees before becoming eligible for benefits or withdrawal after becoming eligible for benefits by virtue of this Act, the entire amount paid under this pension plan into said pension fund by such employee shall be refunded to such employee, his heirs or assigns. Severance, Refunds. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that all laws and portions of laws which conflict with the provisions of these Acts be and the same are hereby repealed. Section 3. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigating

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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. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 10, 1955, for the passage of a local bill to amend an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County, shall provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc. and all Acts amendatory thereof by allowing an employee under certain conditions to withdraw the entire amount paid into said pension fund by such employee, and for other purposes. This 23rd day of December, 1955. /s/ Theo J. McGee Theo J. McGee County Attorney, Muscogee County. Georgia, Muscogee County. In person appeared before the undersigned officer, who is duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on his oath that he is publisher of the Columbus Ledger, the daily newspaper in which sheriff's advertisements for the locality affected are published; and that the foregoing notice of an intention to apply for passage of a local bill amending an Act approved March 9, 1945, entitled An Act to provide that Muscogee County, shall provide for a permanent pension fund for present and future

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employees, including the city-county health department and elective salaried officers, etc., and all Acts amendatory thereof by allowing an employee under certain conditions to withdraw the entire amount paid into said pension fund by such employee, and for other purposes, has been published as provided by law in said newspaper on the 28th day of December, 1954, and on the 3rd and 10th days of January, 1955, within a period of sixty (60) days prior to its introduction in the General Assembly of Georgia. /s/ M. R. Ashworth. M. R. Ashworth. Sworn to and subscribed before me, this 20 day of January, 1955. /s/ H. L. Hollis Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved February 8, 1955. ELECTION HOURS IN CERTAIN COUNTIES. No. 70 (House Bill No. 125). An Act to amend an Act providing for the hours of opening and closing polling places within this State approved March 19, 1943 (Ga. L. 1943, p. 480), as amended, so as to provide that in counties of at least 22,600 and not more than 23,300, according to the United States census of 1950 or any future United States census, that polls shall open at 6 o'clock A. M. and close at 7 o'clock P. M.; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act providing the hours of opening and

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closing polling places within this State approved March 19, 1943 (Ga. L. 1943, p. 480), as amended, is hereby amended by adding a new paragraph to read as follows: The hours for holding all general, special and primary elections in all counties of this State of not less than 22,600 population and not more than 23,300 population, according to the United States census of 1950 or any future United States census, shall be from 6 o'clock A. M., to 7 o'clock P. M., according to the legal time prevailing in this State, at all polling places where elections are held. Provided, however, that the provisions of this Act shall not apply to municipal elections in such counties. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1955. MILLER COUNTY COMMISSIONERSAMENDMENTS. No. 71 (House Bill No. 81). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of the County of Miller, approved August 22, 1905 (Ga. Laws 1905, p. 569), as amended, especially by an Act approved March 3, 1943 (Ga. Laws 1943, p. 1084), and an Act approved February 25, 1949 (Ga. Laws 1949, p. 1913), so as to decrease the number of commissioners; to provide for the election of the commissioners; to provide the residential qualifications for candidates for commissioner; to provide that the county commissioners shall be the sole purchasing agent for the county; to provide that the commissioners shall have power to delegate purchasing power to a purchasing agent of their choice or to one of the members of the commission; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of an Act creating a Board of Commissioners of Roads and Revenues of the County of Miller approved August 22, 1905 (Ga. Laws 1905, p. 569), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1913), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof the following: Section 1. That from and after the passage and approval of this Act, there shall be established in the County of Miller a Board of Commissioners of Roads and Revenue, consisting of three persons, viz., one member from the 903rd District, G. M.; one member from the 1029th District G. M.; one member from the 1160th District G. M.; and that each member shall reside in the district from which he is elected. Each member shall be elected by a majority vote of the voters voting in the district in which he resides and shall not be required to receive a majority of the votes cast in Miller County. Each and every member of said Board of Commissioners of Miller County shall hold their office for a term of four years or until their successors are elected and qualified. Provided, that nothing herein shall be construed to effect the term of any commissioner now duly elected. The terms of the commissioners herein provided for shall begin in January 1957 and they shall be elected at the general election of 1956. The board of commissioners shall have authority to elect one member to be chairman. Board. Section 2. Section 5 of the Act creating a Board of Commissioners of Roads and Revenues for Miller County is hereby amended by striking the word three wherever it appears and inserting the word two in lieu thereof so that Section 5 shall read: Section 5. That two members of said board shall constitute a quorum for the transaction of business and that two must concur in order to pass any order or let

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any contract or grant or allow any claim against the county. Quorum. Section 3. Section 15 of the Act of 1905, as amended, is hereby amended by striking Section 15 in its entirety and in lieu thereof inserting the following: Section 15. That the members of the Board of Commissioners of Roads and Revenue for Miller County herein provided for shall each receive for their services the sum of $50.00 per month. The salary shall be paid monthly out of the county treasury of Miller County. The chairman shall receive no extra compensation for his services. Compensation. Section 4. Section 17 of the Act of 1905, as amended, is hereby amended by striking Section 17 in its entirety and inserting in lieu thereof the following: Section 17. From and after the approval of this Act, the Board of Commissioners of Roads and Revenues of Miller County shall be the sole purchasing authority of the county or for any department of the county where payment of the items purchased is to come from the general treasury of Miller County. The commissioners shall have authority to delegate the purchasing authority to a special purchasing agent of their choice or to one of the members of the Board of Commissioners of Roads and Revenue for Miller County. The commissioners shall have authority to revoke any delegation of such authority at their pleasure. Purchases. Section 5. 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 a bill to reduce the number of Commissioners of Roads and Revenues of Miller County to three; to provide that one of such commissioners shall

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reside in each militia district of said county; to provide and be elected by the voters of the same district; for the election of the chairman of said board of commissioners by the commission from among their own number; to provide for a salary for each such commissioner; to provide that the chairman shall receive no extra compensation for serving as chairman; to provide a term of office for each such commissioner; to provide a date on which the provisions of said bill shall be effective; to repeal all conflicting laws and for other purposes. This 14th day of December, 1954. Lovett Dozier. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lovett R. Dozier, 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: December 17, 24 and 31, 1954. /s/Lovett R. Dozier, Representative, Miller County. Sworn to and subscribed before me this 17 day of Jan., 1955. /s/ Frank H. Edwards Notary Public Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved February 8, 1955.

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MADISON COUNTY TAX COMMISSIONER'S COMPENSATION. No. 72 (House Bill No. 83). An Act to amend an Act abolishing the office of tax receiver and tax collector of Madison County, Georgia, and providing the duties, powers and compensation of the tax commissioner, approved August 15, 1927 (Ga. L. 1927, p. 623), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 924), so as to increase the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act abolishing the office of tax receiver and tax collector of Madison County, creating the office of tax commissioner and defining the duties, powers and compensation of the tax commissioner, approved August 15, 1927 (Ga. L. 1927, p. 623), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 623), is hereby amended by striking Section 5 in its entirety and in lieu thereof inserting the following: Section 5. The compensation of the tax commissioner shall be one hundred (100%) percent of all fees and commissions, now or hereafter provided by law, collected and turned into the county treasury by said officer. In addition, he shall also receive all fees now or hereafter allowed by law for issuing tax fi. fas., and all other compensation now or hereafter allowed by law. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Madison. Before me, a notary public in and for said State and county, personally appeared Jere C. Ayers, who being duly sworn, deposes and says that he is the publisher

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of The Danielsville Monitor, a legal weekly newspaper published at Danielsville, Georgia, in the County of Madison, and that this notice, a true copy of which is attached hereto, was published once a week for four consecutive weeks, as follows: December 3, 1954; December 10, 1954; December 17, 1954; and December 24, 1954. /s/ Jere C. Ayers, Publisher, The Danielsville Monitor. Sworn to and subscribed before me, this the 7th day of January, 1955. /s/ J. Hoke David Notary Public. My Commission expires: September 5, 1956. (Seal) Madison County Tax Commissioner's Compensation. To whom it may concern: There will be introduced at the coming session of the General Assembly of Georgia, January session 1955, An Act to amend an Act of 1941, page 294, entitled, Madison County Tax Commissioner's Compensation, so that when said Act is amended, it will read, that instead of the tax commissioner receiving 70 percent of the fees, commissioners, and compensation so collected in taxes, that he receive 100 percent, and to strike from said Act of 1941, page 924, the provision that 30 percent remaining be paid to the commissioner of roads and revenues, so that when said Act of 1941 as aforesaid is amended that it will authorize the tax commissioner to receive 100 percent of the fees, commissions and other compensation allowed tax commissioners and tax collectors on all taxes so collected. December 3, 1954. H. B. Burroughs, Tax Com. Approved February 8, 1955.

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CITY COURT OF BRUNSWICKAMENDMENTS. No. 73 (House Bill No. 225). An Act to amend an Act approved March 9, 1943, (Ga. Laws 1943, p. 702), creating the City Court of Brunswick, and all Acts amendatory thereof, so as to increase the salaries of the solicitor, clerk, chief deputy clerk, deputy clerk, sheriff, chief deputy sheriff, and deputy sheriff, of said court, effective from and after July 1, 1955; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 7 of the Act creating the City Court of Brunswick, approved March 9, 1943, as such Act was amended by Section Two of An Act to amend an Act creating the City Court of Brunswick, approved March 9, 1943, as amended by an Act approved March 9, 1945, an Act approved January 31, 1946, and an Act approved March 28, 1947, and for other purposes, approved February 25, 1949 (Ga. Laws 1949, p. 2085) is hereby amended by striking in its entirety from said Act the following language, to wit: Effective as of January 1, 1949, said solicitor shall receive a salary in the amount of $2,400.00 per annum, which shall not diminish during his term of office, except to apply to a subsequent term, and which shall be paid monthly out of the treasury of the County of Glynn; provided, however, should said solicitor elect not to engage in the practice of law while holding office as such solicitor and should he make and file with the judge of said court a certificate to that effect, then from date of such certificate he shall receive a salary in the amount of $4,200.00 per annum, which shall not be diminished during his term of office, except to apply to a subsequent term, and which shall be payable out of the treasury of Glynn County. In the event said solicitor should elect not to engage in the practice of law while holding said office, he shall be furnished

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quarters at the courthouse of Glynn County, Georgia, and the commissioners of roads and revenue shall provide the necessary furniture and appurtenances of said office, and shall defray from the treasury of Glynn County the necessary expenses; including stenographic and clerical help, telephone and telegraphic tolls, and stationery and postage, as may be required to carry out and perform the duties of the said office; provided said solicitor, in his discretion, may elect to keep his office elsewhere than at said courthouse and to provide his own furniture and appurtenances of office and to defray his own expenses, and in the event of such election he shall be paid an allowance, not in excess of $50.00 per month, to cover such quarters, appurtenances and expenses, and such allowance shall be paid to him from the treasury of Glynn County, and inserting in lieu thereof the following language, to wit: Effective as of July 1, 1955, the said solicitor shall receive a salary in the amount of $3,000.00 per annum, which shall not be diminished during his term of office, except to apply to a subsequent term, and which shall be paid monthly out of the treasury of the County of Glynn; provided, however, should said solicitor elect not to engage in the practice of law while holding office as such solicitor and should he make and file with the judge of said court a certificate to that effect, then from date of such certificate he shall receive a salary in the amount of $4,200.00 per annum, which shall not be diminished during his term of office, except to apply to a subsequent term, and which shall be payable out of the treasury of Glynn County. In the event said solicitor should elect not to engage in the practice of law while holding said office, he shall be furnished quarters at the courthouse of Glynn County, Georgia, and the commissioners of roads and revenue shall provide the necessary furniture and appurtenances of said office, and shall defray from the treasury of Glynn County the necessary expenses, including stenographic and clerical help, telephone and telegraph tools, and stationery and postage, as may be required to carry out and perform the duties of the said office; provided said solicitor, in his discretion, may elect

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to keep his office elsewhere than at said courthouse and to provide his own furniture and appurtenances of office and to defray his own expenses, and in the event of such election he shall be paid an allowance not in excess of $50.00 per month, to cover such quarters, appurtenances and expenses, and such allowance shall be paid to him from the treasury of Glynn County. Solicitor's compensation, office, expenses, etc. Section 2. Section 11 of the Act creating the City Court of Brunswick, approved March 9, 1943, as such Act was amended by Section 5 of the Act, approved March 9, 1945, as such Act was amended by Section 3 of the Act approved February 25, 1949, as such Act was amended by Section 3 of the Act approved February 13, 1952, is hereby repealed in its entirety, and in lieu thereof is hereby inserted a new Section to be known as Section 11, and to read as follows to wit: Effective as of July 1, 1955, the clerk of said court shall be paid a salary in the amount of $4,800.00 per annum. The chief deputy clerk shall be paid a salary in the sum of $3,300.00 per annum, and every other deputy clerk shall be paid a salary in the sum of $2,700.00 per annum. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court and shall also act as secretary to the judge, and shall be appointed by the judge. The sheriff of said court shall be paid a salary in the amount of $3,900.00 per annum. His chief deputy shall be paid a salary in the amount of $3,600.00 per annum, any other deputy sheriff shall be paid a salary of $3,300.00 per annum. In addition to the salaries paid to said sheriff and his said lawful deputies they shall be paid all necessary and reasonable expenses which they may incur in carrying out and performing the duties of their offices. All of said salaries shall be paid monthly out of the treasury of the County of Glynn. The salaries so paid shall be in full compensation for all services of whatever kind and nature rendered by said clerk and said sheriff, and said deputies, and in lieu of such fees as are allowed sheriffs and clerks and their deputies. All such fees and costs shall be paid over to the treasury of the County of Glynn. Clerk, sheriff and deputies.

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Section 3. The provisions of this Act shall become effective only from and after July 1, 1955. Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Section 5. Attached hereto and made a part hereof as required by the Constitution of the State of Georgia, now of force, is the affidavit of the authors, Bernard N. Nightingale and William R. Killian, of Glynn County, Georgia, to the effect that the said notice of intention to apply for local legislation, copy of which is attached to said affidavit, was published in The Brunswick News, the newspaper in which are published the sheriff's advertisements for Glynn County, Georgia, in which county the City Court of Brunswick is located, in the issues of said newspaper of January 7, 14, and 21, 1955. Georgia, Fulton County. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Bernard N. Nightingale and William R. Killian, who having been first duly sworn on oath depose and say that they are the authors of the foregoing bill to amend the Acts creating the City Court of Brunswick, Glynn County, Georgia; and that the notice of intention to apply for such 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 is located the City Court of Brunswick), in the issues of said newspaper of January 7, 14, and 21, 1955; 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/ William R. Killian.

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Sworn to and subscribed before me this 24 day of January, 1955. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. (Seal) Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the January, 1955, session of the General Assembly of Georgia, which convenes on January 10, 1955, a bill to be entitled An Act to amend an Act approved March 9, 1943 (Ga. Laws 1943, p. 702), creating the City Court of Brunswick, and all Acts amendatory thereof, so as to increase the salaries of the solicitor, clerk, chief deputy clerk, deputy clerk, sheriff, chief deputy sheriff, and deputy sheriff, of said court, effective from and after July 1, 1955; to repeal conflicting laws; and for other purposes. This January 5, 1955. B. N. Nightingale, William R. Killian, Representatives of Glynn County, Georgia. 1/7-14-21 Approved February 8, 1955. APPLING COUNTY COMMISSIONERSAMENDMENTS. No. 74 (House Bill No. 124). An Act to amend an Act approved February 12, 1945 (Ga. Laws 1945, pp. 650-656) which Act created a Board of Commissioners of Roads and Revenues for the County of Appling, and all Acts amendatory thereof, so as to provide for the creation of six commissioner districts for Appling County; to provide for the

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addition of one member to the board of commissioners of roads and revenues of said county; to provide for the election and term of office, salary, powers, and duties of same member so added; to provide for the election of each of said members of said new board of six commissioners from their respective six commissioner districts by the voters of each respective commissioner district rather than by the voters of Appling County as a whole; to provide for the term of office, powers, and duties of said six member board; to provide for a chairman and clerk of said board and define their powers and duties; to fix the salaries of said members of said board, chairman and clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 12, 1945 (Ga. Laws 1945, pp. 650-656), creating a Board of Commissioners of Roads and Revenues for the County of Appling, as amended by an Act approved February 21, 1947 (Ga. Laws 1947, pp. 89-100), and as further amended by an Act approved February 25, 1949 (Ga. Laws 1949, pp. 2092-2102), and as further amended by an Act approved February 21, 1951 (Ga. Laws 1951, pp. 2744-2746) be and the same is hereby amended as hereinafter set out. Section 2. By striking from said Act, as amended, Section 1 in its entirety, and substituting in lieu thereof a new Section 1 to read as follows: Section 1. A Board of Commissioners of Roads and Revenues for the County of Appling in said State of Georgia, to consist of six members, is hereby created, whose term of office (except for the special term for the new member added hereby whose term shall be and commence as hereinafter provided) shall be for four years, beginning on January 1, 1957, and expiring January 1, 1961, or when their successors are elected and duly qualified to succeed them, a regular four-year term being hereby provided for said officers and their successors in office. The salaries, powers, and duties of each of the members

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of said six member board, and of the clerk and chairman of said board, except as hereinafter provided, shall be the same as now provided by law immediately before the passage of this Act. Until the election and qualification of the new member to be added to the present five-member board, as hereinafter provided, said present five-member board shall continue to exist, act, and function in the same manner as though no provision had been made for the addition of an additional member to said five-member board. Upon the election and qualification of said sixth member, he shall take office as herein provided, and said board shall then be and become a six-member board. Board. Section 3. By striking from said Act, as amended, Section 2 in its entirety, and substituting in lieu thereof a new Section 2 to read as follows: Section 2. No person shall be eligible to fill the office of commissioner under this Act who is not a qualified voter of Appling County, and who has not resided in the commissioner district, as hereinafter designated, from which he seeks election for a period of at least one year next preceding the date of said election; provided that nothing contained herein shall be construed to affect the qualifications, eligibility or the present terms of office of the present five members of said board of commissioners. Qualifications of members. Section 4. By striking from said Act, as amended, Section 2 (a) in its entirety, and substituting in lieu thereof a new Section 2 (a) to read as follows: Section 2 (a). Be it enacted that within 30 days after the passage and approval of this Act, the Ordinary of Appling County shall call a special election for the purpose of electing an additional member to the present five-member board of commissioners, said commissioner so added to be a resident of the commissioner district designated herein comprising the 583rd Georgia Militia District of Appling County, and must be otherwise qualified as provided herein; said special election to be held

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in accordance with the laws, rules and regulations with respect to special elections as contained in Title 34, Code of Georgia of 1933, as amended, and as provided by law; provided, that candidates for said office shall qualify with the Ordinary of Appling County at least 15 days prior to the date set for said special election by paying a qualification fee of $25, to be used in defraying the expenses of said election, the balance, if any, to be paid into the general funds of Appling County by said ordinary; that said election shall be held on a date within 45 days after the calling of same, and notice of same shall be given by posting a notice of the purpose and date of said election before the courthouse door of Appling County, and publishing a like notice once a week for four weeks immediately preceding the date of said election in the official organ of the county, The Baxley News Banner; that all duly registered voters of Appling County qualified to vote shall be qualified to vote in said special election; that election managers shall make their returns on the day following the election, provided said day is not Sunday, and if such day is Sunday, then on the next day following said Sunday, to the Ordinary of Appling County, who shall consolidate the returns and declare as elected that candidate receiving the highest number of votes cast in said election and meeting the qualifications of residence in said commissioner district from which said commissioner is to be elected, and the other qualifications as set forth herein concerning said election. Said candidate elected shall immediately, upon taking the oath of office and giving the bond provided for commissioners, fill said office as a member of said six-member board of commissioners created hereby. The term of office of said commissioner so added shall commerce upon his said election and qualification and shall terminate at the same time and on the same date, and in accordance with the law, rules and regulations as govern the termination of the present terms of office of the present members of the present five-member board of commissioners, the terms of all of the members of said six-member board to terminate at the same time; provided, that nothing contained herein shall be construed to shorten or otherwise alter the terms of office of the

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members of said present five-member board for which said members have been elected. When elected and qualified, said member so added shall be entitled to and paid the same salary, and shall have the same powers and duties as the other members of said board, and in accordance with the laws and regulations pertaining to members of said board. After completing his first term, thereafter, said sixth member shall be elected at the same time and shall serve for the same term as the other five members of the board. Election. Section 5. By striking from said Act, as amended, Section 3 in its entirety, and substituting in lieu thereof a new Section 3 which shall read as follows: Section 3. Be it further enacted that at the same time the election is held in the County of Appling for election of county officers, beginning with the election of county officers for terms commencing January 1, 1957, there shall be held an election for six members to the board of commissioners of roads and revenues. The voters of each respective commissioner district as herein designated, shall elect one of said commissioners, who shall reside and shall have resided in said district, as hereinbefore provided, and be the candidate residing in said district receiving the highest number of votes cast in said election by the voters of such commissioner district. It being the intention of this Act that each commissioner shall be elected by the voters of his respective commissioner district only and not by the voters of the county as a whole; provided that nothing contained in this section shall be construed to refer to or alter any provision contained herein in reference to any special election; provided further, that the powers and duties of each and all of said commissioners shall be that of a commissioner acting, and a board of commissioner acting, whatever the case may be, for Appling County as a whole and shall be co-extensive with the limits of the county. Election. Section 6. By striking from said Act, as amended, Section 3 (a) in its entirety.

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Section 7. By striking from said Act, as amended, Section 5 (a) in its entirety, and substituting in lieu thereof a new Section 5 (a) to read as follows: Section 5 (a). Said six-member board of commissioners of roads and revenues shall have a chairman and a clerk. At the first regular meeting of the board following passage and approval of this Act, and following the election and qualification of the sixth member of said board provided for herein, the members of said board shall select from among their number a chairman, who in order to be elected shall receive a majority of the votes cast. If after five ballots being taken no one person has received such majority, the Ordinary of Appling County shall be called in and shall vote in the balloting for a chairman, and his vote shall be counted in the election of a chairman the same as any commissioner's vote. The chairman shall preside at meetings of the board and shall be paid the same, and no more compensation than other members of the board, and shall have the same powers and duties as other members of said board unless otherwise herein specifically provided; provided, that said chairman shall have no vote in matters, issues, or business before said board, except that said chairman shall vote in the elections of all chairmen for said board, and shall vote on matters, business or issues before said board where the votes of the other members result in a tie. Every chairman hereafter elected shall be elected in the same manner as above provided, except that after the election of the first chairman of said six-member board as herein provided said election of chairman shall be held at the first regular meeting of the board following their induction into office. The chairmanship of each board may be declared vacant in the following manner: Upon motion being made at any regular meeting of the board to declare the chairmanship vacant, which motion shall be placed on the minutes of the meeting and no other action taken thereon until at the next regular meeting of the board. At the next regular meeting it shall be the duty of the clerk of the board to read from the minutes the said motion, as the first order of business, and put same to vote. If the motion receives the favorable vote

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of three of the commissioners the chairmanship shall be vacant and a new chairman shall be immediately elected as above provided. In addition, at the regular meeting in January of each year, without prior motion, the chairmanship shall become vacant, and a new chairman of the board shall be elected. Chairman. Each of said commissioners, including the chairman, shall be paid as compensation for services, such sum as may be fixed by the board, not to exceed the sum of $600 per year, to be paid in such manner as the board shall declare. It shall be unlawful for any commissioner to be paid or receive any additional sum from Appling County for any services of any nature, except the commissioners may be reimbursed from county funds for any reasonable expenses incurred by them in making authorized trips outside the limits of the county on county business. Compensation of commissioners. The salary, powers and duties of the clerk of said board shall be and remain as provided by law immediately before the passage of this Act. Clerk. Section 8. By striking from said Act, as amended, Section 8 in its entirety and substituting in lieu thereof a new Section 8, which shall read as follows: Section 8. Be it enacted that the County of Appling is hereby divided into six commissioner districts, designated as follows: The 457th Georgia Militia District shall comprise one commissioner district; the 583rd Georgia Militia District shall comprise one commissioner district; the 443rd and 1239th Georgia Militia Districts shall comprise one commissioner district; the 1394th and 1754th Georgia Militia District shall comprise one commissioner district; the 1563rd and 1723rd Georgia Militia Districts shall comprise one commissioner district; and the 456th and 1726th Georgia Militia Districts shall comprise one commissioner district. Commissioner districts. Each of said commissioner districts shall be entitled to one member on said board of commissioners of roads

Page 2273

and revenues, said board to consist of six members rather than five members. The powers and duties of each and every commissioner shall be coextensive with the entire limits of said County of Appling. Section 9. Be it further enacted that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that shall not affect or destroy the validity or constitutionality of any part, section, provision or clause of this Act which is not in and of itself unconstitutional and invalid, and the remaining portions of this Act shall be enforced. Section 10. Be it further enacted that this Act shall become effective and operative immediately upon its passage and approval. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Exhibit A. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1955 session of the General Assembly of Georgia a local bill to provide for the creation of six commissioner districts for Appling County, Georgia; to provide for the addition of one member to the Board of Commissioners of Roads and Revenues for Appling County, Georgia, so that said board shall consist of six members rather than five, and to provide for the election and term of office, salary, power and duties of said member so added; to provide for the election of each of said members of said new board of six commissioners from their respective six commissioner districts by the voters of each member's respective commissioner district rather than by the voters of Appling County as a whole; to provide for the term of office, powers and duties of said six-member board; to provide for a chairman and clerk

Page 2274

of said board and define their powers and duties and fix the salaries of said members of said board, chairman and clerk. This 16th day of December, 1954. W. C. Parker Representative, Appling County, Georgia. 12/16-23-30 Georgia, Appling County. Personally appeared before the undersigned a notary public in and for said State and county, and a officer duly authorized and empowered to administer oaths, Albert S. Jenkins who first being duly sworn on oath certifies and says that he is the publisher of Baxley News Banner, the newspaper published in the City of Baxley, Appling County, Georgia, in which the sheriff's advertisements for said County of Appling are published said newspaper being the official organ of said county and that the foregoing above and attached notice was published in said newspaper once a week for three weeks, said notice being published on December 9, 1954, December 16, 1954, December 23, 1954. /s/ Albert S. Jenkins. Sworn to and subscribed before me, this the 10th day of January, 1955. /s/ W. C. Padgett Notary Public, Georgia, State at Large. (Seal). Approved February 8, 1955.

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FULTON COUNTY FIRE PREVENTION SYSTEMAMENDMENTS. No. 75 (House Bill No. 86). An Act to amend an Act entitled An Act to establish a method for fire prevention systems in the unincorporated portions of Fulton County.... and for other purposes (Ga. Laws 1951, p. 3068) so as to provide that Fulton County may establish and operate, under the supervision of the Chief of the Fire Department of the City of Atlanta not more than two fire stations in the unincorporated areas; to provide limitations and restrictions on such authority; 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 entitled An Act to establish a method for fire prevention systems in the unincorporated portions of Fulton County... (Ga. Law 1951, p. 3068) be and the same is hereby amended as follows: Section 1. By adding a new paragraph to be known as Section 6 (b) as follows: Section 6 (b). Nothing herein shall be construed or applied to prevent Fulton County from establishing not more than two fire stations for the protection of lives and property against fire in the unincorporated areas of Fulton County. One of such stations shall be located in the unincorporated area north of the limits of the City of Atlanta and one of such stations shall be located in the unincorporated area south, southwest or west of the city limits of College Park, East Point and Atlanta (the city limits of said respective municipalities being the northern-most point of the unincorporated area in south Fulton County). In each station the personnel employed shall be limited to one full-time employee at any time and the total expenditure for equipment, supplies and salaries shall be limited to the sum of twenty-two thousand ($22,000.) dollars per annum, that is to say, eleven

Page 2276

thousand ($11,000.) dollars per annum for each of said stations, provided, however such limitation shall not apply to the expenditure of any bond funds for capital purposes or to the expenditure of any sums raised by taxation upon the district benefited by the erection and maintenance of a fire station, or to the expenditure of any funds contributed or donated by any person, firm or corporation for such purposes, or to the expenditure of any funds received under contract by Fulton County for furnishing fire service to any person, firm or corporation within the unincorporated areas, all of such expenditure being authorized in addition to limitation from general funds which Fulton County is authorized to expend under the provisions of this Act. Fire stations in unincorporated areas. The operation and maintenance and of both equipment and personnel shall be under the supervision of the Chief of the Fire Department of the City of Atlanta, who shall set standards and procedure, supervise personnel and performance, assign duties, inspect all operations and equipment and personnel and generally have charge of and supervise the maintenance and operation of said fire prevention and protection facilities. In addition to the foregoing powers, but subject to the same limitation as to expenditure, Fulton County shall have the authority to recruit and train volunteer firemen and personnel in connection with the two stations authorized in this Act and to accept the voluntary services of such persons, and all contributions from any source, and to integrate same with the regular personnel and services provided herein to provide the maximum protection to lives and property in the unincorporated areas of Fulton County. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton.

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Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 6, 13, 20, 27th days of Dec., 1954, and on the 3rd, 10th days of January 1955 As provided by law. /s/ Bessie K. Crowell. Subscribed and sworn to before me, this 12th day of January, 1955. /s/ Maiodis Fowler. Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January, 1955) session of the General Assembly of Georgia for an amendment to the legislation known as Fulton County Fire Prevention System (Ga. Laws 1951, p. 3068). In such amendment all pertinent matters may be included. This December 1, 1954. Harold Sheats, County Attorney, Fulton County. Dec 6 13 20 tfn. Approved February 8, 1955.

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AUGUSTA CHARTER AMENDED. No. 77 (House Bill No. 78). An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, especially the Act designated Augusta Officers and EmployeesTenure, approved December 31, 1937 (Ga. Laws extra session 1937-1938, pp. 938-943) by repealing the Act entitled Augusta City Attorney, approved February 19, 1941 (Ga. Laws, 1941, pp. 1071-1072), and by repealing so much of the Act designated Augusta Employees' Pension Fund, approved February 28, 1945 (Ga. Laws, 1945, pp. 813-829), as ratifies and confirms the Augusta City Attorney as a permanent employee so as to exclude the City Attorney of Augusta from the provisions of the above Act designated Augusta Officers and EmployeesTenure and from the provisions of the above Act designated Augusta Employees' Pension Fund; and from the provisions of the Act entitled Augusta Retirement System, approved February 25, 1949 (Ga. Laws, 1949, pp. 1070-1079); to repeal all Acts and parts of Acts in conflict herewith except as their provisions relate to anyone already a permanent employee and entitled to pension benefits; 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 designated Augusta Officers and EmployeesTenure and entitled An Act to amend an Act granting a charter to the City of Augusta, incorporating it as the City Council of Augusta (Ga. Laws 1798) approved January 31, 1798 and the several Acts amendatory thereof so as to provide for the permanent tenure for certain officers and employees of the City Council of Augusta; to exempt certain officers and employees from the operation of this Act; to provide for rules of probation of present and future officers and employees

Page 2279

affected by this Act; to provide that certain present employees and officers, on the conditions and at the time herein fixed, shall become permanent employees under the terms of this Act; to provide terms of employment; to provide rules and regulations for such employees and officers; to provide a manner of terminating such permanent employment; to authorize the City Council of Augusta to adopt certain rules and regulations relevant to such employees and officers hereunder, and for other purposes., approved December 31, 1937 (Ga. Laws, Extra Session, 1937-1938, pp. 938-943), be, and the same is hereby amended by repealing the Act designated Augusta City Attorney, approved February 19, 1941 (Ga. Laws, 1941, pp. 1071-1072), so as to exclude the City Attorney of Augusta from the provisions of the above Act designated Augusta Officers and EmployeesTenure. City attorney excluded from provisions of certain Acts. Section 2. That so much of the Act designated Augusta Employees Pension Fund, approved February 28, 1945 (Ga. Laws, 1945, pp. 813-829) as ratifies and confirms the Augusta City Attorney as a permanent employee, be, and the same is hereby repealed so as to exclude the City Attorney of Augusta from the provisions of said Act. Section 3. The City Attorney of Augusta hereafter shall be excluded from the provisions of the Act designated Augusta Retirement System, approved February 25, 1949. (Ga. Laws, 1949, pp. 1070-1079). Section 4. This Act shall not relate to or affect anyone already a permanent employee and entitled to pension benefits under any of the above designated Acts. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of Publication. State of Georgia, Richmond County.

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Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for the Augusta Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local Legislation: Augusta Employees' Pension Fund duly appeared in said newspaper on the following dates to wit: December-30-1954-January-6-13-1955. /s/ Jack E. Webb. Sworn to and subscribed before me, this 13th day of January, 1955. /s/ Geo. M. Peters, Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. Notarial Seal Affixed. Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1955 session of the General Assembly of Georgia: An Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, especially the Act designated Augusta Officers and EmployeesTenure approved December 31, 1937 (Ga. Laws Extra Session 1937-1938, pp. 938-943) by repealing the Act entitled Augusta City Attorney, approved February 19, 1941 (Ga. Laws, 1941, pp. 1071-1072), and by repealing so much of the Act designated Augusta Employees' Pension Fund, approved February 28, 1945 (Ga. Laws, 1945, pp. 813-829), as ratifies and confirms the Augusta City Attorney as a permanent employee so as to exclude the City Attorney of Augusta from the provisions of the above Act designated Augusta Officers and EmployeesTenure and from the provisions of the above Act

Page 2281

designated Augusta Employees' Pension Fund: and from the provisions of the Act entitled Augusta Retirement System approved February 25, 1949 (Ga. Laws, 1949, pp. 1070-1079); to repeal all Acts and parts of Acts in conflict herewith except as their provisions relate to anyone already a permanent employee and entitled to pension benefits: and for other purposes. R. Lee Chambers, III W. W. Holley Carl E. Sanders, Members General Assembly of Georgia. Dec. 30; Jan. 6, 13. /s/ R. Lee Chambers /s/ Carl E. Sanders /s/ W. W. Holley Members General Assembly of Georgia. Approved February 8, 1955. MILLER COUNTYVOTING MACHINES. No. 79 (House Bill No. 75). An Act to provide for the use of voting machines, for casting, registering and recording and computing ballots or votes in all elections including primaries and municipal elections in the County of Miller; prescribing regulations with reference to the adoption, requirements, purchase, leasing, renting, installation, preparation, custody and demonstration of use of voting machines; providing rules and regulations for the conduct of elections held with voting machines, prescribing the qualifications, number and duties of election officers in election districts or precincts in which voting machines are used; providing for the experimental use of voting machines; placing duties upon County Commissioners of Miller County for the purchase, lease

Page 2282

or rental of voting machines and payment therefor, and expenses incidental to the use of such machines; providing penalties for violation of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That at all elections hereafter held in Miller County whether regular, special, primary, municipal, or other elections held in Miller County or any election held for the purpose of determining any question or matter which may be submitted to and referred to the vote of the people of any such county, or any part thereof, ballots or votes shall be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act as hereinafter provided, also at any and all other elections hereafter held in any such county, or in any part thereof, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act. Voting machines authorized. Section 2. That the county commissioners shall at any regular meeting or at a special meeting called for the purpose, by a majority vote, adopt, purchase, authorize, lease or otherwise procure and provide for the use of, any voting machines meeting the requirements of this Act as hereinafter provided, in all voting precincts within said county; and thereafter said machines and any requisite number of same may be used for voting at all primaries and elections for public officers and at all regular, special and other elections held by or under the authority of Miller County, and at any general and all other elections hereafter held in any such county, or in any part thereof, and for receiving, registering, recording and counting the votes of the electors in such election district or districts, precinct or precincts such county commissioners or other governing authority shall direct. Section 3. That no voting machine shall be adopted or used unless it shall, at all times, satisfy the following requirements: It shall afford each elector an opprotunity

Page 2283

to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation; and, in one operation, to vote for all candidates of one party for presidential electors, and in one operation, to vote for all the candidates of one party for every office to be voted for except those offices as to which he voted for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties, from independent nominations, and from persons not in nomination; that is to enable each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot-label as a candidate for nomination or election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote, it shall preclude each voter from voting any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; it shall be capable of adjustment by election officers, so as to permit each voter at a primary election to vote for the candidates for non-partisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled; it shall permit each voter to deposit, write in, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; it shall permit each voter to change his vote for any candidate, or upon any question appearing upon the ballot-labels, up to the time he begins the final operation to register his vote; it shall not only secure the voter absolute secrecy in

Page 2284

the act of voting as hereinbefore provided but it shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save a voter whom he has assisted or is assting in voting as prescribed by law; it shall have voting devices for separate candidates and questions, which shall be arranged in separate rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party; and shall have parallel office columns or rows transverse thereto; it shall be so constructed that votes may be cast thereon for constitutional amendments or any other public measure or question; it shall have a counter, or other device, the register of which is visible from the outside of the machine, which shall show during the period of voting the total number of voters who have operated the machine during said period of voting; it shall have protective counter, or other device, which shall record the cumulative total number of movements of the operating mechanism; it shall be provided with a lock or locks, by the use of which immediately after the polls are closed, or the operation of the machine for an election is completed, so that all movements of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain, which shall conceal the actions of the voter while voting; it shall be constructed of material of good quality, in a neat and workmanlike manner; it shall, when properly operated, register, or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it; it shall be safely transportable; it shall be so constructed and controlled, that during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate; and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Specifications of machines. Section 4. That the authorities of Miller County may provide for the experimental use at any election or elections, of a machine which they might lawfully adopt, without a formal adoption thereof, and such use at such

Page 2285

election shall be as valid for all purposes as if it had been lawfully adopted; such use may be in one or more election precincts of any county hereinabove referred to. Experimental use. Section 5. That the county commissioners on the adoption and lease or purchase of voting machine or machines may provide for the payment therefor in such manner as may be deemed for the best interests of the county. They may for that purpose make leases, contracts or any other legal obligation which shall be a charge on the county. Payment for machines. Section 6. Whenever any election of any kind is held in Miller County voting machines shall be used in lieu of ballots. Section 7. The Miller County Commissioners shall provide machines for all precincts where the same are to be used, in complete working order, and shall preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the polling places when not in use at an election. The Miller County Commissioners shall provide two voting machines for use in the 903 District G. M. Section 8. The exterior of the voting machines and every part of the voting or polling place, shall be in plain view of the election watchers and officers. The voting machines shall be located at the voting or polling place in such position, that, unless its construction shall require otherwise, the ballot-labels on the face of the machines can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or commissioners shall not themselves be, nor allow any other person to be, in any position that will permit one to see, or ascertain how a voter votes, or how he has voted. No voter shall be permitted to occupy the voting machine more than two minutes if other voters are waiting to use. The election managers, or one of them, shall inspect the face of the machine at frequent intervals, to see that the ballot-labels are in their proper places, and that the machine has not been injured or

Page 2286

tampered with. During an election, the door, or other covering of the compartment containing the counters of the machine or counting device shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signature of the election managers or except upon the written order of the local authorities for good and sufficient reason which shall be stated in order; the ordinary of the county shall appoint a custodian for the machines. Provisions as to use. Section 9. That during the thirty days next preceding an election or primary the commissioners shall place on public exhibition, in such places and at such times as they deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot-labels, and showing the offices and question to be voted upon, the names and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in an election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the election. During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and then only upon written authorization from the local authorities. Public instruction in use of machines. Section 10. That any voter who may state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, he is unable to use the voting machine, may upon request have assistance in voting as provided in Section 34-3201 of the Code of Georgia of 1933. Aid to certain voters. Section 11. That in any election district or precinct in which voting machines are provided any voter, but only when required by his regular business and habitual

Page 2287

duties to be absent from the county, city, district or precinct in which he is registered, may vote by complying with the provisions of the law of this State as contained in the Acts of the General Assembly of 1924, page 186, et. seq. Absentee voting. Section 12. That in any election district or precinct of Miller County where voting machines are provided the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statement of the proposed constitutional amendment or other question or proposition to be voted on shall be known as ballot-label. The ballot-label shall be supplied by the official or officials charged by law with providing materials for the holding of an election or elections, and shall be printed in black ink on clear white material of such size as will fit the machine and in plain, clear type, as large as the space will reasonably permit. The party name or designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for office arranged transversely under or opposite the title of the office. The names of all candidates nominated or seeking nomination by a political party in accordance with law, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election, shall be determined by the ordinary of the county, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangements of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling-places, who shall procure such further copies of the same, as may be necessary, at the cost of the county. In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties. In any primary on which voting machines shall be used in one or more

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voting precincts, the name of any unopposed candidate for nomination for any office may be omitted from the ballot used in any such voting machine, and such unopposed candidate shall be declared to have received the total number of votes cast in such voting precinct. Ballot-Labels. Section 13. The officer or officers charged with the duty of providing ballots and ballot-labels for any voting or polling place shall provide therefor the following: (a) A lantern, or a proper substitute for one, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. Light. (b) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagram shall be posted prominently outside the enclosed space within the voting or polling place. Sample ballots. (c) Prior to any election, the officer or officers aforementioned may cause copies of diagrams, explaining machine voting to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. Section 14. The requisite number of ballot-labels for use in the voting machine or voting machines shall be provided for each polling place for each election district or precinct by the officer or officers now charged by law with furnishing such election districts or precincts with ballots; in such manner shall be furnished also all other necessary material for the use of voting machines, in the case of all elections, the said officer or officers who are charged hereby with the duty of preparing the machines for conducting an election shall notify, as far in advance thereof as practicable, the respective chairman

Page 2289

man of the county executive committees, or other body or bodies having similar duties thereto, of the political parties, of the intended preparation of such machines for voting. The same officer or officers first referred to in this section shall, before the day of election, cause the proper ballot-label to be put upon each machine corresponding with the sample ballot-label herein provided for, and the machine or machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling place. And the same officers shall cause the machine or machines so labeled in order, set and adjusted to be delivered at the voting or polling place, together with all necessary furniture and appliances that go with the same, in the room where the election is to be held in the precinct, not later than 6 o'clock P. M. of the day preceding the election. On the morning of the election managers shall meet in the said room before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters (except protective counters) are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said officer or officers charged in this Act with the duty of preparation of such machine shall be notified immediately; after provision shall have been made for the use of a machine or machines as will enable the managers of the election to properly conduct the same or by the use of written or printed ballots the election shall proceed. Preparation of machines for election. (a) The election officers or board in such district or precinct in which a voting machine or voting machines are used shall consist of three superintendents or managers, who shall be appointed by the ordinary of the county in elections and by the executive committee in primaries; provided, that nothing herein shall be construed to hinder or prevent any one or more of said appointees

Page 2290

of the ordinary from acting as manager or managers, should they be present at the polling place, supplying the number of managers required as herein provided from any of the freeholders as aforesaid. Persons who cannot read and write shall not be competent to serve as managers of election. The oath to be taken by such election managers and the form thereof and before whom to be taken shall be as prescribed in Sections 34-1202-1203 of Code of 1933 of Georgia. When more than one machine is used in any election district or precinct there shall be one additional manager for each additional machine more than one. In the case of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by Section 34-3201 of Code of 1933 of Georgia. The managers of election shall, upon notice from the ordinary, attend any meeting or meetings called for their instruction and receive such instruction as shall be necessary for the proper conduct of the elections with the machine or machines. No manager of election shall serve in any election at which a voting machine or machines are used, unless he shall have received such instructions and is fully qualified to perform his duties in connection with the machine; provided, however, that this shall not prevent the appointment or serving of a manager of election, to fill a vacancy arising on the day of election. The compensation of said managers of election shall be as prescribed by Section 34-1303, Subsection 13, of the Code of 1933 of Georgia. Managers. Section 15. The ballots voted for any person whose name does not appear on the ballot-label on the machine as candidate for officer are herein referred to as writein ballots. Such write-in ballot shall be deposited, written or affixed in or upon the receptacle or device provided for that purpose. Write-in ballots. Section 16. As soon as the polls are closed, the voting machine or machines shall be locked against voting and the registering compartment opened in the presence of all the members of the election board of managers or superintendents or other persons who may be lawfully within the room, giving full view of the registering counters

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and one of said election managers announcing in distinct tones the votes cast for each candidate and for and against the various constitutional amendments, questions or other propositions. Ascertainment of results. Section 17. That the election managers shall then ascertain the number of votes which the candidates have received both on the machine and by the voting of irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the officers as their titles are arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall make him sign a written certificate showing the result of the election. The transmission and delivery of said certificates by the managers of such election districts and all other papers of the election for the purpose of consolidation, also the consolidation, the certifying and returns thereof, shall all be in compliance with the laws in force pertaining to election. When write-in ballots have been voted they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. The written certificate so made, after having been properly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity shall be given to compare the results so certified with the registering counters of the machine or machines. After such comparison and correction, if any is made, the election managers shall then close the registering compartment and lock the same. Thereafter the machine or machines shall remain locked and sealed for a period of at least thirty days: Provided however, that should the use of same be required at any election to be held within said thirty day period, the machine or machines may be opened at least ten days prior to the date of such subsequent election; Provided, further, that same may be opened at any time upon order of a court of competent jurisdiction. Returns.

Page 2292

Section 18. That if a method of election for any candidate or offices or of voting on constitutional amendments or other question or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or in case at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable at one or more precincts or districts, or if for any reason, at any election the use of voting machines wholly or in part is not possible or practicable, the officer or officers now charged by law with furnishing such election districts or precincts with paper ballots may arrange to have the voting for any or all candidates or offices or on any or all constitutional amendments, questions or proposition at such precincts or districts conducted by paper ballots. In such cases, ballots shall be printed for such candidates or offices, or for such constitutional amendments, questions or propositions, and the election conducted by the election officers as herein made in the manner required by law for such candidates or offices or for such constitutional amendments, questions, or propositions, in so far as paper ballots are used. When machines not used. Section 19. That when the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of election shall properly deliver to the ordinary or his duly authorized representative the keys of the machine or machines enclosed in a sealed envelope. Keys. Section 20. The Board of Commissioners of Miller County shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the counting of the votes cast at any election, the local authorities shall have the machine or machines removed to the place of a storage provided for in this section. Custody of machines when not in use.

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Section 21. The list of offices and candidates, and the statements of questions on the voting machine shall be deemed an official ballot. And that as used in this Act: 1. The words ballot-labels shall mean the cards, paper, or material, containing the names of offices and candidates and statements of questions to be voted on; 2. The word diagram shall mean an illustration of the official ballot, when placed upon the machine, showing the names of the parties, offices, and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot; Definitions. 3. The word question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election; 4. The words write-in-ballot shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot-labels; 5. The words registering counter shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively; 6. The words public counter shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election; 7. The words protective counter shall mean a counter or protective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated except by operating the machine; 8. The word custodian shall mean the person charged with the duty of testing and preparing the voting

Page 2294

machine for the election and instructing the election officers in the use of the voting machine; 9. The words election and elections, whenever used in this Act, shall be held to include and mean all regular, special primary or other elections held in Miller County, also any general and other elections hereafter held in any such county, or in any part thereof; 10. The words registering compartment shall mean that part of the voting machines containing the registering counters. Section 22. That any election officer, manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or injure, or attempt to injure any voting machine to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used or being used in an election, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to undergo imprisonment for not more than one year or to pay a fine not exceeding one thousand dollars ($1,000.00), or both, in the discretion of the court. Violations. Section 23. That, except as modified by the provisions of this Act, the general laws regulating general, regular, special, primary, municipal and other elections, where not inconsistent with this Act, shall apply to all such elections held in Miller County. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the election district or districts, precinct or precincts, in which an election is to be conducted by the use of such machine or machines. General laws. Section 24. If any part of this Act shall be declared unconstitutional, the remaining portions of this Act shall be given full force and effect.

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Section 25. This Act shall be effective 60 days after approval. Section 26. 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 a bill to require the use of voting machines in all Miller County elections, both primaries and general elections; to require the county commissioners to purchase such voting machines and to pay for such voting machines out of the general treasury of the county; to provide a date on which the provisions of said bill shall be effective; to repeal all conflicting laws and for other purposes. This 14th day of December, 1954. Lovette Dozier. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lovett R. Dozier, 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: December 17, 24 and 31, 1954. /s/ Lovette R. Dozier, Representative, Miller County. Sworn to and subscribed before me, this 17 day of Jan., 1955. /s/ Frank H. Edwards, Notary Public

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Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal). Approved February 9, 1955. SAVANNAH CIVIL SERVICE SYSTEMAMENDMENTS. No. 81 (Senate Bill No. 28). An Act to amend charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto: incorporating the Mayor and Aldermen of the City of Savannah relating to the Savannah civil service system incorporated in the Georgia Laws of 1949, pp. 548-564 by changing the qualifications of the City of Savannah Civil Service Board: the terms of appointment of same: changing the notice of advertising for examinations: reducing the time of residential requirement: and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act creating the Savannah civil service system approved February 14th, 1949, and incorporated in the Georgia Laws of 1949, pp. 548-564 be and the same is hereby amended as follows: Section 1. Subparagraph one (1) of Section 3 of said Act be and the same is hereby amended by striking said Subparagraph one (1) in its entirety and by substituting a new subparagraph in lieu thereof, which new subparagraph shall read as follows: Section 3. Appointment, removal, compensation and duties of the civil service board. (1) There is hereby created and established the City of Savannah Civil Service Board which shall consist of three members of known

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sympathy to the merit system. One member shall be from the labor group. Another member shall be from the business group. The third member shall be from the professional group. No person shall be appointed to the board who is not a citizen of the United States and a resident of Savannah for at least five years preceding such appointment. All of said members shall be appointed to the board by the mayor subject to the approval of the board of aldermen. It shall be and is hereby made the duty of the Mayor and Aldermen of the City of Savannah to appropriate annually a sufficient sum of money to enable the Civil Service Board of the City of Savannah to properly carry out the purposes of this Act. One of the three members so appointed shall be designated by the mayor at the time of appointment to hold office for a term of two years, one of said members shall be designated to hold office for a term of four years, and one shall be designated to hold office for a term of six years. Thereafter all appointments shall be for a term of six years and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their number as chairman of the board. Two members shall constitute a quorum for the conduct of business. Vacancies in the office of said board created by death, resignation, or otherwise, shall be filled by appointment of the Mayor of the City of Savannah for the unexpired term subject to approval by the board of aldermen. No member shall hold any lucrative office or employment under the United States Government, the City of Savannah or any county government. There is excepted, however, the office of notary public, or an office in the military forces. Civil service board, appointment, duties, etc. Section 2. Subparagraph Three (3) of Section 3 is hereby amended by striking from lines 3 and 4 of said subparagraph the word twenty-four and inserting in lieu thereof the word twenty-five so when amended said subparagraph shall read as follows: (3) The members of the board shall be paid at the rate of ten dollars per diem for time actually devoted to the business of the board, but no member shall be paid

Page 2298

for more than twenty-five days of service in any one year. Per diem. Section 3. Subparagraph (1) of Section 4 is hereby amended by striking said Subparagraph One (1) in its entirety and inserting in lieu thereof a new subparagraph to read as follows: (1) The city manager shall appoint a personnel director. Such director shall be a person competent, trained and experienced in the field of personnel administration and thoroughly in sympathy with the application of the merit system. Section 4. Subparagraph Three (3) of Section 4 is hereby amended by striking said Subparagraph (3) in its entirety and substituting in lieu thereof a new Subparagraph (3) to read as follows: His tenure. (3) The director shall hold office during his good behaviour but shall be subject to appointment and removal by the city manager. Section 5. Subparagraph (f) of Paragraph (5) of Section (4) is hereby amended by striking said Subparagraph (f) in its entirety and substituting in lieu thereof a new subparagraph to read as follows: (f) To maintain, subject to the approval of the city manager, a classification plan based on the duties, authority, and responsibility of positions. Classification plan. Section 6. Subparagraph (g) of Paragraph (5) of Section 4 is hereby amended by striking said Subparagraph (g) in its entirety and substituting in lieu thereof a new Subparagraph (g) to read as follows: (g) To make such investigations pertaining to personnel, salary scales, and employment conditions in the city as he may deem necessary and as may be requested by the board or the city manager. Investigations.

Page 2299

Section 7. Subparagraph (i) of Paragraph (5) of Section 4 is hereby amended by striking said Subparagraph (i) in its entirety and substituting in lieu thereof a new Subparagraph (i) to read as follows: (i) To make an annual report to the board and to the city manager. Reports. Section 8. Immediately following Section 4 of said Act a new section known as Section 4A is hereby added. Said section to read as follows: Section 4A. Classification. (a) The personnel Director shall prepare and maintain an up-to-date record of the duties and responsibilities of each position in the classified service. The classification plan, when approved by the city manager, shall be submitted by the city manager to the mayor and aldermen and such plan shall take effect when adopted by the mayor and aldermen. Classification. (b) After the adoption of the classification plan, the personnel director shall, with the approval of the city manager, allocate each position in the classified service to the appropriate class therein on the basis of its duties and responsibilities. Thereafter, as new positions are created or existing classes are divided, combined, altered or abolished, the director shall, with the approval of the city manager, make such allocations of positions as are necessitated thereby. (c) Following the adoption of the classification plan and the allocation to classes therein of positions, the class titles set forth therein shall be used to designate such positions in all officials records, documents, vouchers, payrolls, and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been approved by the director as appropriate to the duties to be performed. Section 9. Section 8 of said Act is hereby amended by adding the following words qualified by the civil

Page 2300

service rules after the word person in line 22 of said section; so that said section when amended shall read as follows: Section 8. Certification and appointment. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the director a statement of the duties of the position and a request that the director certify to him the names of persons eligible for appointment to the position. The director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person qualified by the civil service rules. In the event that there does not exist any eligible register which the director deems to be appropriate for the class on which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing authority that eligibles be certified. whenever an eligible has been certified to, and rejected by, appointing authorities three times, the director after investigation may with the approval of the board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of six months, but the director and the appointing authority may extend such probationary period to one

Page 2301

year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the director shall be notified in writing that he will not receive permanent appointment, otherwie retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Certification and appointment. Section 10. Section 10 of said Act is hereby amended by striking the words City of Savannah from line 10 of said section and inserting in lieu thereof the words Chatham County and by striking the words once a week for two weeks from lines 16 and 17 of said section and inserting in lieu thereof the words twice for one week so that said section when amended shall read as follows: Section 10. Examinations. Each eligible register shall consist of a list of all the persons who have shown by competitive examinations that they possess the qualifications which entitled them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The examinations must take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be oral or written. Such examinations shall be competitive, free and open to all persons, citizens of Chatham County, who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health, habits, characters and other qualifications as may be considered desirable by the director and specified in the public announcement of the examination. Notice of the time, place and general scope of every test, shall be given by the board by advertising twice for one week preceding the examination in a newspaper of general circulation published in the City of Savannah. Competitive examinations to determine the qualifications of persons who seek employment as ordinary unskilled laborers shall not be required. The board shall designate a class to be known as the labor class which shall include all ordinary unskilled laborers. All

Page 2302

other matters pertaining to ordinary unskilled laborers shall be governed by this Act. Examinations. Section 11. Section 21 of said Act is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section which new section shall read as follows: Section 21. Residence. Positions in the classified service shall be filled by citizens of Chatham County, who have been residents of Chatham County for at least six months immediately preceding the date of examination. In the discretion of the board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Chatham County cannot be obtained, or the work to be done requires residence outside of the limits of Chatham County. Removal of residence outside of the county limits may be grounds for removal unless permission to remove is granted by the board and approved by the aldermen. Residence requirements. Section 12. General repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Section 13. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. Affidavit. State of Georgia, County of Chatham. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Owen H. Page, Jr., who upon oath deposes and says that the clipping attached hereto entitled, Notice of intention to apply for local legislation, has been published once a week for three weeks, in the regular issues of December 22, December 28, 1954, and January 4, 1955, in the Savannah Evening Press, a public gazette

Page 2303

published daily in the City of Savannah and of general circulation in Chatham County, Georgia; in which the sheriff's advertisements for the locality affected are published; and said notice has been published once a week for three weeks, as provided by law. /s/ Owen H. Page, Jr. Sworn to and subscribed before me, this 4th day of January, 1955. /s/ Mildred Whitfield, Notary Public, Chatham County, Georgia. Notary Public, Georgia, State at Large. My commission expires Mar. 15, 1958. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply for local legislation at the next regular session of the General Assembly of Georgia which meets on the second Monday in January, 1955, to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, Georgia, and the other Acts amendatory thereto incorporating the Mayor and Aldermen relative to the amendment of the civil service Act providing for a change in the qualifications for membership upon the civil service board; changing advertising of examinations; reducing residential requirements; and for other purposes. Owen H. Page, Jr., Senator-Elect First Senatorial District. Frank S. Cheatham, Representative-Elect John W. Sognier, Representative-Elect Edgar P. Eyler, Representative-Elect Approved February 11, 1955.

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LAW BOOKS TO CHATHAM SUPERIOR COURT. No. 9 (Senate Resolution No. 9). A Resolution. Authorizing the State Library to furnish to the Second Division of the Superior Court of Chatham County, without cost, a complete set of Georgia Supreme Court Reports and Court of Appeals Reports and Annotated Code of Georgia. Whereas, by Act approved December 21, 1953, the General Assembly of the State of Georgia provided for an additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia; and, Whereas, for the efficient operation of the Superior Court of the Eastern Judicial Circuit of Georgia, it is necessary that a complete set of the Supreme Court Reports of Georgia, and a complete set of the Court of Appeals Reports, and of the Annotated Code of Georgia, be furnished Chatham County for the use of said court; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be authorized and directed to furnish to the Superior Court of the Eastern Judicial Circuit of Georgia (Chatham County, Georgia) for the use of its library without cost to said county, except for the cost of packing and transportation, a complete set of the Supreme Court Reports, and a complete set of the Court of Appeals Reports, and a set of Georgia Code Annotated, Volumes No. 1 through No. 34, inclusive, with current pocket parts, and supplementary volumes thereto. If for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State treasury for the amount required for such books, provided funds are available for this purpose. Approved February 7, 1955.

Page 2305

LAW BOOKS TO MARION SUPERIOR COURT. No. 12 (House Resolution No. 29-83e). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Marion County, without cost to said county, certain law books; and for other purposes. Whereas, there are missing from the library of the Superior Court of Marion County certain law books, and Whereas, the business of said court is hampered and delayed because of the lack of such books, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Superior Court of Marion County, without cost to said county, the following law books: Georgia Supreme Court Reports Numbers 1, 2, 3, 7, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 32, 33, 34, 35, 39, 41, 55, 58, 60, 64, 65, 68, 70, 71, 75, 85, 86, 112 and 143. Be it further resolved that if for any reason the State Librarian cannot furnish the above books, the Governor is hereby authorized to draw his warrant for the amount required for the same, provided said funds are available from any unappropriated funds. Approved February 8, 1955.

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LAW BOOKS TO ORDINARY OF CLINCH COUNTY. No. 15 (House Resolutions No. 51-193b). A Resolution. Authorizing and directing the State Librarian to furnish certain books to the Ordinary of Clinch County; and for other purposes. Whereas, certain volumes of the Georgia Reports and the Georgia Appeals Reports are missing from the Ordinary's office of Clinch County; and Whereas, the ordinary's office does not have an Annotated Code of Georgia; and Whereas, such books are necessary for the ordinary to transact the business of his court and that of the county and of the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Clinch County the volumes of the Georgia Reports and the Georgia Appeals Reports listed below, and an up-to-date Annotated Code of Georgia, without cost to the ordinary or to the county, except for the payment of packing and transportation charges, if any, which shall be paid by Clinch County: Georgia Reports: Volumes 4, 9, 10, 21, 34, 44, 48, 53, 54, 56, 58, 60, 61, 70, 71, 77, 79, 80, 81, 82, 83, 91, 94, 96, 99, 101, 118, 119, 130, 149, 175, and 176. Annotated Code of Georgia. Georgia Appeals Reports: Volumes 1, 12, 13, 46, and 5. Be it further resolved that if for any reason the State Librarian cannot furnish any of the books above

Page 2307

specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided such funds are available from any unappropriated funds. Approved February 8, 1955. LAW BOOKS TO ORDINARY OF MERIWETHER COUNTY. No. 16 (House Resolution No. 53-193d). A Resolution. To furnish the Court of Ordinary of Meriwether County certain law books; and for other purposes. Whereas, certain law books of the Court of Ordinary of Meriwether County have been lost or destroyed; and Whereas, such books are necessary for said court of ordinary to transact its business and that of this State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Meriwether County, the following volumes to wit: Volumes 13, 24, 25, 48 of the Georgia Appeals Reports, and Volumes 6, 7, 20, 28, 29, 30, 33, 38, 41, 55, 89, 93, 98, 113, 145, 149, 152, and 157 of the Georgia Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required for same provided funds are available for this purpose. Approved February 8, 1955.

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LAW BOOKS TO ORDINARY OF DOUGHERTY COUNTY. No. 17 (House Resolution No. 27-83c). A Resolution. To provide the Court of Ordinary of Dougherty County certain enumerated law books. Whereas, certain volumes of the Georgia Reports and Georgia Appeals Reports belonging to Dougherty County have been lost or destroyed; and Whereas, such books so lost or destroyed are necessary for the Court of Ordinary of Dougherty County to 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 Ordinary of Dougherty County, without cost, the following volumes, to wit: Volumes 3, 5, 8, 9, 12, 13, 14, 15, 18, 19, 20, 21, 24, 25, 26, 33, 44, 58, 59, 60, 62, 63, 71, 73, 78, 89, 90, 127, 128, 130, 131, 134, 141, 146 and 157 of the Georgia Reports, and Volumes 1, 2, 4, 10, 12, 13, 14, 16, 25, 26, 27, 31, 72, 77, 78, 79, 80, 82 and 84 of the Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the volumes 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 from any unappropriated funds. Approved February 8, 1955.

Page 2309

HON. J. W. WOODRUFF, SR., COMMENDED. No. 20 (House Resolution No. 122). A Resolution. To commend Honorable J. W. Woodruff, Sr., for meritorious services rendered this State. Whereas, Honorable J. W. Woodruff, Sr. of Columbus, Georgia has rendered services of great value and benefit to this State; in advocating and procuring flood control projects; and Whereas, his efforts have ever been to improve and conserve the natural resources of this State; and Whereas, for many years, Honorable J. W. Woodruff, Sr. advocated the development and conservation of our streams and rivers; and Whereas, his services as Chairman of the Georgia Waterways Commission have been of immeasurable value to this State; and Whereas, this body desires to express its appreciation for the services he has rendered to this State; Now, therefore, be it resolved by the General Assembly that Honorable J. W. Woodruff, Sr., of Columbus, Georgia, be commended by a grateful citizenry for his untiring efforts and services on behalf of the State of Georgia. Be it further resolved that this resolution shall be spread upon the Journal of both the House and Senate, and that a copy of this resolution be sent to Honorable J. W. Woodruff, Sr. Approved February 8, 1955.

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LAW BOOKS TO DOUGHERTY SUPERIOR COURT. No. 21 (House Resolution No. 26-83b). A Resolution. To provide the Clerk of the Superior Court of Dougherty County certain enumerated law books. Whereas, certain volumes of the Georgia Reports and the Georgia Appeals Reports belonging to Dougherty County have been lost or destroyed; and Whereas, such books so lost or destroyed are necessary for the clerk of the superior court 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 Dougherty County, without cost to said county, the following volumes, to wit: Volumes 1, 4, 6, 7, 8, 9, 10, 13, 104, 157, 176, 207, and 209 of the Georgia Reports, and Volumes 12, 27, 31, 38, 43, 75, 76, 77, 78, 79, 80, 81, 82, 83 and 84 of the Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the volumes specified, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required for the same on any unappropriated funds in the State treasury, provided, said funds are available from any unappropriated funds. Approved February 8, 1955.

Page 2311

HONORABLE ROBERT TYRE JONES, JR., COMMENDED. No. 22 (House Resolution No. 79). A Resolution. Whereas, the City of Atlanta and the State of Georgia have had many illustrious sons, whose precepts and examples of sportsmanship and character have brought credit and renown to us all, and Whereas, there is now one amongst us, loved by men everywhere, and admired by those to whom his name is already legendary, and Whereas, this beloved citizen has been the greatest golfer of our time and has endeared himself to all the peoples of the world, and Whereas, it is only proper and fitting that he should know the esteem in which he is held by all the citizens of Georgia, Therefore be it resolved by this House of Representatives, the Senate concurring that the name of the Honorable Robert Tyre Jones, Jr., be enshrined in the history of our beloved State as their evidence of the love, admiration and respect that his fellow Georgians hold for him. Be it further resolved that this Resolution be spread upon the minutes of the Senate and the House of Representatives of Georgia, and that a copy of this Resolution be extended to the Honorable Robert Tyre Jones, Jr., accompanied by the best wishes of these bodies, for health and God speed to him in all his future endeavors. Approved February 8, 1955.

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LAW BOOKS TO ORDINARY OF MARION COUNTY. No. 23 (House Resolution No. 30-83f). A Resolution. To provide the Ordinary of Marion County, Georgia, certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports. Whereas, certain volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports belonging to the Ordinary of Marion County, Georgia, have been lost or destroyed; namely Georgia Supreme Court Reports Numbers 4, 5, 6, 7, 10, 19, 20, 25, 26, 27, 28, 29, 31, 38, 40, 42, 53, 56, 61, 62, 68, 70, 90, 91, 101, 109, 141, 142, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199, 200, 201, and 202; and Georgia Appeals Reports Numbers 1, 9, 28, 29, 41, 42, 56 and 57. 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 Marion County, Georgia, without cost to said county, the foregoing volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase and furnish said books to the Ordinary

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of Marion County, Georgia, as aforesaid, provided said funds are available from any unappropriated funds. Approved February 8, 1955. CHATTOOGA COUNTYPURCHASES AND CONTROL OF PROPERTY. No. 85 (House Bill No. 355). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Chattooga County approved March 18, 1933 (Ga. L. 1933, p. 439) as amended particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 605) and an Act approved March 26, 1947 (Ga. L. 1947, p. 832), so as to provide for the sale of county property by competitive sealed bids; to provide for the advertisement of bids; to provide for the retention of bids; to provide that it shall be unlawful for any member of the board or the clerk of the board or the warden of the public works camp 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 the purchase of any equipment, material, or supplies for the county; to provide that it shall be unlawful for any member of the board or the clerk of the board or the warden of the public works camp, or said other persons to sell or buy from certain persons; to provide for said purchases by sealed competitive bids; to provide for inventories of property, material, supplies and equipment of the public works camp; to provide for an audit; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act creating a Board of Commissioners of Roads and Revenue of Chattooga County approved

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March 18, 1933 (Ga. L. 1933, p. 439), as amended particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 605), and an Act approved March 26, 1947 (Ga. L. 1947, p. 832), is hereby amended by adding a new section to be known as Section 7 to read as follows: Section 7. It shall be unlawful for the board of commissioners or any member thereof or the clerk of the board or the warden of the public works camp to sell any county property, real or personal, except by competitive sealed bids after advertisement for such bids in the official organ of Chattooga County once a week for two consecutive weeks. Such advertisements shall give a complete description of the property being offered for sale. Such advertisement shall be placed with the official organ by the board. The highest of such bids submitted must be accepted. A file of all bids received shall be retained for a period of two years by the clerk of the board and shall be open to the public for inspection at any time within such two year period. Bids. Section 2. Said Act is further amended by adding a new section to be known as Section 8 to read as follows: Section 8. It shall be unlawful for any member of the board of commissioners or the clerk of the board or the warden of the public works camp 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 to the county. Financial interest in contracts. Section 3. Said Act is further amended by adding a new section to be known as Section 9 to read as follows: Section 9. It shall be unlawful for any member of the board or any person related to any member of the board within the first degree according to canon law, or the clerk of the board, or the warden of the public works camp, or any firm, partnership, or corporation in

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which any of such persons may be an officer or be employed or in which such person has a financial interest to buy from or sell to Chattooga County any article or thing of any kind whatsoever. Dealing with close relatives. Section 4. Said Act is further amended by adding a new section to be known as section 10 to read as follows: Section 10. All purchases in excess of fifty (50) dollars, including supplies, materials, equipment, road machinery, food and clothing, shall be made upon a sealed competitive bid, and to this end it shall be the duty of the said board thereof to prepare quarterly an estimate of the county's needs and requirements covering the next quarter and to have such estimate published in the official organ of the county, for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids and the letting of said contract. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened, and thereafter filed for two years in the office of the board of commissioners of roads and revenue for public inspection. The contract for said supplies, material, equipment, road machinery, food and clothing shall be purchased from said lowest bidder. Provided, that if, because of any loss, accident, emergency or cause not foreseen before the same arises, said county shall need to repair any road equipment or trucks, not at any time exceeding in cost two hundred fifty ($250) dollars, per truck, and one thousand ($1,000) dollars for heavy road equipment, the same may be repaired without advertising for bids for furnishing the same, but in every case, upon approval of the Chairman of the Board of Commissioners of Roads and Revenue of Chattooga County. The same shall be repaired as cheaply as possible under the circumstances and shall subsequently be approved by a majority of the board. Method of purchases.

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Section 5. Said Act is further amended by striking Section 11 A in its entirety and inserting in lieu thereof a new Section 11 A to read as follows: Section 11A. It shall be the duty of the Board of Commissioners of Roads and Revenue of Chattooga County to maintain an accurate running table of all property, material, supplies and equipment of the Chattooga County Public Works Camp, by an inventory itemizing losses of property and the sale and purchases of all property and the same shall be taken by a designated county employee or by the members of the board of commissioners, and the board shall submit a copy of the inventory each year to the first meeting of the grand jury; provided that the initial inventory shall be made by the Chairman of the Board of Roads and Revenue of Chattooga County by April 15, 1955. It shall be the duty of the Board of Commissioners of Roads and Revenue of Chattooga County to have an annual audit made of all receipts and disbursements of and the financial condition of the Board of Commissioners of Roads and Revenue of Chattooga County by an independent auditing firm, a certified copy of which audit shall be presented annually to the first grand jury convening after said audit, and a summary of said audit report of the board of commissioners of roads and revenue shall be published immediately after the end of the term of such grand jury in the official organ of Chattooga County. Section 6. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. Be it further enacted by the authority aforesaid, that any member of the board of commissioners of roads and revenue of said county, the clerk of the board or the warden of the public works camp, who shall knowingly violate any of the provisions of this Act shall be guilty of a misdemeanor. Further, that should the said person be a member of the board of commissioners of roads and revenue, then upon the petition of any citizen of said county to the judge of the superior court of

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said county to declare the office of any member of the Board of Commissioners of Roads and Revenue vacant on account of the violation of any of the provisions of this Act, the same shall be done upon the fact of said violation being made to appear, after reasonable opportunity being afforded to such accused board member to offer evidence in his own behalf, to be confronted by the witnesses against himself, to cross-examine them, and to have and enjoy the right of trial by jury as afforded to citizens of this State when property rights are involved. Violations. Should an office of any of the members of the board of commissioners of roads and revenue be declared vacant in accordance with the foregoing, then it shall be the duty of the ordinary of said county to hold a special election within thirty days to elect a successor to such person so removed, and such person so removed shall be ineligible for a period of four years thereafter from being elected a member of said board of commissioners of roads and revenue of said county. Section 7. 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, Paul B. Weems and James H. Floyd, who, on oath, depose and say that they are the duly elected Representatives 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: January 13, 20 and 27th, 1955. Paul B. Weems /s/ Paul B. Weems. James H. Floyd /s/ James H. Floyd Representatives.

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Sworn to and subscribed before me, this the 31 day of January, 1955. /s/ Joe N. Burton Notary Public, Wilkes County, Georgia My commission expires No. 22, 1958. (Seal affixed). Legal Notice. Notice is hereby given an application will be made at the next session of the General Assembly for the passage of the following local bills: An Act to amend an Act, approved March 18, 1933, Georgia Laws, 1933, page 439 through page 445, creating the County Board of Commissioners of the County of Chattooga and to repeal an Act approved March 26, 1947, amending the Act approved March 18, 1933, and for other purposes. This 7th day of January, 1955. Paul B. Weems. James H. Floyd. Approved February 15, 1955. TRAFFIC COURTS IN CERTAIN CITIES. No. 86 (House Bill No. 15). An Act to create a system of traffic courts pursuant to the Constitution of Georgia of 1945, for each city of this State having a population of more than 300,000 by the Federal census of 1950, or by any future Federal census, giving to such courts jurisdiction to try offenses against the traffic laws of this State committed within the territorial jurisdiction of such cities; to provide for the institution of prosecution therein

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by information or accusation; to provide for the appointment, term of office, and compensation of the judges, clerks, solicitors and other administrative officers of such courts, and to provide quarters therefor; to establish suitable rules and regulations for the operation of such courts; to provide for the selection of jurors therein and the payment of costs and the disposition of fines and forfeitures in such courts and for all other matters incidental to such courts; 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. Pursuant to the Constitution of Georgia of 1945, there is hereby established in each city of this State having a population of 300,00 or more, according to the 1950 Federal census, of any future census, a court to be known as the traffic court of such city. Such courts shall have jurisdiction coextensive with the territorial limits of such cities over all crimes and offenses under the laws of the State of Georgia relating to and regulating traffic not above the grade of misdemeanor and which are not exclusively cognizable in the superior courts thereof; provided that where any such city shall lie in two or more counties branches of such court shall be so located and established within said city as to place one branch in each county so involved, and no defendant shall be tried for any offense in any county except where such alleged offense was committed. Traffic courts in certain cities. Section 2. The mayor of each such city shall appoint, subject to the approval of the city council or the board of aldermen thereof, as the case may be, a chief judge and such number of associate judges as may be necessary to conduct the business of such courts. The number of associate judges necessary for the conduct of the business of the courts shall be determined by the mayor and said city council or board of aldermen, as the case may be, from time to time. The chief judge and associate judges so appointed shall hold office for four years or until their

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successors are duly and legally appointed and qualified, unless sooner removed from office under the applicable provisions of law. The chief judge shall be an attorney at law having not less than five years experience as a practicing attorney at law, admitted to practice in all the courts of this State, or as a judge of a court of Georgia and shall otherwise be qualified as to age and citizenship as members of the House of Representatives of the General Assembly. The associate judges shall be attorneys at law admitted to practice in all the courts of this State. Such judges shall not be permitted to practice law in any of the courts of this State or of the United States during their continuance in office. Judges. Section 3. Before entering upon their duties as such, the chief judge and the associate judges and other officers of such courts shall take and subscribe to an oath faithfully and impartially to discharge the duties of their office to the best of their abilities and understanding agreeably to the Constitution of the State of Georgia and the Constitution of the United States and shall take and subscribe to such other and further oaths as may be required by the general laws of the State of Georgia and applicable to the position of judge of the superior court. The oath shall be forwarded to the chief executive of such cities and be filed by him in the executive department. Oath. Section 4. The chief judge and associate judges of such courts shall have power and authority to suspend or revoke licenses for the operation of motor vehicles in conformity with general laws of the State applicable thereto. Licenses. Section 5. The salary of the chief judge of such courts shall be $10,000.00 per annum and the salaries of the associate judges shall be $8,000.00 per annum, payable monthly or semi-monthly by the city government. Salaries. Section 6. Such courts shall hold monthly terms to be designated by the name of the month in which each term begins and such courts shall also hold such adjourned

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terms as the chief judge, in his discretion, may designate. Two or more sessions of the court may be held at the same time, and such courts may be divided into such divisions and may sit at such places within such cities as the governing authorities thereof shall determine. Terms. Section 7. It shall be the duty of the governing authorities of such cities to provide suitable and adequate court rooms and offices for the use of such courts in the transaction of any business and the trial of any cases that may come before them. Court rooms. Section 8. Such courts, as courts of record, are empowered to compel the production of books, papers and other evidence in the possession of any party; to enforce obedience to their orders and processes, including the process of attachment for contempt, and to have all other powers necessary to carry into effect their orders, judgments and sentences which are incidental to courts. The general law of the State in regard to witnesses and their attendance, subpoenas, and all other laws pertaining to the procedure, practice and power of the courts of this State, insofar as applicable to such courts are hereby conferred upon such courts, including the power to punish for contempts, and to forfeit bonds. The chief judge and the associate judges and all othe officers of such courts shall have power to administer all oaths pertaining to their respective offices as fully as the judge and corresponding officers of the superior courts are authorized to do. Such chief judges and associate judges are empowered to take affidavits and to test other papers in like manner as the same may be taken and attested by any judge or justice of the peace of this State. Powers of court. Section 9. All the duties and liabilities attached to clerks of the superior court and other officers of said superior courts shall in like manner attach, insofar as applicable, to the officers of such courts; and the chief judge and the associate judges of such courts shall have authority over said officials equal with that exercised by judges of the superior courts over superior court officials. Officers.

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Section 10. Criminal prosecutions in such traffic courts may be instituted by written information or accusation, plainly and distinctly setting forth the offense charged. Said accusations may be signed by the solicitor or assistant solicitor or by the chief of police or any member of the police department of such city. The chief judge or the associate judges of such courts may, upon affidavit being made that a crime has been committed, involving the traffic laws or regulations of this State, issue a warrant for the arrest of such party. They shall likewise have the power to fix bonds as provided by the general laws of this State with respect to superior court judges. Accusations. Bonds. Section 11. The chief judge or associate judges of such courts shall have power in vacation or in open court or at chambers to accept pleas of guilty and pass sentences on those pleading guilty. The proceedings after information or accusation, shall conform to the rules governing like proceedings in the superior courts except that the jury in such courts shall consist of five to be stricken alternately by the defendant and the State from a panel of nine. The defendant shall be entitled to two strikes and the State two and the five remaining jurors shall compose the jury. Trials. Section 12. All persons residing in any city in which such court is located and on the jury lists of the county or counties in which such city lies and liable to serve as jurors in the superior courts thereof shall be competent and compellable to serve as jurors in such traffic courts. The judges of such traffic courts shall proceed in selecting, drawing and summoning jurors in like manner as jurors are selected, drawn and summoned in the superior courts, and shall be furnished with box and names therein just as judges of the superior courts; and the penalties and other proceedings to punish for non-attendance or jurors or contempts committed by them shall conform to the general law governing like proceedings in the superior courts, and the oaths to be administered to jurors and witnesses in such traffic courts shall be the same as now administered in like cases to juries and witnesses in the superior court. All general laws of the State in

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reference to the qualification, selection, drawing, summoning, length of service, impanelling and challenging petit jurors now in force or hereafter enacted with respect to such procedure in the superior courts shall be made applicable to such traffic courts. Juries. Section 13. The verdicts, judgments and sentences of such traffic courts shall be subject to review by writ of certiorari in the superior court of the county wherein the trial was held under the general laws of this State providing for writs of certiorari in criminal cases. Certiorari. Section 14. The chief of police and the regularly elected and qualified officers and patrolmen of the police departments of each city having a traffic court shall be constables of such court, so as to authorize them to serve all processes and orders of such courts to them directed; but the chief judges of such courts, with the approval of the chief of police of any such city, is hereby empowered to select a sufficient number of policemen of said city as special bailiffs of such courts, who shall remain bailiffs as aforesaid until removed by the chief judge of such courts or the chief of police. Nothing in said detail shall interefere with their status as regular members of their city police departments. It shall be the duty of the special bailiffs to attend all sittings of such courts subject to the order of the chief judge or the associate judges thereof and they shall receive such compensation as may be fixed by the mayor and city council or board of aldermen, as the case may be, of their respective cities. Constables and bailiffs. Section 15. All monies arising from fines or forfeitures imposed for the violation of the penal laws of this State, and collected in such courts, shall be paid into the treasury of the respective cities wherein such courts are located, which shall be used exclusively to defray the expense of operating such courts and the enforcement of the laws of the State relating to and regulating traffic. Fines and forfeitures. Section 16. It shall be the duty of the mayor and city council, or board of aldermen, as the case may be, of each city wherein a traffic court is located, to provide

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any and all necessary clerical and other employees for the operation of such court. Employees. Section 17. There shall be a clerk of each such traffic court who shall be subject to the direction of the chief judge thereof, and such deputy clerks as the business of such court shall require. It shall be the duty of such clerk to make up all calendars for his respective court, to keep all records thereof, including a record of previous traffic convictions, to keep a docket of all cases brought in said court, showing the name of the accused, the nature of the charge and the disposition thereof, to keep an account of all monies, fines and forfeitures collected therein, showing also the disposition thereof. Where not otherwise herein specified, the records kept by such clerks shall be the same as those kept by clerks of the superior courts with respect to cases tried and disposed of therein. Such clerks and their deputies shall be appointed by each mayor wherein a traffic court is located with the approval of the city council or the board of aldermen, as the case may be, for a term of four years and shall receive such salary or compensation as may be fixed by the governing authorities of each such city. In addition to his other duties, said clerk shall be responsible for all monies collected in such court and shall give bond, payable to the city wherein his court is located, in such sum as the governing authorities of such city may determine. Clerk and deputies. Section 18. The mayor of such city shall appoint, subject to the approval of the city council or board of aldermen, as the case may be, a solicitor and such assistant solicitors as may be necessary to conduct the business of such court, the number of assistant solicitors to be determined by the governing body of such municipality. The solicitor and the assistant solicitors shall hold office for a term of four (4) years or until their successors are duly appointed and qualified, unless sooner removed from office under applicable provisions of law. The solicitor shall receive a salary of $8,000.00 per annum, payable monthly or semi-monthly, and the assistant solicitors shall receive such salary as shall be

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fixed by the governing authorities of such city. The solicitor and each of the assistant solicitors shall be attorneys at law, admitted to practice in all of the courts of the State. The solicitor shall have had not less than five (5) years experience in the practice of law prior to his appointment. It shall be the duty of such solicitor or assistant solicitors to prosecute all cases properly brought before his court, and to perform such other like duties with respect to his court as are required of solicitors-general in the superior court. They shall each take and subscribe to an oath similar to that required of the judges of such court. Such solicitors and assistant-solicitors shall not engage in the private practice of law. Solicitor and assistants. Section 19. It is hereby declared, as a matter of legislative determination: (a) That the problem of the enforcement of the criminal laws of this State, involving the operation or ownership of motor vehicles upon the streets and highways of the State, is particularly acute in areas where there are densely concentrated populations; (b) that such traffic laws and regulations may be enforced more effectively, efficiently and justly by the creation of courts specially designed for such service in congested areas; and (c) that the provisions of this Act will promote the general defense and public welfare. Section 20. 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 of parts thereof would be declared unconstitutional. Section 21. This Act shall take effect from and after July 1, 1955, as to cities now having the required population. It shall take effect as to cities acquiring the population in the future on January 1st following the publication of the United States decennial census establishing a population of more than 300,000. Section 22. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 15, 1955.

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THOMASTONSALARIES OF MAYOR AND COUNCILMEN. No. 88 (House Bill No. 229). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. Laws 1933, p. 1070), as amended, so as to increase the maximum limitation on the amount which may be fixed as compensation for the mayor, mayor pro tem. and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. Laws 1933, p. 1070), as amended, is hereby amended by striking in its entirety Section 19 and inserting in lieu thereof a new Section 19 to read as follows: Sec. 19, Act of 1933 amended. Section 19. The salary of the mayor shall not exceed $2,400 per annum; nor that of the mayor pro tem. $1,500 per annum; nor that of any other councilman $1,200 each per annum. All salaries shall be paid monthly.' Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The Thomaston TimesFriday, Jan. 21, 1955. 2B. Legal Ads. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1955 session of the General Assembly of Georgia a bill to change the limitations within which the compensation of the Mayor, Mayor Pro Tem. and Councilmen of

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the City of Thomaston may be fixed; and for other purposes. This 4th day of January, 1955. L. A. Mallory, Jr., Johnnie L. Caldwell, Reps., Upson County. 1, 2, 3x. Georgia, Upson County. Before me the undersigned, an officer duly authorized by law to administer oaths, personally came Leon Smith, who, being first duly sworn deposes and says that he is the owner and publisher of The Thomaston Times, the official newspaper of Upson County, Georgia, in which is printed advertisements of the sheriff of said county, and that the above notice of local legislation was published in said Thomaston Times on the dates of January 7, 1955; January 14, 1955; and January 21, 1955, as provided by law. /s/ Leon Smith, Managing Editor For the Publisher. Sworn and subscribed to before me this 22 day of Jan., 1955. /s/ Johnnie L. Caldwell Notary Public. Approved February 15, 1955. LIBERTY COUNTY TAX COMMISSIONER. No. 89 (House Bill No. 27). An Act to consolidate the offices of Tax Receiver and Tax Collector of Liberty County into the office of Tax

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Commissioner of Liberty County; to provide for term of office; to provide for the election of the tax commissioner; to provide the method of filling facancies; 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: Section 1. Effective January 1, 1957, the office of Tax Receiver and the office of Tax Collector of Liberty County are hereby consolidated into the office of Tax Commissioner of Liberty 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 Liberty County shall continue in office and perform all of their respective duties. Election, 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 Liberty County, shall

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have full force and effect and be collectible as issued. Section 4. The tax commissioner shall be compensated in the amount of four thousand dollars ($4,000) per annum, to be paid in equal monthly installments from the funds of Liberty County. He is hereby authorized to employ a person to assist him in the performance of the duties of his office, if deemed necessary by him and the county commissioners of Liberty County. Such person shall be compensated in an amount determined by him and the county commissioners from the funds of Liberty County. The duration of such employment shall be determined by the tax commissioner and the county commissioners. All fees, commissions, costs, or any other perquisites collected by the tax commissioner shall be the prop[UNK]erty of Liberty County and shall be turned over to the fiscal authority of Liberty County, with a detailed itemized statement of the services for which such fees were collected. Compensation. Assistant. Section 5. The tax commissioner shall be furnished an office in the Liberty 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, 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 Liberty County for the use of Liberty County. Section 7. 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 January 1955 session of the General Assembly of

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Georgia, a bill to consolidate the offices of Tax Receiver and Tax Collector of Liberty County into the office of Tax Commissioner of Liberty County; and for other purposes. This 1st day of December, 1954. Roscoe Denmark, Representative, Liberty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roscoe Denmark, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald, which is the official organ of Liberty County, on the following dates: December 23 and December 30, 1954 and January 3, 1955. /s/ Roscoe Denmark, Representative, Liberty County. Sworn to and subscribed before me this 12 day of January, 1955. /s/ Floy C. Stephenson Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. Notarial Seal Affixed. Approved February 16, 1955.

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McDUFFIE COUNTY COMMISSIONERS. No. 90 (House Bill No. 233). An Act to repeal an Act creating a Commissioner of Roads and Revenues for McDuffie County and providing that the Ordinary of McDuffie County be such Commissioner, approved February 1, 1939 (Ga. Laws 1939, p. 658), as amended by an Act approved March 3, 1939 (Ga. Laws 1939, p. 662), and an Act approved February 7, 1952 (Ga. Laws 1952, p. 2267); to create a three-member Board of Commissioners of Roads and Revenues for McDuffie County; to provide that one member shall be elected from the county at large and the other two from designated commissioner districts; to provide for the election, terms of office, compensation, powers, jurisdiction, duties, bond, and oath of the commissioners; to provide for a clerk; to provide for filling vacancies; to provide for meetings; to provide an effective date; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective December 31, 1956, an Act creating a Commissioner of Roads and Revenues for McDuffie County and providing that the Ordinary of McDuffie County be such commissioner, approved February 1, 1939 (Ga. Laws 1939, p. 658), as amended by an Act approved March 3, 1939 (Ga. Laws 1939, p. 662), and an Act approved February 1, 1952 (Ga. Laws 1952, p. 2267), is hereby repealed in its entirety, and beginning January 1, 1957, the Ordinary of McDuffie County shall no longer be the Commissioner of Roads and Revenues of McDuffie County. Acts repealed. Section 2. There is hereby created a Board of Commissioners of Roads and Revenues for McDuffie County, to be composed of three members. Such board shall come into existence January 1, 1957, with the first members thereof being elected in 1956, as hereinafter provided. Board of commissioners.

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Section 3. For the purposes of electing the members of the board, McDuffie County is hereby divided into two commissioner districts. Commissioner District number one shall be composed of Militia District number 133 (Dearing) and Militia District number 152 (Mount Auburn). Commissioner District number two shall be composed of Militia District number 132 (Republican), Militia District number 134 (Thomson), and Militia District number 274 (Wrightsboro). One member from each of the two commissioner districts shall be elected by the voters of the district from which the person offers as a candidate. Any person offering as a candidate to represent a commissioner district must reside in the district from which he offers. The third member of the board may reside anywhere in the county, and shall be elected by the voters of the entire county and shall be chairman of the board. The first members of the board shall be elected at the same time as the county officials of McDuffie County are elected in the year 1956, and shall take office on January 1, 1957. All members shall have a term of office of four years and until their successors are elected and qualified. Future members of the board shall be elected at the same time as county officials are elected. The Ordinary of McDuffie County shall serve as commissioner through December 31, 1956. Districts. Election of commissioners. Section 4. Any person in order to be eligible to serve as a member of the board must be at least 21 years old; must have resided in McDuffie County for at least one year immeidately preceding the date of the election; and must be qualified and registered to vote for members of the General Assembly. Qualifications. Section 5. Before entering upon their duties, the members of the board shall take an oath to faithfully perform their duties under this Act and the Constitution and laws of the State of Georgia, which oath shall be administered by the Ordinary of McDuffie County. Oath. Section 6. In the event a vacancy occurs on the board for any reason other than expiration of the member's term of office, it shall be filled by a person selected by

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the remaining members of the board, and such person shall serve as hereinafter provided. If such vacancy occurs within a period of not more than six months prior to the date of the election at which the successor to the member causing the vacancy is to be elected, the person filling the vacancy shall serve for the unexpired term. If the vacancy occurs at any other time, a special election must be called by the Ordinary of McDuffie County, not more than thirty days after the date such vacancy occurs, and such election must be held on a day not less than twenty nor more than thirty days from the date of the issuance of the call. The ordinary shall conduct such election. The person elected at such election shall serve for the unexpired term. Vacancies. Section 7. The chairman of the board shall be compensated in the amount of $350.00 per month, to be paid from the funds of McDuffie County, and the chairman shall devote full time to the duties of his office. The remaining two members of the board shall be paid a per diem of $15.00 for each regular or called meeting of the board, but shall in no event receive pay for more than thirty days per year. Compensation. Section 8. The chairman of the board is hereby authorized to employ a clerk for the board, who shall be compensated in the amount of $125.00 per month, to be paid from the funds of McDuffie County. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the board and to discharge such other duties as the board may prescribe. Clerk. Section 9. Before entering upon the discharge of their duties, the members of the board and the clerk shall each give bond in the sum of $10,000.00 with a surety company authorized to do business in Georgia, as surety, payable to the Ordinary of McDuffie County, for the use of McDuffie County. Such bond shall be conditioned for the satisfactory performance by the members and the clerk of the duties of their offices, and for a true accounting of all monies and effects of said county, coming under their custody, possession, or control. Such bonds

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shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premium on such bonds shall be paid from the funds of McDuffie County. Bonds. Section 10. The board of commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In managing and controlling all property of the county as they may deem it for the best interest of the county according to law; in levying general taxes for general purposes and special taxes for special purposes, according to law; in establishing, maintaining or abolishing all roads, bridges, and ferries, according to law; in having an accounting with all county officers charged with receipt and disbursement of county funds, and bringing them to a settlement; in establishing or abolishing or changing election precincts or militia districts; in providing for the paupers of the county; the promotion of the health of the county, in accordance with law; in examining the tax digests of the county and the correction of errors therein; in regulating and fixing license fees as may be provided by law; in supplying by appointment all vacancies in county offices and ordering elections to fill the same; in examining, settling and allowing all claims against the county; in establishing, maintaining and working the chain gang on the public roads and bridges of said county, or public property or buildings, or schoolgrounds or schoolhouses or for other uses or purposes to be determined in the discretion of the board of commissioners of roads and revenues of said county, as provided by law; in electing and appointing all officers and employees of said county, whose election is not provided for by law, and in fixing their duties and compensation and in making all rules and regulations covering the scope and duty of such officers and employees; in fixing a commutation road tax, or the number of days of work in lieu thereof, according to law; and in trying and punishing road defaulters; and to have and exercise all the powers heretofore vested by law in the ordinaries of the counties of Georgia when sitting for county purposes, and to exercise all other such powers as are granted by law, or as may be indispensable to their jurisdiction over county matters or county finances, including

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the power to administer oaths, subpoena witnesses and punish for contempt. The enumeration of powers and duties hereinbefore made shall not be construed as a limitation of the powers of the board to such powers expressly enumerated. The board is hereby expressly given complete power, authority, and control relative to county matters of McDuffie County. Powers and duties. Section 11. The board shall hold a regular monthly meeting on the first Wednesday of each month and may hold such other meetings as deemed advisable upon the call of the chairman. Meetings. Section 12. 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 January 1955 session of the General Assembly of Georgia, a bill to provide that the Ordinary of McDuffie County shall not serve as county commissioner; to create a three-member board of county commissioners, one being elected from the county at large and the other two from commissioner districts by the voters in each district; to provide that such three members shall be elected in 1956 and take office January 1, 1957, and until such time the ordinary shall continue to serve as commissioner; to prescribe the procedure connected with the foregoing; and for other purposes. This 3 day of January, 1955. H. Eulond Clary, Representative, McDuffie County. P-7/8/9 Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Eulond Clary, who, on oath, deposes and says that he is Representative

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from McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress, which is the official organ of McDuffie County, on the following dates: January 6, January 13 and January 20, 1955. /s/ H. Eulond Clary, Representative, McDuffie County. Sworn to and subscribed before me this 24 day of January, 1955. /s/ Ella L. Roberts Notary Public. Notary Public, Georgia, State at Large. My commission expires September 15, 1958. (Seal) Approved February 16, 1955. CITY COURT OF HINESVILLEAMENDMENTS. No. 91 (House Bill No. 26). An Act to amend an Act creating the City Court of Hinesville, approved August 9, 1916 (Ga. Laws 1916, p. 232), as amended, particularly by an Act approved August 18, 1919 (Ga. Laws 1919, p. 480), so as to place the Solicitor of the City Court of Hinesville on a salary basis in lieu of a fee basis; to provide that the clerk of the city court, who is the clerk of the superior court, and the sheriff of the city court, who is the Sheriff of Liberty County, shall receive no fees for their services for the city court but shall receive only the compensation to which they are entitled under laws placing them on a salary basis in lieu of a fee basis; to provide that all fees are the property of Liberty County; to provide that moneys arising from fines and forfeitures

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shall be the property of Liberty County; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Hinesville, approved August 9, 1916 (Ga. Laws 1916, p. 232), as amended, particularly by an Act approved August 18, 1919 (Ga. Laws 1919, p. 480), is hereby amended by striking from Section 5 the sentences, The said solicitor shall receive the same fees for each written accusation as are allowed a solicitor-general for a misdemeanor indictment in the superior court, and his fees for all other services shall be the same as are allowed the solicitor-general of the superior court for his services in misdemeanor cases. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regular elected solicitor of the city court., and inserting in lieu thereof the following: The solicitor shall be compensated in the amount of $2,800.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which he has heretofore received except those provided in Section 6. In the absence or disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem., who shall be paid the amount on a prorata basis which the solicitor would have received had be been serving., so that when so amended Section 5 shall read as follows: Section 5. Be it enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be elected by the qualified voters of Liberty County, at the same time and in the same manner as the judge of said court, whose term of office shall be four years, and until his successor is elected and qualified. The present solicitor of the County Court of Liberty County, M. Price, shall be solicitor of said city court from the time said court is organized until January first, 1917. All

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vacancies in the office of solicitor shall be filled as vacancies in the office of judge of said court. The qualifications of said solicitor shall be the same as that of the judge of said court. The duties of the solicitor shall be to prosecute all offenses cognizable before said city court. The solicitor shall be compensated in the amount of $2,800.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which he has heretofore received except those provided in Section 6. In the absence or disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem., who shall be paid the amount on a prorata basis which the solicitor would have received had he been serving. Solicitor. Compensation. Section 2. Said Act is further amended by striking in its entirety Section 10 and inserting in lieu thereof a new Section 10 to read as follows: Section 10. The clerk and sheriff of the city court shall receive no fees or compensation for their services in the city court, but shall receive only the compensation to which they are entitled by virtue of a law placing them on a salary basis in lieu of a fee basis. The fees which they have heretofore received shall continue to be collected by them but shall be turned over to the fiscal authority of Liberty County along with a detailed itemized statement of services for which such fees were collected. Fees. Section 3. Said Act is further amended by striking in its entirety Section 38 and inserting in lieu thereof a new Section 38 to read as follows: Section 38. All moneys arising from fines and forfeitures in said court shall be the property of Liberty County and shall be paid over to the fiscal authority of Liberty County. Fines, etc. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved or in which it otherwise becomes a law.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill to place the Solicitor of the City Court of Hinesville on a salary basis in lieu of all fees; and for other purposes. This 1st day of December, 1954. Roscoe Denmark, Representative, Liberty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roscoe Denmark, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald, which is the official organ of Liberty County, on the following dates: December 23 and December 30, 1954 and January 3, 1955. /s/ Roscoe Denmark, Representative, Liberty County. Sworn to and subscribed before me this 12 day of January, 1955. /s/ Floy C. Stephenson Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved February 16, 1955.

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LIBERTY COUNTYSALARIES OF CERTAIN OFFICERS. No. 93 (House Bill No. 28). An Act to provide for the compensation of the Clerk of the Superior Court and the Sheriff of Liberty County; to provide for certain assistance for such officers; to provide for fees to be paid to the county; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Clerk of the Superior Court and the Sheriff of Liberty County is hereby placed on a salary basis in lieu of a fee basis. Section 2. The Clerk of the Superior Court of Liberty County shall be compensated in the amount of $4,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. This compensation shall be in lieu of the fees which said clerk has heretofore received. This compensation shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex-officio clerk of any other court. Clerk of superior court. Section 3. The Clerk of the Superior Court of Liberty County shall have a deputy, who may be one and the same person as his secretary, who shall qualify as provided in Code Section 24-2713 and who shall have the powers as stated in said section, and such deputy clerk shall be paid monthly a salary to be determined by the County Commissioners of Liberty County from the funds of Liberty County. Deputy clerk. Section 4. The Sheriff of Liberty County shall be compensated in the amount of $7,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. This compensation shall be in lieu of the fees which said sheriff has heretofore received. Such

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compensation shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. The sheriff shall appoint such deputies as he and the County Commissioners of Liberty County deem necessary. Such deputies shall be compensated in an amount determined by the Sheriff and the County Commissioners of Liberty County from the funds of Liberty County. Sheriff. Section 5. All fees, costs, commissions, allowances, or any other perquisite of whatever kind which have heretofore been recieved by the clerk and the sheriff shall continue to be received and collected by them but shall be the property of Liberty County, and shall be turned over to the fiscal authority of Liberty County monthly, along with a detailed itemized statement showing the source from which each item has been collected. Fees, costs, etc. Section 6. This Act shall become effective on the first day of the month following the month in which it is approved or it otherwise becomes a law. Section 7. 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 January 1955 session of the General Assembly of Georgia, a bill to place the Clerk of the Superior Court and the Sheriff of Liberty County on a salary basis in lieu of all fees; and for other purposes. This 1st day of December, 1954. Roscoe Denmark, Representative, Liberty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority,

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duly authorized to administer oaths, Roscoe Denmark, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald, which is the official organ of Liberty County, on the following dates: December 23 and December 30, 1954 and January 3, 1955. /s/ Roscoe Denmark, Representative, Liberty County. Sworn to and subscribed before me this 12 day of January, 1955. /s/ Floy C. Stephenson Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. Notarial Seal Affixed. Approved February 16, 1955. LIBERTY COUNTYORDINARY'S COMPENSATION. No. 94 (House Bill No. 31). An Act to supplement the fees of the Ordinary of Liberty County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The fees which the Ordinary of Liberty County receives shall be supplemented by the payment of seventy-five dollars ($75.00) per month, which sum shall be in addition to the fees which he receives and which

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sum shall be paid from the funds of Liberty County. Compensation. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved or it otherwise becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill to supplement, by compensation, the fees of the Ordinary of Liberty County; and for other purposes. This 1st day of December 1954. Roscoe Denmark, Representative, Liberty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roscoe Denmark, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Hearld, which is the official organ of Liberty County, on the following dates: December 23 and December 30, 1954 and January 3, 1955. /s/ Roscoe Denmark, Representative, Liberty County. Sworn to and subscribed before me this 12 day of January, 1955.

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/s/ Floy C. Stephenson Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved February 16, 1955. TIFTON CITY COMMISSIONERS. No. 97 (House Bill No. 230). An Act to amend an Act approved August 14th, 1920 (Ga. Laws 1920, pp. 1625-1658), entitled, An Act to repeal the present charter of the City of Tifton; Etc, and Acts amendatory thereof; to provide a reduction of terms of office of future city commissioners from five years to three years; to provide for the present city commissioners to remain in office until the normal expiration of their respective elected terms; to provide for qualifications of future city commissioners and the election of such commissioners and to provide rules and regulations governing any other elections held in the city for any purpose; to provide for the filling of any vacancy occurring on the commission prior to the normal expiration of term of office; to provide for a division of the city into wards and for representation of each of the wards on the city commission and for one city commissioner to represent the city-at-large; to provide for an extension of ward lines upon the present city limits being extended; to provide for a referendum to determine whether this Act shall go into effect; to fix the qualifications of the voters in said referendum; to provide for declaration of result of said referendum; to provide for payment of the entire cost of said referendum; to provide penalties for illegal voting in referendum; to provide for repeal of all laws in conflict with this Act; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act approved August 14, 1920, (Ga. Laws 1920, pp. 1625-1658), entitled an Act to repeal the present charter of the City of Tifton; to provide a new charter for the City of Tifton; etc., and Acts amendatory thereof, be and the same is hereby amended by striking in line four of Section three of said Act the word five and by substituting therefor the word three so that said section, when so amended, shall read as follows: Sec. 3, Act of 1920 amended. Section 3. Be it further enacted, that the municipal government of the City of Tifton shall consist of five commissioners, each of whom shall, except as hereinafter provided, hold office for and during the period of three years, and a city manager and such other officers as may be appointed by said city manager. Commissioners. Section 2. Be it further enacted by the authority aforesaid that said Act to repeal the present charter of the City of Tifton; to provide a new charter for the City of Tifton, etc. (Ga. Laws 1920, pp. 1625-1658), as amended, and especially as amended by Acts of 1939, pp. 1360-1362, be and the same is hereby further amended so as to insert therein immediately following Section 2 thereof and immediately preceding Section 3 thereof, the following new and additional sections 2a, 2b and 2c: Section 2a. That the City of Tifton be, and the same is hereby, divided geographically into four wards so that: Ward No. 1 shall be, and is, that portion of the city north of the center line of Sixth Street and east of the center line of Central Avenue; Ward No. 2 shall be, and is, that portion of the city south of the center line of Sixth Street and east of the center line of Central Avenue; Ward No. 3 shall be, and is, that portion of the city south of the center line of Eighth Street and west of the center line of Central Avenue; and, Ward No. 4 shall be, and is, that portion of the city north of the center line of

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Eighth Street and west of the center line of Central Avenue. Wards. Upon any extension of the present city limits, the above mentioned ward lines shall be extended in their same general direction so as to intersect with such city limits so extended. Section 2b. That hereafter one city commissioner shall be elected, at times hereinafter provided, from each of the four wards by a vote of the qualified voters of the city-at-large and a 5th commissioner shall be elected, as hereinafter provided, from the city-at-large by a vote of the qualified voters of the city-at-large. Representation by wards. Section 2c. That persons offering themselves for election as commissioner from one of the wards must have been a bona fide resident of that ward continuously for a period of six months next preceding the qualification date for such candidacy from said ward; and the commissioner from the city-at-large must have been a bona fide resident of the City of Tifton continuously for a period of six months next preceding said qualification date for such candidacy; that, except for the commissioner from the city-at-large, said commissioners shall hold office for their elected term only so long as such commissioner, or commissioners, shall remain bona fide residents of the ward from which elected; and the commissioner from the city-at-large shall hold office for said elected term only so long as he shall remain a bona fide resident of the city of Tifton. Section 3. Be it further enacted by the authority aforesaid that said Act to repeal the present charter of the City of Tifton, etc. (Ga. Laws 1920, pp. 1625-1658) is hereby further amended by striking therefrom, and repealing in their entirety, Section 4 and Section 11 thereof and in lieu thereof a new Section 4 and a new Section 11 are hereby enacted to read as follows: Secs. 4 and 11 amended. Section 4. Be it further enacted that future commissioners from the wards, and from the city-at-large,

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be elected as follows: Ward No. 1. The first commissioner from Ward No. 1 will be elected at the regular election on the first Wednesday in December, 1958, for a term of three years replacing the commissioner whose term expires December 31, 1958, and succeeding commissioners shall be thereafter elected from this ward each third year thereafter on the first Wednesday in December for a regular term of three years. Ward No. 2. The first commissioner from Ward No. 2 will be elected at the regular election on the first Wednesday in December, 1956, for a term of three years replacing the commissioner whose term expires December 31, 1956, and succeeding commissioners shall be thereafter elected from this ward each third year thereafter on the first Wednesday in December for a regular term of three years. Ward No. 3. The first commissioner from Ward No. 3 will be elected at the regular election on the first Wednesday in December, 1955, for a term of three years replacing the commissioner whose term expires December 31, 1955, and succeeding commissioners shall be thereafter elected from this ward each third year thereafter on the first Wednesday in December for a regular term of three years. Ward No. 4. The first commissioner from Ward No. 4 will be elected at the regular election on the first Wednesday in December, 1959, for a term of three years replacing the commissioner whose term expires December 31, 1959, and succeeding commissioners shall be thereafter elected from this ward each third year thereafter on the first Wednesday in December for a regular term of three years. Commissioner from city-at-large. The first commissioner from the city-at-large will be elected at the regular election on the first Wednesday in December, 1957, for a term of three years replacing the commissioner whose term expires December 31, 1957, and succeeding commissioners shall be thereafter elected from the city-at-large each 3rd year thereafter on the first Wednesday in December for a regular term of three years. Elections for commissioners. The present city commissioners are to remain in office until the normal expiration of their respective terms at which time they, and each of them, will either be replaced

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by a new commissioner or will succeed themselves for a term of three years as above provided for. Incumbents. The elections herein provided for shall be under the management and control of a justice of the peace and two freeholders, residents of said city, or three freeholders, residents of said city, which said justice of the peace and freeholders shall be appointed by the commission. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be fixed by said commission. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, and in so far as said rules and regulations are applicable and are not in conflict with this Act. Management of elections. Section 11. Be it further enacted, that should a vacancy occur on the commission by reason of death, resignation, disqualification, or otherwise, the remaining members of the commission shall select, from the bona fide residents of the ward thus left without a commissioner, or from the bona fide residents of the city-at-large, if such vacancy be created by reason of a vacancy in the office of commissioner from the city-at-large, some fit and proper person to fill such vacancy and serve on said commission only until the next regular election at which time, in addition to the commissioner whose term will have expired, an additional commissioner shall be elected to fill said unexpired term. Vacancies. Section 4. It shall be the duty of the Ordinary of Tift County, not less than thirty days nor more than sixty days after the date of the approval of this Act by the Governor or after it otherwise becomes law, to call a referendum election to determine whether the qualified voters of the City of Tifton favor the proposed division of the city into wards and the reduction of the terms of office of said city commissioners to three years. The date of the election shall be set for a day not less than 30 days nor more than 60 days from the date of the issuance

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of such call by the Ordinary of Tift County, and it shall be the duty of the ordinary to set such date for such election. The date and purpose of said referendum election, and a brief explanation of the voting procedure, shall be published in the official organ for legal advertisements of Tift County once a week for three consecutive weeks immediately preceding the date of the election. The ordinary shall conduct and hold said referendum election at the Tift County courthouse in the City of Tifton. A detailed description of the proposed warding of the City of Tifton and plan thereof, and the proposed plan for the reduction of the term of office of said city commissioners to a term of three years and qualifications and manner of election of said commissioners, need not be included in said newspaper notice, but 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 30 days prior to the date of the election. Referendum. Section 5. The ordinary shall provide as many polling booths at the said Tift County courthouse as may be required to handle the voting. He shall appoint three freeholders of the City of Tifton as managers to supervise and conduct the said referendum election and shall employ such other personnel as shall be required. The managers shall be sworn by the ordinary or any notary public to faithfully manage said election. Laws and regulations applicable to general elections of members of the General Assembly of Georgia, where not in conflict with the specific provisions of this Act, shall apply to said election. Management. Section 6. The general form of the ballot shall be in accordance with, as nearly as practicable, the provisions of Section 34-1903 of the Code of Georgia, 1933. The ballots shall show the purpose of the election by a brief reference to this Act and shall have printed thereon the words, For reduction of term of office of City Commissioners of the City of Tifton from five years to three years; and for division of the City of Tifton into wards so as to provide representation of each of the wards and

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the city-at-large on the city commission, and, Against reduction of term of office of City Commissioners of the City of Tifton from five years to three years; and against division of the City of Tifton into wards so as to provide representation of each of the wards and the city-at-large on the city commission. Voters favoring the reduction of the term of the commissioners and division of the city into wards shall mark out and cancel the words, Against reduction of term of office of City Commissioners of the City of Tifton from five years to three years; and against division of the City of Tifton into wards so as to provide representation of each of the wards and the city-at-large on the city commission. Voters opposing the reduction of the term of commissioners and division of the city into wards shall mark out and cancel the words, For reduction of term of office of City Commissioners of the City of Tifton from five years to three years; and for division of the City of Tifton into wards so as to provide representation of each of the wards and the city-at-large on the city commission. Ballots. Section 7. The provisions of Section 31 of an Act approved February 25, 1949, known as Voters Registration Act and published in Georgia Laws, 1949, pages 1204 to 1227, inclusive, shall be applicable to the referendum election provided for in this Act. As an additional qualification, each voter must have resided in the City of Tifton, Georgia, continuously for at least six months next preceding the date of the said referendum election. Before voting, each voter shall be required to subscribe to an oath that he or she comes within the terms of the additional qualification set forth above. Qualification of voters. Section 8. Any one or more of the election managers are hereby empowered to administer oaths to each voter required to subscribe to an oath under the provisions of this Act. Oaths. Section 9. Any person who shall swear falsely that he or she is qualified to vote in said election or who shall vote in said election without the proper qualification prescribed in this Act or who shall cast more than one ballot

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shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed in Section 27-2506 of the Code of Georgia, 1933. Illegal voting. Section 10. 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 City of Tifton 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 said 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 of Tifton for spreading upon the minutes of the board of commissioners and to the Secretary of State of Georgia as provided for by law. Returns. Section 11. If a majority of the qualified voters voting in said election shall vote For reduction of term of office of City Commissioners of the City of Tifton from five years to three years; and for division of the City of Tifton into wards so as to provide representation of each of the wards so as to provide representation of each of the wards and the city-at-large on the city commission, the ordinary shall so certify, and this Act shall become effective immediately upon such certification by the ordinary to the Secretary of State as provided for by law. If a majority of the voters voting in said election shall vote Against reduction of term of office of City Commissioners of the City of Tifton from five years to three years; and against division of the City of Tifton into wards so as to provide representation of each of the wards and the city-at-large on the city commission, the ordinary shall so certify to the Secretary of State as provided for by law and to the City of Tifton and this Act shall not become effective. Certification of results. Section 12. The ordinary shall certify to the City of Tifton an itemized statement of the entire cost of said referendum election, which costs shall be paid by the said City of Tifton. Costs.

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Section 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that should any part of this Act be construed by any court as unenforceable for any reason, the remainder of said Act shall remain in full force and effect. Section 14. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Tifton, Georgia, January 5, 1955. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January 1955 session of the General Assembly of Georgia a bill to amend the charter of the City of Tifton; to provide for division of the city into wards; to reduce the term of the city commissioners from five to three years; to provide for representation on the city commission; to provide for a referendum; and for other purposes. This January 5th, 1955. /s/ Howard Fowler Howard Fowler, Tifton, Georgia Representative-Elect, Tift. County, Georgia /s/ W. T. Bodenhamer, W. T. Bodenhamer, Ty Ty, Georgia Representative, Tift County, Georgia. 1/6, 13, 20. Georgia, Tift County. Personally appeared before me, the undersigned attesting

Page 2353

authority, Frank A. Raley, who on oath deposes and says that he is the managing editor of the Tifton Gazette, a newspaper of general circulation in Tift County, Georgia, and the newspaper in which advertisements of the Sheriff of Tift County appear, and that the notice of intention to ask for local legislation, as the same appears in the within, foregoing and attached clipping from the Tifton Gazette, is a true and accurate copy of said notice of intention to introduce local legislation in the January 1955 session of the General Assembly of the State of Georgia; and that the said notice was duly published in the said Tifton Gazette on January 6, 1955, January 13, 1955, and January 20, 1955. /s/ Frank A. Raley Frank A. Raley Managing Editor Tifton Gazette. Sworn to and subscribed before me this 20th day of January, 1955. /s/ W. T. Greer Notary Public, Tift County, Ga. My com. expires Jan. 23, 1956. Notarial Seal Affixed. Approved February 18, 1955. WASHINGTON COUNTY COUNCIL. No. 98 (House Bill No. 380). An Act to repeal an Act entitled An Act to establish a county council for Washington County, Georgia; to provide for councilmanic districts; to provide for compensation for members, to fix qualifications for members; to provide for filling vacancies, to fix oaths for councilmen; to provide for meeting; to provide for

Page 2354

clerk of county council; to provide for an officer to be present and serve orders and notices, to fix a quorum; to provide for expelling members for cause; to provide that no member of county council shall have interest in any contract in which the county is interested; to provide for fixing of county-wide tax rate by county council where no limitation is fixed by statue; to provide for receiving by county council of estimates of officers for budgets and expenses; to provide for specifications of estimates by officers; to provide for reversion of unexpended funds; to prohibit contracts by county with officers; to provide for the election of county councilmen; to provide for the selection, direction and discharge of county auditor; and for other purposes.; approved March 24, 1937 (Ga. Laws 1937, p. 1439); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a county council for Washington County, Georgia; to provide for councilmanic districts; to provide for compensation for members; to fix qualifications for members; to provide for filling vacancies, to fix oaths for councilmen; to provide for meetings; to provide for clerk of county council; to provide for an officer to be present and serve orders and notices, to fix a quorum; to provide for expelling members for cause; to provide that no member of county council shall have interest in any contract in which the county is interested; to provide for fixing of county-wide tax rate by county council where no limitation is fixed by statute; to provide for receiving by county council of estimates of officers for budgets and expenses; to provide for specifications of estimates by officers; to provide for reversion of unexpended funds; to prohibit contracts by county with officers; to provide for the election of county councilmen; to provide for the selection, direction and discharge of county auditor; and for other purposes., approved March 24, 1937 (Ga. Laws 1937, p. 1439) is hereby repealed in its entirety. Act of 1937 repealed.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that as Representative of Washington County I will introduce a bill in this 1955 session of the General Assembly to repeal the Act creating the Washington County Council and this will abolish this county council. Also, I will introduce a bill to raise the salary of the county commissioners from $50.00 per month to $100.00 per month. Signed Harvey Roughton. Representative, Washington Co. January 18, 1955. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harvey Roughton, who, on oath, deposes and says that he is Representative from Washington County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress, which is the official organ of Washington County, on the following dates: January 13, January 20, and January 27, 1955. /s/Harvey Roughton Representative, Washington County. Sworn to and subscribed before me this 1st day of Feb., 1955. /s/ Joe C. Underwood, Notary Public. Approved February 18, 1955.

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WASHINGTON COUNTY COMMISSIONERS' COMPENSATION. No. 100 (House Bill No. 382). An Act to amend an Act creating the Board of Commissioners of Roads and Revenue for Washington County, and providing for the election, term, duty, salary and for other purposes, approved August 20, 1913 (Ga. Laws 1913, p. 452), as amended, particularly by an Act approved February 22, 1943 (Ga. Laws 1943, p. 1125), so as to increase the compensation of the commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a Board of Commissioners of Roads and Revenue in and for the County of Washington; to provide for the election of commissioners who shall constitute said board, to prescribe their term of office, their duties, fix their salaries, and for other purposes., approved August 20, 1913 (Ga. Laws 1913, p. 452), as amended, particularly by an Act approved February 22, 1943 (Ga. Laws 1943, p. 1125), is hereby amended by striking the words and figure one hundred and fifty ($150.00) and in lieu thereof inserting the words and figure twelve hundred dollars ($1200.00), so that Section 10, as amended, shall read: Section 10. Be it further enacted by the authority aforesaid, that each of the commissioners serving under this Act shall receive as compensation for his services the sum of twelve hundred dollars ($1200.00) per annum, payable monthly, and each commissioner, before entering upon the performance of his duties, shall give bond in the sum of five hundred dollars, payable to the ordinary of said county and his successors in office, conditioned for the faithful performance of his duties as such commissioner, which said bond shall be approved by the ordinary of said county. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Notice is hereby given that as Representative of Washington County I will introduce a bill in this 1955 session of the General Assembly to repeal the Act creating the Washington County Council and this will abolish this county council. Also, I will introduce a bill to raise the salary of the county commissioners from $50.00 per month to $100.00 per month. Signed Harvey Roughton, Representative, Washington Co. January 18, 1955. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authority administer oaths, Harvey Roughton, who, on oath, deposes and says that he is Representative from Washington County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress, which is the official organ of Washington County, on the following dates: January 13, January 20, and January 27, 1955. /s/ Harvey Roughton Representative, Washington County. Sworn to and subscribed before me, this 1st day of Feb., 1955. /s/ Joe C. Underwood Notary Public. Approved February 18, 1955.

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WASHINGTON COUNTY TAX COMMISSIONER. No. 101 (House Bill No. 257). An Act to amend an Act creating the office of Tax Commissioner of Washington County, approved March 10, 1933 (Ga. Laws 1933, p. 749), as amended, particularly by an Act approved March 24, 1937 (Ga. Laws 1937, p. 1446), so as to provide that the tax commissioner shall not be required to make rounds for the receiving of returns or the collecting of taxes; to change the compensation of the tax commissioner; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Washington County, approved March 10, 1933 (Ga. Laws 1933, p. 749), as amended, particularly by an Act approved March 24, 1937 (Ga. Laws 1937, p. 1446), is hereby amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3, to read as follows: Section 3. The tax commissioner shall not be required to make any rounds for the purpose of receiving tax returns or collecting taxes. Rounds. Section 2. Said Act is further amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5, to read as follows: Section 5. All fees, commissions, and other compensation now allowed to the Tax Receiver and Tax Collector of Washington County, Georgia, from State, county, county-wide and local district schools and special taxes of any all nature, shall be collected by the tax commissioner and except as hereinafter provided, paid into the county depository of said county, same meaning the county treasury in whatever way the finances may be legally handled; and the same shall be

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accounted for by the fiscal agents of said county, whether it be the board of roads and revenues or some other officer or agent, the same as he or they account for all other funds belonging to said county. And all such fees, commissions, and other compensation so collected by the tax commissioner shall, except as hereinafter provided, be paid by him into the legal depository and treasury of Washington County, Georgia. Fees, commissions, etc. Section 3. Said Act is further amended by striking in its entirety Section 7 and inserting in lieu thereof a new Section 7, to read as follows: Section 7. The compensation of the Tax Commissioner of Washington County shall be $5,000.00 per annum, payable in equal monthly installments from the funds of Washington County, and said sum shall be in lieu of all fees, commissions, and prerequisites of any kind, except that he shall also receive ten percent on all State and county taxes collected in excess of eighty percent of the total taxes due, according to the tax net digest. He shall receive such ten percent commission in addition to the $5,000.00 per annum provided for herein. The County Commissioners of Washington County are required to furnish the tax commissioner a suitable office in the court house, equipment, and stationery. Compensation. Section 4. 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 next session of General Assembly of Georgia, which will convene January 10th, 1955, for passage of a bill to be entitled as follows: An Act to provide for raise of salary of Tax Commissioner of Washington County, to fix fees and commissions and for other purposes. This January 4, 1955.

Page 2360

Harvey Roughton, Representative, Washington County, Georgia (3tch.r.) Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harvey Roughton, who, on oath, deposes and says that he is Representative from Washington County, and that the Attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of Washington County on the following dates: January 6, January 13 and January 20, 1955. /s/ Harvey Roughton Representative, Washington County. Sworn to and subscribed before me, this 25 day of January, 1955. /s/ A. A. Boggus, N.P., Notary Public. My commission ex. Sept. 1955. Approved February 18, 1955. CARLTON CHARTER. No. 102 (House Bill No. 50). An Act to incorporate the City of Carlton, in the County of Madison and State of Georgia, and to supersede and to repeal the Act incorporating the Town of Carlton, (Acts of 1892, p. 186), to provide a municipal government therefor, to define the territorial limits of

Page 2361

said city; to provide for the powers thereof; to provide for a mayor and council, and to define their powers and duties; to provide the punishment of violators of the ordinances of said city; and to define the special powers and duties of the mayor; to provide for the election of a mayor and council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualification of voters and electors in said city, and for the qualifications of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decisions of city clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters' list and for a hearing on same; to provide for a city clerk and treasurer, a city marshal, attorney and other officers, their oaths, bond, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of the city ordinances therein; to provide for the arrest of violators of city ordinances, with or without warrant; to provide for the taking of appearance bonds, and for the forfeiture of the same; to provide for a city chaingang; to provide for appeals and certiorari from the police court and from the decision of the mayor and council in criminal cases; to require tax returns to be made by the citizens of said city and by persons owning property in said city, to provide for a board of tax assessors, their oaths, to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions thereof; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installment

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assessments; to provide for street improvement bonds which will not be an obligation of the city and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said city and for sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of sanitary lots; to authorize the city to maintain and operate a system of waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and things necessary or proper or incident to a municipal corporation and inhabitants and well-being thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said city, to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said city and for fire regulations therein; to provide for vaccination, for the pest house and for the prevention of diseases; to provide for a city cemetery and its regulation, to provide for the power of the city to grant encroachments on public streets; to provide for a city prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said city, and for the advertisement and sale of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for city parks, and for the regulations of trees in said city; to empower said city to require all male citizens between the ages of 21 and 50 to work on streets of the city, or to pay a commutation street tax in lieu thereof, and to provide for exemptions therefrom and for punishment for those failing to work streets or pay

Page 2363

commutation tax; to provide for the regulation of trains and vehicles and their speed in said city; to provide for prevention of idleness and loitering; to provide for a city fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said city; to require building permits before any building or structure can be erected in said city; to provide for the condemnation of private property, within and without the city for public purposes; to provide for the issuance of bonds, for bond elections and for the levy and collection of a tax to pay said bonds; to provide for the sales of city property by the mayor and council; to provide for the repeal of all prior Acts incorporating the City of Carlton, and all Acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Carlton, located in the County of Madison, State of Georgia, be and are hereby incorporated under the name and style of City of Carlton. Incorporation. Section 2. Corporate Limits. Be it further enacted, that the corporate limits of the City of Carlton, shall include the following territory, to wit: All the territory lying within a space on both sides of Seaboard Air Line Railroad Company, a distanct of 4434 feet along said railroad track east from the depot of the City of Carlton, formerly Town of Carlton, and a distance of 6925 feet west from the depot along said road track, of the City of Carlton, formerly Town of Carlton, and a distance of 2640 feet wide on each end, so as to constitute a parallelogram, with the long side of 10,560 feet, and 2640 feet at each end, and the distance from the depot north, approximately, 1650 feet, and the distance from the depot south approximately 990 feet, the courses and

Page 2364

distances embraced within said territory are shown by a plat and survey made by C. G. Stevens, surveyor, October 21, 1954, to which reference is hereby made for the exact courses and distances that go to make up the corporate limits of the City of Carlton. Provided, that the mayor and council shall be empowered to extend the limits to three-fourths (3/4) mile, by ordinances, provided further, that this shall not be done unless two-thirds of the legally qualified voters of said city shall vote to extend the limits to a three-fourths (3/4) mile, from the boundary line fully shown herein both by measurement and by plat and survey, of C. G. Stevens, surveyor, shall vote in a special election called by the mayor and council for the purpose, and in the event of such election all persons who are entitled to vote for members of the General Assembly of Georgia, who will be included in the new territory shall be allowed the privilege of voting and participating in said election and other qualified voters of said city. Corporate limits. Extension. Section 3. Be it further enacted, that from and after the passage of this Act the inhabitants of the territory described in Section 2 of this Act, located in the County of Madison, State of Georgia, be and are hereby incorporated under the name and style of City of Carlton, and said City of Carlton is hereby chartered and made a city under the corporate name of City of Carlton, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Carlton, as created by this Act: And the City of Carlton as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws, of

Page 2365

the State of Georgia and the United States. And the said City of Carlton shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatever kind, and within or without the limits of said city and for corporate purposes said City of Carlton created by this Act shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of Carlton and its mayor and councilmen as a body corporate as heretofore incorporated. Corporate power. Section 4. Be it further enacted that the municipal government of the City of Carlton shall consist of and be vested in a mayor and five councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad crossings, streets railways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughterhouses; garages, shops, mills, ginneries, factories, barbershops, soda founts, beer saloons, telegraph and telephone companies, gas, water, light and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city and for the preserving of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations,

Page 2366

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

Page 2367

the police court of the City of Carlton and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violations of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court of contempt of the council by imposing such sentence or penalty as may be authorized by ordinance by resolution of the council of said city, properly passed, in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Powers and duties of mayor. Section 6. Be it further enacted, that the present mayor and councilmen of said City of Carlton, shall continue in office until their successors are elected and qualified, and until January 1, 1956, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the council of said City of Carlton, created by this charter, and on the 2nd Tuesday in December, 1955, a mayor and five councilmen shall be elected as provided in the next section of this Act. Incumbents. Section 7. Be it further enacted, that on the 2nd Tuesday in December, 1955, there shall be elected for said city, by the qualified voters therein, a mayor and five councilmen who shall serve for a term of one year, commencing on January 1, next after their election. At the first regular meeting of the mayor and council, after their election, they shall meet in the city hall or other designated place in said city and then and there severally take, before some officer, authorized under the laws of Georgia, to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman as the case may be) of the City of Carlton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter.

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

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

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Section 11. Be it further enacted, that if the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Madison County within three days after said election, and upon the payment in advance by the contestant, or contestants, to said ordinary of ten dollars, the said ordinary shall within two days after he received the same cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said ordinary shall cause notice to be served on the mayor of the city; said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contester shall pay to the sheriff, or his deputy two dollars in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said results of election is contested; contestee may set up any cross-grounds of contest. The contest may be heard at the Madison County courthouse. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Contests. Section 12. Be it further enacted, that the mayor and councilmen at their first regular meeting in January, 1956, and annually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor, or for a vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. Section 13. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in the City of Carlton thirty days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration

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

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

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

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five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, persons, to vote in such election and the decision of said board shall be final. Appeals. Section 19. Be it further enacted, that the board of registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such person or persons if they find such person or persons are disqualified to vote in said election for any cause. Purging of list. Section 20. Be it further enacted, that at the first regular meeting of the mayor and councilmen in January, 1956, and annually thereafter, the mayor and councilmen shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of three thousand dollars for the faithful performance of his duties; a marshal who may be chief of police and as many policemen

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as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths; perform such duties and give such bonds as the mayor and councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Carlton. Said mayor and councilmen shall have the power and authority to suspend and remove said officers, in their discretion; and it shall be the duty of the mayor and councilmen to fix the salaries or compensation of said mayor and councilmen and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officers. However, the salary of the mayor of said city shall not exceed the sum of $200.00 per month; the salary or compensation of the councilmen of said city shall not exceed the sum of $200.00 dollars per month; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $300.00 per month; 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 $200.00 per month each. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and councilmen have allowed the same. The mayor and councilmen may, at any time, employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and councilmen as above provided, in accordance with the limitations thereon as fixed by this charter. Compensation. Section 21. Be it further enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions

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before the said council the mayor or mayor pro tem., if he be presiding, shall be entitled to vote only in the case of a tie. The mayor shall have the veto power and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on an aye and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Quorum. Passage of ordinances. Section 22. Be it further enacted, that the mayor or in his absence or disqualification the mayor pro tem., or in the case of the absence of both the mayor and the mayor pro tem., any councilman of the City of Charlton may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed $250.00, imprisonment in the city prison or in the county jail, having previously arranged with the county officers, not to exceed sixty days, or to work on the streets in the city chaingang, or such other public places as the mayor or acting mayor may direct, not exceed sixty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chaingang shall not both be inflicted in any one case, and neither the punishment of confinement in the city or county jail, or that of a sentence to work in the city chaingang on the streets of said city shall be inflicted except as an

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alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police court. Punishments. Section 23. Be it further enacted, that the mayor or mayor pro tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case and commit the offender or offenders to jail or bail them if the offense is bailable by a justice of the peace under the laws of this State, to appear before the Superior Court of Madison County. Commitment. Section 24. Be it further enacted, that the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal or policemen of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinances of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Section 25. Be it further enacted, that it shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Madison County, for a reasonable length of time. It shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Carlton, which violation takes place in the presence of said marshal or policeman. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in

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their hands charging any person or persons with violating the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest any where within the limits of this State any person charged with violating any of the ordinances of the City of Carlton; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policeman are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to warrants signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests. Appearance bonds. Section 26. Be it further enacted, that the mayor and councilmen of the City of Carlton shall have power to organize one or more chaingangs or workgangs and confine therein persons who have been sentenced by the police court of the City of Carlton, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gang, and to enforce same through its proper officers. Workgangs. Section 27. Be it further enacted, that the mayor or the mayor pro tem., when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem, and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor shall also have power and authority to

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accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of Carlton. Appearance bonds. Section 28. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to board of councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the mayor and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have right to certiorari to the Superior Court of Madison County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the superior court, and provided further, the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceedings directly to the superior court. Appeals. Certiorari. Section 29. Be it further enacted, that all persons owning property in the City of Carlton shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April 1st

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

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valuation has been raised or doubled taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leavin notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid to his last known address, shall constitute legal notice to him. Tax assessors. Assessments. Section 31. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and councilmen of said city. Provided, said appeal be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by this appellant; said appeal shall be heard by said mayor and councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and councilmen of said city shall have power and authority, after notice and opportunity for his to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. Section 32. Be it further enacted, that the mayor and councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 33. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions be issued against all persons who have not paid their taxes by the time fixed and defined

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fined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and the constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Tax executions. Section 34. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Carlton and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding five dollars ($5.00) on the hundred (100) worth of taxable property, exclusive of the taxes for public schools as now authorized by law; provided that the mayor and council shall have the right to increase the ad valorem tax not to exceed ten dollars ($10.00) on the hundred (100); and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said city authorities and to provide a fund for the payment of annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire. Ad valorem rates. Section 35. Be it further enacted, that the Mayor and

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Council of the City of Carlton shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, square and lands of the City of Carlton, and the grading of the same; to open up any street and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Carlton without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said mayor and council of the City of Carlton shall have full power and authority to remove or caused to be removed, any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Upon failure of the person or persons placing walks, evenues or public squares, or the abutting property owner, and an execution may be issued therefor in such manner as may be prescribed by ordinances. Said mayor and councilmen shall have full power and authority to regulate (except as such power may be restricted by existing general law) the use of the streets, sidewalks and public grounds for signs, sign posts, awning, telegraph, telephone poles, racks and for carrying banners, hand-bills and placecards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interference with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. The mayor and council shall have full power and authority

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to regulate the use of the streets of the City of Carlton for business purposes and no person, firm or corporation shall have the right to use the streets of said City of Carlton for business purposes without first having obtained the consent, and license of the mayor and council of the City of Carlton, provided, that such consent and license shall not be required of farmers using the streets of the City of Carlton in selling and disposing of agricultural, grove, orchard, poultry, dairy, and other products grown, raised, and produced by them on farms operated by them. Streets, sidewalks, etc. Same. Section 36. Be it further enacted, that the City of Carlton is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Water. The mayor and council in their discretion, may extend any water or sewer or gas line beyond the limits of the City of Carlton, to provide service to customers living beyond the City limits, should it be deemed by said mayor and council to be financially beneficial to said city. Section 37. Be it further enacted, that said City of Carlton shall also have power and authority to own, operate and control and regulate for the best interest of said city any other utility, whether the same be electric light and power system, gas system, or any other public utility, of whatever kind or nature, and said city shall have full power and authority to condemn private property for

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such purposes, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such a system and public utilities, and to pass any and all ordinances necessary for the establishment, operation, rgulation and control of such system and public utilities. Provided that this section shall not apply to any existing electric utility. Other utilities. Section 38. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to require any railroad company running railroads through said city or any portion of it, to make and repair such crossings on their several roads whenever and in such manner as said mayor and councilmen may deem necessary. Railroads. Section 39. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite or other combustible or explosive material or substance within the limits of said city; and to regulate the use of lights in stables and shops and other places of building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Dangerous substances, etc. Section 40. Be it further enacted, that said mayor and councilmen shall have full power and authority to require any person or firm, company or corporation whether non-resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such

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amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay said taxes, or take out said license for same who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Licenses. Section 41. Be it further enacted, that said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of laying, gaming or renting, all ten-pin alleys, nine-pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game or play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sums as they may by ordinance prescribe. Amusement devices. Section 42. Be it further enacted, that said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city; define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokers. Section 43. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, and such articles, all barber shops and beauty parlors, all oil mills, ice works, laundries, waterworks, all opera houses, theaters, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all fire

Page 2387

or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by laws of this State. Also any person running a flying-jinny, flying-horse; merry-go-round, bicycle or skating rink and all circuses, sideshows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Other businesses. Section 44. Be it further enacted, that at the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license and fixing the amount of such tax or license, and may, issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforcible in the same manner as town ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Carlton, without having first procured such license and complied with all other requirements of said City of Carlton, relating thereto, shall be guilty of a violation of the city ordinance provided for such license or tax, and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation and the levy and sale of property belonging to such person,

Page 2388

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

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Section 46. Be it further enacted, that the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals, when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the mayor and councilmen. Animals. Section 47. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the mayor and councilmen, it may be done whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and councilmen shall have full power and authority to remove or cause to be removed any buildings, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Eminent domain. Nuisances. Section 48. Be it further enacted, that the City of Carlton, by and through its mayor and council, is hereby authorized and empowered to establish and change the

Page 2390

grade of any street, sidewalk, avenue, alley, lane or other public place in the said City of Carlton and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof in said city as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street improvements. Section 49. Be it further enacted, that one-half of the total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, re-paved, improved or re-improved, and the other one-half of such cost shall be paid by said city; provided, however, that when said sidewalk in said city shall be paved, re-paved, improved, or re-improved along any street, avenue, alley, land or other public place which is unpaved the curbing of such sidewalk when it is necessary to use 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. Costs of sidewalk improvements. Section 50. Be it further enacted, that two-thirds of the total cost of grading, paving, re-paving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, re-paved, improved, or re-improved the other one-third of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, re-paved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and re-improving and shall be assessed

Page 2391

accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catch-basins, drain-pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or the improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, 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 of street improvements. Section 51. Be it further enacted that said Mayor and Council of said City of Carlton shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in renewed, replaced, changed, altered or constructed, all water, gas or sewer-pipe connections to connect with and existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expenses of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessments to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Costs of utility connections. Section 52. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places directly in front of such

Page 2392

owner of abutting property so paved, repaved, improved or re-improved. Computation. Section 53. Be it further enacted, that where a railroad company or other company, person or corporation has tracks on or across said street or sidewalks so paved or improved the company, person or corporation owning, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving of so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said track. Railroad tracks. Section 54. Be it further enacted, that said City of Carlton by and through its mayor and council, may grade, pave, re-pave, improve or re-improve, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvement, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places. It shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, re-paved, improved or re-improved in said city, where the said sidewalk is to be constructed along any unpaved street, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, re-paving, improving or re-improving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalk improvements.

Page 2393

Section 55. Be it further enacted, that no street, avenue, alley, lane or other public place in said city shall be paved, re-paved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said mayor and council shall have first been petitioned in writing to pave, re-pave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, re-paving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, re-paved or other wise improved. Petition for street improvements. Section 56. Be it further enacted, that the determining number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and the majority in the interest of owners' undivided interest shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Section 57. Be it further enacted, that the ordinance authorizing the paving, re-paving, improving, or re-improving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications, for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in a newspaper in said city which has a general circulation therein in which the advertisements for sheriff's sales in Madison County are published before the final passage of such ordinances, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, re-paved

Page 2394

or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said mayor and council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinance. Said meetings may be held at the time for the regular monthly meeting of said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof, be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane or other public place or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person desired to make objections to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said mayor and council shall have the right to order such paving, re-paving or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days therefrom begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment therein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the courts of this State to be 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 mayor and council shall deem best they shall cause such improvements to be made. Procedure for passage of improvements ordinance. Section 58. Be it further enacted, that said mayor and council may by ordinance provide such reasonable terms and conditions as they may deem proper to impose

Page 2395

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

Page 2396

and readvertise for other bids when any such bid is not in its judgment satisfactory. Ordinance and contract. Section 59. Be it further enacted, that as soon as the said contract is let, the cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvement as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report shall have been returned and filed and the said mayor and council for said city shall appoint a time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any complaints or objections of land abutting on said improvement as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be published by the said clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Charlton and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have power to review and correct said appraisal and apportionment and hear objections to the same and to confirm the same either as made by said engineer of committee or as corrected by said mayor and council. The said mayor and council shall thereupon by ordinance assess the cost of such improvements as provided

Page 2397

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

Page 2398

is made. Service of such notices or statements may be made either by the clerk or by the marshal of said city. Statement of assessments. Section 61. Be it further enacted, that, if any person or persons, company or corporation shall fail or refuse to pay to the clerk of said City of Carlton, his, her or its assessment as required by this Act, at the expiration of thirty days after the service of the statement as provided in the preceding section, said clerk will be authorized to issue executions bearing teste in the name of the mayor and council of said city and specifying the improvement for which it is issued against the owner and also the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in case of sales for city taxes the same shall be sold at public outcry to the highest bidder; and such sales shall vest an absolute title in the purchaser subject to the 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 Carlton shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions. Section 62. Be it further enacted, that the marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser of the transferee with the same rights as to enforcing said execution and priority of payment as

Page 2399

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

Page 2400

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

Page 2401

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

Page 2402

with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amount remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property assessed shall have the privilege of paving the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinances. 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 Carlton. Same. Lump payment. Section 69. Be it further enacted, that in the event the said mayor and council deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessments against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 59 thereof, where provisions are made declaring such street, improvement assessments to constitute a lien against property so assessed when no provision is made for the payment of such assessment in installments. Lien. Section 70. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, re-paving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or re-improved shall be paid in ten equal installments, the said mayor and council are hereby authorized

Page 2403

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

Page 2404

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

Page 2405

taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Collection of installments. Executions. Section 72. Be it further enacted, that if the said City of Carlton has in its treasury a sufficient amount of pay for its pro rata share of any streets, lanes, alleys, avenues or public places in said city, the mayor and council may, by appropriate ordinance, direct that such money be expended for the purpose of paying the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditures shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such questions. City's share. Section 73. Be it further enacted, that nothing herein contained shall be construed to prevent the mayor and councilmen of said city from proceeding under the provisions of Chapter 69-4, Section 69-401-434 both and all inclusive of the Code of Georgia of 1933, referring to Street improvements in municipalities having a population of 600 or more, in the event such provisions shall be adopted by said city, after an election duly held approving the same, in accordance with the provisions of said Chapter 69-4, and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets, and sidewalks in said City of Carlton may be improved in accordance with the provisions outlined in said Chapter 69-4, and if said Act is approved by such election of this charter for the improvement of streets, shall be completely disregarded, and the provisions of said Chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto shall be

Page 2406

followed exclusively for the improvements of streets and sidewalks in said city. Code provisions. Section 74. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private waterclosets, 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 construed by said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions and assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage. Section 75. Be it further enacted that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this

Page 2407

charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Easements. Section 76. Be it further enacted, that said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Section 77. Be it further enacted that for the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sewerage and drainage system beyond limits. Section 78. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in said city. The amount so collected shall be used for sanitary purposes and assessments; provided, no residence lot shall be less than twenty-five feet front; and no business lot shall be less than twenty-five feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitary assessments. Section 79. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Carlton are hereby extended for police and sanitary purposes over all the lands that may hereafter

Page 2408

be acquired by said city for waterworks, sewer and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise the jurisdiction and police authority over any authority it may own or control without the limits of said city for sewerage or drains, also over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Jurisdiction of city beyond limits. Section 80. Be it further enacted, that the mayor and councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining a waterworks system, or sewerage system, or any of them; provided that if the right to condemn therein granted be exercised, all proceedings shall be used under the provisions of Section 36-301 to 36-307, inclusive of the Code of Georgia of 1933, and Acts amendatory thereof. Eminent domain. Section 81. Be it further enacted, that said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, waterclosets, and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the

Page 2409

preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of waterclosets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect waterclosets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers and under such regulations and rules as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any watercloset or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections and assess the cost of said connection and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of an outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if said owner should fail to remove the same after having been given reasonable notice so to do, the mayor and councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is authorized to issue an execution for the expenses of such removal, against such owner. Said mayor and councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well-being of the inhabitants of said city. Toilets. urinals, etc. Section 82. Be it further enacted, that the mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties

Page 2410

as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts of negligence caused such nuisance, or the party owning such property upon which same may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Section 83. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots, and cellars, if some should prove a nuisance, or the board of health should recommend that said lot or cellars, be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lot or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirement of said mayor and councilmen, by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen, to have this work performed and the amount expended in doing so collected by executions, and the sale under such execution shall pass the title to the property. Draining or filling of lots or cellars. Section 84. Be it further enacted that said mayor and councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances.

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Section 85. Be it further enacted, that the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable caus to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen shall have full power and authority to abate as a nuisance any place in the city when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and councilmen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 86. Be it further enacted, that said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Carlton and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed, to change all things that they may deem necessary to protect said city as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the

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person, firm or corporation shall not remove said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire protection. Section 87. Be it further enacted, that said mayor and councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease to declare and maintain quarantine regulations against such diseases, and, punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the town to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Communicable diseases. Section 88. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interment therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Churches, cemeteries. Section 89. Be it further enacted, that the mayor and councilmen of said city shall have power to grant franchises, easements, and right-of-way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. Franchises, easements, etc.

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Section 90. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Violations of ordinances; arrest. Section 91. Be it further enacted, that the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of city affairs. Section 92. Be it further enacted, that the mayor and councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee-bill. Section 93. Be it further enacted, that the mayor and councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts and may appoint a custodian for same. The mayor and councilmen may contract with the proper authorities of Madison County for the use of the common jail of said county for this purpose. Prisoners.

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Section 94. Be it further enacted, that said mayor and councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Immoral conduct. Section 95. Be it further enacted, that the mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor be punished as for a violation of the ordinances of the city. Houses of ill fame, etc. Section 96. Be it further enacted, that all executions in favor of the City of Carlton for the enforcement and collections of any fine, forfeiture, assessment taxes or other claim, demand, or debt, shall be issued by the clerk and bear teste in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city and shall state for what issued and be made returnable to the mayor and councilmen of the City of Carlton 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 sheriffs' sales or real property or constables' sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriffs' and constables' sales, and to be made under the same rules and regulations as govern sheriffs' sales and constables' sales of similar property; and 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, by paying the purchaser the amount paid

Page 2415

for said property at said tax sale as shown by the recitals in the tax deed, plus a premium of ten percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Carlton and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for. taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale shall make to the City of Carlton, a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided and the marshal or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property as purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Carlton. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power

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as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Executions. Sales. Section 97. Be it further enacted, that said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of Carlton now in force prescribing the form of warrants, accusations, and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Accusations, warrants, etc. Section 98. Be it further enacted, that said Mayor and Councilmen of the City of Carlton shall have power and authority to acquire, on behalf of the City of Carlton, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city for said purpose. Parks. Section 99. Be it further enacted, that the Mayor and Councilmen of the City of Carlton shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council impedes or hinders travel or traffic in said city. If, after reasonable notice to the owner of

Page 2417

property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 100. Be it further enacted, that the Mayor and Councilmen of the City of Carlton may require and compel all male persons between the ages of 21 and 50 who have resided in the City of Carlton as long as thirty days, except those who are exempt in Section 101 of this Act, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor and councilmen may require or to pay a commutation tax in lieu thereof not exceeding four dollars in any one year, as said mayor and council may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined by a sum not exceeding eight dollars or imprisoned in the city prison or by labor on the chaingang of said city not exceeding twenty days. Said mayor and councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Street tax. Section 101. Be it further enacted, that all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one or more churches, all men who have lost one arm or one leg; and all men who are either deaf, dumb, or blind, either totally or partially to the extent that they are unfit or unable to perform street work shall be exempt from the street duty provided in Section 100 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit

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or unable to perform street work shall be left to the judgment of the mayor and councilmen and their decision on such question shall be final. Exemptions. Section 102. Be it further enacted, that the mayor and councilmen of the City of Carlton shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security, of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties, as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. Welfare powers. Section 103. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles, trucks, and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles. Section 104. Be it further enacted that the mayor and

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councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Idleness, loitering. Section 105. Be it further enacted, that in case the mayor or a councilman while in office shall be guilty of malpractice and willful neglect in office or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment of officers. Section 106. Be it further enacted, that it shall be the duty of the mayor and councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire protection. Section 107. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dogs. Section 108. Be it further enacted, that the mayor and councilmen of said city shall cause to be codified all ordinances of said City of Carlton, together with this Act, into one book to be known as The Code of the City of Carlton, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Superior Court of Madison County, Georgia, for recording deeds. Said mayor and councilmen shall, not later than the first regular meeting of the mayor and councilmen to be held in July 1955, pass and adopt such code, as the Code of the City of Carlton; and said

Page 2420

code shall be admitted in evidence in any of the courts of this State upon the certificate of the clerk of the said City of Carlton, certifying the same to be the code of ordinances and laws of said town. City code. Section 109. Be it further enacted, that said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said city unless such building permit is first obtained prior to the erection of such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building permits. Section 110. Be it further enacted, that the Mayor and Councilmen of said City of Carlton shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any water supply, gas or sewer line or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or executors, administrator or administrators, guardian or agent; and all proceedings

Page 2421

for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq. Eminent domain. Section 111. Be it further enacted, that the mayor and councilmen of the City of Carlton shall have power and authority to issue bonds for and in the name of said city for the following purposes, to wit: For purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping and maintaining waterworks, water supply system, sewers and sewer system, disposal plants, electric, power and gas systems, and service, and for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Bonds. Section 112. Be it further enacted, that, before any proceeding towards the issuing of bonds for any of the purposes named in the preceding section, the mayor and councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information, all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications, and estimates of cost may be paid from current expenses, funds and/or from the proceeds of the bonds sold. Section 113. Be it further enacted, that before any bonds of said city shall be issued for any of the purposes named in Section 111 of this charter, the mayor and councilmen of said city shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be

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fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for public published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by mayor and councilmen provided, always that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by said mayor and councilmen as hereinbefore provided, then and in such event said city's mayor and councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said mayor and councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the mayor and clerk of said city. Bond elections. Section 114. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 115. Be it further enacted that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues

Page 2423

of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for this purpose. Temporary loans. Section 116. Be it further enacted, that said city, by and through its mayor and council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to finance the cost of construction and operation of same and to exercise all powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State and Acts amendatory thereof. Revenue producing projects. Section 117. Be it further enacted, that all ordinances heretofore adopted by the Mayor and Councilmen of the City of Carlton, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall remain in full force and effect, provided, that said Mayor and Councilmen of said City of Carlton may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 118. Be it further enacted that all Acts of the General Assembly of Georgia heretofore passed incorporating the Town of Carlton Acts of 1892, page 86, and all amendments thereto, and all provisions therein, which are inconsistent with this Act is hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 119. Be it further enacted, that the mayor and council of said city shall have the power and authority to sell any property belonging to the said city and which shall become unnecessary and useless for city purposes, and to make a good and sufficient title to the

Page 2424

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

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Georgia, at the January session, 1955, an Act to amend, consolidate and supersede the Act incorporating the Town of Carlton, in Madison County, Georgia and all amendments in respect thereto, to create a new charter of said corporation, to repeal the Act incorporating the Town of Carlton, Acts of 1892, page 186 and a new charter for said municipality, created as the City of Carlton, in Madison County, Georgia, to provide for a municipal government, to define the territorial limits of said City of Carlton, to provide for the powers thereof, to provide for a mayor and council, to define their powers and duties, and for other objects, to be contained therein. This notice of intention to apply to the General Assembly of Georgia for a new charter for the City of Carlton, in Madison County, Georgia and the repeal of the old charter, Acts of 1892, page 186, is in compliance with Art. 3, Section 7 paragraph 15 of the Constitution of 1945. (Code, Ann. Supp., Section 2-1915.) This October 22, 1954. T. J. Stevens, Mayor. W. F. Algood. Whaley Tribble. Guy Porterfield. W. R. Smith. R. W. Martin, Clerk. Members of Town Council, Town of Carlton. State of Georgia, County of Madison: Before me a notary public in and for said State and county, personally appeared Jere C. Ayers, who being duly sworn, deposes and says that he is the publisher of the Danielsville Monitor, a legal weekly newspaper published at Danielsville, Georgia, in the County of Madison, and that this notice, a true copy of which is attached hereto, was published once a week for four

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consecutive weeks as follows: November 19, 1954, November 26, 1954 and December 3, 1954. /s/ Jere C. Ayers, Publisher, The Danielsville Monitor. Sworn to and subscribed before me this 13 day of January, 1955. /s/ Jean Kenny Notary Public. Notary Public, Fulton County, Georgia. My commission expires Jan. 26, 1957. (Seal) Approved February 18, 1955. AUSTELL LIMITS EXTENDED. No. 108 (House Bill No. 385). An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell, and reincorporating said town or corporation as the City of Austell, approved August 17, 1929 (Ga. Laws 1929, p. 862), as amended, so as to provide for a change in the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town or corporation as the City of Austell, approved August 17, 1929 (Ga. Laws 1929, p. 862), as amended, is hereby amended by adding a new section to read: Section 3A. The corporate limits of the City of Austell shall also include all that parcel of land lying and

Page 2427

being in the 19th District, 2nd Section, Cobb County, Georgia, and being all that portion of original Land Lot No. 1306, lying south of the north right-of-way line of Morning Side Drive and east of the existing city limits of the City of Austell, Georgia, and all that tract or parcel of land lying and being in original Land Lot No. 27 of the 18th District, 2nd Section, Cobb County, Georgia, and being all of that portion of Lot No. 31 of the Paul Cousins estate as shown by plat made by Lloyd Plews, surveyor, dated May, 1941, recorded in Plat Book 4, Page 136, Cobb County Records, which is located east of the existing city limits line of the City of Austell, Georgia, bounded as follows: On the north by the Bank-head Highway; on the east by Cousins Estate; on the south by Lot No. 32 of said Cousins Estate Subdivision, and on the west by the existing city limits of said city. Description. Section 2. 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 and the Marietta Daily Journal, who deposes and says that the following and attached notice of intention to apply for passage of a local bill, amending the charter of the City of Austell so as to extend the corporate limits thereof; and for other purposes, was published in the Cobb County Times in its editions of December 23 and 30, 1954, and January 6, 1955, and in the Marietta Daily Journal in its edition of January 6, 1955: T-1578. Notice of Intention to Introduce Local Legislation. Notice is hereby given there will be introduced at the January-February 1955 session of the General Assembly of Georgia, a bill to amend the charter of the City of Austell, so as to extend the corporate limits thereof; and for other purposes.

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This 22nd day of December, 1954. Fred D. Bentley, Raymond M. Reed, Harold S. Willingham, Representatives, Cobb County. 12:23-30; 1:6 T1:6 J Deponent further says that the Cobb County Times and the Marietta Daily Journal are newspapers of general circulation in Cobb County, Georgia, the Cobb County Times being published weekly and the Marietta Daily Journal being published daily except Saturday; and that the Cobb County Times was the newspaper in which the sheriff's notices for the county were published for the calendar year 1954; and that the Marietta Daily Journal is the newspaper in which the sheriff's notices for the county are being published for the calendar year 1955. This 25th day of January, 1955. /s/ Brooks P. Smith, Brooks P. Smith, Publisher, Cobb County Times and The Marietta Daily Journal. Sworn to and subscribed before me this 25th day of January, 1955. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. Approved February 23, 1955. ROCKDALE COUNTYCOMPENSATION OF CERTAIN OFFICERS. No. 110 (House Bill No. 455). An Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary

Page 2429

basis in lieu of a fee basis; to provide for compensation; to provide for the disposition of fees, costs, commissions and other perquisites; to provide that such officers shall employ and compensate personnel, if necessary; to provide a referendum; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County is hereby placed on a salary basis in lieu of a fee basis as hereinafter provided. Section 2. The Sheriff of Rockdale County shall be compensated in the amount of $6,000.00 per annum, to be paid in equal monthly installments from the funds of Rockdale County. Such compensation shall be all-inclusive and the sheriff shall receive no other compensation of any kind in addition to such sum. Sheriff. Section 3. The Ordinary of Rockdale County shall be compensated in the amount of $3,900.00 per annum, to be paid in equal monthly installments from the funds of Rockdale County. Such compensation shall be all-inclusive and the ordinary shall receive no other compensation of any kind in addition to such sum. Ordinary. Section 4. The Clerk of the Superior Court of Rockdale County shall be compensated in the amount of $4,200.00 per annum, to be paid in equal monthly installments, from the funds of Rockdale County. Such compensation shall be all-inclusive and the clerk shall receive no other compensation of any kind in addition to such sum. Clerk of superior court. Section 5. In the event either of the aforesaid officers deems it necessary to employ deputies, clerks, or other personnel to assist him in the performance of his duties, he is hereby authorized to make such employment with the compensation of such personnel to be paid by

Page 2430

the officer himself out of the compensation heretofore prescribed for such officer and no such personnel shall be paid by Rockdale County. The sheriff shall furnish his own automobile and must pay for such automobile expense out of the compensation herein provided for such officer. Deputies. Section 6. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which are now or which may hereafter be allowed by the general laws of the State of Georgia to be received or collected for services rendered by any of such officers of the various counties of this State who are on a fee basis shall be received and collected by all and each of said officers of Rockdale County for the sole use of Rockdale County and shall be handled as public monies belonging to said county in the manner hereinafter provided. All of said monies shall be deposited by each of said officers in the general funds of the county and on or before the tenth day of each and every month a detailed, itemized statement shall be made by each officer, showing the collections made by him for the previous month and the amounts, dates and sources from which collected. One copy of said itemized statement shall be turned over to the Commissioner of Roads and Revenues of Rockdale County, one copy shall be retained on file as a part of the records of the officer making the report, and one copy shall be furnished the official organ of the county for publication as hereinafter provided. Fees, costs, etc. Section 7. In the distribution of all costs among officers to whom this Act applies, both in particular cases or matters and all insolvent costs and all fines, forfeitures and fees which may become due and payable after the effective date of this Act, Rockdale County shall be subrogated to the rights and claims of such officers who, but for this Act, would be entitled to compensation out of any fines, forfeitures and fees, and shall be, after the effective date of this Act, entitled to all funds, monies or emoluments accruing to any of the officers herein named. After the effective date of this Act, when orders on the insolvent fund or other charge or findings are

Page 2431

entered or approved as to the distribution of said funds between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, the same shall be entered and approved in the name of the respective officer for such portion of said monies as he is entitled to for the use and benefit of Rockdale County. The procedure now in force by which officers shall collect the costs, and as to the distribution thereof, shall remain in force but, as herein provided, all such sums shall be collected for the use of Rockdale County and shall be paid monthly into the county treasury by such officer. Section 8. Each of the officers heretofore named shall publish monthly in the official organ of Rockdale County a detailed itemized statement of the monies as prescribed in Section 6 of this Act. The cost of such publication shall be borne by Rockdale County. Monthly statements. Section 9. Notwithstanding any other provisions of this Act, for feeding prisoners confined in the county jail, the sheriff shall receive fees therefor, but only such fees as may be fixed by the Commissioner of Roads and Revenues of Rockdale County. Such sheriff shall not receive any turn-key fees or fees for discharging prisoners. Sheriff's fees. Section 10. Not less than fifteen (15) nor more than thirty (30) days after date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Commissioner of Roads and Revenue of Rockdale County to issue the call for an election for the purpose of submitting this Act to the voters of Rockdale County for approval or rejection. The date of the election shall be set for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The date and the purpose of the election shall be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Rockdale County. The ballots shall have printed thereon the words: For approval of the Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee

Page 2432

basis. Against approval of the Act to place the Sheriff, the Ordinary and the Clerk of the Superior Court of Rockdale County on a salary basis in lieu of a fee basis. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 such election 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 Rockdale County. It shall be the duty of the County Commissioner of Roads and Revenue of Rockdale County to hold and conduct such election. It shall be the duty of the county commissioner of roads and revenue 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 11. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned officer duly authorized to administer oaths Eli M. Walker, who, after being duly sworn, states that he is Representative of Rockdale County and that the above and foregoing notice of intention to introduce local legislation was published in the issues of the 21st, 28th of January and February 4, 1955 in the Conyers News, which is the official organ for Rockdale County. /s/ Eli M. Walker Eli M. Walker. Sworn to and subscribed before me, this 7th day of February, 1955. /s/ Janette Hirsch Janette Hirsch Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. (Seal).

Page 2433

Notice of Intention to Introduce Local Legislation. Georgia, Rockdale County. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill relating to the compensation and allowances of the Sheriff, Clerk of Superior Court, and Ordinary of Rockdale County, Georgia, and to provide for adequate monthly compensation for each of said officers in lieu of the present system of compensation from fees assessed, and for other purposes. This 21st day of January, 1955. Eli M. Walker, Representative, Rockdale County, Georgia. 3TCJa21. Approved February 23, 1955. ROCKDALE COUNTY COMMISSIONER'S SALARY. No. 112 (House Bill No. 454). An Act 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 particularly by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2784) so as to increase the compensation of the commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2784) is hereby amended

Page 2434

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 thirty-six hundred dollars ($3600.00) per annum, plus the sum of twelve hundred dollars ($1200.00) per annum as expense allowance, all of which shall be payable in equal monthly installments from the funds of Rockdale County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned officer duly authorized to administer oaths Eli M. Walker, who, after being duly sworn, states that he is Representative of Rockdale County and that the above and foregoing notice of intention to introduce local legislation was published in the issues of the 21st, 28th of January and February 4, 1955 in the Conyers News, which is the official organ for Rockdale County. /s/ Eli M. Walker Eli M. Walker. Sworn to and subscribed before me, this 7th day of February, 1955. /s/ Janette Hirsch, Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Notice of Intention to Introduce Local Legislation. Georgia, Rockdale County. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill relating to the compensation and allowances of the Commissioner of Roads and Revenues of

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Rockdale County, Georgia, and to provide for an increase in the monthly compensation of said officer, and for other purposes. This 21st day of January, 1955. Eli M. Walker, Representative Rockdale County, Georgia. 3TCJa21. Approved February 23, 1955. EVANS COUNTY TAX COMMISSIONER'S SALARY. No. 116 (House Bill No. 388). An Act to amend an Act approved August 14, 1931, creating the office of Tax Commissioner of Evans County, Georgia, as amended by an Act approved February 19, 1951, to provide for an increase in the salary of the Tax Commissioner of Evans County, Georgia, by amending Section 5 of said Act as amended by the Act approved February 19, 1951, (Ga. Laws 1951, pp. 2586 and 2587), so as to make the salary of the tax commissioner $3,600.00 per year; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 5 of the Act approved August 14, 1931, creating the office of Tax Commissioner of Evans County, Georgia, as amended by an Act approved February 19, 1951, be amended by striking from Section 5 thereof as amended the words and figures twenty-four hundred ($2,400.00) dollars, and inserting in lieu thereof the words and figures thirty-six hundred ($3,600.00) dollars, so that said Section 5 as amended shall read as follows:

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Sec. 5. Be it enacted by the authority aforesaid, that the salary or compensation of said Tax Commissioner of Evans County, Georgia, shall be thirty-six hundred ($3,600.00) dollars per annum, same to be paid monthly upon warrants issued by the Board of Commissioners of Roads and Revenues of Evans County, Georgia. Salary. Section 2. Be it further enacted by the authority aforesaid, that this Act shall when approved become effective as of January 1, 1955. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, 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 an advertisement which was run in said paper in issues of the following dates: January 13th, 20th and 27th, 1955. /s/ Milton B. Beckerman. Sworn to and subscribed before me, this the 29th day of January, 1955. /s/ S. T. Brewton N. P. Georgia, State at Large. (Seal). Clipping Attached. Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia during the session convening on January 10, 1955, for passage of a bill amending the Act creating the office of Tax Commissioner of Evans County, Georgia (Acts 1931, pp. 461-467)

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and Acts amendatory thereof, so as to increase the pay of the tax commissioner. This January 11, 1955. L. P. Strickland, Tax Commissioner, Evans County, Georgia. (12 Approved February 23, 1955. FULTON COUNTY ATTORNEY'S SALARY. No. 126 (House Bill No. 191). An Act to amend an Act, approved March 26, 1947 entitled An Act to provide a law department for Fulton County, to provide the duties of that department, to provide for the appointment, tenure and compensation of the personnel of the law department, and for other purposes (Ga. Laws, 1947, pp. 680-682), so as to increase the compensation of the county attorney; 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 Section 2 of the Act, approved March 26, 1947, entitled An Act to provide a law department for Fulton County, to provide the duties of that department, to provide for the appointment, tenure and compensation of the personnel of the law department, and for other purposes (Ga. Laws 1947, pp. 680-682) be amended as follows: Section 1. By striking the figure $7,000.00 and substituting in lieu thereof the figure $11,000.00, so that said Section 2, when amended, shall read as follows: Section 2. The law department of Fulton County

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shall be under the direction of the county attorney, who shall be elected by the Board of Commissioners of Roads and Revenues of Fulton County for a term of four years except that the term of the first County Attorney of Fulton County to be elected after approval of this bill shall expire December 31, 1950. The county attorney shall receive monthly compensation totaling not less than $11,000.00 per year. The county attorney may be removed from office after conviction by majority vote of all members of the Board of Commissioners of Roads and Revenues of Fulton County of either malfeasance, non feasance or misfeasance in office at public trial on written charges preferred of which charges the county attorney shall have ten days' notice in writing. Sec. 2, Act of 1947, amended. 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 enactement of this law. 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 Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30th days of Dec., 1954, and on the 6th day of January 1955. As provided by law. /s/ Bessie K. Crowell.

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Subscribed and sworn to before me, this 18th day of January, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia. My commission expires July 21, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia, which convenes January 10, 1955, for the passage of local legislation to amend an Act entitled: An Act to provide a law department for Fulton County, to provide the duties of that department, to provide for the appointment, tenure and compensation of the personnel of the law department; and for other purposes (Ga. Laws, 1947, pp. 680-682), and said legislation may contain any matter germane to said Act. Senator Everett Millican. Representative M. M. (Muggsy) Smith. Representative Hoke Smith. Representative Hamilton Lokey. Dec. 16 23 30 Jan. 6 tfn. Approved February 24, 1955. TELFAIR COUNTYSALARY OF COMMISSIONER'S CLERK. No. 127 (House Bill No. 267). An Act to amend an Act of the General Assembly of Georgia changing and fixing the salary of the Clerk of the Commissioner of Roads and Revenues of Telfair County, Georgia, approved February 5, 1952 (Acts 1952, pp. 2041-2042) so as to change, fix and make definite the amount of the salary to be paid the clerk of the commissioner of roads and revenues of said county, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, (notice of the intention to apply to this session of the General Assembly for the passage of this Act having been duly published, a copy of which notice with proof of publication being hereto attached), and it is hereby enacted by authority of the same, that the Act approved February 5, 1952 (Acts 1952, pp. 2041-2042), which Act fixed the salary of the Clerk of the Commissioner of Roads and Revenues of Telfair County, Georgia, be and the same is hereby amended as follows: Section 2. The salary of the Clerk of the Commissioner of Roads and Revenues of said County of Telfair, State of Georgia, beginning January 1, 1955, shall be, and the same is hereby fixed at, the sum of two hundred and fifty dollars ($250.00) per month, the same to be paid at such times and as the Commissioner of Roads and Revenues of said County of Telfair may direct and fix. Salary. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Telfair County. Notice is hereby given that application will be made to the next General Assembly of Georgia for the passage of the following bill: An Act to amend an Act changing and fixing the salary of the Clerk of the Commissioner of Roads and Revenues of Telfair County, Georgia, approved February 5, 1952 (Acts 1952, pp. 2041-2042), so as to change, fix and make definite the amount of salary to be paid the clerk of the commissioner of roads and revenues of said county, and for other purposes. This 30th day of November, 1954. /s/ C. E. Brown, Representative, Telfair County, Georgia.

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Georgia, Telfair County. I, W. L. Bowen, editor publisher of The Telfair Enterprise, a newspaper published in said county at McRae, Georgia, in which the sheriff's advertisements for said County of Telfair are published, do certify that the foregoing notice of local legislation was published in said newspaper in the issues of December 9th, December 16th and December 23rd in the year 1954. Signed and certified to this 7 day of January, 1955. /s/ W. L. Bowen, Editor Publisher of The Telfair Enterprise. McRae, Georgia. Approved February 24, 1955. COBB COUNTYSEWAGE DISTRICTS. No. 128 (House Bill No. 253). An Act to provide for the establishment of sewage districts in Cobb County pursuant to constitutional provisions relative thereto; to provide that the governing authority of Cobb County may establish and administer sewage districts and may operate and maintain sewage disposal systems therein; to provide for an election for a determination as to a tax levy in such districts; to provide for the issuance of bonds; to provide for a tax in the event bonds are issued; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to a constitutional amendment relative to the establishment of sewage districts in Cobb County (Ga. Laws 1952, p. 508) the governing authority of the County of Cobb is hereby authorized to establish

Page 2442

and administer within the bounds of the County of Cobb sewage districts and may, within such districts, create, construct, maintain and operate a system or systems for the disposal of sewage. In establishing such districts, the governing authority may prescribe the boundaries of any such district as they deem advisable. After it has been ascertained as to the desired boundaries of said district, the governing authority shall pass a resolution which shall contain an adequate description of each such district. Districts. Section 2. The governing authority shall then pass an order, directed to the Ordinary of Cobb County, to which shall be attached a copy of the aforesaid resolution, directing him to issue the call for an election for the purpose of determining whether taxes shall be levied in such district for sewage disposal purposes. Election to determine taxes. Section 3. Not less than ten days after the receipt of the aforesaid resolution, the Ordinary of Cobb County shall issue the call for an election for the purpose of determining whether taxes shall be levied in the sewage district for sewage disposal purposes. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. 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 Cobb County. It shall be the duty of the ordinary to compile a list of voters for each sewage district established as aforesaid, and only those voters who are registered for the general election and who reside in said district shall be qualified. The ballot shall have printed thereon the words: For the levy of taxes not to exceed five mills for sewage disposal purposes. Against the levy of taxes not to exceed five mills for sewage disposal purposes. Notice. If a majority of those persons voting in such election in each district vote for the levying of such taxes, then the governing authority of Cobb County shall be authorized to levy such taxes in that district. If a majority of those persons voting in such election do not vote for

Page 2443

the levying of such taxes, then no such taxes shall be levied in that district. The votes in each sewage district shall be counted separately, and the votes in each district shall determine whether such taxes shall be levied in each particular district. Section 4. The Ordinary of Cobb County is hereby authorized to employ the necessary help in compiling the aforesaid list of voters for each district and in conducting such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. The expense of such election shall be borne by Cobb County. Expenses of election. Section 5. In any sewage district which votes for levying such taxes, the governing authority of Cobb County may levy up to five mills on the real property located in such district. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution of Georgia and the statues enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for sewage disposal purposes in the sewage district only in which such funds are collected and not in any other sewage district of Cobb County. Tax limit. Section 6. Bonds may be issued for sewage disposal 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 or body charged with the duty of managing the fiscal affairs of Cobb County, and only those voting in such district shall participate in such election held for that purpose. Bonds may be issued for any district in an amount up to ten percent of the assessed valuation of property located in such district, subject to taxation for bond purposes. In the event bonds are issued by the county for a specific district, a tax may be levied in such district unlimited as to rate or amount. The homestead exemption created by Article VII, Section L, Paragraph IV of the Constitution and the statutes enacted

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pursuant thereto shall not be granted and shall not apply to the levy of such taxes. Bonds. Section 7. The governing authority of Cobb County is hereby authorized to formulate rules and regulations relative to the establishment and administration of such sewage districts and relative to the creation, construction, maintenance and operation of a sewage disposal system or systems in such districts. Rules and regulations. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. Personally appeared before me the undersigned attesting officer, Brooks Smith, publisher of the official organ of Cobb County, Georgia, the Cobb County Times, and certifies that the following was advertised in said newspaper once a week for three weeks during a period of 60 days before the date stated below and on the following dates: 12: 16-25-30 of 1954, as follows: T-1557. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduced at the 1955 session of the General Assembly a bill to provide for the establishment of sewage districts in Cobb County, to provide for the method of establishing said districts; to provide for an election for a determination as to a tax levy in such districts and the procedure, therefore; to provide for the borrowing of money for capital investment by Cobb County or the said districts; to provide for the issuance of bonds and for other purposes. Fred D. Bentley Harold Willingham Raymond Reed. 12: 16-25-30.

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All as provided by law in Georgia Code Sec. 2-1915. This 18th day of January, 1955. /s/ Brooks Smith Brooks Smith. Sworn to and subscribed before me, this 18th day of January, 1955. /s/ Margaret H. Smith Notary Public, Cobb County, Ga. Notarial Seal Affixed. Approved February 24, 1955. ABBEVILLE CHARTER. No. 129 (House Bill No. 263). An Act to incorporate the City of Abbeville, by abolishing the present charter of said city and writing a new charter for the same; to provide for mayor and city council for said city and organize a city government for said city; to define the boundaries of said city; to provide for the election of the officers of said city; to provide for the qualification of the voters in said election and to provide for qualification of the officers of the said city; to provide for making legal all ordinances of said city that now exist under the charter to be found in the Acts of 1897, page 131 and ending on page 145; to give said city through its proper officer all authority to levy all necessary taxes for the maintenance of said city government; to do all things necessary for the development of the said city in every line of good government; to give said city all authority by proper ordinances and resolutions that are not in conflict with the Constitution and laws of the United States nor the Constitution and laws of Georgia; to provide the proof of notice to enact this city charter; and for all other purposes that may be necessary for carrying on said government.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the corporate limits of said city shall extend and are one mile in every direction from the present courthouse as now located therein. That the above described boundaries of said city are hereby incorporated under the name and style of the City of Abbeville, and by that name shall be, and are, the said inhabitants of said area, hereby vested with all the rights, powers, and privileges, incident to municipal corporations in said State, and all the rights, powers, privileges, titles, property, easements and hereditaments heretofore belonging to the City of Abbeville, or the mayor and council thereof, are vested in the present City of Abbeville created by this Act. And the City of Abbeville may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporated seal, make and enact through and by its mayor and council such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to such city council and mayor may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States, and the said City of Abbeville shall be able by law, and is authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain, temporarily or perpetually, for any period of time, any property, real or personal, any estate, lands, tenements and heriditaments of any kind whatsoever, whether within or without the corporate limits of said city, for corporate purposes. Said City of Abbeville, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of the former City of Abbeville, which old charter of said city is hereby repealed. Limits. Incorporation. Section 2. Be it further enacted, any resident of said city, eligible to vote in the election for which he offers, who shall be twenty-one years of age, a freeholder of real estate within the State of Georgia, who shall have been a resident of the State of Georgia for a period of

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twelve months and of the City of Abbeville for six months, shall be eligible to the office of mayor or councilmen of said city, such residence referring to the period immediately preceding the taking of office of such person to the offices named, and in addition to the above requirements he or she shall have paid all taxes due to said City of Abbeville. Qualifications of mayor and councilmen. Section 3. Be it further enacted, that on the first Tuesday in December 1955, and annually thereafter on the same day an election shall be held in said city in manner and place hereinafter provided, for the purpose of electing a mayor and council for said city, whose terms of office shall be two years, or until their successors are elected and qualified. However, three of the councilmen shall be elected each year, and the mayor shall be elected every other year, provided, however, that the present mayor now elected for two years shall hold office until December 1956. The group shall consist of a mayor and six councilmen. Their terms of office shall begin on January 1st following their election. In case no election is held at the regular time provided by this Act, a special election shall be called by the mayor and council to be held on some other day, first giving twenty days notice of such elections by posting notice thereof at the courthouse door in said city and at two other places. A special election may also be called at anytime a vacancy occurs for office of mayor of said city for the unexpired term of said vacancy. Mayor and council; election, terms, etc. Section 4. Be it further enacted, that all elections under the provisions of this charter whether regular or special, and whether for the election of officers or for the submission to the people of said city the question of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, who are bonafide residents of said city, and who shall be appointed by the mayor and council of said city for that purpose. Each of said managers before entering upon his duties, shall take and subscribe, before some officer authorized

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by law to administer oaths, or before one of their number, the following oath: We and each of us, do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, to the best of our skill and power, so help us God. Said managers shall keep or cause to be kept two lists of voters and two tally sheets. All elections shall be held at the city hall or other place designated in said city by mayor and council, and shall be held between the hours of 8:00 o'clock a.m., and 6:00 o'clock p.m., and shall be secret ballot. The three candidates receiving the highest number of votes for the office of councilman shall be declared elected. The candidate for mayor receiving the highest number of votes shall be declared elected. Said managers shall certify two lists of voters and two tally-sheets, and shall place one of each in the ballot box and securely seal the same, and shall forthwith deliver the same to the clerk of the city, who shall keep the same seal unbroken for thirty days, and if no contest is then instituted, shall destroy the same without himself or herself inspecting or permitting anyone else to inspect said ballots. The other tally-sheet and list of voters together with a certificate showing the results of the election and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the city council, held within four days after the date of such election, at which time, and in the presence of said council, he shall open the same and declare the results. If any person desires to contest any election held hereunder, said contest shall be had under the general laws of the State of Georgia governing municipal contests. Elections. Section 5. Be it enacted by the authority aforesaid, that any person who is a citizen and qualified voter of the State of Georgia, has been a bona fide resident of the City of Abbeville for six months, next previous to taking of oath as required, is eighteen years of age, shall be eligible to register in the book labeled Registration book of the City of Abbeville, however, before registration they shall make and subscribe to the following oath; I,, do solemnly swear that I am a citizen

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and qualified voter of the State of Georgia, according to the Constitution and laws thereof, and that I have been a bona fide resident of the City of Abbeville six months, next previous to the signing of the oath. Sworn to and subscribed before me, this day of, 19,Clerk. That if any person shall be a registered voter of the State of Georgia, and shall have their registration in a county other than Wilcox County, Georgia, then, they shall be required to furnish the Clerk of the City of Abbeville with a written statement from the registration officer of the county in which they are registered certifying that they are a registered voter of Georgia, and this must be done on or before the day before election, and if this provision is not complied with, they shall not be allowed to vote in said election. That the clrk of the city council shall keep a book, to be labeled Registration book of the city of Abbeville, in which he or she shall register upon application, in alphabetical lists the names of all persons, who shall qualify as above stated. Such registration book shall be kept open for registration of voters from the time of January 1st before election date until twenty days before each election date. This book shall not be cumulative from election to election, but shall have a new list for each election. Said book shall be present at each election, in charge of the clerk, or, in case of his or her inability to attend for any cause, some suitable elector of said town, to be designated by the mayor, and no person shall vote whose name is not found thereon. Registration. Section 6. Be it further enacted by the authority aforesaid that no candidate for the office of councilmen or mayor shall have his name placed on the ballot unless he or she shall have filed a written notice or his or her intention to be a candidate for said office within the time prescribed for the registration of voters as stated above regulating registration of voters, this notice will be filed with the Clerk of the City of Abbeville, and it is the duty of the clerk to place the names of the candidates on the ballot who have filed their notice within the proper time. Notice of candidacy.

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Section 7. Be it enacted, that before entering upon the discharge of their duties, the persons elected as mayor and councilmen, and each of them, shall take and subscribe before some officer authorized by law to administer oaths or the mayor, the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman, as the case may be) of the City of Abbeville, to the best of my skill and ability, and as shall seem to me the best interest and welfare of said city without fear, favor or affection, so help me God. Oath of mayor and councilmen. Section 8. Be it further enacted, that at any regular or special meeting of the mayor and council, after their election and qualification, said mayor and council shall appoint a clerk, a marshal, or marshals, a city attorney, and other officer or officers as the mayor and council may deem necessary. The mayor and council may prescribe the duties of all such officers, their compensation, and their oaths of office together with such bonds for the faithful carrying out of the same as they may see fit. All said officers shall hold their offices at the pleasure of the mayor and council. City officers. Section 9. Be it further enacted, that the mayor (or mayor pro tem, who shall be elected by the council from their number) and three members of council shall constitute a quorum for the transaction of any business before the council, and a majority of the votes cast shall determine all questions and elections before the council, the mayor, or mayor pro tem., if the latter by presiding, not being entitled to a vote, except in case of a tie. Said mayor and council shall hold their meetings within the limits of said city, at such time and place as they may deem proper. They may fix a time and place for regular meetings, but at any special or called meeting of the body, whether at the regular time and place or otherwise, the mayor and council, shall have just as ample power as at any regular meeting, and may do and perform any of the things, duties and powers that they could do and perform at any regular meeting. Meetings of council. Section 10. Be it further enacted, that during sickness,

Page 2451

absence or disqualification of the mayor, the mayor pro tem. shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. In case of death, removal or resignation of the mayor, or in any other event making the office of mayor vacant, the mayor pro tem, shall immediately become mayor, and shall serve until the end of the regular term for which his predecessor is elected, or until a new mayor shall be elected. Should the mayor pro tem. refuse to act, or be disqualified or unable to assume the duties of mayor, the council shall elect some citizen or one of their number as mayor thereof until a new mayor is elected, provided he is qualified by law to fill said office. If at any time the office of councilman shall become vacant by death, removal, resignation, or otherwise, the remaining mmbers of the council shall elect some citizen of said city, who is qualified by law to fill said vacancy, and such person shall serve for the balance of the vacant term. Mayor pro tem. Vacancies. Section 11. Be it further enacted, that the council shall receive a salary to be fixed by it not to exceed fifty dollars per annum, per member, and that the mayor shall receive a salary to be fixed by the council, not to exceed three hundred dollars per annum; the mayor shall be chief executive officer of said city, and see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers whenever he may deem it necessary for the preservation of the peace and good order of said city. He shall preside at all meetings of the city council and shall have the veto power, and may veto any ordinance, order or resolution of the council, 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, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four councilmen on a yes and nay vote duly recorded in the minutes of said council. It shall be the duty of the mayor to preserve the peace. All city employees

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under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor. He shall have general supervision of the affairs of said city, and shall have authority to convene the council in extra session whenever he deems it proper so to do. He shall have vested in him all the powers and duties as are vested by general law in mayors in the State. Salaries. Mayor's powers and duties. Section 12. Be it further enacted, that the mayor of said city shall try all parties charged with the violation of any ordinance of said city. He is hereby given authority to impose such sentences as is provided by the ordinance of said city and provided for by this charter, and punish for contempt in the exercise of sound legal discretion. Anyone convicted by said mayor shall have a right to appeal his case to the council and a majority of said council shall try said case and render such judgment as they think right according to the merits of the case. Such appeal shall be made instanter and said council shall hear said appeals within thirty days. If said council should find the defendant guilty, he shall have the right to certiorari his case to the Superior Court of Wilcox County, Georgia, under the law as now provided for carrying such cases to the superior court, which is fully stated in the general laws of Georgia. Said mayor shall be ex-officio justice of peace to try any party violating the criminal laws of Georgia within the limits of said city. Said court shall be authorized and empowered to punish for violation of the laws or ordinances of said city by imprisonment in the Wilcox County jail or city jail for a period of not exceeding two months; by compelling the defendant or offender to labor upon the streets of said city or work camps for a period not longer than two months; by a fine not exceeding $100.00 and the cost of the court which fine may be collected by execution, and by any one or more of these punishments, in the discretion of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said court, and shall be entitled to such fees and costs from the losing party as the city council may prescribe. The city attorney

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shall also be an official of the above court, and is subject to call whenever the mayor deems it necessary to have an attorney on hand for the best interest of his court. In addition to the above powers, the mayor shall have power to punish for contempt any person for misbehavior during the holding of his court by fine not to exceed ten dollars or ten days in the city or county jail. Mayor's court. Section 13. Be it further enacted, that all offenders against the laws and ordinances of said City of Abbeville shall be tried in the mayor's court upon a written or printed accusation against the accused, in manner form substantially as follows: I (Marshal or citizen) in the name and behalf of the City of Abbeville charge the accused with the offense of (statin the offense charged) contrary to the laws and ordinances of said city, the good order, peace and dignity thereof. This day of , 19. This accusation shall be signed by the marshal or citizen making the same and the clerk attest the same. The clerk or mayor may then issue a warrant for the arrest of the accused, which warrant shall be directed to the marshal of said city, his lawful deputies, or any arresting officer of Wilcox County. And it is hereby made the duty of any such arresting officer in whose hands said warrant may be placed, to arrest the accused and bring him before said mayor's court; provided that nothing herein contained shall prevent the marshal, or any officer of said city, from arresting without warrant or accusation any person guilty of violating the ordinance or laws of said city, or anyone reasonably suspected of so doing; provided further, that no person so arrested shall be held longer than forty-eight hours unless accusation is made and the accused brought before said mayor's court within that time. Accusations. Arrests. Section 14. Be it further enacted, that the mayor of said city shall have the authority, in his court, to bind over or commit to jail offenders against the criminal law of Georgia, whenever, in the course of investigation before him, a proper case therefore shall be made out by the evidence. Commitments.

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Section 15. Be it further enacted, that in addition to the other powers specially delegated to the city council by this charter, they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to protect places of divine worship in said city; to enact licenses and license fees from persons; firms and corporations as a condition to their engaging business or occupation or profession within the limits of said city, and to provide for punishment of those engaged in business within said city without paying such license or fee or otherwise complying with the laws of said city; to pass all necessary ordinances and by-laws respecting public buildings and grounds, carriages, automobiles, wagons, drays, bicycles, and wells, and for prevention and punishment of disorderly conduct and conduct liable to destroy the peace and tranquility of a citizen or citizens thereof, and every other by law, ordinance and resolution that may seem necessary and proper for the security of the peace, health, order and good government of said city; and to do generally all other acts and things which in the judgment of said council, will improve the morals, health, safety and convenience and general welfare of its citizens, provided that the same are not inconsistent with the laws of this State or the United States. Powers of council. Section 16. Be it further enacted, that the mayor and council of said city are hereby given authority by proper ordinance to levy a business license, or occupation, or business tax upon any individual, firm, or corporation doing business in said city. Also, to levy the business tax upon any individual, firm or corporation non-resident of said city who does a wholesale or retail business in said city. Also to levy a business tax upon theater tickets or other amusements held in said city, but not to exceed ten percent upon the price of said ticket. Business taxes. Section 17. Be it further enacted, that said mayor and council of said city are hereby authorized to pass any ordinance or resolution at the first reading of the same at a session of said council at the first introduction of the same by a majority of the vote of the council, and

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by stating that the same is an emergency and should go into effect at once, and the same be posted at the county courthouse door and at two other places in said city and shall be spread upon the minutes of the said council. No special forms of said ordinance or resolution shall be required, but it shall plainly set forth the measure intended by the same. Passage of ordinances. Section 18. Be it further enacted, that the City Council of Abbeville shall have full power and control over the streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out or widening of streets, alleys or parks, or for the erection thereon of any public buildings necessary for said city or any of its departments, or for the changing of any streets, sidewalks, alleys or driveways, or for any other public purpose; and whenever the city council shall desire to exercise the power granted in this section, it may be done as provided by law in the Code of Georgia, and the same may be done whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, guardian, or other agent or representative, or otherwise as provided by the law of Georgia. Said council shall have full power and authority to remove, or cause to be removed, any building, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, driveways or other public places in said city, and to enforce all the provisions of this section, as well as any other section of this charter by appropriate legislation. Streets, sidewalks, etc. Section 19. Be it further enacted, that said city council shall have full power and authority to grant franchises, easements and rights-of-way, over, in, under and on the public street, lanes, alleys, sidewalks, driveways, or other property of said city on such terms and condietions as said mayor and council may prescribe. Franchises, easements, etc. Section 20. Be it further enacted, that all writs, processes, subpoenas, summons, rules of all kinds, and all executions for any and all kinds of taxes, licenses, fines,

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assessments, forfeitures or demands, assessed by the proper authority or authorities of said city against any person, firm or corporation, or company whatsoever, shall be issued and signed by the city clerk, and shall be directed to the marshal of said city and his deputies, 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, executions, etc. Section 21. Be it further enacted, that all personal property levied upon by virtue of any of the executions or other processes of said city, which shall be within the County of Wilcox at the time of such levy, shall be sold at the door of the county courthouse in said City of Abbeville, after advertising such sale for ten days by written notice posted at two public places in said city, which notice shall designate the day and place of sale, a reasonable description of the property to be sold, and the process under which the same has been levied. When real estate in the City of Abbeville or in the County of Wilcox is levied upon by virtue of any of the processes aforesaid the same shall be sold at the door of the courthouse of said Wilcox County and the sale may be made, and deeds to the property executed, by the marshal of said city or by the Sheriff of said Wilcox County, after having advertised the same in the manner provided for sheriff's sales of land under ordinary executions in this State. In all sales of personal property, the Marshal of Abbeville, or his deputy, shall conuct said sale in manner, as near as practicable, similar to the sales of personal property by constables of this State. All sales, made under the authority of this charter shall be between the hours of 10 o'clock a. m. and 4 o'clock p. m., and to the highest and best bidder for cash. If a claim shall be filed to any personal property so advertised to be sold, the marshal shall return the execution, together with the claim bond and affidavit, to the justice of the 1158th District, G. M. of said county, in which district said city is located, where such claims case shall be tried as other claim cases in justice courts of this State; provided, that if the amount of the execution levied exclusive of cost and interest, shall exceed the sum of two hundred

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dollars, then said marshal shall deliver said execution and said claim papers to the Clerk of the Superior Court of Wilcox County, in which court the same shall be for trial and to be tried as other claims cases in the superior courts of this State. In all matters of levy and claim, the general rules of law as to forthcoming and claim bonds, and other things incident to the same, shall prevail. All claims filed to levy upon real estate shall be returned to and tried in superior court of the county where such realty is located. Levy and sale. Section 22. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of the City of Abbeville, the mayor and council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding during any one year two percent of the value of said property. Ad valorem tax. Section 23. Be it further enacted, that the mayor and council of said city shall have power and authority to provide by ordinance when the taxes due said city shall fall due; in what length of time said taxes shall be paid; when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due; to provide for the receiving of returns of property for taxation, for the appointment of assessor or assessors, and any and all other officers that they may deem necessary for the purpose of collecting any of the taxes herein allowed; to prescribe the duties of such assessors and other officers; and otherwise to make full and ample provision, not inconsistent with the laws of Georgia or the United States, for the enforcement and collection of any and all taxes that may become due to said city. All such provisions shall be as legal and binding upon the citizens of said city as if the same were incorporated as a part of this charter. Said tax assessors shall on each and every year place the value on all property in said city as to its value on the first day of every and each year. Said tax assessors may assess all property at its market value on the first day of each and every year.

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That in case where real estate in the City of Abbeville is not returned for taxation or in any case where the owner or owners of any real estate are unknown, the tax assessing authority of said city may assess the property in rem, and execution therefor shall issue in rem, and the enforcement and collection thereof, shall in all respects be the same as is now provided by law for the levy, sale, and collection of taxes, due said City of Abbeville. The Marshal of the City of Abbeville shall have the authority to place the purchaser of property conveyed by a tax deed in possession of the premises of property so purchased, upon a written demand by said tax deed owner, after the expiration of the redemption time now fixed by law or the redemption time that may be hereafter fixed by law. Tax procedure. Section 23-A. Be it further enacted, that the City of Abbeville may, and is hereby authorized to issue its bonds, for erection of any public building or other improvements that may be needed in said city under the provisions of the law now existing for cities to issue bonds. Bonds. Section 24. Be it further enacted, that any election held under the provisions of the preceding section of this charter and in accordance with the general laws of the State now in force, shall be conducted in the same manner and under the same rules as are provided in this charter for the election to be held for mayor and councilmen. The ballots cast at such election shall contain the words For bonds or Against bonds. All persons entitled to vote for mayor and councilmen of said city shall 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 shall 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; shall not be sold under par value; and shall be in such denominations as the mayor and council may prescribe; and said bonds shall provide that

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the interest thereon shall be paid annually or semiannually, as may be deemed most advantageous to the city in the judgment of the city council and mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the mayor and council shall proceed to issue the same in manner and form usual to municipal bonds, the principal bonds to be signed by the mayor and clerk, and the interest coupons to be signed by the clerk, and, provided, that the signature of said clerk may be engraved or stamped upon said coupons, facsimile. Said bonds shall be exempt from taxation by the City of Abbeville 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 by 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. Section 25. Be it further enacted, that the mayor and council of said city are hereby fully authorized and empowered to pass all such ordinances, orders, rules and regulations as they may deem necessary for the health and comfort to the citizens of said city. They may provide such health officers as they may deem proper, prescribe their duties and powers, and what remuneration they shall receive. And such health officer or officers, shall have and exercise all such powers and privileges as may be vested in him by said mayor and council by ordinance. Welfare powers. Section 26. Be it further enacted, that the mayor and council are hereby authorized to adopt all such ordinances, not in conflict with the laws of this State or the

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United States, as may be necessary to enforce any of the provisions, of this charter, or any rights and privileges as are usually vested in municipal corporations in this State; provided, that should any provision, or provisions, of this charter be in conflict with or in violation of any general law of this state, the former shall be of no effect. Ordinances. Section 27. Be it further enacted, that the Mayor and Council of Abbeville are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the City of Abbeville, where the same has not been paid, and to that end, as soon as this Act shall go into effect, may cause, by motion, the city clerk to issue execution for the same as herein before provided; and they may punish, as herein before prescribed, any person who shall have failed to pay to the City of Abbeville any taxes due. Collection of taxes. Section 28. Be it further enacted, that the mayor and council of said city are hereby authorized and empowered to use and expend any part or parcel of the moneys collected by the taxation for the erection of any buildings, or for any public improvement or purpose. Expenditures. Section 29. Be it further enacted that all ordinances and laws of the City of Abbeville in force at the time the charter of said City of Abbeville was abolished shall be and remain in full force and effect until the City Council of the City of Abbeville shall abolish or repeal the same; provided the same shall not be in conflict with the provisions of this Act. Existing ordinances. Section 30. Be it further enacted, that the mayor and council of said city are authorized to establish a city park or playgrounds in said city for the purpose of improving the health and pleasure of its citizens, or visitors of said city. Parks and playgrounds. Section 31. Be it further enacted, that said mayor and council are authorized and directed to zone said

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city for any and all purposes, such as fire zones and other necessary things for the betterment of said city. Said city by its proper authority shall require building permits for erection of any and all buildings in said city. Zoning. Section 32. Be it further enacted, that in order to protect the health of the inhabitants of said city and keep the city in a decent and presentable condition, the mayor and councilmen of said city shall have the authority to require all owners of real estate within the city to keep same free of standing water, grass, weeds, trash, and rubbish, and may be permitted to pass an ordinance providing for a penalty for the failure to do so; said mayor and councilmen may also provide for having such property cleared, when the owner or owners refuses to clear same or the owner is unknown, the expense to be borne by the owner or owners of such property; executions may be issued against the property and owners or in rem against the property if the owner is unknown, for such expense together with the cost of the execution, and sales may be had under such executions, and title conveyed, as in tax sales herein authorized. Health protection. Section 33. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite, or other combustible, or explosive material or substance within the limits of said city; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, and Roman candles; and to regulate or prevent the firing of guns and pistols; and to regulate or prevent every kind of gaming or hunting within the corporate limits of said city. Dangerous things and substances. Section 34. Be it further enacted, that the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city, and the power and authority to impound

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such animal or animals when found at large in said city, and the power and authority to charge such fees for same as they may prescribe, and to charge also for the keep of such animal or animals so impounded. Also, when the owner or owners of such animal or animals shall fail or refuse to pay the impounding fee and cost of keeping such animal or animals, such animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping such animal or animals under such rules and regulations as may be prescribed by the mayor and councilmen of said city. And the mayor and councilmen of said city shall have the power and authority to prevent and prohibit the keeping of goats and hogs within the limits of said city, or to regulate the manner in which they may be kept or allowed to remain; and they shall have the power to levy a tax on each dog in said city, not to exceed one dollar per year, and to enforce the payment of said tax as the payment of other taxes are enforced, and they shall have the right to pass ordinances and the power to enforce same, and requiring the inoculation of all dogs in said city against rabies and requiring the police officer or officers of said city to impound or kill any dog or dogs which have not been so inoculated or for which the tax has not been paid. Animals. Section 35. Be it enacted, that the City of Abbeville is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons, residents in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operations of said water system and to fix from time to time the rates charged for water, with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service to any delinquent consumer, until such consumer has paid all amounts due, together with any penalty prescribed. Water. Section 36. Be it further enacted, that the City of

Page 2463

Abbeville is authorized to own and operate a gas system for supplying gas for all purposes to all persons, residents in said city. This power shall include the right to contract for the purchase of gas. And to supply gas to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operations of said gas system and to fix from time to time the rates charged for gas, with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for gas and shall have the right to require reasonable deposits as well as the power to discontinue service to any delinquent consumer, until such consumer has paid all amounts due, together with any penalty prescribed. Gas. Section 37. Be it further enacted, that the notice of local legislation to provide for this charter was published in The Wilcox County Chronicle, the official newspaper of Wilcox County, Georgia, in three issues of said paper, namely, December 23rd, 30th, 1954 and January 6th, 1955 and the same is sworn to by the editor or publisher of said paper. Section 38. Be it further enacted, that the Mayor and Council of the former City of Abbeville, to wit: C. W. Gillespie, Mayor; C. C. Fulghum, J. N. Doster, Jack C. Hammond, David E. Morgan Jr., W. G. Burnham, and J. B. Dorsey, Councilmen; be, and they are hereby made the Mayor and Councilmen of the City of Abbeville for the remainder of the term for which they were elected, and they shall continue in office until their successors are elected, qualified and installed, as herein before provided; and they and successors and associates shall have and exercise all the rights, powers and duties conferred by law upon the Mayor and Council of said City of Abbeville. Incumbent mayor and councilmen. Section 39. Be it further enacted, that all laws and parts of laws that would conflict with this Act be, and the same are repealed.

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I, F. A. Jones, Sr., being first duly sworn, on oath say that I am editor of the Wilcox County Chronicle, a weekly newspaper and the official organ of Wilcox County, Georgia, in which sheriff's advertisements are published, and that the foregoing is a true and corrent copy of a notice to apply for legislation which notice appeared in said newspaper in issues dated December 23rd, 30th, 1954 and January 6th, 1955, to wit: Georgia, Wilcox County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An act to incorporate the City of Abbeville, by abolishing the present charter of said city and writing a new charter for the same; to provide for mayor and council for said city and organize a city government for said city; to define the boundaries of said city; to provide for the election of the officers of said city; to provide for the qualification of the voters in said election and to provide for qualification of the officers of said city; to provide for making legal all the ordinances of said city that now exist under the charter to be found in the Acts of 1897, page 131 and ending on page 145, and amendments thereto; to give city through its proper officers all authority to levy necessary taxes for the maintenance of said city government; to do all things necessary for the development of said city in every line of good government; to give said city all authority by proper ordinances and resolutions that are not in conflict with the Constitution and laws of the United States nor the Constitution and laws of Georgia; to provide the proof of notice to enact this city charter; and for all other purposes that may be be necessary for carrying on said government. This 21st day of December, 1954. D. E. Turk, Representative, Wilcox County, Georgia /s/ F. A. Jones, Sr.

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Sworn to and subscribed before me this 22 day of January, 1955. /s/ David E. Morgan, Jr. Notary Public. My commission expires Sept. 13, 1958. Seal Affixed. Approved February 24, 1955. SAVANNAH AIRPORT COMMISSIONAMENDMENTS. No. 130 (House Bill No. 317). An Act to amend an Act approved February 12, 1952, entitled An Act to amend an Act approved February 18, 1949, entitled `An act to amend the charter of the Mayor and Aldermen of the City of Savannah, etc.' and creating a Savannah Airport Commission, etc. which Act repealed certain sections of the 1949 Act creating a Savannah Airport Commission provided for the membership of said commission, powers of said commission, their compensation, time of submission of their budget, contributions from the City of Savannah up to $40,000.00 etc; and for other purposes; to eliminate the compensation of the members of said commission to repeal sections 8, 9, 10, 11, and 17 of the aforesaid Act of 1952, to change the composition of said commission, and the qualifications and terms of the members thereof, to authorize said commission to utilize the services of the legal department of the City of Savannah, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly approved February 12, 1952, entitled An Act to amend an Act approved February 18, 1949, creating a Savannah Airport Commission, to fix the amount of funds to be contributed

Page 2466

by the Mayor and Aldermen of the City of Savannah to the Savannah Airport Commission annually, etc. as set forth in Georgia Laws 1952, pages 2309 to 2316 inclusive, is hereby amended as follows: Act of 1952 amended. Section 1. Be it enacted that Sections 8, 9, 10, 11, and 17 are hereby repealed and stricken in their entirety. Section 2. Be it enacted that (Section 2), Sections 4 and 5, are hereby repealed and stricken in their entirety and the following sections inserted in lieu thereof which new sections shall read as follows: (Section 2) Be it further enacted that the Savannah Airport Commission shall be composed of five members. The terms of the present members shall be abolished and the present membership disbanded as of the time of the approval of this Act. At that time the mayor and aldermen shall name new members. The new members shall serve initial terms as follows: One member shall serve for a term of five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one for one (1) year. All subsequent appointments shall be by the Mayor and Aldermen of the City of Savannah for a term of five (5) years. Any person appointed to fill a vacancy in an unexpired term shall serve only for the unexpired term. Any member otherwise qualified hereunder shall be eligible for re-appointment. The members of said commission shall elect a chairman, vice-chairman, and secretary. The members of said commission shall be citizens of the State of Georgia, and residents of Chatham County. No person shall be eligible for membership on the commission who, at the time of the approval of this Act, or at any time within one year prior to the approval of this Act, holds or shall have held any remunerative public office or position or any employment for compensation, except as an independent contractor, with the United States, the State of Georgia, or any political subdivision of either; and no future member, at the time of his appointment, nor within one year prior thereto, nor during his term of membership, shall hold any such office, position or employment. Members.

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Section 4: Be it further enacted that said commission is authorized and empowered to utilize the services of the legal department of the City of Savannah. Legal services. Section 5: Be it further enacted that said commission shall meet at least once a month. Meetings. Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or applications of this 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 4. Be it further enacted that all laws and parts of laws in conflict with this act are hereby repealed. Section 5. 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. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Helen Pope 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

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Notice of Intention to Apply for Legislation. State of Georgia, Chatham County.Notice is hereby given of the intention to apply for legislation to implement the provisions of the Constitution of the State of Georgia, creating the Savannah District Authority as a constitutional authority, to provide, as contemplated by said constitutional provisions, for the appointment and eligibility of the members of said constitutional authority, to provide for the filing of vacancies on said constitutional authority, and to abolish its advisory board; to amend the Acts, and those amendatory thereto, creating an Industrial and Domestic Water Supply Commission, to revoke the authority of said commission to pay a salary of $150.00 to the chairman of the Water Committee of the Mayor and Aldermen, to revoke the authority of said commission to employ an attorney, to provide that legal services for said commission shall be supplied by the city legal department, and to provide for the eligibility of the members of said commission; to amend the Acts, and those amendatory thereto, creating a Savannah Airport Commission, to revoke any requirement for the City of Savannah to pay over to said commission up to $40,000.00, to reduce the compensation of the members of said Commission from $20.00 to $10.00 per meeting, to abolish the right of said commission to elect an attorney, to provide that legal services for said commission shall be supplied by the city legal department, to provide that any salary for the chairman of said Commission shall be approved by the Mayor and Aldermen, to change the composition of said commission, and the qualifications and terms of the members thereof, and for other purposes. Edwin Maner, Jr. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of Jan. 8-15-17, 1955. /s/ Helen Pope.

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Sworn to and subscribed before me this 24th day of January 1955. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal) Approved February 24, 1955. COBB COUNTY TREASURER'S COMPENSATION. No. 132 (House Bill No. 131). An Act to increase the compensation of the Treasurer of Cobb County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective on the first day of the month following the month in which this Act is approved or otherwise becomes a law, the compensation of the Treasurer of Cobb County shall be $5,280.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Compensation. Section 2. 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 and The Marietta Daily Journal, who deposes and says that the following and attached notice of intention to apply for passage of a local bill, amending an Act of the General Assembly of Georgia, as amended, so as to change the compensation of the Treasurer of Cobb County as now fixed in such Acts; and for other purposes, was published in the Cobb County Times in its editions of December 23 and 30, 1954, and January 6,

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1955, and in The Marietta Daily Journal in its edition of January 6, 1955: T-1579. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1955 session of the General Assembly of Georgia, a bill to amend an Act of the General Assembly of Georiga, approved February 25, 1949 (Ga. Laws 1949, pp. 2009-2011), as amended by an Act of the General Assembly approved on February 8, 1951 (Ga. Laws 1951, pp. 2286-2287), so as to change the compensation of the Treasurer of Cobb County as now fixed in such aforesaid Acts; and for other purposes. This 22nd day of December, 1954. Fred D. Bentley, Raymond M. Reed, Harold S. Willingham, Representatives, Cobb County. 12: 23-30; 1-6 T-1: 6 J Deponent further says that the Cobb County Times and The Marietta Daily Journal are newspapers of general circulation in Cobb County, Georgia, the Cobb County Times being published weekly and The Marietta Daily Journal being published daily except Saturday; and that the Cobb County Times was the newspaper in which the sheriff's notices for the county were published for the calendar year 1954; and that The Marietta Daily Journal is the newspaper in which the sheriff's notices for the county are being published for the calendar year 1955. This 15th day of January, 1955. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times and The Marietta Daily Journal.

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Sworn to and subscribed before me this 15th day of January, 1955. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal) Approved February 24, 1955. ORDINARY'S DEPUTIES AND EMPLOYEES IN CERTAIN COUNTIES. No. 133 (House Bill No. 297). An Act to amend an Act of the General Assembly of Georgia, approved March 11, 1953, as contained in Georgia Laws January-February session, 1953, pp. 3213, et sequitur, 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

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any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to their respective offices; to abolish county police in such counties, except as shall be done through the sheriff's office in such counties; to fix the compensation of the members of the board of roads and revenues of such counties; to fix the salary of the county attorney of such counties and to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; and for other purposes., by striking therefrom Section 6, relating to ordinary's deputies and assistants, in its entirety, and inserting in lieu thereof a new section. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act, that Section 6 of the Act referred to above, reading as follows: Section 6. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the ordinary's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the ordinary from time to time, at an amount not to exceed the following: 1 Clerk of court of ordinary $302.50 per month; 1 Deputy clerk-stenographer 253.13 per month; 1 Clerk-stenographer 236.25 per month; 2 Typists 225.00 per month; All of whom shall be named from time to time by the ordinary of such county and all and each of them shall serve at the will of the ordinary and be discharged by such ordinary, without any claim from any unearned salary or salaries., be, and it is hereby, stricken in its entirety, and that a new Section 6, reading as follows: Section 6. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the ordinary's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the ordinary from time to time, at an amount not to exceed the following, except as the same may be modified in accordance with the provisions of the following paragraph: 1 Clerk of court of ordinary (Office manager and bookkeeper) $360.00 per month; 1 Deputy clerk 300.00 per month; 1 Deputy clerk 275.00 per month; 2 Deputy clerks 250.00 per month;" be, and it is hereby, substituted and inserted in lieu of said original Section 6. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed, and provided that this Act shall be construed as fixing such salaries from January 1, 1955, and if any part of this Act should be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. /s/ R. Lee Chambers, R. Lee Chambers, Representative, Richmond County. /s/ W. W. Holley William W. Holley, Representative, Richmond County.

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/s/ Carl E. Sanders, Carl E. Sanders, Representative, Richmond County. Approved February 24, 1955. BANKS COUNTY COMMISSIONERSAMENDMENTS. No. 142 (House Bill No. 568). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenue for Banks County; to define their powers and duties and prescribe their qualifications; to provide for their elections, the term for which they shall be elected, and for other purposes, pertaining to county matters., approved August 19, 1916 (Ga. Laws 1916, p. 349), as amended, particularly by Acts approved August 9, 1920 (Ga. Laws 1920, p. 440) an Act approved February 26, 1941 (Ga. Laws 1941, p. 740), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 909), so as to provide for the manner of election of the members of said board; to provide for the election of members of said board from and by the entire county; to provide for compensation of the chairman and members of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Banks County; to define their powers and duties and prescribe their qualifications; to provide for their elections, the term for which they shall be elected, and for other purposes, pertaining to county matters., approved August 19, 1916 (Ga. Laws 1916, p. 349), as amended, particularly by Acts approved August 9, 1920 (Ga. Laws 1920, p. 440), an Act approved February 26, 1941 (Ga. Laws

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1941, p. 740), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 909), is hereby amended by striking Section 1 in its entirety and in lieu thereof inserting the following: Section 1. A board of county commissioners of roads and revenue, consisting of three members, for the County of Banks is hereby created. Said Commissioners shall be freeholders and qualified voters of said county and shall have been bona fide residents of Banks County two years next preceding the date of their election. Board; members. Section 2. Said Act is further amended by striking Section 3 in its entirety and in lieu thereof inserting the following: Section 3. The Commissioners of Roads and Revenue of Banks County shall be elected from the county at large as are other county officers without regard to commissioner road districts. Any person desiring to offer for election as chairman of said board shall specify that he is offering for election as chairman when qualifying. The person receiving the highest number of votes of those persons running for chairman shall be elected chairman of the board. Any person offering for election as a member of said board shall so designate upon qualifying. The two persons receiving the highest number of votes of those persons offering for election as a member of the board shall be elected as the two members of the board other than the chairman. Election. Section 3. Said Act is further amended by striking Section 8 in its entirety and in lieu thereof inserting the following: Section 8. The chairman of said board shall receive a salary of $100.00 per month. The other two members of said board shall receive a salary of $50.00 per month. Said sums to be paid from the funds of Banks County monthly. The members of said board shall receive no other or further compensation for their services as commissioners. Salaries.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Pursuant to Section 47-801 of Code of Georgia Annotated, notice is hereby given that I will introduce at the January session 1955 of the General Assembly of Georgia a bill to amend An Act of the General Assembly of Georgia, of August 1916, (Ga. Laws 1916, pp. 349-353) creating the Board of Commissioners of Roads and Revenue for the County of Banks so as to provide that the members of said board, including the chairman, shall be elected by a vote of the qualified voters of the entire county, to fix their salaries and for other purposes. Said members including the chairman to be nominated and elected as other county officers are nominated and elected in the year 1956, and their term of office to begin January 1st, 1957that is their terms to begin at the end of the present members of said Board of Commissioners of Roads and Revenue for the County of Banks. This 18th day of November 1954. Tom Martin, Representative, Banks County, Georgia. Advertisement. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Martin, who, on oath, deposes and says that he is Representative from Banks County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County Journal, which is the official organ of Banks County, on the following dates: January 28, February 4 and February 11, 1955. /s/ Tom Martin, Representative, Banks County.

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Sworn to and subscribed before me, this 11 day of Feb., 1955. /s/ Frank H. Edwards, Notary Public Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Notarial Seal Affixed). Approved March 3, 1955. NEWTON COUNTY COMMISSIONER'S SALARY. No. 145 (House Bill No. 569). An Act to amend an Act entitled An Act to repeal an Act of Georgia Laws 1919, pp. 707-709, inclusive, approved August 18, 1919, to provide a board of directors for said county, and one commissioner in lieu of five as now provided, to fix the salary of said commissioner and of said board of directors, and for other purposes, approved July 27, 1923 (Ga. Laws 1923, p. 305), so as to provide a salary for the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act entitled An Act to repeal an Act of Georgia Laws 1919, pp. 707-709 inclusive, approved August 18, 1919, to provide a board of directors for said county, and one commissioner in lieu of five as now provided, to fix the salary of said commissioner and of said board of directors, and for other purposes, approved July 27, 1923 (Ga. Laws 1923, p. 305) is hereby amended by striking Section 5 in its entirety and in lieu thereof inserting the following: Section 5. The salary of the commissioner shall be five thousand ($5,000) dollars per annum, to be paid

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in equal monthly installments from the funds of Newton County. Salary. Section 1-A. The provisions of this Act shall be effective as to any salary paid after January 1, 1954. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia bills relating to the compensation of the County Commissioner, and the County Treasurer of Newton County. This 26th day of January 1955. W. C. Ivey, Representative, Newton County. 3TCJa27. Georgia, Newton County. Personally appeared before me, a notary public, the undersigned, Belmont Dennis, who, on oath, says that he is the publisher of the Covington News, Weekly Edition, a newspaper published in the City of Covington, Georgia, being of general circulation and being the legal organ for the County of Newton, who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation, was duly published once a week for three weeks as required by law, said dates of publication being January 27, February 3, and February 10, 1955. /s/ Belmont Dennis. Sworn to and subscribed before me, this 10th day of Feb., 1955. /s/ Arthur Henderson, Sr. Notary Public, Newton County, Georgia. My commission expires August 6, 1958. (Seal). Approved March 3, 1955.

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PLUMBING REGULATIONS IN CERTAIN COUNTIES. No. 146 (House Bill No. 497). An Act to provide that the govening authorities of certain counties may charge for inspections, require permits, set up a code, and provide rules and regulations for the installations of plumbing in said counties; to provide for a plumbing board; to provide for the appointment for its members; to define the duties of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of all counties in this State having a population of not less than 135,000 and not more than 150,000 according to the United States census of 1950 or any future census are hereby given authority to provide for fees for the inspection of said plumbing installations, to establish a plumbing code for said counties setting forth minimum requirements, and to require a permit issued by said counties before commencing work on any jobs in said counties. Counties in which applicable. Section 2. The county commissioner or commission of any such county is hereby authorized to appoint a plumbing board for said county, composed of five citizens of said county, two of whom shall be shop owners of the plumbing trade. Two shall be appointed for a term ending January 1, 1957, and the other three appointed for terms ending January 1, 1959, and their successors appointed for four year terms. Board. Section 3. The plumbing board of said county shall make recommendations to the county commission or commissioner of said county as to the charges to be made for inspections on certain jobs and set forth a description of same, recommend a plumbing code for the county setting forth minimum requirements for the installations of plumbing, and pass upon violations of said code and

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make recommendations to the commission or the commissioner. Recommendations of board. Section 4. Upon recommendations by the plumbing board of said county, the county commission or the commissioner of said county be authorized to adopt appropriate ordinances and resolutions placing said building codes, permits and inspection fees into effect. Ordinances to cover. Section 5. All fees collected pursuant to the fixing of same by the county commissioner shall be paid into the general fund of said county. The county commissioner shall fix the compensation for board members not to exceed $10.00 per meeting. Fees. Section 6. The county commission or commissioner of said county shall have the right to refuse to issue permits to any plumber or plumbing concern who violates said code upon the recommendation of the board, after a hearing has been given to the person who has made such violation or is charged with making such violation. Violations. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he 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 DeKalk who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 23, 30th, 1954 and January 6th, 1955. The DeKalb New Era /s/ W. H. McWhorter, W. H. McWhorter, Managing Editor.

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Sworn to and subscribed before me, this 7th day of February, 1955. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Notice of Legislation. Notice is hereby given that legislation will be introduced at the next session of the General Assembly which meets at Atlanta, Georgia, on the 10th of January, 1955, for the purpose of establishing a plumbing board for DeKalb County and for the establishment of rules and regulations regarding plumbers and plumbing, and for other purposes. Pierre Howard, Attorney. 12-23-3t. Approved March 3, 1955. EAST POINT PARKING AUTHORITY. No. 147 (House Bill No. 544). An Act to create the East Point Parking Authority which shall have perpetual succession as a public corporation and political subdivision of the State, for the purpose of relieving vehicular traffic congestion within the City of East Point, by providing for the acquisition, construction, operation, maintenance and repair of public parking areas and public parking buildings; to provide for the organization, government, control and operation of said Authority by a board of five commissioners; to vest in such Authority certain rights, powers and jurisdiction, including the right and power to acquire real and personal property by

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exercise of the power of eminent domain, and granting unto such Authority certain privileges, immunities and exemptions, and imposing on such Authority certain duties and obligations; to fix the terms of office of commissioners of said Authority, and define their powers and duties, and provide for their qualifications, appointment, and compensation; to authorize said Authority to contract with others pertaining to off-street parking; to provide for the financing of such Authority by the issuance and sale of revenue-anticipation certificates or bonds payable solely from charges, fees, rentals and other revenues of said Authority; to authorize the collection and pledging of such charges, fees, rentals and other revenues or such part thereof as may be necessary for the payment of such revenue-anticipation certificates or bonds and the interest thereon; to authorize the execution of such trust indentures, deeds to secure debt and mortgages as may be necessary to secure such revenue anticipation certificates or bonds; to authorize the issuance and sale of refunding revenue-anticipation bonds or certificates; to provide that no debt against the City of East Point, the County of Fulton or the State of Georgia shall be incurred in the exercise of any of the powers granted by this Act; to provide that said revenue-anticipation certificates or bonds of said Authority shall be exempt from taxation as provided by law; to provide that revenue-anticipation certificates or bonds of said Authority shall be legal investment for trust funds and for all other purposes; to provide that property of said Authority shall be held and deemed to be public property exempt from taxation, and shall not be used for the purpose of private or corporate profit or gain; to authorize said Authority to adopt by-laws, rules and regulations for the regulation and conduct of its business and to adopt an official corporate seal; to provide that such Authority shall have such other rights, powers, obligations and authority as may be necessary or appropriate for proper and successful accomplishments of the objects and purposes of such Authority, including the rights, powers, authority, obligations,

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duties and liabilities to employ engineers, lawyers, architects, contractors and other necessary help and to sue and be sued, and to plead and be impleaded; 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 East Point Parking Authority Act. Section 2. There is hereby created in the City of East Point a public corporation which shall be a political subdivision of the State of Georgia and which shall be known as the East Point Parking Authority, and by that name, style and title said corporation may contract and be contracted with, sue and be sued, plead and be impleaded, complain and defend in all courts of law and equity, which Authority shall consist of five members appointed by the governing authority of the City of East Point, each for a term of five years and until his successor is appointed and qualified, but whose terms of office shall be staggered so that only one shall expire in each year, and provided that the term of one of the first five members shall expire on Tuesday next after the first Monday in January in each of the years 1956 to 1960 inclusive, the governing authority of said City of East Point indicating the term for which each of the first five members is appointed. Vacancies in the office of a member resulting from death, resignation, abandonment or other cause shall be filled for the unexpired term by the governing authority of said city. 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 by-laws, rules and regulations for its own government. It shall have perpetual existence. Members; terms, etc.

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Section 3. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the East Point Parking Authority created by Section 2 of this Act. Definitions. (b) The words project, facilities, and parking facilities shall mean public parking areas, public parking buildings, acquisition of all necessary and usual properties, and the construction, maintenance, improvement, operation, extension and equipment of all necessary public parking areas, and of public parking buildings within the City of East Point. (c) The terms cost or cost of project shall embrace all costs of all lands, properties, rights, easements and franchises acquired and of all services, construction, and equipment, as well as financing charges, interest on the certificates or bonds prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal services and court costs, and cost of plans and specifications, and other necessary expenses of determining the feasibility and 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 as such may be paid or reimbursed out of the proceeds of revenue certificates or bonds issued for such project under the provisions of this Act. Same. (d) The terms revenue certificates or 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

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Authority the issuance of which are hereinafter specifically provided for in this Act. Section 4. The Authority shall have power: (a) To adopt and have a corporate 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; Powers. (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, 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 property condemned under this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; 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 title to such lands to the Authority for and in behalf of the State upon payment of the reasonable value of such lands to the State Treasurer, for the credit of the general fund of the State, such value to be determined by

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three appraisers to be agreed upon by the Governor and the Chairman of the Authority; 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 County of Fulton, the Chairman of the Commissioners of Roads and Revenues of Fulton County is hereby authorized to convey title to such lands to the Authority for and in behalf of Fulton County upon payment of the reasonable value of such lands to Fulton County for the credit of the general fund of said county, such value to be determined by three appraisers to be agreed upon by the Chairman of the Board of Commissioners of Roads and Revenues of Fulton County and the Chairman of the Authority; 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 Fulton County Board of Education, the Chairman of the Fulton County Board of Education is hereby authorized to convey title to such lands to the Authority for and in behalf of Fulton County Board of Education upon payment of the reasonable value of such lands to the Fulton County Board of Education for the credit of the general fund of said Fulton County Board of Education, such value to be determined by three appraisers to be agreed upon by the Chairman of the Fulton County Board of Education and the Chairman of the Authority; 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 City of East Point, the Mayor of the City of East Point is hereby authorized to convey title to such lands to the Authority for and in behalf of the City of East Point upon payment of the reasonable value of such lands to the city treasurer for the credit of the general fund of said city, such value to be determined by three appraisers to be agreed upon by the mayor and the chairman of the Authority; Acquisition of property. (d) To select, appoint, and employ officers, agents and employees, including engineers, architects, attorneys, construction experts and fiscal agents, and to fix their compensation; (e) To make contracts and execute all written instruments

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necessary or convenient, including contracts or purchase or for construction of public parking areas and/or public parking buildings, hereinafter referred to as parking facilities, and contracts with respect to the use of parking facilities which it causes to be acquired, erected, or constructed, and all persons, firms and corporations, and all political subdivisions, departments, institutions and agencies of the State are hereby authorized to enter into contracts, leases and 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, counties, boards of education, and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of parking facilities and related services and facilities by the Authority to such municipal corporations, counties, and boards of education for a term not exceeding fifty (50) years. Powers. (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage public parking facilities as hereinabove defined, the cost of any such facilities to be paid in whole or in part from the proceeds of revenue certificates or bonds of the Authority, or from such proceeds and any grant from the United States of America, this State, or any agency or instrumentality of either or both; (g) To accept loans and/or grants of money and/or materials or property of any kind from the United States of America, this State, or any agency or instrumentality of either or both, upon such terms and conditions as may be imposed; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue certificates or 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

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corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (j) To do all other things necessary or convenient to successfully carry out and execute the powers and accomplish the purpose and objective of 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 certificates or bonds of the Authority in a sum not to exceed five hundred thousand dollars ($500,000.00) outstanding at any one time for the purpose of paying all costs of acquiring all properties and of construction of such parking facilities and equipping the same. The principal and interest of such revenue certificates or bonds shall be payable solely from the special fund herein provided for such payment. Each issue of such bonds shall bear interest payable semi-annually at such rate or rates as the Authority shall determine but not exceeding five per centum (5%) per annum. The principal of such bonds shall mature at such time or times not exceeding 30 years from their date or dates, and 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. Revenue certificates or 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, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for

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the registration of any coupon bond as to principal alone or as to both the principal and interest. Form, 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 of the same as if he had remained in office until such delivery. All such bonds shall be dated, signed by the chairman of the Authority, and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as shall be duly authorized or hold the proper office at the time the actual execution of such bonds although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Signatures, seal, etc. Section 8. All revenue certificates or 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; 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 such computation the amount of any premium to be paid on redemption of any bond prior to maturity. Sale.

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Section 10. The proceeds of such bonds shall be used solely for the payment of the cost of properties and construction of parking facilities and equipping the same, 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 such bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Interim receipts. Section 12. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Mutilated or lost 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 parking facility. 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. Resolutions to issue. Section 14. Revenue bonds issued under the provisions

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of this Act shall not be deemed to constitute a debt of the City of East Point, the County of Fulton, or the State of Georgia, 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 require the levy of any form of taxation therefor, nor any appropriation by said city, county or State for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. From what fund payable. 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 properties, the construction of public parking facilities, the maintenance, operation, repair and insurance of same, and the custody, safeguarding and application of all monies, and may also provide that siad public parking facilities 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 depository 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.

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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 indentures may be treated as a part of the cost of maintenance, operation and repair of the public parking facilities 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 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, rents, and earnings derived from any particular project or public parking area or building, regardless of whether or not such fees, rents, earnings, or revenues were produced by a particular project or public parking area or building, 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 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

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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 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 provisions of the resolution authorizing 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 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, rents, 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 when it is deemed necessary or prudent 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,

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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 Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive original jurisdiction of such actions. Venue of actions. Section 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 of the parking facilities 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 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 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

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compete with the Authority to such an extent as to affect adversely the interest 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. Covenant with bondholders. Section 23. All monies 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, rents, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Trust funds. Section 24. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is to provide adequate off-street parking for motor vehicles to relieve vehicular traffic congestion and thereby expedite vehicular traffic and reduce motor vehicular traffic accidents with their attendant loss of life and property. Purposes of Authority. Section 25. The Authority is hereby authorized to prescribe and fix rates of fees, rents or charges and to revise the same from time to time, and to collect such fees, rents or charges for services, facilities and commodities furnished, and in anticipation of the collection of the revenues of such public parking facilites, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, operation, maintenance and repair of public parking areas and public parking buildings, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such parking facilities, including the revenues of improvements, betterments or extensions thereto thereafter made. Fees, rents, charges, etc. Section 26. It shall be the duty of the Authority to prescribe by-laws, rules and regulations for the operation

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of the parking facilities constructed under the provisions of this Act. 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 the City of East Point 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 the City of East Point the authority to own, operate and maintain public parking facilities or issue revenue certificates as is provided by said Revenue Certificate Law of Georgia. Powers of City of East Point. Section 31. The following notice of intention to apply for the enactment of this legislation was published as required by the Constitution, and is as follows: Notice. Notice is hereby given that application will be made at the present January, 1955 session of the General Assembly of Georgia for passage of local or special legislation, the title of which shall be: A Bill. To create the East Point Parking Authority which shall have perpetual succession as a public corporation and political subdivision of the State, for the purpose of relieving vehicular traffic congestion within the City

Page 2497

of East Point, by providing for the acquisition, construction, operation, maintenance and repair of public parking areas and public parking buildings; to provide for the organization, government, control and operation of said Authority by a board of five commissioners; to vest in such Authority certain rights, powers and jurisdiction, including the right and power to acquire real and personal property by exercise of the power of eminent domain, and granting unto such Authority certain privileges, immunities and exemptions, and imposing on such Authority certain duties and obligations; to fix the terms of office of commissioners of said Authority, and define their powers and duties, and provide for their qualifications, appointment, and compensation; to authorize said Authority to contract with others pertaining to off-street parking; to provide for the financing of such Authority by the issuance and sale of revenue-anticipation certificates or bonds payable solely from charges, fees, rentals and other revenues of said Authority; to authorize the collection and pledging of such charges, fees, rentals and other revenues or such part thereof as may be necessary for the payment of such revenue-anticipation certificates or bonds and the interest thereon; to authorize the execution of such trust indentures, deeds to secure debt and mortgages as may be necessary to secure such revenue-anticipation certificates or bonds; to authorize the issuance and sale of refunding revenue anticipation bonds or certificates; to provide that no debt against the City of East Point, the County of Fulton or the State of Georgia shall be incurred in the exercise of any of the powers granted by this Act; to provide that said revenue-anticipation certificates or bonds of said Authority shall be exempt from taxation as provided by law; to provide that revenue-anticipation certificates or bonds of said Authority shall be legal investment for trust funds and for all other purposes; to provide that property of said Authority shall be held and deemed to be public property exempt from taxation, and shall not be used for the purpose of private or corporate profit or gain; to authorize said Authority to adopt by-laws, rules and regulations for the regulation and conduct of its business

Page 2498

and to adopt an official corporate seal; to provide that such Authority shall have such other rights, powers, obligations and authority as may be necessary or appropriate for proper and successful accomplishments of the objects and purposes of such Authority, including the rights, powers, authority, obligations, duties and liabilities to employ engineers, lawyers, architects, contractors and other necessary help, and to sue and be sued, and to plead and be impleaded; to repeal conflicting laws; and for other purposes. This January 21, 1955. (signed) Ezra E. Phillips, Attorney for East Point Parking Authority. Section 32. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published in Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21, 28th days of January, 1955, and on the 4, 11th days of February 1955 as provided by law. /s/ Bessie K. Crowell. Subscribed and sworn to before me, this 16th day of February, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice. Notice is hereby given that application will be made

Page 2499

at the present January, 1955, session of the General Assembly of Georgia for passage of local or special legislation, the title of which shall be: A Bill. To create the East Point Parking Authority which shall have perpetual succession as a public corporation and political subdivision of the State, for the purpose of relieving vehicular traffic congestion within the City of East Point, by providing for the acquisition, construction, operation; maintenance and repair of public parking areas and public parking buildings; to provide for the organization, government, control and operation of said Authority by a board of five commissioners; to vest in such Authority certain rights, powers and jurisdiction, including the right and power to acquire real and personal property by exercise of the power of eminent domain, and granting unto such Authority certain privileges, immunities and exemptions, and imposing on such Authority certain duties and obligations; to fix the terms of office of commissioners of said Authority, and define their powers and duties, and provide for their qualifications, appointment, and compensation; to authorize said Authority to contract with others pertaining to off-street parking; to provide for the financing of such Authority by the issuance and sale of revenue-anticipation certificates or bonds payable solely from charges, fees, rentals and other revenues of said Authority; to authorize the collection and pledging of such charges, fees, rentals and other revenues or such part thereof as may be necessary for the payment of such revenue-anticipation certificates or bonds and the interest thereon; to authorize the execution of such trust indentures, deeds to secure debt and mortgages as may be necessary to secure such revenue-anticipation certificates or bonds; to authorize the issuance and sale of refunding revenue-anticipation bonds or certificates; to provide that no debt against the City of East Point, the County of Fulton or the State of Georgia shall be incurred in the exercise of any of the powers granted by this Act; to provide that said revenue-anticipation certificates or bonds of said

Page 2500

Authority shall be exempt from taxation as provided by law; to provide that revenue-anticipation certificates or bonds of said Authority shall be legal investment for trust funds and for all other purposes; to provide that property of said Authority shall be held and deemed to be public property exempt from taxation, and shall not be used for the purpose of private or corporate profit or gain; to authorize said Authority to adopt by-laws, rules and regulations for the regulation and conduct of its business and to adopt an official corporate seal; to provide that such Authority shall have such other rights, powers, obligations and authority as may be necessary or appropriate for proper and successful accomplishment of the objects and purposes of such Authority, including the rights, powers, authority, obligations, duties and liabilities to employ engineers, lawyers, architects, contractors and other necessary help, and to sue and be sued, and to plead and be impleaded; to repeal conflicting laws; and for other purposes. This January 21, 1955. Ezra E. Phillips, Attorney for East Point Parking Authority. Jan. 21 28 Feb 4 tfn. Approved March 3, 1955. WHITE COUNTY COMMISSIONERSAMENDMENTS. No. 148 (House Bill No. 575). An Act to amend an Act entitled An Act to create a Board of County Commissioners of Roads and Revenues for the County of White; to provide for the election and creation of said board; to provide and name the duties thereof; to provide for the election of their successors; to provide for the terms of office; to designate one of its members as chairman, one of its members as clerk, and one of its members as road supervisor; to

Page 2501

provide for the election of an attorney for said board, provided said board should need an attorney, and for his compensation, and how paid; to provide for filling vacancies on said board; and for other purposes., approved March 15, 1933 (Ga. L. 1933, p. 759), as amended by an Act approved February 23, 1945 (Ga. Laws 1945, p. 733), so as to provide an increase in the salary of the chairman and clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a Board of County Commissioners of Roads and Revenues for the County of White; to provide for the election and creation of said board; to provide and name the duties thereof; to provide for the election of their successors; to provide for the terms of office; to designate one of its members as chairman, one of its members as clerk, and one of its members as road supervisor; to provide for compensation of said board; to provide for the election of an attorney for said board, provided said board should need an attorney, and for his compensation, and how paid; to provide for filling vacancies on said board; and for other purposes., approved March 15, 1933 (Ga. L. 1933, p. 759), as amended by an Act approved February 23, 1945 (Ga. Laws 1945, p. 733), is hereby amended by striking the figure $400.00 and in lieu thereof inserting the figure $700.00, so that Section 5, as amended shall read: Section 5. Be it further enacted, that one of the members of said board shall act as clerk of said board, whose duty it shall be to keep all records that are necessary to be kept, and properly record all proceedings of said board in well bound books to be provided by said board, and carry on all correspondence necessary to be carried on, and that he shall draw a salary of $700.00 per year. Clerk. Salary. Section 2. Said Act is further amended by striking the figure $600.00 in Section 7 and in lieu thereof inserting

Page 2502

the figure $900.00 so that Section 7, as amended, shall read: Section 7. Be it further enacted, that one of the members of said board shall be designated as chairman, and it shall be his duty to attend all meetings of said board and preside at such meetings and approve the acts of said board, and, if it becomes necessary for him in the discharge of his duty to put in extra time, he shall receive as compensation the sum of $900.00 per year: and it is further provided that said chairman shall have general supervision over county and county matters. Chairman. Salary. 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 shall introduce in the present session (1955) of the General Assembly of Georgia, a bill to increase the salary of the chairman and clerk of the Board of Commissioners of Roads and Revenues of White County, Georgia. Franklin F. Truelove, Representative From White County. Georgia, Fulton County. Personally appeared before the undersigned officer authorized to administer oaths appeared Franklin F. Truelove, who after being duly sworn, states that he is a Representative from White County, Georgia, and that the above attached notice of publication was published in the Cleveland Courier, the official organ of White County, in the issues of January 28, February 4, and February 11, 1955 in accordance with the law. /s/ Franklin F. Truelove. Franklin F. Truelove.

Page 2503

Sworn to and subscribed before me, this 14th day of February, 1955. /s/ Janette Hirsch Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 3, 1955. CANDLER COUNTY COMMISSIONERSCLERK'S SALARY. No. 150 (House Bill No. 541). An Act to amend an Act entitled An Act to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler; to define the powers and duties of said board; to prescribe the qualifications, method of selection, compensation and terms of office of the members thereof; to provide when this Act shall become effective; and for other purposes., approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 3, 1943 (Ga. Laws 1943, p. 843), and an Act approved February 9, 1949 (Ga. Laws 1949, p. 407), so as to provide a change in the salary of the clerk of the county commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler; to define the powers and duties of said board; to prescribe the qualifications, method of selection, compensation and terms of office of the members thereof; to provide when this Act shall become effective; and for other purposes.,

Page 2504

approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 3, 1943 (Ga. L. 1943, p. 843), and an Act approved February 9, 1949 (Ga. L. 1949, p. 407), is hereby amended by striking from Section 7 the figures $75.00 and $100.00 and in lieu thereof inserting the figures $125.00 and $150.00, so that Section 7 as amended shall read: Section 7. Be it further enacted by the authority aforesaid that said board of commissioners shall be authorized to elect a clerk of said board, whose duty it shall be to keep in permanent form a complete record of the official acts of said board, including the receipt and disbursement of all county funds, to perform generally the duties of a secretary to said board and to perform such other duties as may be required of him by said board. Said clerk shall receive for his services such compensation as may be fixed by said board, but not to be less than $125.00 nor more than $150.00 per month, and shall give such bond with good security for the faithful performance of his duties as such clerk as may be required by said board; provided, however, that the chairman of said board of commissioners may in the discretion of said board be designated as ex-officio clerk and to receive such compensation, within the above prescribed limits, as may be fixed by the board. The compensation as set out in this section shall be fixed each year by the members of said board. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given that a bill will be introduced at the January 1955 term of the General Assembly of Georgia providing authority for change in the compensation to be paid to the clerk of the Board of Road and Revenue Commissioners of Candler County. This December 1, 1954. Bill Lanier, Candler County Representative.

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Georgia, Candler County, Jan 22 1955. This is to certify that the attached advertisement has been published the required number of times for the advertising of local legislation. /s/ R. G. Daniell R. G. Daniell, Publisher The Metter Advertiser, Official Organ Candler County, Georgia, Approved March 3, 1955. HEATING AND AIR-CONDITIONING REGULATIONS IN CERTAIN COUNTIES. No. 151 (House Bill No. 496). An Act to provide that the governing authorities of certain counties may charge for inspections, require permits and to set up a code, and provide rules and regulations for the installations of heating and airconditioning in said counties; to provide for a heating and air-conditioning board; to provide for the appointment of its members; to define the duties of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities in this State, of all counties having a population of not less than 135,000 and not more than 150,000 according to the United States census of 1950 or any future census are hereby given authority to provide for fees for the inspection of said heating and air-conditioning installations, to establish a heating and air-conditioning code for said counties setting forth minimum requirements, and to require a

Page 2506

permit issued by said counties governing authorities before commencing work on any job in said counties. Counties in which applicable. Section 2. The county commissioner or commission of any such county is hereby authorized to appoint a heating and air-conditioning board for said county, composed of five citizens of said county, two of whom shall be shop owners of the heating and air-conditioning trade. Two shall be appointed for a term ending January 1, 1957, and the other three appointed for terms ending January 1, 1959, and their successors appointed for four year terms. Board. Section 3. The heating and air-conditioning board of said county shall make recommendations to the county commission or commissioner of said county as to the charges to make on inspections on certain jobs and set forth a description of same, recommend a heating and air-conditioning code for the county setting forth minimum requirements for the installation of heating and air-conditioning, and pass upon violations of said code and make recommendations to the commission or commissioner. Recommendations. Section 4. Upon recommendations by the heating and air-conditioning board of said county, the county commission or commissioner of said county be authorized to adopt appropriate ordinances and resolutions placing said building codes, and inspection fees into effect. Ordinances. Section 5. All fees collected pursuant to the fixing of same by the county commissioner shall be paid into the general fund of said county. The county commissioner shall fix the compensation for board members not to exceed $10.00 per meeting. Fees. Section 6. The county commission or commissioner of said county shall have the right to refuse to issue permits to any heating and air-conditioning concern who violates said code upon the recommendation of the board, after a hearing has been given to the person who has

Page 2507

made such violation or is charged with making such violation. Violations. Section 7. All laws and parts of laws in conflict with this Act 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 December 23, and 30th, 1954, January 6th, 1955. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor. Notice of Legislation. Notice is hereby given that legislation will be introduced at the next session of the General Assembly which meets at Atlanta, Ga., on the 10th of January, 1955, for the purpose of establishing a heating, air-conditioning and ventilation board for DeKalb County and for the establishment of rules and regulations regarding the installation of same, and for other purposes. Pierre Howard, Attorney 12-23-3t. Sworn to and subscribed before me, this 11th day of January, 1955. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia. My commission expires December 18, 1957. (Seal). Approved March 3, 1955.

Page 2508

JESUP CHARTER AMENDED. No. 152 (House Bill No. 383). An Act to amend an Act creating a new charter for the City of Jesup, approved December 16, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 1142), as amended, so as to provide that the salary of the recorder may be set by the mayor and council; to provide that the compensation of the election managers may be set by the mayor and council; to provide that purchases of equipment and supplies totaling less than $500 may be purchased without competitive bids; to provide that any future franchise given for the distribution of electric current shall be subject to referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Jesup, approved January 16, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 1142), as amended, is hereby amended by striking from Section 24 the sentence reading: In case of absence from the city, disqualification or disability of the recorder, the mayor or mayor pro tem. may perform the duties of recorder., and by striking the figure $300.00 and in lieu thereof inserting the figure $1200.00, and by adding a new sentence at the end thereof to read: Provided that neither the mayor nor any councilman shall be eligible to serve as recorder while he holds either of said offices, or for a period of 12 months thereafter., so that said Section 24 when so amended shall read as follows: Section 24. Be it further enacted that the mayor and council may, at their discretion, by ordinance, create the office of Recorder of the City of Jesup and elect a Recorder of the City of Jesup, whose duty it shall be to preside in the police court of said city, with as full and ample authority to try and dispose of all cases within the jurisdiction of the police court as the mayor has under the provisions of this Act. Such recorder shall

Page 2509

hold office from the time of election or appointment, by the mayor and council until the expiration of the term of office of the mayor and council, under which the election or appointment was made, unless the office of recorder shall be sooner abolished, which may be done by ordinance, or such recorder shall be sooner removed from the office by the mayor and council for cause; the decision of the mayor and council in any such removal shall be final. The qualifications for eligibility for the office of recorder shall be fixed and determined by the mayor and council. In case of vacancy in the office of recorder, by death, resignation, removal or otherwise, the mayor and council may, at their discretion, elect and appoint a successor or may, by ordinance, abolish and discontinue the office of recorder, in which case the mayor shall then perform all of the duties of judge of the police court and shall have the same powers and authority hereinbefore provided, just as though the office of recorder had never been established by the mayor and council, under the provisions of this Act. Should the mayor and council of the City of Jesup elect and appoint a recorder, they shall also fix the salary to be paid such recorder and it shall not be changed during his term of office, provided the salary of recorder shall not exceed $1200.00 per annum. Provided that neither the mayor nor councilmen shall be eligible to serve as recorder while he holds either of said offices, or for a period of 12 months thereafter. Recorder. Salary. Section 2. Said Act is further amended by striking from Section 25 the word and figure three (3) and in lieu thereof inserting the word and figure ten (10) and by adding at the end thereof the following: The mayor nor a member of the council shall be eligible as registrar or an election manager, and no such officer shall be eligible to serve as registrar or election manager for a period of 12 months after holding such an office., so that Section 25, as amended, shall read: Section 25. Be it further enacted, that at the first regular meeting of the mayor and council in January of each year, the mayor and council shall select and appoint

Page 2510

three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the 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 the City of Jesup, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars, said oath shall be in the form prescribed by the mayor and council. The compensation of such registrars shall be fixed by the mayor and council, at the time of selection and appointment, but shall not exceed the sum of ten dollars ($10) per day for each, for the time actually spent in the performance of their duties as registrars. The mayor nor a member of the council shall be eligible as registrar or an election manager, and no such officer shall be eligible to serve as registrar or election manager for a period of 12 months after holding such an office. Registrars. Section 3. Said Act is further amended by striking the figure, $100.00 in Section 54 and in lieu thereof inserting the figure, $500.00, so that Section 54, as amended, shall read: Section 54. Be it further enacted, that the mayor and council of said city shall make all purchases of supplies, materials and equipment for said city in such manner as they may direct; and shall, under such regulations as may be provided by ordinance, sell all real and personal property of said city, not needed for public use or that may have become unsuited for public use; provided the mayor and council shall not sell any city property, real or personal in nature, when its value exceeds the sum of $500.00 as determined in the manner hereinbefore provided, until such sale has been ratified by the qualified voters of said city. The mayor and council shall give opportunity for competitive bids on purchases, under such rules as they, by ordinance, may deem best, where the value of such supplies, materials and equipment is in excess of $500.00. Purchases. Section 4. Said Act is further amended by adding

Page 2511

the following to Section 83: Provided, however, that before any future franchise for the distribution of electric current shall be granted by the City of Jesup, for a period of time in excess of twelve months, a referendum thereon shall be held and a majority of the votes cast shall favor the grant of the franchise., so that Section 83 as amended shall read: Section 83. Be it further enacted that the City of Jesup shall have full power and authority to own, operate, control, regulate and maintain for the best interest of said city, any public utility which, in the discretion of the mayor and council, may be proper and justified; and said city shall have power and authority to grant, sell and convey franchises and renewals thereof, or franchises extensions within said city, when the mayor and council shall determine the necessity to demand same. Provided, however, that before any future franchise for the distribution of electric current shall be granted by the City of Jesup, for a period of time in excess of twelve months, a referendum thereon shall be held and a majority of the votes cast shall favor the grant of the franchise. Franchises. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. I, the undersigned editor, publisher, and owner of the Jesup Sentinel, Jesup, Georgia, do certify that the attached legal advertisement appeared in the regular issues of the Jesup Sentinel on January 13, 20, 27, and February 3, 1955. /s/ N. B. Rhoden. Sworn to and subscribed before me, this 25 day of January, 1955. /s/ Hugh Jordan. Hugh Jordan, Notary Public, Wayne County, Ga. My commission expires Sept. 4th, 1957. (Seal).

Page 2512

Notice of Intent to Introduce Local Legislation. A bill to amend the charter of the City of Jesup so as to enable the mayor and council to fix the salary of the recorder and election managers; to provide a change in the amount of equipment and supplies that may be purchased without competitive bids; to authorize the mayor and council to regulate the location of telephone and power lines; to require a referendum before any future franchise may be given for the distribution of electric current; and for other purposes. This 11 day of January, 1955. Robert L. Harrison, Representative Wayne County. 13-20-27-3-cofj Approved March 3, 1955. COMPENSATION TO MR. OMER E. CRAVEN FOR DAMAGE TO AUTOMOBILE. No. 28 (House Resolution No. 73-266d). A Resolution. To provide for payment to Omer E. Craven, the sum of $50.00 for damages to his 1951 Model Ford pickup truck, said damages being caused from rock and crushed stone falling from a truck owned by the State Highway Department of Georgia, and being driven by an employee of the State Highway Department of Georgia. Whereas, on July 27, 1954, at about 11:30 A.M., Omer E. Craven, a resident of Cleveland, Georgia, R.F.D. 5, was driving his 1951 Ford pickup truck on U. S. Highway 129 about two miles north of Gainesville, Georgia, when met by a truck belonging to the State Highway Department, and operated by an employee of said department.

Page 2513

Whereas, Omer E. Craven was driving along in said pickup truck south along said road when he met said State truck, same State truck being loaded with crushstone, the State truck being loaded in such manner that the load of crushed stone was pild high above the sides of said truck. Said State truck was going north at a high rate of speed, down grade and making a sharp right-hand curve. Said State Highway truck being loaded in such manner that part of the load of crushed stone that was on the Highway truck was thrown off of said Highway truck with great force and such crushed stone did hit and injure the pickup truck being driven by the owner, Omer E. Craven. Whereas, the pickup truck of Omer E. Craven was damaged as a result of falling stone by breaking the windshield of the pickup truck and damaging the body and paint on said pickup truck in the amount of $50.00 total; and that Whereas, it appears that the damage caused to the truck of Omer E. Craven was caused by the negligence of the driver of the Highway truck by driving at a high rate of speed and with a load of loose crushed stone loaded high above the body of the State truck in such a manner that it could be thrown off while rounding a curve at high speed, it is therefore, 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 Omer E. Craven, Cleveland, Georgia, R.F.D. 5, the sum of fifty and no one-hundredths dollars ($50.00) as compensation for damages done to his pickup truck on July 27, 1954 as the result of said accident. The payment of said sum shall be from funds available to the State Highway Department. Approved March 3, 1955.

Page 2514

LAW BOOKS TO LIBERTY COUNTY. No. 29 (House Resolution No. 119-392c). A Resolution. Authorizing and directing the State Librarian to furnish to the Superior Court of Liberty County, without cost to said county, certain law books. Whereas, certain law books belonging to the library of the Superior Court of Liberty County are either lost or in such a condition as to be practically useless; and Whereas, the business of said court is hampered and delayed because of the lack of such books, which are necessary for the official transaction of the said business of the court and also of Liberty County: Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Superior Court of Liberty County, without cost to said county, the following law books when the same shall become available without extra cost: Georgia Appeals Reports: Volumes, 3, 6, 8, 10, 11, 13, 14, 19, 22, 26, 32, 33, 36, 40, 41, 42, 48, 55, 57, 65, 66, 67, 73, 84, 85, 86, 87, 88 and 89. Georgia Reports: Volumes 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 44, 47, 48, 49, 50, 51, 53, 55, 56, 58, 61, 62, 64, 65, 66, 67, 68, 69, 70, 72, 73, 74, 75, 77, 79, 81, 82, 83, 84, 85, 87, 88, 89, 90, 92, 93, 95, 99, 102, 104, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 138, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 208, 209, 210; and a complete set of the Georgia

Page 2515

Code Annotated, and if for any reason the State Librarian cannot furnish said law books, then to furnish as soon as they are available. Approved March 3, 1955. COMPENSATION TO MR. PAUL FOUTS FOR DAMAGE TO BARN. No. 30 (House Resolution No. 52-193c). A Resolution. Whereas, on February 9, 1954, a maintenance crew of the Highway Department of the State of Georgia which was engaged in pouring joints was cleaning out pouring pots by burning them with kerosene, and in so doing negligently permitted the grass on the highway right-of-way to catch on fire at a point immediately opposite the farm of Mr. Paul Fouts in Hall County, Ga.; and Whereas, on said occasion a strong wind swept said fire from the right-of-way a distance of approximately seventy-five feet across the property of Mr. Fouts to his barn, and the fire completely consumed the barn and the contents thereof despite every effort being made by the members of the maintenance crew to extinguish said fire and prevent it from causing damage; and Whereas, the Division Engineer of Division No. One immediately thereafter caused a survey of the damage to be made, and said survey showed the damage to the building and the contents thereof to be the sum of $1005.00. Now therefore be it resolved that the State Highway

Page 2516

Department of Georgia is authorized and directed to pay the sum of $1005.00 to Mr. Paul Fouts out of funds appropriated to said department. Approved March 3, 1955. LAW BOOKS TO ORDINARY OF LANIER COUNTY. No. 33 (House Resolution No. 138-495c). A Resolution. Authorizing and directing the State Librarian to furnish certain books to the Ordinary of Lanier County; and for other purposes. Whereas, certain volumes of the Georgia Reports and the Georgia Appeals Reports are missing from the ordinary's office of Lanier County; and Whereas, the ordinary's office does not have an Annotated Code of Georgia; and Whereas, such books are necessary for the ordinary to transact the business of his court and that of the county and of the State; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Lanier County the volumes of the Georgia Reports and the Georgia Appeals Reports listed below, and an up-to-date Annotated Code of Georgia, without cost to the ordinary or to the county, except for the payment of packing and transportation charges, if any, which shall be paid by Lanier County; Georgia Reports: Volumes 4, 5, 10, 23, 24, 26, 29,

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44, 60, 74, 76, 89, 90, 101, 104, 116, 126, 138, 139, 140, 141, 160, 163, 164, 165, and 166. Annotated Code of Georgia. Georgia Appeals Reports: Volumes 10, 14, 16, 29 and 38. Be it further resolved, that if for any reason the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided such funds are available from any unappropriated funds. Approved March 3, 1955. LAW BOOKS TO BARROW SUPERIOR COURT. No. 34 (House Resolution No. 182-577a). A Resolution. Authorizing and directing the State Librarian to furnish certain books to the County Commissioners of Barrow County for the use of the Judge of the Superior Court of Barrow County; and for other purposes. Whereas, the Judge of the Superior Court of Barrow County does not have access to sets of the Georgia Reports and the Georgia Appeals Reports while conducting court in said county; and Whereas, such books are necessary in order that the business of the court be properly transacted; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the County Commissioners of Barrow County a complete set of the

Page 2518

Georgia Supreme Court Reports and a complete set of the Georgia Appeals Reports. Said books shall be for the use of the Judge of the Superior Court of Barrow County, and the county commissioners are hereby authorized and directed to provide a suitable place for the keeping of said books, and they shall at all times be kept in Barrow County in said place except when being used by the Judge while in Barrow County. Be it further resolved, that if for any reason the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required to purchase said books. Approved March 3, 1955. LAW BOOKS TO JOHNSON SUPERIOR COURT. No. 36 (House Resolution No. 172-550d). A Resolution. To furnish law books to the Superior Court of Johnson County; and for other purposes. Whereas, all the law books belonging to the Superior Court of Johnson County have been lost or destroyed or in such condition as to be practically useless; and Whereas, these law books are necessary for the court to transact its business and that of the State; Now, therefore be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish the Clerk of the Superior Court of Johnson County, without charge, a complete set of the Georgia Reports, a complete set of the Georgia Appeals Reports, and a complete set

Page 2519

of the Georgia Code Annotated, with supplements. If for any reason the State Librarian cannot furnish the above-named books, the Governor is hereby authorized to draw his warrant upon the State treasury for the amount required for such books provided funds are available for this purpose. Approved March 3, 1955. CATOOSA COUNTY TAX COMMISSIONER'S COMPENSATION. No. 154 (House Bill No. 536). An Act to amend an Act to create the Office of Tax Commissioner of Catoosa County (Ga. Laws 1937 pp. 1267-1271) approved Feb. 10th, 1937 as amended by an Act approved Feb. 9th, 1949 to provide for additional compensation for clerk hire for said commissioner, 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 a certain Act approved Feb. 10th, 1937, and published in Georgia Laws for 1937, pp. 1267-1271, creating the office of Tax Commissioner of Catoosa County, Georgia, as amended by an Act approved Feb. 9th 1949 (published in Georgia Laws for the regular session, 1949, p. 402), be and the same is hereby amended by striking from said Act as amended by the Act of 1949 all of Section 5 of the original Act as amended, and substituting therefore a new Section 5 as follows: Section 5. Be it further enacted by the authority aforesaid, that the compensation of the County Tax Commissioner of Catoosa County, Georgia, shall be, as full compensation for any and all the duties performed by him as receiver and collector of county, school district, and special taxes, a fixed salary of three thousand

Page 2520

($3,000.00) dollars per annum, to be paid in monthly installments of two hundred and fifty ($250.00) dollars each; and in addition thereto the sum of one thousand nine hundred and eighty ($1,980.00) dollars per annum, to be paid in monthly installments of $165.00 each, for clerical help necessary for the performance of duties of said office. The said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional, and special taxes collected by him. Compensation. Section 2. Be it further enacted by the authority aforesaid that this Act shall go into effect and become operative, and said compensation be paid, as in this Act provided, on and after the passage and approval 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. Legal. Notice of Special Legislation. Notice is hereby given of my intention to introduce local legislation at the next session of the General Assembly of Georgia, which convenes the second Monday in January, 1955, of which the following is notice: An Act to amend an Act to create the office of Tax Commissioner of Catoosa County (Ga. Laws 1937, pp. 1267-1271) approved February 10, 1937, as amended by an Act approved February 9, 1949, to provide for additional compensation for clerk hire for said Commissioner and for other purposes. This 6 day of January, 1955. John W. Love, Jr., Representative, Catoosa County, Georgia. Georgia, Catoosa County. Personally appeared before me, an officer duly authorized

Page 2521

by law to administer oaths, Ned Lee, who, being duly sworn, deposes and states that he is editor of the Catoosa County News, a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County, Georgia, and the above notice of intention to ask for local legislation was published in the Catoosa County News on the dates of January 6, January 13, and January 20, 1955. /s/ Ned Lee. Ned Lee. Sworn to and subscribed before me, this 22nd day of January, 1955. /s/ Earle McDaniels Notary Public, Catoosa County, Georgia. My commission expires the 10th day of Jan., 1959. (Seal) Approved March 3, 1955. MACON PENSION SYSTEM AMENDED. No. 155 (House Bill No. 558). An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon 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,

Page 2522

including any and all Acts amending, changing or reenacting any section or subsection of said Act or Acts; to amend Section 43 f. (1) and (2) by adding at the end thereof new matter relating to the involuntary retirement of employees of the City of Macon; 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 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all 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, be, and the same are hereby further amended by adding to Subparagraph 1 of Subsection f of Section 43, new language relating to the involuntary retirement of an officer or employee after 25 years or more of service, such new language being as follows: Such an officer or employee whose service is terminated involuntarily, except an officer or employee who is discharged for cause as hereafter defined in Subparagraph 7 hereof, or who is convicted of a felony or offense involving moral turpitude, will immediately become retired as provided above; provided, however, that such person electing to remain under said plan shall not apply for, nor shall he receive, any refund of moneys previously paid the city under the provisions of this plan, and provided further that nothing in this section amends or

Page 2523

changes in any way the provisions set forth in Subsection (6) hereunder; and by adding to Subparagraph 2 of Subsection f of Section 43, new language relating to the involuntary retirement of an officer or employee of the City of Macon after ten years or more of continuous service, such new language being as follows: Any such officer or employee whose tenure of employment with the city is terminated involuntarily, except an officer or employee who is discharged for cause as hereafter defined in Subparagraph 7 hereof, or who is convicted of a felony or offense involving moral turpitude, may hereafter, within 90 days from said date of termination, elect to remain under this pension plan, and such person, upon reaching the age of 60 years, shall be entitled to the benefits set forth above; provided, however, that any such person electing to remain under said plan shall not apply for nor shall he receive any refunds of moneys previously paid the city under the provisions of this plan and provided further that nothing in this section amends or changes in any way the provisions set forth in Sub-section (6) hereunder; so that said subsection as amended shall read as follows: 43 f. 1. After 25 years or more of service, whether continuous or not, an officer or employee who has arrived at the age of sixty (60) years may voluntarily retire and shall, upon retirement, receive monthly thereafter until death or re-employment by the city a pension equal to 50% of his average gross monthly compensation from the city based upon a period of four years next preceding retirement, and an additional one percent of his gross monthly compensation for each additional year of service or major fraction thereof over 25 years, provided, however, that such amount shall not exceed $125.00 per month. Such an officer or employee whose service is terminated involuntarily, except an officer or employee who is discharged for cause as hereafter defined in Subparagraph 7 hereof, or who is convicted of a felony or offense involving moral turpitude, will immediately become retired as provided above; provided, however, that such person electing to remain under said plan shall not apply for, nor shall he receive, any refund

Page 2524

of moneys previously paid the city under the provisions of this plan, and provided further that nothing in this section amends or changes in any way the provisions set forth in Subsection (6) hereunder. Involuntary retirement. 43 f. 2. After 10 years or more of continuous service, such officer or employee who shall have reached the age of 65 years, may voluntarily retire, and shall receive monthly thereafter until death or re-employment by the city, a pension equal to 25% of his or her average gross monthly compensation from the city over a period of four years next preceding retirement, provided such amount shall not exceed $62.50 per month, and for each additional year of service up to 25 years, shall receive an increase of 2% per year of such average monthly compensation over a period of four years, provided such increase shall not exceed $5.00 per month and provided further that such pension shall not exceed $125.00 per month. It is expressly provided that this provision set forth in this item shall apply solely to officers and employees in the employ of the city at the effective date of this plan. Any such officer or employee whose tenure of employment with the city is terminated involuntarily, except an officer or employee who is discharged for cause as hereafter defined in Subparagraph 7 hereof, or who is convicted of a felony or offense involving moral turpitude, may thereafter within 90 days from said date of termination, elect to remain under this pension plan, and such person, upon reaching the age of 60 years, shall be entitled to the benefits set forth above; provided, however, that any such persons electing to remain under said plan shall not apply for nor shall he receive any refunds of moneys previously paid the city under the provisions of this plan and provided further that nothing in this section amends or changes in any way the provisions set forth in Subsection (6) hereunder. Involuntary retirement. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed.

Page 2525

State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates. January 22, 1955 January 29, 1955 February 5, 1955 /s/Florence J. Scott. Sworn to and subscribed to before me this 5th day of February, 1955. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. Notarial Seal Affixed. Georgia, Bibb County. To Whom It May Concern: Notice is hereby given of intention to apply for local legislation at the January, 1955 meeting of the General Assembly of Georgia now convening, amending an Act approved August 3, 1927 entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914 together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon 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 Acts 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,

Page 2526

including any and all Acts amending, changing, or reenacting any section or subsection of Act or Acts, by amending certain provisions of said Act of 1927 as amended relating to pensions and retirement of officers and employees of the City of Macon. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. This 21st day of January, 1955. C. Cloud Morgan, City Attorney. State of Georgia, County of Fulton. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that the attached notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit, on the 22nd and 29th of January and the 5th of February, 1955, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 10th day of February, 1955. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Approved March 3, 1955.

Page 2527

CATOOSA COMMISSIONER'S COMPENSATION. No. 156 (House Bill No. 538). An Act to amend an Act to create the office of Commissioner of Roads and Revenue for Catoosa County, Georgia (Ga. Laws 1943, pp. 858-872) approved February 23, 1943, as amended by an Act approved February 25, 1949 (Ga. Laws, Regular Session, 1949, pp. 1817-1819) and as amended by an Act approved February 16, 1953 (Ga. Laws, Jan.-Feb. session, 1953, pp. 2293-2299) to provide for additional compensation for commissioner of roads and revenue, to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create the Office of Commissioner of Roads and Revenue for the County of Catoosa; to provide for his election and recall; to provide for the term of office of the commissioner; to define certain qualifications of said commissioner; to define the duties of such commissioner, and to provide for the proper supervision of his acts, and the auditing of the books and records kept by him in said capacity, as are now kept in the office of Ordinary of Catoosa County by the clerk of the board of commissioners of roads and revenue, or such other books as may be necessary to keep to specify the compensation of such commissioner for his services and how it shall be levied and paid; to provide for a bond for the acts of such commissioner; and, generally to provide for the management of the affairs of said county, and for the clerk of such commissioner; to provide for the selection of the first commissioner to qualify under the provisions of this Act, and thereafter his successor; and to provide for the repeal of all laws in conflict with this Act; and for other purposes, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1817), and as amended by an Act approved February 16, 1953, (Ga. Laws, Jan.-Feb.

Page 2528

session 1953, pp. 2293-2299), is hereby amended by striking Section 9 of said amendatory Act of February 16, 1953 in its entirety and inserting in lieu thereof a new Section 9 which shall read as follows: Section 9. The compensation of the said commissioner of roads and revenue shall be five-thousand dollars ($5,000.00) per annum to be paid at the rate of four hundred, sixteen dollars and sixty-six cents ($416.66) per month at the end of each calendar month. In addition to said annual compensation of five thousand dollars herein provided, the said commissioner shall be authorized and entitled to draw a sum not to exceed fifteen hundred ($1,500.00) dollars per annum to cover the cost of clerical assistance in performing the duties of the office of commissioner of roads and revenue. Said commissioner is authorized to pay his expenses necessarily incurred while traveling outside of the county in the transaction of county business, provided, however, that said expense shall not exceed six hundred ($600.00) dollars per annum. The commissioner shall be required to keep his office at the courthouse open from nine-thirty (9:30) A. M. to twelve (12:00) o'clock noon of each week day except on holidays. Compensation. Expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Special Legislation. Notice is hereby given of my intention to introduce local legislation at the next session of the General Assembly of Georgia, which convenes the second Monday in January, 1955, of which the following is notice: An Act to amend an Act to create the office of Commissioner of Roads and Revenue for Catoosa County, Georgia (Ga. Laws 1943, pp. 858-872) approved February 23, 1943, as amended by an Act approved February 25, 1949 (Ga. Laws, Regular Session, 1949, pp. 1817-1819) and as amended by an Act approved February 16, 1953 (Ga. Laws, Jan.-Feb. Session, 1953, pp. 2293-2299)

Page 2529

to provide for additional compensation for Commissioner of Roads and Revenue and for other purposes. This 20th day of January, 1955. John W. Love, Jr., Representative, Catoosa County, Georgia. Georgia, Catoosa County. Personally appeared before me an officer duly authorized by law to administer oaths, Ned Lee, who, being duly sworn, deposes and states that he is editor of the Catoosa County News, a paper of general circulation and the one in which sheriff's advertisements are published in said county, and that the above notice of intention to ask for local legislation was published in the Catoosa County News on the dates of Jan. 20, 1955, Jan. 27, 1955, and Feb. 3, 1955. /s/ Ned Lee Ned Lee Sworn to and subscribed before me this February 3, 1955. /s/ Earle McDaniels Ordinary. Approved March 3, 1955. McRAETELEPHONE SYSTEM. No. 157 (House Bill No. 359). An Act to amend an Act entitled, An Act to amend by substitution an Act creating a new charter for the City of McRae and to consolidate the Act relating to the Acts and powers of said corporation; to enact amendments thereto, and for other purposes, approved August 1, 1918 (Ga. L. 1918, p. 745), as

Page 2530

amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1822), so as to provide that the City of McRae shall have the right to acquire, equip, operate and maintain a telephone system within the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to amend by substitution an Act creating a new charter for the City of McRae and to consolidate the Acts relating to the Acts and powers of said corporation; to enact amendments thereto, and for other purposes, approved August 1, 1918 (Ga. L. 1918, p. 745), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1822), is hereby amended by adding a new section to read: Section. The City of McRae is hereby authorized to acquire, equip, operate and maintain a telephone system within the corporate limits of said city. Telephone system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Telfair County. To Whom It May Concern: Notice is hereby given that application will be made at the 1955 session of the General Assembly of Georgia to amend the charter of the City of McRae, Telfair County, Georgia, giving said city the power and authority to acquire, own, operate and maintain a telephone plant or system and to furnish telephone service to the citizens of McRae, Telfair County, Georgia, and for other purposes. This the 7th day of December, 1954. George E. Callihan, Mayor. 9-3t. Georgia, Telfair County. Personally appeared before the undersigned authority,

Page 2531

W. L. Bowen, who on oath deposes and says: That I am editor and publisher of The Telfair Enterprise, the official newspaper in which 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 9th, 16th and 23rd days of December 1954. /s/ W. L. Bowen. Sworn to and subscribed before me, this the 29th day of January 1955. /s/ J. R. Whaley, Notary Public, Telfair County, Ga. (My commission expires 2-15-56). Approved March 3, 1955. CONYERSREGISTRATION OF VOTERS. No. 158 (House Bill No. 417). An Act to provide for the permanent registration of voters of the City of Conyers; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Mayor and Council of the City of Conyers shall provide suitable books, cards, and other material for the permanent registration of the voters of said city. Any person now registered or any person who registers in the future shall not be required to again register, as long as he remains a resident of said city and does not otherwise become disqualified. Nothing herein shall affect the qualifications for voting in said city or the procedure for registration. Registration of voters. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2532

Georgia, Fulton County. Personally appeared before the undersigned officer duly authorized to administer oaths Eli M. Walker, who, after being duly sworn, states that he is Representative of Rockdale County and that the above and foregoing notice of intention to introduce local legislation was published in the issues of the 14th, 21st, and 28th days of January 1955 in the Conyers News, which is the official organ for Rockdale County. /s/ Eli M. Walker. Sworn to and subscribed before me this 2nd day of February, 1955. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at 1955 session of the General Assembly of Georgia a bill amending the Charter of the City of Conyers, Georgia, so as to provide for procedure relative to the registration of voters and for other purposes. This the 12 day of January, 1955. Eli M. Walker, Representative, Rockdale County, Ga. 3TCJa14 Approved March 3, 1955.

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EVANS COUNTY COMMISSIONERSAMENDMENTS. No. 159 (Senate Bill No. 77). 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), so as to provide the manner in which vacancies in said board of commissioners of roads and revenues may be filled; to provide for the expenditure of very small amounts for the best interest and welfare of the county and the citizens of the county; to provide for the manner in which purchases may be made for the county, and the offices of the elective officers of the county; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. 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, is hereby amended by striking Section 9 of said Act in its entirety, and substituting in lieu thereof another section, designated as Section 9, as follows: Section 9. Be it enacted by the authority aforesaid, that should there be a vacancy, at this time, or at any time in the future, from any cause, in the office of any commissioner, during the term for which he was elected, that said vacancy shall be filled by a person elected in a special election called for that purpose, by the Ordinary of Evans County, Georgia, said special election to be held within 60 days from the time said vacancy is created, or declared, and the Ordinary of Evans County, Georgia, shall call said special election, and designate the date same is to be held 30 days prior to the holding of said special election. In the event an emergency exists at the time any vacancy occurs in said board of commissioners, or if said vacancy occurs less than 60 days prior to the holding of a general election in said county, the Ordinary

Page 2534

of Evans County, may fill said vacancy by appointment, until a person is elected in said special election, or for the unexpired term, if said vacancy occurs less than 60 days prior to the holding of a general election in said county. Said special election shall be held under the laws governing the holding of general elections. Vacancies. Section 2. 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, is hereby further amended by striking Section 10 of said Act in its entirety, and substituting in lieu thereof another section designated as Section 10, as follows: Section 10. Be it enacted by the authority aforesaid, that the said commissioners shall not expend any money of the county for any purpose without expressed law and authority for the same, except a very small amount, or amounts, which the board of commissioners shall deem to be to the best interest of the county, and the citizens of the county, and that such expenditures be made only with the unanimous approval of the board of commissioners. Expenditures. Section 3. 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, is hereby further amended by striking Section 16 of said Act in its entirety, and substituting in lieu thereof another section designated as Section 16, as follows: Section 16. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues of Evans County, Georgia, shall be the purchasing agent for said Evans County. That the board of commissioners may authorize any member of the board of commissioners, or the clerk of the board of commissioners, to make purchases for said County of Evans by direction of the commissioners, and that payment for such purchases be approved by the board of

Page 2535

commissioners before payment is made. That the various elective officers of Evans County may make purchases for supplies for their respective offices, with the approval of the board of commissioners. Purchases. Section 4. Be it further ena[UNK]cted by the authority aforesaid, that this Act shall become effective as of the date of the approval of the same. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 3, 1955. SAVANNAH METROPOLITAN PLANNING COMMISSION. No. 160 (Senate Bill No. 90). An Act to establish a metropolitan planning district for Chatham County; to provide a planning commission for said district; to provide for the making and amending of an over-all plan for the orderly growth and development of said district; to define the duties and powers of said commission; to define the relationship between said commission and the governmental units in said district and to define their rights, powers, and duties; to provide for the support of said commission; to repeal Ga. L., Jan.-Feb. sess., 1953, p. 2429, which provides for the existing traffic commission; and to repeal Ga. L., 1927, p. 521, which provides for the present planning board of the County of Chatham; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, as follows:

Page 2536

ARTICLE I. There is hereby established a metropolitan planning district, hereinafter referred to as the district, which district shall be and include all of the territorial area of Chatham County. District. ARTICLE II. Section 1. There is hereby established a planning commission for such district to be known as the Savannah Metropolitan Planning Commission, hereinafter referred to as the commission. Said commission shall be composed of twelve members all of whom shall be residents of Chatham County. Planning commission. Section 2. Six of the members of the commission shall be appointed by the Board of Commissioners of Chatham County, and one of the six members so appointed shall be from the membership of the Savannah District Authority. Of the six members so appointed, two shall be appointed for terms of one year; two for terms of two years; and two for terms of three years. Their successors shall be appointed by the Chatham County Commissioners for terms of three years. Members. Section 3. Six of the members of the commission shall be appointed by the Mayor and Aldermen of the City of Savannah, and one of the members so appointed shall be from the membership of the Savannah District Authority. Of the six members so appointed, two shall be appointed for terms of one year; two for terms of two years; and two for terms of three years. Their successors shall be appointed by the Mayor and Aldermen of the City of Savannah for terms of three years. Section 4. In the event a member of the commission appointed from membership of the Savannah District Authority shall cease to be a member of said Authority during the term of his appointment to the commission his membership on the commission shall terminate and the body appointing such member to the commission

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shall name a member of said Authority to fill the unexpired term of its original appointee. Section 5. In case of vacancy arising from death, resignation, change of residence or for any other cause, before the expiration of the term for which such member had been appointed, a successor shall be appointed for the unexpired term by the body making the original appointment. Vacancies. Section 6. No person shall be eligible for membership on said commission who, at the time of the effective date of this Act or at any time within one year prior thereto, holds or shall have held any remunerative public office or position or any employment for compensation, except as an independent contractor, with the United States, the State of Georgia, or any political subdivision of either, and no future member, at the time of his appointment nor within one year prior thereto, nor during his term of membership, shall hold any such office, position, or employment. Except as provided aforesaid, any member otherwise qualified shall be eligible for reappointment. Qualifications. ARTICLE III. Section 1. The commission shall elect from its own members a chairman, vice-chairman, secretary and treasurer, and shall adopt its own rules for the conduct of its business, including rules for notice and hearing, not inconsistent with the terms of this Act. Officers. Rules. Section 2. The commission shall have the power to expend monies provided for its use as hereinafter set out and monies received from other sources, to employ professional, technical and clerical personnel, and to enter into contracts for services. Funds. Section 3. No member shall receive any compensation for his services on the commission, but he shall be entitled to be reimbursed from the funds of the commission for his necessary traveling and other expenses incurred in work for the commission. Compensation.

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ARTICLE IV. Section 1. The commission shall keep minutes of all proceedings and books of account which shall be audited at least once in each calendar year and shall be open to the public. The commission shall make annual reports, showing all its receipts and disbursements, to each of the governmental units contributing to its maintenance. Records, reports. Section 2. Funds for the commission shall be provided by the Chatham County Commissioners and the City of Savannah. The commission each year shall adopt a budget and submit it to the Chatham County Commissioners and the City of Savannah for their approval. If the Chatham County Commissioners and the City of Savannah approve said budget, then the funds necessary to meet said budget shall be provided by them as mutually agreed upon. Budget. ARTICLE V. Section 1. It shall be the duty of the commission to make a master plan for the orderly growth of the district, and the residential and industrial development thereof, and to amend such plan from time to time as it may be deemed proper, and to furnish copies and recommend acceptance thereof to the county and cities involved. Such master plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of the district, including among other things, recommendations for the promulgation of traffic regulations of all kinds anywhere within said district, and recommendations for the punishment for violation of such regulations in the police courts of the City of Savannah and of Chatham County. Master plan. Section 2. Before adopting such master plan, or any part thereof, or any amendment, extension or addition thereto, the commission shall hold at least one public hearing. At least seven days' prior notice of the time and plan of each hearing shall be given by publication in a newspaper of general circulation in the district. At least

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seven days' prior notice of the hearing shall be given in writing to the governing authority of the governmental unit or units involved. The adoption of this plan and of any part, amendment, extension or addition thereto, shall be by resolution of the commission carried by the affirmative two-thirds of the members. Adoption. Section 3. The Chatham County Commissioners and the Mayor and Aldermen of the City of Savannah shall have the right to delegate to the new commission any or all the rights now being exercised by the respective boards and commissions. ARTICLE VI. Section 1. The commission shall act in an advisory capacity and the adoption by the commission of the master plan or any part thereof, or any amending, extension or addition thereto, shall constitute a recommendation only and shall have no binding effect on the governing bodies of Chatham County or the City of Savannah, or any municipality within said metropolitan district. Advisory capacity. Section 2. Chatham County and the City of Savannah or any municipality therein, may adopt such master plan, or such part thereof, or such amendment, extension or addition thereto, as it sees fit and by such procedure as its rules may require. A. Upon adoption of such master plan or part thereof by any such county or municipality, such county or municipality shall not thereafter change such plan or part thereof without first referring such proposed change back to the commission for its recommendation. Changes in plan. B. When a proposed change has been referred back to the commission, failure of the commission to report its recommendation with respect to such change within forty days after its receipt shall be deemed to constitute approval by the commission of such change. C. The recommendation of the commission with respect

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to a proposed change shall be advisory only and after the receipt of the commission's recommendations or its failure to report within forty days as hereinabove provided, such county or municipality may then adopt such change or not as it sees fit and by such procedure as its rules may require. Section 3. Whenever the master plan or any part thereof, shall be adopted by said county or any municipality therein, the enforcement, within its territorial limits, of said plan or part thereof so adopted, shall rest solely with such county and municipality. Enforcement of plan. Section 4. The laws of this State as they are now or may hereafter be, conferring or municipalities and counties and the officers, boards and commissions thereof, powers with regard to the regulation and restriction of the height, number of stories and size of buildings and other structures, the percentage of the lot that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, and all zoning laws, shall not be affected by this Act. Existing laws and regulations. ARTICLE VII. Section 1. The commission and the county or the municipality participating in the master plan or any part thereof shall have authority to contract with one another for the furnishing of such services and assistance as may be necessary or proper under the provisions of this Act. Section 2. The commission may make available the master plan or any part thereof, to other counties or municipalities whether they are located in the district or not upon such terms as may be mutually agreed upon. Section 3. The Act to establish a traffic commission for the City of Savannah and County of Chatham, and for other purposes, as set out in Ga. L., Jan.-Feb., 1953, pp. 2429-2433, is hereby repealed in its entirety.

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Section 4. The Act to establish the Chatham County Planning Board, and for other purposes, as set out in Ga. L., 1927, pp. 521 to 528, is hereby repealed in its entirety. Section 5. This Act shall take effect immediately upon its passage and approval by the Governor or after its becoming law without such approval, and after the making of appointments in this Act provided for. When said appointments are made and this Act thereupon takes effect, the traffic commission for the City of Savannah and the County of Chatham, and the Chatham County Planning Board, shall thereupon turn over and surrender to the commission hereby created their books, records and assets. Traffic commission; Planning board. Section 6. Nothing herein contained shall be construed in derogation of the provisions of the Savannah District Authority Act, (Ga. L., 1951, pp. 190 to 197), nor of the powers, duties, responsibilities and authorizations given to the Savannah District Authority thereby or by any Act or Acts supplementary or amendatory thereto. Section 7. In the event that any part or portion of said Act shall be declared to be invalid or unconstitutional, it shall not affect the validity of the remaining portions. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Section 9. A copy of the 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 of the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of local legislation has been complied with for the enactment of this law, an affidavit of publication being attached to the enrolled copy. Affidavit of publication attached to enrolled copy. Approved March 3, 1955.

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TELFAIR COUNTY TAX COMMISSIONERCLERK'S SALARY. No. 161 (House Bill No. 358). An Act to amend an Act of the General Assembly of Georgia changing and fixing the salary of the Clerk of the Tax Commissioner of Telfair County, Georgia, approved February 5, 1952 (Acts 1952, p. 2049 et. seq.), so as to to change, fix and make definite the amount of the salary to be paid the clerk of the tax commissioner of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia (notice of the intention to apply to this session of the General Assembly for the passage of this Act having been duly published, a copy of which notice with proof of publication being hereto attached), and it is hereby enacted by authority of the same, that the Act approved February 5, 1952 (Acts 1952, p. 2049 et. seq.), which Act fixed the salary of the Clerk of the Tax Commissioner of Telfair County, Georgia, be and the same is hereby amended as follows: Section 2. The salary of the Clerk of the Tax Commissioner of said County of Telfair, State of Georgia, beginning January 1, 1955, shall be, and the same is hereby fixed at, the sum of two hundred and fifty dollars ($250.00) per month, the same to be paid at such times and as the Commissioner of Roads and Revenues of said County of Telfair may direct and fix. Salary. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. (Copy). Georgia, Telfair County. Notice is hereby given that application will be made to the next General Assembly of Georgia for the passage of the following bill:

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An Act to amend an Act changing and fixing the salary of the Clerk of the Tax Commissioner of Telfair County, Georgia, approved February 5, 1952 (Acts 1952, p. 2049 et. seq.), so as to change, fix and make definite the amount of salary to be paid the clerk of the tax commissioner of said county, and for other purposes. This 30 day of November, 1954. /s/ C. E. Brown, Representative, Telfair County, Georgia. Georgia, Telfair County. I, W. L. Bowen, editor publisher of The Telfair Enterprise, a newspaper published in said County at McRae, Georgia, in which the sheriff's advertisements for said County of Telfair are published, do certify that the foregoing notice of local legislation was published in said newspaper in the issues of December 9th, December 16th and December 23rd in the year 1954. Signed and certified to this 26 day of January, 1955. /s/ W. L. Bowen, Editor Publisher of The Telfair Enterprise, McRae, Georgia. Approved March 3, 1955. WADLEY CHARTER AMENDED. No. 162 (House Bill No. 414). An Act to amend an Act entitled An Act to consolidate, amend and supersede the several Acts incorporating the Town of Wadley, in the County of Jefferson, and the Acts amendatory thereof; to fix the corporate limits, to provide for mayor and councilmen, and to

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define their powers and duties; to confer additional powers upon the mayor and council of said town; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town; to repeal conflicting laws, and for other purposes, so as to provide for the terms of offices of the mayor and councilmen so that two councilmen, or the mayor and one councilman, only, shall be retired or reelected each year; so as to provide for permanent registration of voters; to empower the city to condemn for rights of way for sewage and drainage lines, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that Section 4 of the above recited Act adopted August 23, 1905 (Ga. Laws of 1905, p. 1201) be amended by striking the said section in its entirety and substituting in lieu thereof the following, to be known as Section 4: Section 4. Be it enacted by the authority aforesaid that an election shall be held at the city hall in the City of Wadley, Georgia, on the first Saturday in January, 1956, for the election of a mayor and five councilmen; the mayor and one councilman shall be elected for a term of one year, two councilmen shall be elected for a term of two years, and two councilmen shall be elected for a term of three years. On the first Saturday in January, 1957, the mayor and one councilman shall be elected for a term of three years. Thereafter, each year on the first Saturday in January the vacancies in the office of the mayor and councilmen as the terms expire shall be filled by an election for a three year term. In each instance the mayor and members of council shall serve until their successors are elected and qualified. The terms of office of the said mayor and councilmen shall begin on Friday immediately following their election. Election of mayor and councilmen. Section 2. Be it further enacted by the authority aforesaid that Section 8 of the said Act of August 23, 1905, be amended by striking therefrom the language,

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I have paid all the taxes required of me, State, county and municipal, except for the year in which said municipal election shall be held in and for the town of Wadley, Georgia, and I am not otherwise disqualified to vote in said municipal election, and by adding thereto the following: Provided, however, that all persons who duly registered in accordance with the provisions of this section for the last general election, and all persons who shall hereafter once register in accordance with the provisions of this section, shall be deemed to have complied with the provisions of this section, and to have registered for all future elections, so long as their names shall not be purged from the said registration book for legal cause; and, provided, further, that said registration book shall be purged by city council of the names of all persons known or shown to city council not to be qualified to vote, before said registration book is furnished by the clerk of city council to the election managers before each election. Registration of voters. Section 3. Be it enacted by the authority aforesaid that Section 12 of the Act amending the charter of the City of Wadley, (the foregoing Act of August 23, 1905) approved April 2, 1926, (Ga. Laws of Extraordinary Session of 1926, p. 208) be amended by adding thereto the following: The Mayor and Council of the City of Wadley shall have the same rights and powers to open, lay out, widen, straighten or otherwise change, lines for sewers and drainage in the City of Wadley as hereinbefore provided with respect to streets, alleys, sidewalks and squares, and subject to the same procedure hereinbefore provided for fixing damages and compensation to property owners for so doing, and subject to the same rights of appeal and all other provisions hereinbefore provided with respect to streets, alleys, sidewalks and squares. Sewers and drainage. Section 5. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict with the foregoing be, and the same are hereby, repealed. I, Virginia Polhill Saxon, publisher of the News and

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Farmer, the newspaper in which sheriff's advertisements are published in the County of Jefferson, in which the City of Wadley, Georgia, is located, hereby certify that there has been published in the said newspaper for three weeks immediately preceding the date of this certificate notices of a local bill to be introduced in the 1955 session of the General Assembly, the said notices being as follows: To whom it may concern: Notice is hereby given that a local bill will be introduced during the 1955 session of the General Assembly of the State of Georgia to amend the charter of the City of Wadley, Georgia, as follows, to wit: (1) To provide for the terms of office of the mayor and councilmen so that two councilmen, or the mayor and one councilman, only, shall be retired or reelected each year. (2) To provide for permanent registration of voters. (3) To empower the city to condemn for rights of way for sewage and drainage lines. This 7th day of December, 1954. J. Roy McCracken, Representative, Jefferson County, Georgia. This 31 day of December, 1954. /s/ Virginia Polhill Saxon, Virginia Polhill Saxon. Approved March 3, 1955.

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McDONOUGH CHARTER AMENDED. No. 163 (House Bill No. 512). An Act to amend an Act creating a charter for the City of McDonough, approved September 18, 1883 (Ga. Laws 1882-1883, p. 379), as amended, particularly by an Act approved July 21, 1931 (Ga. Laws 1931, p. 897), and an Act approved December 29, 1937 (Ga. Laws 1937-1938, Extra Session, p. 1208), so as to change the entrance fee for candidates for mayor and council and to require candidates to qualify in person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of McDonough, approved September 18, 1883 (Ga. Laws 1882-1883, p. 379), as amended, particularly by an Act approved July 21, 1931 (Ga. Laws 1931, p. 897), and an Act approved December 29, 1937 (Ga. Laws 1937-1938, Extra Session, p. 1208), is hereby amended by adding after the word shall and before the word at in line 5 of Section 5 as it appears in the aforesaid amendatory Act of 1937, the words in person, and by striking from said Section 5 the figure $5.00 and inserting in lieu thereof the figure $20.00, and by striking therefrom the figure $1.00 and inserting in lieu thereof the figure $10.00, so that said Section 5 when so amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that all persons or candidates seeking to hold the office of mayor, or office of councilmen or aldermen, or any other city office to which they are elected by the voters of said city, shall in person at least 10 days prior to the date fixed for said election, submit his or her name to the clerk of said city, together with payment to said clerk the sum of $20.00 as an assessment fee for candidates for the office of mayor, and the sum of $10.00 as an assessment fee for candidates for aldermen or councilmen. The amount of assessment fee for any other

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office not herein named shall be determined and fixed by said mayor and council; and whereupon it shall be the duty of said clerk to make record, in a book to be kept by him for that particular purpose, of the name of such candidate, of the date of his or her announcing to the clerk, and of the payment of his or her said assessment. Which record or information shall be open at all times for the benefit of any citizen of said city. Mayor and councilmen. Candidacy. Assessment fee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Henry County. Personally appeared before the undersigned authority Frank Linch, who, being sworn, on oath says: That he is editor and publisher of the Henry County Weekly Advertiser, official organ of Henry County in the City of McDonough, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1955, session of the General Assembly of Georgia, a bill to change the entrace fee for candidates for Mayor and Councilmen of the City of McDonough, and require such candidates to qualify in person; to prescribe the procedure connected therewith; and for other purposes. This 27th day of December, 1954. Edward E. McGarity, Representative, Henry County. Affiant says that the above and foregoing notice was published in said newspaper in the issues of January 13, 20 and 27, 1955. /s/ Frank J. Linch.

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Sworn to and subscribed before me, this 8th day of February, 1955. /s/ Ernest M. Smith. Notary Public. Approved March 3, 1955. PIKE COUNTY COMMISSIONERSCLERK'S SALARY. No. 164 (House Bill No. 524). An Act to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenue of Pike County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The salary of the Clerk of the Board of Commissioners of Roads and Revenue of Pike County shall be six hundred ($600.00) dollars per annum, payable in equal monthly payments from the treasury of Pike County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Pike. I, C. W. Preston, do hereby certify that I am publisher of The Pike County Journal, the newspaper in which sheriff's advertisements appear for said county, and the attached notice, marked Exhibit A, was published in said newspaper the following dates, to wit: January 20th, 1955, January 27th, 1955 and February 3rd, 1955. /s/ C. W. Preston.

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Sworn to and subscribed before me, this 4th, day of February 1955. /s/ J. W. Storey, CSC Pike Co. Ga. Clerk's Seal Affixed. Exhibit A. The Pike County Journal. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Pike County to set the compensation of the clerk of the commissioners up to a certain amount; and for other purposes. This 17 day of January, 1955. M. E. King, Representative Pike County. Approved March 3, 1955. SMYRNATAX RATE. No. 166 (House Bill No. 427). 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 change the tax rate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: 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 50 the words one dollar and inserting

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in lieu thereof the words one dollar and fifty cents, so that when so amended Section 50 shall read as follows: Section 50. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said town, the mayor and council of said town shall have full power and authority for the assessment, levying, and collection of an ad valorem tax upon all the real and personal property, including money, notes, and other evidences of debt, money used in banking, and every other species of property in said town owned or held therein, an amount not exceeding one dollar and fifty cents on one hundred dollars worth of property, exclusive of the taxes for public schools, interest on a bonded debt, or a sinking fund for the payment of the principal of any bonded debt. Said mayor and council shall have authority to provide by ordinance for the return of all taxable property in said town, and to provide penalties for the refusal or neglect to do the same. Section 2. 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 Marietta Daily Journal, who deposes and says that the following and attached notice of intention to apply for passage of a local bill to amend the charter of the City of Smyrna so as to fix the tax limitation for all purposes other than for the public schools, interest on a bonded debt, or a sinking fund for the payment of the principal of any bonded debt; and for other purposes, was published in The Marietta Daily Journal in its editions of January 20 and 27, 1955, and February 3, 1955: M-58. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1955 session of the General Assembly

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of Georgia, a bill to amend the charter of the City of Smyrna so as to fix the tax limitation for all purposes other than for public schools, interest on a bonded debt, or a sinking fund for the payment of the principal of any bonded debt; and for other purposes. This 18th day of January, 1955. Harold S. Willingham, Representative, Cobb County. 1:20-27; 2:3. Deponent further says that The Marietta Daily Journal is a newspaper of general circulation in Cobb County, Georgia, is published daily except Saturday, and is the newspaper in which the sheriff's notices for the county are published for the calendar year 1955. This 4th day of February, 1955. /s/ Brooks P. Smith, Publisher, The Marietta Daily Journal. Sworn to and subscribed before me, this 4th day of February, 1955. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal). Approved March 3, 1955. CIVIL COURT OF BIBB COUNTY. No. 174 (House Bill No. 498). An Act of the General Assembly of the State of Georgia to codify all former Acts of the General Assembly relating to and dealing with the Municipal Court of the City of Macon and its successor in name, jurisdiction

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and powers, the Civil Court of Bibb County, which Acts abolished justice courts and the office of justice of the peace and notary public; ex-officio justice of the peace and the office of constable in the City of Macon and County of Bibb; to [UNK]establish and create in lieu thereof a Civil Court of Bibb County in and for the County of Bibb; to define its jurisdiction and powers; to fix a schedule of costs for said court; to provide for the election of a judge and the appointment of the other officers thereof; to define their powers and duties and to provide for the fixing of their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; to provide for the designation and compensation of a court reporter in said court; and for other purposes. Section 1. Court Established . Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Civil Court of Bibb County is hereby established and created, and that from and after the election or appointment and qualifying of the officers of said Civil Court of Bibb County, no justice court or justice of the peace or notary public, ex officio justice of the peace, or constable shall have or exercise any jurisdiction, civil or criminal, within the incorporate limits of the County of Bibb as they now are or may be hereafter defined. Section 2. Jurisdiction . Be it further enacted by the authority aforesaid, that said Civil Court of Bibb County shall have jurisdiction within the incorporate limits of the County of Bibb as aforesaid, concurrent with the superior court to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due or the value of the property in dispute does not exceed fifteen hundred dollars, and over which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in

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the justice courts of this State except that the Civil Court of Bibb County shall have jurisdiction in all suits or causes of action brought under the provisions of the Code, Ann. Supp. Chapter 68-8, to try any action against a non-resident defendant upon whom service was perfected by serving the Secretary of State as provided in that Chapter in the same manner as where the jurisdiction to try such an action is vested in the courts in said counties having jurisdiction of tort and criminal actions. The Civil Court of Bibb County shall have jurisdiction to try and to determine all suits, warrants and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to any issues to be tried therein to either the Civil Court of Bibb County, or to the Superior Court of Bibb County, providing the election is stated in the warrant or affidavit at the time the same is issued. Section 3. Jurisdiction. Civil and criminal . Be it further enacted by the authority aforesaid, that wherever and whenever the words, Principal amount sworn to or claimed to be due, are used in any Act relating to the Civil Court of Bibb County, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of the lien sought to be enforced by the plaintiff, or the alleged amount of the lien sought to be enforced by the defendant by setoff or counter-claim, exclusive of and not computing interest, hire, attorney's fees, and costs so that the jurisdiction of said Civil Court of Bibb County shall be concurrent with the superior court to try and dispose of all civil causes or proceedings of whatever nature whether arising ex contractu or ex delicto under the common law or by statute in which the principal sum sworn to or claimed to be due or the value of the property in dispute, does not exceed fifteen hundred dollars, and over which jurisdiction is not vested by the Constitution or laws of Georgia exclusively in other courts. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of Georgia.

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Section 4. Judge. Term, oath . Be it further enacted by the authority aforesaid, that there shall be a Judge of said Civil Court of Bibb County whose term of office shall be four years, and who shall be elected by the qualified voters of the County of Bibb quadrennially in the regular State election for the election of State House officers and members of the General Assembly; the judge of said court elected in the regular State election of 1954 to hold office until the first day of January, 1959. The Judge of said Civil Court of Bibb County shall be commissioned by the Governor, and before entering upon the duties of his office shall take the same oath required by law of the judges of the superior courts. Section 5. Judge. Restrictions . Be it further enacted by th authority aforesaid, that any person who shall be elected Judge of said Civil Court of Bibb County must, at the time of his said election have been a resident of Bibb County and a practicing attorney at law at least five years immediately preceding his election, must be a qualified voter of Bibb County at the time of his election, and must also be at least twenty-five years of age; that the judge of said court shall be subject to the same restrictions as are imposed by law upon superior court judges. Section 6. Judge pro tempore . Be it further enacted by the authority aforesaid, that in the event the Judge of said Civil Court of Bibb County is from providential cause unable to discharge the duties of his office, or from any cause is disqualified or prevented from presiding in any cause in said court, the Judge of said Civil Court of Bibb County shall have the power and right to appoint some competent and disinterested attorney at law, resident of Bibb County to preside in said court in his stead, and the attorney so appointed, when the appointment is entered upon the minutes of said court, shall exercise all the functions and powers of the judge thereof. The compensation of said attorney for actual services as presiding judge shall be fifteen dollars per day, to be paid as the other officers of said court are paid.

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Section 7. Vacancy in judge's office . Be it further enacted by the authority aforesaid, that every vacancy in the office of Judge of said Civil Court of Bibb County occasioned by death, resignation or other cause shall be filled by appointment of the Governor until the first day of January after the regular State election held in and for the County of Bibb next after the expiration of thirty days from the time said vacancy occurs, at which election a successor for the unexpired term shall be elected. Section 8. Powers of judge . Be it further enacted by the authority aforesaid, that the Judge of said Civil Court of Bibb County is hereby clothed with the same powers and authority as are conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers and jurisdiction as are provided by the terms of this Act; that the said Judge of said Civil Court of Bibb County shall have the power and authority under the limitations set out in this Act to hear, determine and dispose of all cases or actions, civil or criminal, over which said court has jurisdiction and to give judgment and execution therein; to hold court from day to day continuously, if necessary, to the dispatch of the business of said court. The judge of said court shall have the same power to preserve order, to compel obedience to his orders, to inflict summary punishment for contempt, to enforce the judgment of his court as is given by law to the judges of the superior courts of this State. The Judge of said Civil Court of Bibb County shall have, in addition to the powers enumerated in this section, all the powers, prerogatives and authority in matters whereof the subject matter and the amount involved are not beyond the jurisdiction of said court, of the judges of the superior courts. All laws relating to and governing judges of the superior courts shall apply to the Judge of said Civil Court of Bibb County so far as the same may be applicable, unless inconsistent with the provisions of this Act. Section 9. Clerk and sheriff . Be it further enacted by the authority aforesaid, that there shall be a Clerk and Sheriff of said Civil Court of Bibb County each of

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whom shall be appointed by the judge of said court, and each of whom shall hold office during the pleasure of said judge of said court, and said judge shall have the power to remove from office at any time any officer of said court. Section 10. Clerk, sheriff and deputies . Be it further enacted by the authority aforesaid, that any person who shall be appointed Clerk of Sheriff or Deputy Clerk or Deputy Sheriff of said Civil Court of Bibb County must at the time of appointment be a qualified voter of Bibb County. The Judge of said Civil Court of Bibb County shall also have the power to appoint a sufficient number of deputy Clerks and Deputy Sheriffs of the Civil Court of Bibb County as from time to time may be needed to efficiently handle and transact the business of the court, the number thereof appointed to be first authorized by the Bibb County Board of Commissioners, and each and all of whom thus appointed shall hold office during the pleasure of the judge of said court. The deputy clerks and the deputy sheriffs, if and when appointed, shall exercise all the functions and be subject to all the responsibilities and requirements of the said clerk and the said sheriff of said court. Section 11. Clerk and sheriff. Powers . Be it further enacted by the authority aforesaid, that all the requirements and duties, powers and authority imposed by law upon, and conferred upon the Clerk of Bibb Superior Court and the Sheriff of Bibb County shall be obligatory upon and shall be vested in the Clerk of said Civil Court of Bibb County and the Sheriff of said Civil Court of Bibb County, respectively, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said court; provided, however, that the amount of the bond of the Clerk of said Civil Court of Bibb County shall be three thousand dollars, and the amount of the bond of the Sheriff of said Civil Court of Bibb County shall be one thousand dollars.

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Section 12. Clerk and deputies. Powers . Be it further enacted by the authority aforesaid, that the Clerk of said Civil Court of Bibb County and also each and every deputy clerk of said court shall have complete power and authority, coincident and coordinate with the power of the judge of said court, under the provisions of this Act to issue any and all warrants, civil and criminal, including search warrants, summary processes and writs which are issuable as a matter of right, to accept and approve bonds, and to discharge any and all other functions ministerial in character, which under the laws of this State are performable by a justice of the peace. Section 13. Court of record . Be it further enacted by the authority aforesaid, that said Civil Court of Bibb County shall be a court of record, and shall have a seal, and the minutes, records and other books and files that are required by law to be kept for the superior court shall in the same manner, so far as the jurisdiction of said Civil Court of Bibb County may render necessary, be kept in and for said Civil Court of Bibb County; provided that the Clerk of said Civil Court of Bibb County shall not be required to keep a book of final records, but shall see that the records are preserved in suitable files with all original papers in each case, which shall not be removed from said clerk's office except upon order of the Judge of said Civil Court of Bibb County upon good cause shown and then only upon receipt of counsel and such removal from the clerk's office shall not continue for a longer period than five days. Section 14. Warrants, summary writs. Returnable how . Be it further enacted by the authority aforesaid, that all warrants, summary processes and writs issuing out of said Civil Court of Bibb County in which the principal sum claimed to be due or the value of the property in dispute does not exceed fifteen hundred dollars, exclusive of interest, hire, attorney's fees, and costs, shall be returnable to said Civil Court of Bibb County in the same manner and under the same rules as such writs are required to be returned to the superior courts or the justice courts of this State as the case may be.

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Section 15. Court of inquiry . Be it further enacted by the authority aforesaid, that with the exception of the Recorder's Court of the City of Macon and the Judge of Bibb Superior Court, the said Civil Court of Bibb County shall have exclusive jurisdiction to sit as a court of inquiry to examine into accusations against residents of Bibb County, Georgia, and others who may be arrested on warrants for offenses committed within the corporate limits of the County of Bibb. Section 16. Procedure . Be it further enacted by the authority aforesaid, that the general laws of this State in regard to the commencement of actions in the superior courts and defenses thereto of whatever nature, pleadings, the method of procedure, and practice therein and in regard to examinations of parties to suits or witnesses, by interrogatory or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials and other matters of a judicial within the jurisdiction of said Civil Court of Bibb County, shall be applicable to said Civil Court of Bibb County, except as may be otherwise provided in this Act. The charge of the court shall be given orally to the jury, but on request of either party or counsel in the case, when it is so desired, and the request is made before announcing ready for trial, that the case be reported, the judge presiding shall direct that the case be reported. Section 17. Mode of procedure . Be it further enacted by the authority aforesaid, that suits in said Civil Court of Bibb County shall in all respects be conformable to the mode of procedure in the superior courts, save as in this Act excepted; process to suit shall be annexed by the clerk of said court bearing teste in the name of the judge thereof, and be directed to and served by the sheriff of said court or his lawful deputies. All executions, warrants, writs and summary processes of any kind issuing from said Civil Court of Bibb County shall be issued in the name of the judge thereof, filed by the clerk of said court, and be directed to the Sheriff and his lawful Deputies of said Civil Court of Bibb County and to all and singular the sheriffs and deputy sheriffs

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and lawful constables of this State, and shall in the County of Bibb be executed by the Sheriff or his Deputies of said Civil Court of Bibb County as now provided by law for such proceedings from the superior courts of this State. All rules and laws of whatever kind and nature now of force in this State, or hereinafter enacted by the General Assembly of Georgia regulating the mode of procedure, pleading and practice in the superior courts shall apply and be observed in said Civil Court of Bibb County, except when inconsistent with the provisions of this Act. Section 18. Terms . Be it further enacted by the authority aforesaid, that the terms of said Civil Court of Bibb County shall be held monthly on the third Monday in each month; that suits shall be filed in the clerk's office of said court at least fifteen days before the first day of the term at which it is returnable, and shall be served at least ten days before the first day of said term. The appearance term of said court shall also be the trial term thereof. If, in any case, no answer or other issuable defense in writing is filed or made by the parties sued, on or before its appearance day at 12 o'clock noon, Eastern Standard Time, which is the third Monday, as required in the process, such case shall automatically become in default unless the time has been extended as provided by law. In all cases of default the judge of said court may enter judgment without any call of the appearance docket before 12 o'clock noon on the first Wednesday in each term at which the action in default is returnable and in all cases, except actions for unliquidated damages, and there is no issuable defense made by the party sued, the plaintiff shall be permitted to have judgment as if each and every item, or paragraph, were proven by testimony. All actions for unliquidated damages in which there is no issuable defense made by the party sued as required by the process shall be ripe for trial and judgment. All suits upon account, which are in default, shall be considered liquidated for the amount stated in the petition. After rendition of final judgment in a case in default the right of opening

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such default shall terminate, unless for sufficient cause shown and then by order of the court, or by consent of parties or counsel of record evidenced by a written stipulation filed with the clerk of said court. Section 19. Cases $50.00 and under . Be it further enacted by the authority aforesaid, that in all cases in said court in which the principal sum claimed, or the value of the property in controversy does not exceed fifty dollars, the rules of pleading as heretofore provided in this Act shall not be required of parties prosecuting or defending any such action therein and it shall not be necessary to paragraph either petition or answer, but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial statement of the cause of action, or matters of defense, of whatever character, be first reduced to writing. No demurrer or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. In the furtherance of justice, the judge of said court shall permit any claim, suit, process, pleading, or record to be amended in form or in substance, or material supplemental matter to be set forth in an amended written pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties, but no amendment presenting a new and distinct cause of action or new party shall be allowed. Section 20. Jury . Be it further enacted by the authority aforesaid, that it shall be the duty of the Clerk of said Civil Court of Bibb County to prepare and file in his office from the list of the traverse jury of the Superior Court of Bibb County as provided from time to time for such superior court a list of the traverse jurors appearing thereon who are residents of Bibb County. From said list so prepared, traverse jurors in said Civil Court of Bibb County shall be drawn in the following manner: The Clerk of said Civil Court of Bibb County

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shall write upon separate tickets the names of such traverse jurors and shall number the same and place them in a box prepared for that purpose. From it shall be drawn as many traverse jurors as are necessary in the opinion of the judge of said court, to conduct the business of said court for the term for which they are drawn. All laws with reference to the drawing, selecting and summoning of traverse jurors in the superior court shall apply to said Civil Court of Bibb County under the limitations provided by the terms of this Act. Section 21. Jurors . Be it further enacted by the authority aforesaid, that all laws with reference to the qualifications, empaneling, challenging and compensation of jurors now of force or such as may hereinafter be enacted in this State shall apply to and be observed in said Civil Court of Bibb County, except where in conflict with the terms of this Act. Section 22. Jury trials . Be it further enacted by the authority aforesaid, that all jury trials in said court shall be by a jury of six and said jury of six shall be stricken from a panel of twelve traverse jurors drawn and summoned under the provisions of this Act, the Judge of said Civil Court of Bibb County shall cause to be made up not exceeding three juries; that is, eighteen jurors at each term and all cases and jury issues to such term of said Civil Court of Bibb County shall be tried by one of these juries or by a jury stricken from twelve jurors, plaintiff and defendant each being entitled to three peremptory challenges. In the event said panel shall be reduced below eighteen from any cause, the judge of said court shall have the power to fill it out by causing talesmen to be summoned instanter; provided, however, that it shall be in the power of the judge of said court to cause to be drawn a sufficient number of jurors in his discretion to transact the business of the court. Section 23. Non-jury trials . Be it further enacted by the authority aforesaid, that every case in said Civil Court of Bibb County shall be tried by the judge thereof without a jury unless a written demand for trial by

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jury is filed in said court by the plaintiff or his attorney or by any other party affirmative relief at the time such action or proceeding is instituted, or by the defendant or his attorney on or before the day upon which he is required to appear in court in response to the proceedings against him; upon the failure of a party to demand a trial by jury, he shall be held to have waived such right. The judge, however, in his discretion upon request of either party or counsel for either party may, allow a jury in any case, at any time before the commencement of any trial before him without a jury if, in his opinion, the request therefor is not made for delay only and if, in his opinion, the case is of such character as that the ends of justice will be best served by a trial by a jury. Section 24. Cases reported when . Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of Bibb County shall have the same authority as the Judge of the Superior Court of Bibb County to order a case reported and he may direct the case reported when either party or counsel requests it, or when, in the discretion of the judge, the ends of justice require that the case be reported. Whenever a case is reported in said court, either by agreement of parties or counsel or by direction of the court under the rule, the cost of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the superior court, save that the charge for such reporting shall be at the rate of twelve cents per hundred words for taking down the testimony and twelve cents per hundred words for writing it out. If either party or his counsel objects to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case, unless the judge on preliminary investigation shall determine that the case is one that should be reported, and shall direct it reported under the rule. Whenever it becomes necessary in the opinion of the Judge of the Civil Court of Bibb County that a case shall be reported in said court, the judge of said court may designate a competent and disinterested stenographer to report said case

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and the compensation of such reporter shall be twelve cents per hundred words for taking down and twelve cents per hundred words for writing out the record of the said case and if not paid by the parties liable therefor, it shall be taxed as costs in said case and fi. fa. issued therefor for the use and benefit of the reporter so reporting said case and paid to said reporter when collected as compensation for reporting said case. It shall be permissible for the judge of said court to appoint as court reporter aforesaid any deputy clerk or officer of said court who is a capable and efficient stenographer. Section 25. Motion for new trial . Be it further enacted by the authority aforesaid, that in all cases in said court tried by the judge thereof without a jury in which the principal sum claimed, exclusive of interest, hire, attorney's fees, and costs or the value of the property in controversy exceeds fifty dollars, and in all cases tried before a jury, upon announcement of judgment by the court or upon rendition of the verdict of a jury, any party or his counsel may make a written motion for a new trial within five (5) days after judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right to move for a new trial except upon the grounds upon which extraordinary motions for new trials may be made. Said motion shall be heard at such dates as the court in its discretion may set for a hearing and no brief of the evidence shall be required; provided that where the case has been reported by the court reporter and where there is a difference between counsel as to what the evidence is or where in the discretion of the judge he deems it necessary to have the evidence written out, it shall be in the discretion of the court and within his power to direct that a transcript of the record be written out by the court reporter, the costs of transcribing such transcript to be taxed as costs in the case against the movant in the motion for new trial to abide final judgment in the case. The Judge of said Civil Court of Bibb County shall have the same power to hear and grant new trials in said court within the limits of the

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jurisdiction of said court as does the judge of the superior court. Section 26. Appeals, bill of exceptions . Be it further enacted by the authority aforesaid, that an appeal direct shall lie by bill of exceptions or writ of error to the Court of Appeals of Georgia or the Supreme Court of Georgia from the judgment, order or ruling of the Civil Court of Bibb County in the same manner that judgments, orders and rulings of the Superior Court of Bibb County are now reviewed, in all warrants to evict intruders, dispossessory warrants, and in all petitions for discharge in bail trover cases and in all cases tried in said court, save as otherwise provided in this Act. Be it further enacted by the authority aforesaid, that the costs in cases appealed shall be taxed at the rate of twelve cents per hundred words for making up the transcript of the record and for copying the bill of exceptions and that it shall be taxed as a part of the costs in the case so that in all warrants to evict intruders, possessory warrants, dispossessory warrants and in all petitions for discharge in bail trover cases, and in all other cases tried in said Civil Court of Bibb County, wherein the amount involved exclusive of interest, hire, attorney's fees, and cost is more than fifty dollars, an appeal shall lie by bill of exceptions and writ of error to the Court of Appeals of Georgia or to the Supreme Court of Georgia from the judgment, order or ruling of said Civil Court of Bibb County in the same manner judgments, orders and rulings of the Superior Court of Bibb County are now reviewed; provided, however, that the bill of exceptions shall be tendered within thirty days from the judgment, order or ruling complained of and certified and filed within ten additional days. The costs on appeals for transcript of the record and copying the bill of exceptions to the Court of Appeals and the Supreme Court shall be at the rate of twelve cents per hundred words and shall be taxed as a part of the costs in said case against the party liable therefor; provided further, that the procedure and method of review and appeal as provided for in this Act shall not be exclusive, but shall be

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cumulative, and nothing herein contained shall be construed to abolish the writ of certiorari. Section 27. Name of court . The full name and legal title of said court from the effective date of this Act shall be Civil Court of Bibb County. Should this Act or any part thereof be held unconstitutional by the Supreme Court, the corresponding original Acts hereby sought to be changed or codified shall ipso facto and pro tanto stand re-enacted and restored. Section 28. Transfer of cases . Be it further enacted by the authority aforesaid, that all cases of every kind formerly pending in the Municipal Court City of Macon be and the same are automatically transferred to the Civil Court of Bibb County, with full power in the said Civil Court of Bibb County and the officers thereof to act thereon and to try and dispose of said cases as provided by law. Section 29. Duty of judge . Be it further enacted by the authority aforesaid, that it shall be the duty of the judge of said court to see to it the officers of his court are diligent in the collection of costs. Section 30. Duty of county commissioners . Be it further enacted by the authority aforesaid, that the Board of County Commissioners of Bibb County shall provide a suitable and convenient place for the holding of said Civil Court of Bibb County; and shall provide all necessary books, stationery, and filing cases for keeping the dockets, files and records of said court. The said commissioners shall also provide and maintain a sufficient number of automobiles for the necessary use of the sheriff's office of said court. Section 31. Reports of appellate courts and acts . Be it further enacted by the authority aforesaid, that a complete set of published reports of the Supreme Court of Georgia and the Court of Appeals of Georgia, and the Acts of the General Assembly of Georgia, commencing with the Acts of 1910, and the Revised Code

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of Georgia Annotated of 1933 with all cumulative pocket parts shall be furnished by the State Librarian to the clerk of said court for the use of said court. Section 32. Certified copy of judgment in certiorari cases . Be it further enacted by the authority aforesaid, that on certiorari to Bibb Superior Court from the Civil Court of Bibb County, it shall be the duty of the Clerk of Bibb Superior Court to send down to the Clerk of the Civil Court of Bibb County a certified copy of the judgment disposing of the certiorari, the cost of which certified copy shall be taxed by the Clerk of Bibb Superior Court against the losing party in the case. Section 33. Officers . Be it further enacted by the authority aforesaid, that the officers of said Civil Court of Bibb County shall consist of a judge, a clerk, a sheriff, and such number of deputy clerks and deputy sheriffs as from time to time may be appointed pursuant to the provisions of Section 10 of this Act. Section 34. Rank of judgments . Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be liens upon all property belonging to the defendant or defendants to the same extent and upon the same terms as judgments of the superior courts of this State. Section 35. Arrest of judgment . Be it further enacted by the authority aforesaid, that when a judgment has been rendered in the Civil Court of Bibb County, either party may move in arrest thereof, for any defect not amendable which appears on the face of the record or pleading within twenty days from the rendition of such judgment. Section 36. Continuity of officers . Be it further enacted by the authority aforesaid, that the officers of said Civil Court of Bibb County now holding office shall continue to hold office until their successors have been duly selected and qualified in the manner provided by this Act.

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Section 37. Sales . Be it further enacted by the authority aforesaid, that all sales of personal property levied upon in the County of Bibb under process from said Civil Court of Bibb County shall take place before the court house door during the legal hours of sale, at public outcry, on the Friday next following ten days' advertisement by notice posted before the court house door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property and the style of the case in which the execution issued, such sales to be conducted by the sheriff of said court or his deputy; provided, that sales of perishable property and sales on the premises may be made as provided by law; and provided further, that in all the cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate. Section 38. Costs . Be it further enacted by the authority aforesaid, that the scale of costs to be collected by the officers of the Civil Court of Bibb County shall be graduated and divided according to classifications, depending upon the amount involved in each case or the nature of the case as follows: A. Whenever the principal amount involved in the suit of the plaintiff or in the cross-action or counterclaim of the defendant does not exceed $25.00 principal, exclusive of interest, attorney's fees, and costs, the costs to be charged and collected by the officers of said court shall be as follows: (Cases Not Over $25.00) For each original summons $.50 Each copy of summons .50 Filing papers in any case (pleas) .10 Seal .10 For affidavit and bond to obtain attachment 1.70 For entering judgment in each case .50 For trial of each case when same is litigated .50 For docketing each case .35 Each witness sworn .25 For each execution issued .50 Making out interrogatories and certifying same 1.25 For making out recognizances and returning same to court .50 For each subpoena for witness .15 For each distress warrant issued 1.50 For each affidavit when no case is pending .50 For answering every writ of certiorari to superior court 4.00 For presiding at trial of forcible entry and detainer 2.00 For presiding at trial of right-of-way 2.00 For issuing rule to establish lost papers 1.00 For trying the same .50 For presiding at trial of nuisance 1.00 For witnessing any paper .50 For affidavit and bond to obtain garnishment 1.50 For issuing summons of garnishment .50 For each additional summons of garnishment .50 For filing declaration in an attachment .50 For settling case before judgment .50 For claim affidavit and bond .50 For trying same 1.00 For issuing order to sell perishable property 1.00 For each lien foreclosure and docketing same 1.00 For each order issued by the Court 1.00 For each case tried by a jury .50 For issuing commission to take interrogatories 3.00 For backing fieri facias .50 For rule nisi against officer .35 For trying same .35 Judgment on same .35 For serving summons of attachment .50 For each return of officer .50 For serving each copy of summons .50 For summoning each witness .25 For attending court for each judgment rendered .50 For levying fieri facias .50 For settling fieri facias when property not sold .50 For returning nulla bona .50 For collecting executions issued by coroners .75 For keeping each dog, per day .50 For keeping each horse, mule, ox or ass, per day .50 For each head of neat cattle, per day .50 For each head of sheep, goats or hogs .50 For all sales made by him, amount on sales commission 6 percent For serving rule to establish lost papers .35 Each copy .35 For serving each order issued by the court 1.00 For serving each additional copy .30 For following property out of county, going and returning each way, per mile .10 For levying each distress warrant 1.00 For each advertisement .50 For taking bond in civil cases .50 For taking bond in criminal cases 1.00 For serving summons of garnishment .50 For each additional summons .50 B. In all cases where the principal amount involved, exclusive of interest, attorneys fees, and costs, exceeds $25.00 but does not exceed $100.00, the costs to be charged and collected by the officers of said court shall be set out in the following itemized list: (Cases over $25.00 and not over $100.00) Each original summons $.50 Each copy of summons .50 Filing paper in any case .10 Seal .25 Affidavit and bond to obtain attachment and issuing same 1.70 Entering judgment in each case .50 Trial of each case when same is litigated .50 Docketing each case .35 Each witness sworn .25 Issuing each execution .50 Making out interrogatories and certifying same 1.25 Making out recognizances and return same to court .50 Each subpoena for witness .15 Issuing each distress warrant 2.00 Each affidavit when no case is pending .50 Answering every writ of certiorari to superior court 4.00 Presiding at trial of forcible entry and detainer 2.00 Presiding at trial of right-of-way case 2.00 Issuing rule to establish lost papers 1.00 Trying same .50 Presiding at trial of nuisance case 1.00 Witnessing any paper .50 Affidavit and bond to obtain garnishment 1.50 Issuing summons of garnishment .50 Each additional summons .50 For filing declaration in an attachment .50 Settling case before judgment .50 Claim affidavit and claim bond .50 Trying same .50 Certifying transcript 1.00 Issuing order to sell perishable property 1.00 Each lien foreclosure and docketing same 2.00 Each order issued by the court 1.00 Each order tried by jury 1.00 Issuing commission to take interrogatories 3.00 Backing fieri facias .50 Rule nisi against officer .50 Trying same .35 Judgment on same .35 Each criminal warrant issued 2.00 Serving summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.00 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Keeping each dog, per day .50 Keeping horse, mule, ox or ass, per day 1.00 Keeping each head of neat cattle, per day .50 Keeping each head of sheep, goats or hogs .50 All sales made by him, amount of sales commission 6 percent ---- Serving rule to establish lost papers .70 Each additional copy .60 Serving each order issued by the court 1.00 Each additional copy .60 Following property out of country, going and returning, per mile .10 Levying each distress warrant 1.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 1.00 Serving summons of garnishment 1.00 Each copy 1.00 C. In all cases involving over $100.00 and up to $200.00 principal under above method of computing, not including interest, attorney's fees, hire and costs, the costs to be charged and collected by the officers of said court shall be as set out in the following schedule: (Cases over $100.00 and not over $200.00) Each original summons $.75 Each copy of summons .60 Filing papers in any case .20 Seal .25 Affidavit and bond to obtain attachment and issuing same 2.25 Entering judgment in each case .75 Trial of each case when same is litigated 1.25 Docketing each case .50 Each witness sworn .35 Issuing each execution .75 Making out interrogatories and certifying same 2.00 Making out recognizances and returning same to court .85 Each subpoena for witness .25 Issuing each distress warrant 2.75 Each affidavit when no case is pending .75 Answering every writ of certiorari to superior court 4.00 Presiding at trial of forcible entry and detainer 3.00 Presiding at trial of right-of-way case 3.00 Issuing rule to establish lost papers 2.00 Trying the same 1.00 Presiding at trial of nuisance case 2.00 Witnessing any paper .75 Affidavit and bond to obtain garnishment 2.25 Issuing summons of garnishment .75 Each additional copy of summons .75 For filing declaration in an attachment .50 Settling case before judgment .75 Claim affidavit and bond 1.00 Trying same 1.00 Certifying transcript 1.50 Issuing order to sell perishable property 1.50 Each lien foreclosure and docketing same 2.75 Each order issued by the court 1.50 Each case tried by jury 1.00 Issuing commission to take interrogatories 4.00 Backing fieri facias .75 Rule nisi against officer .75 Trying the same .75 Judgment on the same .75 Serving summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered sheriff's cost 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.00 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Keeping each dog, per day .50 Keeping each horse, mule, ox or ass, per day 1.00 Keeping each head of neat cattle, per day .50 Keeping each head of sheep, goats or hogs .50 All sales made by him, amount on sales commission 6 percent Serving rule to establish lost paper .70 Every additional copy .60 Serving court order 1.00 Each additional copy .60 Following property out of county, going and returning, per mile .10 Levying each distress warrant 1.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 2.00 Serving summons of garnishment 1.00 Each additional summons 1.00 D. In all cases in said court where the principal amount involved, not including interest, hire, attorney's fees, and costs, exceeds $200.00, and in all cases where the value of the property involved exceeds $200.00 or where the cross-action or counter-claim of the defendant exclusive of interest, hire, attorney's fees, and costs exceeds $200.00, the costs to be charged and collected by the officers of said court shall be the same as the costs in the superior court, taxable for clerk and the sheriff respectively. E. The costs to be taxed in said court in possessory-warrant cases, criminal warrants, peace warrants and search warrants shall be the same as those fixed by law in justice of the peace courts. F. In dispossessory-warrant cases and proceedings to eject intruders, the costs shall be $2.50 for the clerk for issuing and $2.50 for the sheriff for serving the warrant, and other costs shall be the same as justice of the peace court costs.

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G. In trover and bail trover suits where the principal amount involved exclusive of interest, hire and costs, or the alleged value of the property exclusive of hire and costs, does not exceed $200.00, the costs taxable by the clerk shall be the same as justice of the peace court costs. If the principal amount involved, exclusive of interest, hire and costs, or the alleged value of the property involved, exclusive of hire and costs, exceeds $200.00, superior court costs shall be taxed by the clerk against the party cast therein. H. In all other cases not herein specifically provided for the costs to be taxed by the clerk shall be the same as justice of the peace court costs in all cases where the principal amount involved exclusive of interest, hire, attorney's fees, and costs does not exceed $200.00 and shall be the same as superior court costs where such principal so computed does exceed $200.00. In cases where such principal so computed exceeds $100.00 and does not exceed $200.00 the sheriff's costs for advertising personal property shall be $1.00. Where the principal so computed exceeds $200.00, the sheriff's costs for advertising personal property shall be $2.00. I. All costs collected in said court by the officers thereof shall be paid into the treasury of Bibb County monthly on the first, or within three days thereof, of each month by the clerk to be applied to the expenses of operating said court, save as otherwise provided in this Act. J. Should the amount claimed by the plaintiff place the suit in one classification as to costs and the amount claimed by the defendant in this cross-action or counter-claim place the suit in another classification, the costs to be charged on the cross-action shall be determined by the judgment or verdict in the case. K. In all cases or proceedings in which the principal sum exclusive of interest, hire, attorney's fees, and costs exceeds two hundred dollars, the fees collected by the clerk and paid into the county treasury shall be the same

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in the Civil Court of Bibb County as those allowed by law to the Clerk of Bibb Superior Court and the Sheriff of Bibb County. Section 39. Salaries of the officers . Be it further enaceted by the authority aforesaid. (A) That the salaries of the officers of the said Civil Court of Bibb County shall be fixed annually, on either a calendar or fiscal year basis by the County Board of Commissioners of Bibb County to be paid monthly out of the treasury of Bibb County by the person or persons charged by law with paying out the money of said county: (B) Provided, however, that the salary of the Judge of the Civil Court of Bibb County during his present term of office shall be fixed at not less than the salary presently paid said judge. During any future term of any judge of said court, the salary of said such judge shall not be reduced below the salary set for any such judge for his first year of that term. Provided further, however, that said Judge of the Civil Court of Bibb County may receive any further increase in salary as the County Board of Commissioners of Bibb County may, in their discretion, deem wise and proper. In order to effectuate and make effective this provision (B) of Section 39 of this Act relating to the salary of the Judge of the Civil Court of Bibb County, in and for the County of Bibb, it is further enacted by the authority aforesaid that so much of the Act of the General Assembly of Georgia of 1933, pages 346 through 347, giving the County Board of Commissioners of Bibb County unlimited authority to fix the salaries of the officers of the Municipal Court City of Macon, now the Civil Court of Bibb County, in and for the County of Bibb, insofar only as the same relates to and concerns the salary of the Judge of the Civil Court of Bibb County, in and for the County of Bibb, be and the same is hereby repealed. Be it further enacted by the authority aforesaid, that so much of the Act of 1933, pages 405 to 408,

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Paragraphs No. 1 and 2 of Section 1 of an amendment to an Act to establish a County Board of Commissioners for the County of Bibb which authorizes the County Board of Commissioners of the County of Bibb, without limitation, to fix the salaries and compensation of all officers, employees or other persons whose salaries or compensation is paid out of the treasury of Bibb County, except where express provision is made for the fixing of such salaries by cooperation of said board and the grand jury of said county, insofar only as the same relates to and concerns the salary of the Judge of the Civil Court of Bibb County, in and for the County of Bibb, be and the same is hereby repealed. Section 40. Disposition of funds . Be it further enacted by the authority aforesaid, that whenever the Clerk of the Civil Court of Bibb County shall have in his hands any money, funds, or credits, which shall remain in his hands unclaimed by any person, firm or corporation for a period of six months, after all litigation in connection with such money, funds or credits, has been fully and finally disposed of by the Civil Court of Bibb County and by any appellate court, which said money, funds or credits shall have come into the hands of said clerk in connection with any case or matter pending at the time, or which has been pending in said Civil Court of Bibb County, it shall be the duty of the said Clerk of the Civil Court of Bibb County to notify the person, firm or corporation, whose property the records of said Civil Court of Bibb County indicates said money, funds or credits to be, by registered letter addressed to the said person, firm or corporation at the best obtainable address of the fact that such money, funds or credit are in his hands, and that unless the same are claimed within ten days, he will dispose of the same as hereinafter provided; and if after the expiration of the period of ten days from the mailing of said registered letter, the said money, funds or credit still remains in the hands of said clerk unclaimed, it shall be his duty to pay the same into the treasury of Bibb County, the same to be disposed of by the treasury, or other county authority having control of county funds, in the same manner as is hereinafter

Page 2580

provided as to funds placed in the treasury of Bibb County and arising from the sale of unclaimed property remaining in the hands of the Sheriff of said Civil Court of Bibb County; provided, however, that the Clerk of the Civil Court of Bibb County, at the time of paying over to the treasury of Bibb County any of such money, funds or credits, shall give to the Treasurer of Bibb County, or other county authorities having control of the funds of said county, full information in writing as to the case or matter in connection with which such money came into his hands, and as to the name of the person, firm or corporation indicated by the records of the Civil Court of Bibb County to be the owner of said money, funds or credits; and provided also that the expense incurred by the clerk in complying with this section shall be deducted from the money, funds or credits in his hands. Section 41. Disposition of property in hands of sheriff . Be it further enacted by the authority aforesaid, that whenever the Sheriff of the Civil Court of Bibb County shall have in his custody any property or effects, which has come into his possession by levy or seizure by virtue of any process or papers properly placed in his hands for execution, whether the levy be made by him or his deputy, which has been in his hands for a period of six months after all litigation concerning the same has been disposed of in the Civil Court of Bibb County and on appeal from that court, and it is unclaimed by any person, firm or corporation, it shall be the duty of said sheriff to give notice by registered mail to the owner of said property, if the name of such owner can be ascertained by reasonable inquiry, at the best obtainable address of such owner, specifying in said notice the property so remaining in his hands, and warning the said owner that the same will be sold in terms of the law unless the said property is claimed within ten days from the mailing of such notice; if, after the lapse of ten days from the mailing of such notice, no claim to said property is made, said sheriff shall advertise the same for sale as unclaimed property, specifying in said advertisement the process under which the same was

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seized, said advertisement to be published as other advertisements of property levied upon under process of said Civil Court of Bibb County. The proceeds of said sale shall be paid by the said sheriff into the treasury of Bibb County; provided, however, said sheriff at the time of paying over the said proceeds shall give to the Treasurer of Bibb County, or other county authorities, having charge of the funds of said county, full information in writing as to the process under which the said property was seized, and as to the nature of the property which was sold. Section 42. Duty of treasurer as to funds paid . Be it further enacted by the authority aforesaid, that the Treasurer of Bibb County, or other county authorities having charge of the funds of said county, shall keep any funds paid over to him, either by the Clerk of the Civil Court of Bibb County under Section 40 of this Act, or by the Sheriff of said Civil Court of Bibb County under Section 41 of this Act, in a separate account for a period of twelve months after the same is received. Should any person, firm or corporation claim the said fund within said period of twelve months, such claimant may file an affidavit of ownership with the Treasurer of Bibb County, or other county authorities having charge of the funds of said county, and may give bond in double the amount of the money claimed, with good security to be approved by the said treasurer, or other county authorities having control of the said fund, which said bond shall be conditioned to answer any demand thereon that may be proved and established in any court of this State within a period of two years from the date of said bonds, and shall be payable to the county authority having charge of said fund. Upon the making and filing of said affidavit and bond, said fund shall be delivered to the claimant. If no claim be filed to said money within a period of twelve months from the time the same is paid into the treasury of Bibb County, the same shall be taken out of the special account and be put in the general funds of Bibb County and become the property of Bibb County. In case conflicting claims are made to any of said money, it shall be the duty of the Treasurer of Bibb

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County, or other county authorities having charge of said fund, to require the claimants to litigate their claims in the Civil Court of Bibb County, and to hold the said fund and pay out the same according to the final results of such litigation; provided, however, all such litigation must be instituted within a period of twelve months from the time said money is paid into the treasury of Bibb County; provided, also, that the jurisdiction to hear and determine said claim is hereby expressly conferred upon the Civil Court of Bibb County regardless of the amount involved, and regardless of the residence of the parties, and the final order of said Civil Court of Bibb County shall specify which of said claimants is entitled to the funds, or whether either or any one of them has established his right thereto. In case the result of said litigation should be that neither of said claimants is entitled to the fund, the Treasurer of Bibb County, or other county authorities having control of said fund, shall continue to hold the same as unclaimed money and dispose of the same as hereinbefore provided. Section 43. Partial invalidity . If any clause, sentence, paragraph or 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 thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 44. This Act shall take effect upon its passage by the General Assembly and after its approval by the Governor of the State of Georgia on the first day of the next succeeding calendar month after its approval by the Governor of the State of Georgia. Section 45. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Bibb County. Appeared before the undersigned officer authorized

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to administer oaths in said State and county, Andrew W. McKenna, who, after being sworn, deposes and says that he is a Representative to the legislature of the State of Georgia from Bibb County and that he is the author of the attached and foregoing bill and that the attached notice of intention to apply for legislation was published in The Macon News on January 8, January 15 and January 22, 1955, all within sixty days of the day of introduction of said legislation. This 7th day of February, 1955. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 7 day of February, 1955. /s/ Janette Hirsch Notary Public, Georgia. Residing in Bibb County. 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. January 8, 1955; January 15, 1955; January 22, 1955. /s/ Florence J. Scott. Sworn to and subscribed to before me, this 22nd day of January, 1955. /s/ Anna J. Harris, Notary Public, Bibb County, Georgia. (Notarial Seal Affixed).

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Notice of Intention to Introduce in General Assembly of Georgia a Bill Affecting Civil Court of Bibb County. To Whom it May Concern: This is notice that at the approaching January, 1955, session of the General Assembly of Georgia, the General Assembly will be asked to pass an Act codifying the laws relating to and dealing with the Municipal Court of the City of Macon and its successor in name, jurisdiction and powers, the Civil Court of Bibb County, which Acts abolished justice courts and the office of justice of the peace and notary public; ex officio justice of the peace and the office of constable in the City of Macon and County of Bibb; to establish and create in lieu thereof a Civil Court of Bibb County; to define its jurisdiction and powers; to fix a cost schedule therefor; to provide for the election of a judge and the appointment of the other officers thereof; to provide for the equipment necessary to operate said court; to define the powers and duties and to provide for the fixing of the compensation of the officers of said court; to provide for rules of procedure and new trials in said court and writs of error therefrom; to provide for the designation and compensation of a court reporter in said court; and for other purposes. Any pertinent amendment may be introduced and notice thereof is hereby given. This 6th day of January, 1955. Andrew W. McKenna, Representative, Bibb County, Georgia. Approved March 3, 1955.

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EAST DUBLINCOMPENSATION OF MAYOR AND COUNCILMEN. No. 183 (House Bill No. 526). An Act to be entitled an Act to amend the charter of the Town of East Dublin, approved February 12, 1952, (Ga. L. 1952, p. 2369), as amended by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2245), so as to increase the salary of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2245), is hereby amended by striking Section 13 in its entirety and in lieu thereof inserting the following: Section 13. The salary of the mayor shall not exceed $40.00 per month. Members of the council shall receive $20.00 per meeting, provided, however, they shall not receive more than $20.00 for any one month, regardless of the number of meetings. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Certificate of Publication. State of Georgia, County of Laurens. I, the undersigned, W. H. Champion, editor of the Dublin, Georgia Courier Herald, a newspaper of general circulation in the above stated county, and in which the sheriff's advertising is published, do hereby certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said notices having been published on January 22, January 24, and January 31, 1955.

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This the 5th day of February, 1955. /s/ W. H. Champion, W. H. Champion. Legal 1413 Notice of Intention to Introduce Local Legislation. At the special request of the Mayor and Council of the Town of East Dublin, Georgia, and by virtue of a unanimous resolution passed by that body, the undersigned will introduce in the present session of the General Assembly of Georgia an Act to amend an Act entitled An Act to incorporate the Town of East Dublin, in the County of Laurens and for other purposes, approved February 12, 1952, so as to increase the authorized salary of the mayor of said town from $25.00 per month to $40.00 per month, and to increase the authorized compensation of members of the council from $2.00 per meeting to $20.00 per meeting, provided they do not receive more than $20.00 for any one month, and for other purposes. Paul J. Jones, Jr. Representative Place No. 2, Laurens County, Georgia. Jan. 22-24-31. Approved March 3, 1955. CITY COURT OF HALL COUNTYSALARY OF JUDGE AND OF SOLICITOR. No. 184 (Senate Bill No. 21). An Act to amend An Act to establish a City Court in the County of Hall, and to provide for the appointment of a judge and solicitor thereof, designated as Act No. 291, contained on pages 939 to 947, inclusive, of Volume II of Georgia Laws 1890-91; to repeal all

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laws and parts of laws amendatory thereto which are in conflict herewith, so as to fix the salaries of the judge and solicitor of said court at the sums of $4,800.00 and $4,200.00 respectively; provide the time and manner of paying said salaries; establish the effective date of this Act; repeal all laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that An Act establish a City Court in the County of Hall, and provide for the appointment of a judge and solicitor thereof, designated as Act No. 291, contained on pages 939 to 947, inclusive, of Volume II of Georgia Laws, 1890-91, and all amendments thereto which ar in conflict herewith, be and the same are hereby amended by fixing the salary of the judge of said court at $4,800 per annum, and the salary of the solicitor of said court at $4,200 per annum, both of said salaries to be paid monthly out of the treasury of Hall County authorized to pay out the funds of said county. The salaries herein fixed shall be expenses of said court. Salaries. Section 2. The effective date for the salary increases provided in this Act shall be January 1, 1956. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 3, 1955. GAINESVILLERETIREMENT SYSTEM. No. 185 (House Bill No. 477). An Act to amend an Act entitled Gainesville Retirement Fund, approved February 24, 1941 (Ga. Laws 1941, pp. 1453-1460), and Acts amendatory thereof, which was an Act to amend the charter of the City of

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Gainesville, and Acts amendatory thereof, by amending Section 2 thereof to provide for the payment into said retirement fund of 3% of the salaries of all employees of the City of Gainesville subject to the provisions of said Act, and the payment into said fund of a similar amount by the City of Gainesville; and by amending Section 10 and Paragraphs (a), (c) and (e) thereof to provide that any employee of said city, subject to the provisions of said Act, who may become totally and permanently disabled, may retire or be retired prior to the completion of 25 years of service, and to fix the terms and conditions under which such employee may be retired, to provide the method of determining when an employee subject to the provisions of said Act shall be deemed to be totally and permanently disabled, 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 said Act be amended by striking from Section 2 thereof the figures 2%, wherever the same appears, and inserting in lieu thereof the figures 3%, so that said section, as amended, shall read as follows: Section 2. From and after the passage of this Act the City of Gainesville shall, each month, levy upon the monthly salary of each and every salaried employee of said city, whose salary is paid by the month, an assessment of 3% of said monthly salary each month, which assessment shall be deducted from the salary of each employee by the city clerk or other officer in charge of the payment of such salaries. In like manner, the City of Gainesville shall, through its city commission, appropriate from the funds of the City of Gainesville, and pay into the retirement fund hereby created, a sum of money equal to 3% of the aggregate amount of the salaries of the employees affected hereby; the purpose being that the City of Gainesville will contribute to such fund a sum equal to the total sum contributed thereto by the

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employees of the City of Gainesville, and nothing in excess thereof. Deductions. Matching. Section 2. That Section 10 of said Act be amended by striking therefrom Paragraph (a) in its entirety, and substituting in lieu thereof a new Paragraph (a), so that Paragraph (a) of Section 10, as amended, shall read as follows: (a) To be eligible for retirement an employee must have reached the age of sixty years or must have been a salaried employee, in the aggregate service of the City of Gainesville, for twenty-five years, or must have become totally and permanently disabled, and must have paid into said retirement fund 3% of his monthly salary for at least two years. Eligibility. Section 3. That Section 10 of said Act be further amended by striking therefrom Paragraph (c) in its entirety, and inserting in lieu thereof a new Paragraph (c) to read as follows: (c) Retirement under the provisions of this Act shall be optional with or in the discretion of the board of trustees or a majority of them when the employee is between the ages of sixty and sixty-five years, but said board shall compel the retirement of any employee reaching the age of sixty-five years at the end of the month in which the sixty-fifth birthday of said employee is reached, and the board may also compel the retirement of any employee subject to the provisions of this Act who shall become totally and permanently disabled. Compulsory retirement. Section 4. That Section 10 of said Act be further amended by striking therefrom Paragraph (e) in its entirety and substituting in lieu thereof a new paragraph, so that Paragraph (e) of Section 10, as amended, shall read as follows: (e) No employee, subject to the provisions of this Act, shall be considered as totally and permanently disabled and retired by the board of trustees before reaching

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his twenty-fifth anniversary of service with said city, unless he shall have been found insane or incompetent in a regular proceeding for that purpose under the laws of Georgia, or (1) Such employee shall have been examined by three regularly licensed and practicing physicians, at least two of whom shall be selected by the board, who shall have certified in writing to the board that such employee is at least 75% totally and permanently disabled by reason of physical or mental disability, and Permanent disability. (2) Such employee shall be unable to prform another job or function with the City of Gainesville at a salary comparable to that which he was receiving when he became disabled, or no position exists in the employ of said city, at a salary comparable to that of such disabled employee, in which he may be employed. In making the decision required by this subparagraph the board may call upon the Civil Service Board of the City of Gainesville, whose duty it shall be, if possible, to place such disabled employee in another position with said city, at a salary comparable to that received by him when he became disabled, and if no such position be available or open, to so certify to the board of trustees, and (3) The board of trustees, by majority vote, after considering the certificates of physicians and making such other investigations as it shall deem needful in any case, determine that such employee is actually totally and permanently disabled. (4) Any employee who shall refuse to undergo a physical or mental examination as above provided, when ordered by the board of trustees, shall forfeit any rights he may have to retirement benefits under this Act, and the board shall certify to the civil service board that such employee refuses to be examined, and said civil service board may thereupon relieve such employee from duty without pay.

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(5) Any employee who shall become disabled and who shall not be able to perform his regularly assigned duties, who shall refuse other employment with the City of Gainesville in a position which he is able to fill and at a salary comparable to that recived by him at the time he became disabled, shall thereby forfeit his rights to retirement hereunder and may be dismissed by the civil service board without pay. Section 5. That the charter of the City of Gainesville be and it is hereby amended as provided in this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby expressly repealed. Georgia, Hall County. Personally appeared before the undersigned officer, authorized to administer oaths, Charles L. Hardy, who says upon oath that he is publisher of the Gainesville News, a newspaper having a general circulation in said county, and being the newspaper in which sheriff's advertisements are published, and that the following advertisement was duly published in said paper on January 20, 1955, January 27, 1955 and February 3, 1955. /s/ Chas. L. Hardy. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that the undersigned will, during the current session of the General Assembly of Georgia, introduce a bill to amend an Act entitled Gainesville Retirement Fund, approved February 24, 1941 (Ga. Laws 1941, pp. 1453-1460), and Acts amendatory thereof, which was an Act to amend the charter of the City of Gainesville, and Acts amendatory thereof, by amending Section 2 thereof to provide for the payment into said retirement fund of 3 pct. of the salaries of all employees of the City of Gainesville subject to the provisions of said Act, and the payment into said fund of a similar amount by the City of Gainesville; and by amending

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Section 10, and so many subparagraphs thereof as may be necessary, to provide that any employee of said city who is subject to the provisions of said Act who may become totally and permanently disabled, may retire prior to the completion of 25 years of service, and to fix the terms and conditions under which such employee may retire; and by amending Section 11 of said Act, and so many subparagraphs thereof as may be necessary, to provide, define and fix the retirement benefits to be paid to the employees retired under the provisions of said Act on account of total and permanent disability; to provide the method of determining when an employee subject to the provisions of said Act shall be deemed to be totally and permanently disabled, and for other purposes. W. M. Williams, Wm. B. Gunter, Howard T. Overby. (Jan. 20-27 Feb. 3) Sworn to and subscribed before me, this February 3, 1955. /s/ C. E. Smith, Jr. Notary Public, Hall County, Georgia. (Seal). Approved March 3, 1955. ELECTIONSUNOPPOSED CANDIDATES IN CERTAIN COUNTIES. No. 186 (House Bill No. 500). An Act to amend an Act providing for the use of voting machines in certain counties of this State, approved March 28, 1947 (Ga. Laws 1947, p. 1203) so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, and such unopposed

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candidate shall be declared to have received the total number of votes cast in such voting machine; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act providing for the use of voting machines in certain counties of this State, approved March 28, 1947 (Ga. Laws 1947, p. 1203), is hereby amended by adding a new section thereto to be known as Section 14-A, to read as follows: In any political party primary held in all counties having a population, under the last or any future Federal census, of not less than 100,000 inhabitants nor more than 150,000 inhabitants in which voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination to any office may be omitted from the ballot used in any such voting machine and any unopposed candidate shall be declared to have received the total number of votes cast in such voting machine. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1955. AUTHORIZING BACK SALARY FOR TROOPER DESSIE GRIFFIN. No. 40 (House Resolution No. 87-297G). A Resolution. Authorizing payment of salary to Trooper Dessie Griffin of the State Patrol; and for other purposes. Whereas, Trooper Dessie Griffin of the Georgia State Patrol went on military leave from the Patrol in

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1948 and after returning from service in the armed forces was not granted the proper increase to which he was entitled by law; and Whereas, the back pay to which he is entitled amounts to four hundred and one dollars and eighty-two cents ($401.82); and Whereas, it is only necessary that the General Assembly enact this resolution authorizing the Department of Public Safety to make such payment: Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is hereby authorized and directed to pay the aforesaid sum of four hundred and one dollars and eighty-two cents ($401.82) to Trooper Dessie Griffin. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 3, 1955. MACONSTREET CLOSINGS RATIFIED. No. 187 (House Bill No. 370). An Act to approve ratify and confirm acts of the City of Macon and of its mayor and council; in closing, vacating, and abandoning an alley known as First Street Lane situate between Wharf Lots Two (2) and Three (3) of the City of Macon; in selling and conveying the land formerly included in said First Street Lane to Southern Railway Company, its successors and assigns; in granting, selling and conveying to Southern Railway Company, its successors and assigns, an encroachment into Riverside Drive (Ocmulgee Street) and abutting, in part, upon an area formerly embraced within the limits of First Street Lane; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The action of the City of Macon and of its mayor and council, as shown by the minutes of a regular meeting of said mayor and council held September 21, 1954, in closing, vacating and abandoning an alley of the City of Macon, known as First Street Lane and situate between Wharf Lots Two (2) and Three (3) of the City of Macon, be and the same is hereby approved, ratified and confirmed as of the date of such action. First Street Lane. Section 2. The action of the City of Macon and of its mayor and council, as shown by the minutes of a regular meeting of said mayor and council held on September 21, 1954, in selling and conveying the property formerly embraced within the limits of the aforesaid First Street Lane to Southern Railway Company, its successors and assigns, and according to the terms of a deed thereto dated September 27, 1954, be and the same are approved, ratified and confirmed as of such respective dates. Conveyance. Section 3. The action of the City of Macon and of its mayor and council, as shown by the minutes of a regular meeting of said mayor and council held September 28, 1954, in granting, selling and conveying to Southern Railway Company, its successors and assigns, an encroachment into Riverside Drive (Ocmulgee Street) abutting, in part upon an area formerly embraced within the limits of the aforesaid First Street Lane, and in accordance with the terms of and the description contained in an encroachment deed dated October 13, 1954, be and the same are approved, ratified and confirmed as of such respective dates. Riverside Drive. Section 4. All laws and parts of laws in conflict with this law are hereby repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public,

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within and for above State and county, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates. December 10, 1954; December 17, 1954; December 24, 1954. /s/ Florence J. Scott. Sworn to and subscribed to before me, this 24th day of December, 1954. /s/ Anna J. Harris Notary Public, Bibb County, Georgia (Seal). To Whom it May Concern: You are hereby notified that the undersigned, or the City of Macon at the request of the undersigned, intends to apply to the General Assembly of Georgia and at the January 1955 session of the same for passage and approval of an Act to be entitled as follows and to accomplish the matters forecast thereby: An Act to approve, ratify and confirm acts of the City of Macon and of its Mayor and Council; in closing, vacating and abandoning an alley known as First Street Lane situate between Wharf Lots Two (2) and Three (3) of the City of Macon; in selling and conveying the land formerly included in said First Street Lane to Southern Railway Company, its successors and assigns; in granting, selling and conveying to Southern Railway Company, its successors and assigns, an encroachment into Riverside Drive (Ocmulgee Street) and abutting, in part, upon an area formerly embraced within the limits of First Street Lane; and for other purposes. Southern Railway Company. By: Bloch, Hall, Groover Hawkins. State of Georgia, County of Fulton. Personally appeared before the undersigned attesting

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officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that the foregoing notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit, on the 10th, 17th, and 24th days of December, 1954, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the county of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 31st day of January, 1955. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 4, 1955. COBB COUNTYFIRE PREVENTION DISTRICTS. No. 188 (House Bill No. 254). An Act to provide for the establishment of fire prevention districts in Cobb County, pursuant to constitutional provisions relative thereto; to provide that the governing authorities of Cobb County may establish fire prevention districts; to provide for an election for a determination as to a tax levy in such districts; to provide the procedure connected therewith; to provide for the borrowing of money for capital investment

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by the county or the fire prevention district, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to a constitutional amendment relative to the establishment of fire prevention districts in Cobb County (Ga. Laws 1937-38, Ex. Sess., p. 20), as amended by an additional constitutional amendment (Ga. Laws 1952, p. 516), the governing authorities of the County of Cobb are hereby authorized to establish and administer, within the bounds of the County of Cobb, districts for five prevention. In establishing such a district, the governing authorities may prescribe such boundaries for said district from time to time, as the governing authorities shall deem advisable. After it has been ascertained as to the desired boundaries of said district, the governing authorities shall pass a resolution which shall contain said description of each said district. Fire prevention districts. Section 2. The governing authorities shall then pass an order, directed to the Ordinary of Cobb County, to which shall be attached a copy of the aforesaid resolution, directing him to issue the call for an election in said district for the purpose of determining whether taxes shall be levied in such districts for fire prevention purposes. Election to determine taxes. Section 3. Not less than ten days after the receipt of the aforesaid resolution, the Ordinary of Cobb County shall issue the call for an election for the purpose of determining whether taxes shall be levied in each such fire prevention district for fire prevention purposes. The date of each such election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. 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 Cobb County. It shall be the duty of the ordinary to compile a list of voters for each fire prevention district established as aforesaid; and only those voters

Page 2599

who are duly registered to vote in the general election and whose residence is inside the boundaries of said fire district shall be qualified to vote. The ballot shall have printed thereon the words: For the levy of taxes not to exceed five mills for fire prevention purposes. Against the levy of taxes not to exceed five mills for fire prevention purposes. If sixty percent of those persons voting in such election in each district vote for the levy of such taxes, then the governing authorities of Cobb County shall be authorized to levy such taxes in that district. If less than sixty percent of those persons voting in such election do not vote for the levying of such taxes, then no such taxes shall be levied in that district. The votes in each fire prevention district shall be counted separately, and the votes in each district shall determine whether such taxes be levied in each particular district. Section 4. The Ordinary of Cobb County is hereby authorized to employ the necessary help in compiling the aforesaid list of voters for each district and in conducting such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. The expense of such election shall be borne by Cobb County. Conduct of elections. Section 5. In any fire prevention district which votes for levying such taxes, the governing authorities of Cobb County may levy up to five mills on the real property located in such district. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution of Georgia and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for fire prevention purposes in the fire prevention district only in which such funds are collected and not in any other fire prevention district of Cobb County. Use of taxes. Section 6. The governing authorities of Cobb County are hereby authorized to formulate rules and regulations

Page 2600

relative to the establishment and administration of such fire prevention districts as it deems necessary. Rules and regulations. Section 7. The governing authorities of Cobb County are hereby authorized to borrow such sums as are necessary in their discretions to effectuate the purposes and construct and maintain the projects hereinbefore authorized, to execute evidences of indebtedness therefor and to secure the payment of such indebtedness by the pledge of tax revenues authorized hereunder therefor. Loans. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed and if any section hereof is declared unconstitutional the remaining sections shall be considered separate and shall not be considered as a part of the section which is declared unconstitutional. Georgia, Cobb County. Personally appeared before me the undersigned attesting officer, Brooks Smith, publisher of the official organ of Cobb County, Georgia, the Cobb County Times, and certifies that the following was advertised in said newspaper once a week for three weeks during a period of 60 days before the date stated below and on the following dates: 12; 16-23-30 of 1954, as follows: T-1558. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1955 session of the General Assembly a bill to provide for the establishment of fire prevention districts in Cobb County, to provide for the method of establishing said districts; to provide for an election for a determination as to a tax levy in such districts and the procedure, therefor; to provide for the borrowing of money for capital investment by Cobb County or the said districts, and for other purposes. Fred D. Bentley, Harold Willingham, Raymond Reed. 12; 16-23-30.

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All as provided by law in Georgia Code Sec. 2-1915. This 18th day of January, 1955. /s/ Brooks Smith, Brooks Smith. Sworn to and subscribed before me, this 18th day of January, 1955. /s/ Margaret H. Smith, Notary Public, Cobb County, Ga. My commission expires Oct. 30, 1957. Notary Seal Affixed. Approved March 4, 1955. WARRENTON CITY LIMITS. No. 190 (House Bill No. 479). An Act to amend an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes, approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State highway from Highway Number Ten to Highway Number Twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway; and for other purposes. Section 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, that an Act entitled, An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes, approved July 30, 1908,

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as amended Februray 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State highway from Highway Number Ten to Highway Number Twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway; and for other purposes, be amended as follows: Section 2. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act the territorial limits of the City of Warrenton are extended to include a tract of land extending three hundred feet on each side of the center line of State Highway Number Twelve of the State of Georgia, beginning at the northwesterly city limits of the City of Warrenton on said highway and extending in a northerly direction a distance of seven hundred fifty feet, and also extending the territorial limits of the City of Warrenton so as to include a tract of land extending three hundred feet on each side of the center line of the Mayfield public road, on the western side of said city and beginning at the western limits of said city on said Mayfield Road and extending in a westerly direction the distance of five hundred thirty feet. Territory included. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Warren County. Personally before the undersigned an officer authorized under the laws of Georgia to administer oaths appeared Alva L. Haywood, who on oath says that he is the owner and publisher of the Warrenton Clipper, the official news organ of, and published in, Warren County, Georgia; that the notice of intention to apply for the passage of a local bill, copy of which as printed is hereto

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attached, was duly published in said newspaper on the 21st of January, 1955, 28th of January, 1955, and the 4th of February, 1955. This the 4th day of February, 1955. /s/ Alva L. Haywood. Sworn and subscribed to before me, this 4th day of February, 1955. /s/ Mrs. A. L. Ridles Notary Public, Warren Co., Ga. Notice of Intended Legislation. Notice is hereby given that a bill will be introduced for passage at the present session of the legislature of Georgia, entitled as follows: An Act to amend an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes, approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State Highway from Highway Number Ten to Highway Number Twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway; and for other purposes, so as to provide for changing the territorial limits of the City of Warrenton by extending the limits three hundred feet on each side of State Highway Number Twelve in a northerly direction seven hundred and fifty feet and three hundred feet on each side of the Mayfield Road in a westerly direction a distance of five hundred and thirty feet, and for other purposes. James F. Clary, Mayor, City of Warrenton, Ga. Jan. 21, 28, Feb. 4. Approved March 4, 1955.

Page 2604

GRIFFINSTREET CLOSING AUTHORIZED. No. 192 (House Bill No. 550). An Act to authorize the City Commissioners of the City of Griffin to close and vacate that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street; to provide that the City Commissioners of the City of Griffin may reopen that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street, without the necessity of obtaining the consent of the said railway company, or of condemnation proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City Commissioners of the City of Griffin are hereby authorized to close and vacate that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway street. North First Street. Section 2. The power, above authorized, to the City Commissioners of the City of Griffin, to close and vacate said portion of North First Street, is conditioned upon the further authorization that the City Commissioners of the City of Griffin may, at any time after closing and vacating said portion of North First Street, reopen the same for the use of the general public, without the necessity of obtaining the consent of the said railway company or of condemnation proceedings, which right to so reopen is expressly reserved by and granted to said city commissioners. Right to reopen.

Page 2605

Section 3. If any section, clause, paragraph, or any part of this Act be held unconstitutional by a court of competent jurisdiction, this Act shall be null and void and of no effect. Section 3-A. This Act shall become effective on March 1, 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Legal10212 Notice of Intent to Apply for Local Legislation. Notice is hereby given that an application is being made at the January, 1955, session of the General Assembly of Georgia for the passage of the following local bill: An Act to authorize and empower the City of Griffin, Spalding County, to close and vacate that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street. This the 10th day of December, 1954. Frank P. Lindsey, Jr., Arthur K. Bolton, Representatives-Elect, Spalding County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Frank P. Lindsey, Jr., who, on oath, depose and say that they are Representatives from Spalding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Griffin Daily News, which is the official organ of Spalding

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County, on the following dates: December 16, December 20, and December 28, 1954. /s/ Arthur K. Bolton, /s/ F. P. Lindsey, Jr., Representatives, Spalding County. Sworn to and subscribed before me this 9th day of February, 1955. /s/ B. N. Nightingale Notary Public, Glynn County, Georgia. Approved March 4, 1955. ATHENSSALE OF CERTAIN SCHOOL LANDS. No. 194 (House Bill No. 434). An Act to authorize the Board of Education of Athens to sell certain described property without the necessity of a public auction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Athens, Georgia, is hereby authorized to sell, notwithstanding any present law, the following property after publication of two (2) legal notices in consecutive weeks inviting sealed bids without the necessity of a public auction and to reinvest the proceeds for school purposes; to wit, Newton School real estate; Old Athens High School football field; portions of the Old Athens High School site; Athens High and Industrial School real estate and Reese Street School real estate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Pursuant to action of the Board of Education of Athens, Georgia, and Chapter 2-1915, Georgia Code of 1933, as amended, notice is hereby given that legislation will be introduced at the January session, 1955, of the General Assembly of Georgia, to amend the Act of 1884, and all Acts amendatory thereof, so as to authorize the said board of education, after publication of two (2) legal notices in consecutive weeks inviting sealed bids, to sell without the necessity of a public auction and to reinvest the proceeds for school purposes the following described real estate which under the building expansion made possible by the financing of the State School Building Authority is deemed by the board of education to be no longer necessary or suitable for school purposes: Newtown School real estate, Old Athens High School football field; portions of the Old Athens High School site; Athens High and Industrial School real estate; and Reese Street School real estate. This 5th day of January, 1955. Robert G. Stephens, Jr., R. Chappelle Matthews, Representatives. J 7-14-21 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chappelle Matthews and Robert G. Stephens, Jr., who, on oath, depose and say that they are Representatives from Clarke County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald, which is the official organ of Clarke County, on the following dates: January 7, January 14 and January 21, 1955. /s/ Robert G. Stephens, Jr., Representative, Clarke County. /s/ Chappelle Matthews, Representative, Clarke County.

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Sworn to and subscribed before me this 3rd day of February, 1955. /s/ Jean Kenny Notary Public. Notary Public, Fulton County, Georgia. My commission expires Jan. 26, 1957. (Seal) Approved March 4, 1955. BUDGETS IN CERTAIN COUNTIES. No. 196 (House Bill No. 436). An Act to amend an Act entitled An Act to repeal an Act entitled `An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word `authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes' approved March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto; and for other purposes approved March 2, 1953 (Ga. Laws Jan.-Feb. 1953 session, pp. 2815-2822) so as to provide that the comptroller shall be budget officer and by substituting the county manager for the county treasurer as a member of the budget commission; to provide that such county may accumulate a cash surplus or carry-over at the end of each year not to exceed two million dollars in the aggregate, under certain conditions, and to provide for the transfer of funds within a department under certain conditions; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act entitled An Act to repeal an Act

Page 2609

entitled `An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census; to define the word `authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes' approved March 16, 1939, appearing in Georgia Laws 1939, pp. 272-276 and all Acts amendatory thereto; and for other purposes approved March 2, 1953 (Ga. Laws Jan.-Feb. 1953 session, pp. 2815-2822) be and the same is hereby amended, as follows: Act of 1953 amended. Section 1. The words, county manager in counties where such chief executive officer is provided by law in Section 2, Subsection (b) shall be stricken and there shall be inserted in lieu thereof the words, comptroller in counties in which the head of the accounting division shall be designated comptroller by the authorities in charge of county affairs; so that said section when so amended shall read as follows: Sec. 2 amended. Section 2 (b). `Budget officer' shall mean comptroller in counties in which the head of the accounting division shall be designated comptroller by the authorities in charge of county affairs; in other counties to which this Act applies `budget officer' shall refer to the person designated by the authorities in such capacity. Budget officer. Section 2. The words county treasurer in lines 6 and 7 of Section 2, Subsection (c) shall be stricken and there shall be inserted in lieu thereof the words, county manager so that said section when so amended shall read as follows: Section 2 (c). `Budget commission' as provided in this Act shall mean the chairman of the board of county commissioners of roads and revenues in counties to which the Act applies having that form of government, and shall mean the ordinary in all other counties to which the Act applies, and the county manager in counties to which the Act applies having a county manager, and the

Page 2610

budget officer as referred to in Section 2 (b) of this Act. Budget commission. Section 3. The last sentence in Section 6 shall be stricken and there shall be inserted in lieu thereof the following language: The budget commission may exclude from anticipated revenue, all sums not exceeding two million dollars which may be accumulated as surplus or as unencumbered or unappropriated funds, actual or estimated, at the close of the county's books on December 31, of the current year, and may include as an item of expense or disbursement of funds, additions to such surplus or cash carry-over or unencumbered or unappropriated funds, an amount not to exceed two hundred fifty thousand dollars during any current year, provided the accumulation of such additional funds shall not operate at any time to accumulate as surplus or unencumbered or unappropriated funds any amount in excess of two million dollars in the aggregate. Provided further the reserve or surplus funds so excluded from anticipated revenue and accumulated as surplus as provided in this section shall be held in reserve and shall not be spent for any purpose except the following: Sec. 6 amended. (a) To meet the lawful expenses of the county included in the budget until receipts anticipated in the budget for the current budget year shall become available. (b) For capital improvements after public hearing upon the necessity for same. (c) To meet emergency expenses not included in the budget where the nature and extent of the emergency has been formally determined, declared, and spread upon the minutes of the governing authorities. (d) To extinguish any deficit in the budget resulting from a reduction in actual revenue received by the county, below that anticipated in the final budget as adopted. So that said section when so amended shall read as follows: Section 6. The budget commission shall include in its anticipation for the next fiscal year a sum not to exceed the actual revenue collected by the county from all sources during the period from January 1st to November

Page 2611

1st of the current year and the estimated revenue for the remainder of the current year, provided that there may be added to such anticipations a sum equal to not more than eighty-five (85%) percent of all tax executions on real estate and fifty (50%) percent on tax executions on personal property not more than three years old and choses in action owned by the county and certified by the tax collector or tax commissioner of such county as the case may be, as being solvent and collectible. Actual revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or from insurance thereon, nor shall actual revenue include any surplus or unencumbered or unappropriated cash balances carried forward from one fiscal year to the next. The budget commission may exclude from anticipated revenue, all sums not exceeding two million dollars which may be accumulated as surplus or as unencumbered or unappropriated funds, actual or estimated, at the close of the county's books on December 31, of the current year, and may include as an item of expense or disbursement of funds, additions to such surplus or cash carry-over or unencumbered or unappropriated funds, an amount not to exceed two hundred fifty thousand dollars during any current year, provided the accumulation of such additional funds shall not operate at any time to accumulate as surplus or unencumbered or unappropriated funds any amount in excess of two million dollars in the aggregate.

Page 2612

Provided further the reserve or surplus funds so excluded from anticipated revenue and accumulated as surplus as provided in this section shall be held in reserve and shall not be spent for any purpose except the following: (a) To meet the lawful expenses of the county included in the budget until receipts anticipated in the budget for the current budget year shall become available. Reserve fund. (b) For capital improvements after public hearing upon the necessity for same. (c) To meet emergency expenses not included in the budget where the nature and extent of the emergency has been formally determined, declared, and spread upon the minutes of the governing authorities. (d) To extinguish any deficit in the budget resulting from a reduction in actual revenue received by the county, below that anticipated in the final budget as adopted. Section 4. Section 8 shall be stricken in its entirety and there shall be inserted in lieu thereof a new Section 8 as follows: Sec. 8 amended. Section 8. A summary of the budget originally submitted by the budget officer, as amended and tentatively approved by the county commission, shall be published on or before the last Wednesday in December, in the newspaper in which the sheriff's advertisements appear. The budget as tentatively approved for publication, and all supporting data, shall be a public record open to inspection by anyone and shall be filed in the office of the clerk of the authorities and in the office of the budget officer. The authorities may consider the original budget and any amendment thereto at any regular or called meeting after its submission and shall hold at least one public hearing thereon before its final adoption, which public hearing shall be set by the authority

Page 2613

at one of its regular or called meetings and shall be announced in a public notice to be published in one or more of the newspapers published in said county. Changes, increases or decreases, variations and revisions of any items in the budget or of any total, subtotal or aggregate sum, may be made at any public meeting prior to final adoption of the budget, provided such changes, increases, decreases, transfers and revisions shall be recorded on the minutes of said meeting and provided further the total expenditures including all changes shall at no time exceed the total of the anticipated revenue as finally certified by the budget commission to the governing authority. The budget as finally adopted shall include all sums necessary to pay the interest and principal reduction or sinking fund requirements of all outstanding bond issues, and likewise sufficient funds to meet the requirements of the various departments of county government to enable the various departments to perform the duties imposed upon them by law, and the budget commission shall so certify. Section 5. There shall be added to Section 11 the following language: Notwithstanding any other provision of this law, funds set up or appropriated in the budget as finally adopted for any department may be transferred from one account to another, within the department, provided: (a) The total amount budgeted to said department shall not be exceeded except in a manner elsewhere provided in this Act; and provided further, (b) Funds shall not be transferred to the salary account or travel expense account from any other account except in the manner provided elsewhere in this Act. So that said Section when so amended shall read as follows: Sec. 11 amended. Section 11. The budget so adopted shall not be changed or altered during the fiscal year and the authorities may not vary the titles, descriptions or conditions of administration specified in the budget, except in the manner provided hereinafter. Any proposal to insert any additional item, increase or decrease any item or appropriation, transfer any item or to revise the

Page 2614

budget in any particular shall be made only at a regular meeting of the authorities and shall not be adopted until the next succeeding meeting of the authorities. No such revisions or changes in the budget as herein provided shall be made during the last two months of the fiscal year, except in case of emergency. Before any revision or change in the budget shall be made during the last two months of the fiscal year, the authorities shall first determine that an emergency exists and advertise such determination of emergency in the newspaper in which sheriff's advertisements appear, together with an explanation of the facts constituting the emergency, and a notice of a public meeting of the authorities to consider such proposed revision or change in the budget. Such public meeting shall be held not less than 48 hours after publication of the notice. No such budget revision or change shall be made except at a public meeting of the authorities. The authorities shall have no authority to transfer funds set aside for debt service or for the payment of outstanding obligations to any other purpose until all such obligations are paid. Should the anticipated income of the county be either increased or decreased by law or by a change in the tax rate or in the assessed value of property subject to taxation, the budget commission shall within a period of ten (10) days certify to the authorities the amount of the new budget for the balance of the fiscal year and such authorities, upon certification by the budget commission, shall adjust the budget accordingly. However, should any property of the county be damaged or destroyed by fire, windstorm or other casualty, the authorities may appropriate at any time for the restoration of such property any amount realized from insurance thereon, but any additional appropriations shall comply with the formalities herein provided. Notwithstanding any other provision of this law, funds set up or appropriated in the budget as finally adopted for any department may be transferred from one account to another, within the department, provided: (a) The total amount budgeted to said department shall not be exceeded except in a manner elsewhere provided in this Act; and provided further,

Page 2615

(b) Funds shall not be transferred to the salary account or travel expense account from any other account except in the manner provided elsewhere in this Act. Revision and changes. Transfer of funds. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 4, 1955. BROOKS COUNTY COMMISSIONERSCOMPENSATION. No. 197 (House Bill No. 547). An Act to amend an Act entitled, An Act to create a Board of County Commissioners for Brooks County, to prescribe the manner of the appointment of the members of said board, to define the powers and duties of such board, and to relieve the members thereof from road and jury duty during their term of office., approved August 11, 1881 (Ga. L. 1880-81, p. 518), as amended, so as to provide that the county commissioners may determine the salary of the chairman and the members of the board, but not to exceed a stated amount; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to create a Board of County Commissioners for Brooks County, to prescribe the manner of the appointment of the members of said board, to define the powers and duties of such board, and to relieve the members thereof from road and jury duty during their term of office., approved August 11, 1881 (Ga. Laws 1880-81, p. 518), as amended, is hereby amended by adding a new section to read: Section 2A. The Board of County Commissioners of Brooks County shall determine the compensation of the

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chairman and members of the board except that the salary of the chairman shall not exceed $100 per month, and the salary of each of the other members of the board shall not exceed $50 per month. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Brooks County. Personally before the undersigned, an officer authorized by law to administer oaths came Beth W. Powers who on oath deposes and sa[UNK]ys that she is associate editor of the Quitman Free Press, the official organ of Brooks County, Georgia, and that the attached Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press on the following dates, to wit: Jan. 13, 20, 27. /s/ Beth W. Powers. Sworn to and subscribed before me this the 4th day of Feb., 1955. /s/ Jean B. Wilson Notary Public, Brooks County, Georgia. My commission expires Sept. 30, 1958. (Seal) Approved March 4, 1955. CADWELL CORPORATE LIMITS. No. 199 (House Bill No. 226). An Act to amend the Act incorporating the Town of Cadwell, Laurens County, approved August 12, 1924 (Ga. L. 1924, p. 499), as amended, so as to enlarge the corporate limits thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act incorporating the Town of Cadwell, Laurens County, approved August 12, 1924 (Ga. Laws 1924, p. 499), as amended, is hereby amended by striking Section 2 in its entirety and in lieu thereof inserting the following: Section 2. The corporate limits of the Town of Cadwell shall encompass an area two thousand (2000) yards square with the center of said square being the intersection of Burch and Dexter Street in said town. Said area shall be the same as that set out in a plat recorded in Plat Book 2, page 498 in the office of the Clerk of the Superior Court of Laurens County, Dublin, Georgia, recorded December 2, 1954. Limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. At the special request of the Mayor and Council of the Town of Cadwell, Georgia and by virtue of a unanimous resolution passed by that body, the undersigned will introduce in the next session of the General Assembly of the State of Georgia, which will convene on the 2nd Monday in January 1955, an Act to amend an Act entitled An Act to incorporate the Town of Cadwell in the County of Laurens, and for other purposes, approved August 19, 1912, by extending the corporate limits of said town to include additional territory and to embrace the same within the town limits of the Town of Cadwell, and for other purposes. A plat of said town showing the territory embraced within the extension of the town limits is on file in the Office of the Clerk of the Superior Court, Laurens County, Georgia in Plat Book 2, Page 498, for inspection by all interested persons. This 3rd Day of December 1954. /s/ Paul J. Jones, Jr. Paul J. Jones, Jr., Representative-Elect, Laurens County, Georgia.

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State of Georgia, County of Laurens. I, W. H. Champion, editor and publisher of the Dublin Courier Herald, the official organ of Laurens County in which the advertisements of the sheriff's sales are published, do certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said notice having been published on December 4, 1954, December 11, 1954, and December 18, 1954. This 5th Day of January 1955. /s/ W. H. Champion W. H. Champion, Editor Publisher Dublin Courier Herald Dublin, Georgia. Approved March 4, 1955. DOUGHERTY TAX COMMISSIONER AND ASSISTANTSCOMPENSATION. No. 200 (House Bill No. 273). An Act to amend an Act entitled An Act to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner of Dougherty County; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes, approved February 19, 1953 (Ga. Laws 1953, Jan.-Feb. sees., p. 2419), to change the compensation of the Tax Commissioner of Dougherty County, to make specific provisions for clerical assistance and for the compensation of clerical assistance to said tax commissioner;

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to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to consolidate the office of Tax Receiver and the office of Tax Commissioner of Dougherty County; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes, approved February 19, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 2419), is hereby amended by striking Section 2 in its entirety and in lieu thereof, inserting the following: Section 2. The tax commissioner is hereby authorized to employ a full time assistant at a salary of not more than three hundred dollars ($300.00) per month, and another full time assistant at a salary of not more than two hundred twenty-five ($225.00) per month, payable from the funds of Dougherty County. The tax commissioner, with the consent of the County Commissioners of Dougherty County, may employ such additional assistance as he deems necessary at a salary to be fixed by the tax commissioner, but the salary for any person so employed shall not exceed two hundred twenty-five ($225.00) per month, payable from the funds of Dougherty County. Assistants. Section 2. Said Act is hereby further amended by striking the words seven thousand five hundred dollars ($7,500.00) per annum wherever they appear therein and by inserting in lieu thereof the words eight thousand two hundred and fifty dollars ($8,250.00) per annum. 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 application will be made

Page 2620

at the next session of the General Assembly of Georgia for the passage of a bill to amend the Act establishing a Tax Commissioner for Dougherty County, Georgia, so as to change the compensation provided for said commissioner in said Act and so as to make specific provisions for clerical assistance and for the compensation of clerical assistance to said tax commissioner. This 6th day of January, 1955. /s/ Jim Denson. /s/ Stuart Watson. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of The Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in The Albany Herald on January 8, 15 and 22, 1955. This 22 day of January, 1955. /s/ James H. Gray James H. Gray. Sworn to and subscribed before me, this 22 day of January, 1955. /s/ Carol Farkas Notary Public. Notary Public, Dougherty County, Georgia. My commission expires Jan. 5, 1958. (Seal) Approved March 4, 1955. DUBLINWATER, LIGHT AND GAS COMMISSION. No. 201 (Senate Bill No. 73). An Act to amend an Act approved March 31, 1937 (Ga. Laws 1937, p. 1771), as amended, creating a new charter for the City of Dublin, so as to establish a

Page 2621

water, light, and gas commission for the said city; to provide for the election of the members thereof and define their duties; to provide for their compensation; to provide for the disposition of surplus revenue; to provide a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 31, 1937 (Ga. Laws 1937, p. 1771), as amended, creating a new charter for the City of Dublin, is hereby amended by adding after Section 29 of Article II thereof, the following sections: Section 30 (a). The persons so elected shall take office and enter upon the duties of their office at the same time as mayor and aldermen of said city in January 1956. There is hereby created a water, light, and gas commission for the City of Dublin, to consist of five citizens, who shall serve for terms of five years each and until their successors are elected and qualified, except for the first election as hereafter provided. Immediately after the approval of this Act, the persons having the responsibility of conducting elections for the City of Dublin shall make public announcement for all persons desiring to qualify as candidates for said offices to submit applications therefor. Said candidates shall be residents and qualified voters of the City of Dublin and shall be voted on by the qualified voters of Dublin at the regular election for city officials to be held in said city during December, 1955, and at all subsequent elections during such month of subsequent years. At the election held during December, 1955, the candidate receiving the highest number of votes shall serve for five years and until his successor is elected and qualified; the person receiving the next highest number of votes shall serve for four years and until his successor is elected and qualified; the person receiving the next highest number of votes shall serve for three years and until his successor is elected and qualified; the person receiving the next highest number of votes shall serve

Page 2622

for two years and until his successor is elected and qualified; the person receiving the next highest number of votes shall serve for one year and until his successor is elected and qualified. In all subsequent elections, all members shall be elected for terms of five years each. The members of said board shall each receive reasonable compensation, to be set by the mayor and aldermen, at not less than $300.00 per annum, and not more than $600.00 per annum. Water, light and gas commission. Election and terms. (b) Said water, light, and gas commission shall take complete charge of the water and sewerage systems now in existence and such water and sewerage, light, and gas systems as may hereinafter exist in the City of Dublin, and said commission shall hire and discharge all employees in said system, including the superintendent thereof, if any, and fix their compensation, without any advice from the mayor and aldermen. Said commission shall also have the authority to make all purchases of material and supplies for said systems. 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 Dublin 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 Laurens County; 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 shall be sufficient to justify the cost thereof and furnish sufficient revenue to provide an adequate return upon the investment involved. Said City of Dublin 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. Said commission shall have full power and authority to fix and prescribe the rates to be charged for

Page 2623

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 regulations, control and operation of similar facilities within the corporate limits of said city. Systems outside corporate limits. (c) It shall be the duty of said water, light and gas commission to make monthly itemized reports to the mayor and aldermen, 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 originals 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 aldermen whenever called upon for the purpose of being examined with reference to any matter affecting the water, light and gas commission, and their actings and doings. All vacancies occurring in the office of such commission shall be filled by popular election, especially called for that purpose. Said water, light, and gas commission shall be required to give good and sufficient bonds, payable to the City of Dublin, for the forthcoming of all funds and records entrusted to them, and for their actings and doings as said commissioners, said bonds to be assessed by the city council, and shall have no other connection or hold any other office with the City of Dublin. Reports and investigations. Vacancies. Bonds.

Page 2624

(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. Said water, light, and gas commission shall appoint and employ all employees, superintendents and other supervisory officers needed or desirable in the conduct and management of any water, light, and gas system operated by them, and they shall have authority to set the compensation of such officers and employees. Such officers and employees shall be subject to removal at any time with or without consideration by the commissioners. Quorum. Employees. (e) 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, stop-cocks 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

Page 2625

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 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 examination is made, and such alterations 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 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. Rates. Rules and regulations. Same. 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, 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. 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,

Page 2626

commercial and industrial use and to establish, maintain and operate 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 systems of said city. Gas system. Section 1A. It shall be the duty of the Mayor and Council of the City of Dublin to issue a call for an election to be held on the second Tuesday in May, 1955, for the purpose of submitting this Act to the voters of the City of Dublin for approval or rejection. The date and purpose of the election shall be published three (3) times a week for three (3) weeks immediately preceding the date thereof in the official gazette of the City of Dublin. Such publication shall fully inform the voters of the contents of this Act. The ballots shall have printed thereon the words: `For approval of the Act amending the city charter of Dublin so as to establish a water, light and gas commission for said city; to provide for the election of the members thereof and to define their duties; and to provide for their compensation.' `Against approval of the Act amending the city charter of Dublin so as to establish a water, light and gas commission for said city; to provide for the election of the members thereof and to define their duties; and to provide for their compensation.' Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such elections vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election 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 Dublin. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare

Page 2627

and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State. Section 1B. All surplus revenue above the cost of operation, maintenance, extensions, payment on bonds or revenue anticipation certificates (including payments into sinking funds), from the operation of the water, gas or light systems, shall be turned over to the City of Dublin and for the operation of the city government. A separate record and account of each utility system shall be maintained and shall show among other things all receipts, purchases and expenditures, as well as the amount of indebtedness, including revenue-anticipation certificate liability outstanding on each system. Surplus revenue. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 4, 1955. HALL COUNTYCOMPENSATION OF CERTAIN OFFICERS. No. 202 (House Bill No. 47). An Act to provide for a referendum by which a majority of the qualified voters of Hall County voting in said referendum can place the Sheriff of Hall County, the Clerk of Superior Court of Hall County and Clerk of City Court of Hall County, and the Ordinary of Hall County on a salary system of compensation; to provide for assistant personnel for said officers and their compensation; to provide for expenses in operating said offices; to provide that all fees and other income of said offices shall be collected for Hall County and paid to Hall County; to provide that if the salary system of compensation is approved in said referendum

Page 2628

that the salary system of compensation as set out herein shall be put into effect with the terms of office commencing January 1, 1957; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Commencing with the terms of office which begin on January 1, 1957, the Sheriff of Hall County, the Clerk of Superior Court of Hall County and Clerk of City Court of Hall County (who shall be one person with one salary) and the Ordinary of Hall County shall be paid salaries monthly by Hall County, and said salaries shall be said officers' sole compensation for performing the duties of their respective offices. Salary system. Section 2. The Sheriff of Hall County shall be paid a salary of $10,000.00 per year by Hall County in equal monthly installments at the end of each calendar month. Salaries. The Clerk of Superior Court of Hall County and the Clerk of City Court of Hall County (who shall be one office-holder with one salary) shall be paid a salary of $10,000.00 per year by Hall County in equal monthly installments at the end of each calendar month. The Ordinary of Hall County shall be paid a salary of $6,000.00 per year by Hall County in equal monthly installments at the end of each calendar month. Section 3. The sheriff, clerk, and ordinary shall have the sole authority to select, hire, fire, and fix the compensation of their necessary employees. The salaries of said employees and the necessary operating expenses of each office shall be paid by Hall County in addition to the salaries of said officers. Employees. Section 4. 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

Page 2629

service by any of said officers shall be collected by each and all of said officers for the sole use of Hall County and shall be paid by said officers to Hall County by the 15th day of each month following the month during which said sums were collected. The Commissioners of Roads and Revenues of Hall County shall cause a certified public accountant to make an annual audit of the records of each of said officers not later than 90 days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Hall County by each respective officer and all funds due the county but not collected by each respective officer. The expense of preparing such audit for each respective office shall be paid for by Hall County. Fees, costs, etc. Section 5. For all funds due Hall County under the preceding section of this Act but which remain uncollected from the party or parties owing same, the clerk of superior court shall issue an execution in favor of Hall County against the party from whom said funds are due and said execution shall be directed and levied in the same manner as now provided by law for other executions. Such execution shall constitute a lien in favor of Hall County equal in rank to a lien for taxes in favor of Hall County. Executions. Section 6. This Act shall not become effective unless approved by the people in a referendum election held for such purpose. The Ordinary of Hall County shall issue the call for an election for the purpose of submitting this Act to the voters of Hall County for approval or rejection. The date of the election shall be set for a day in the fourth week of November, 1955. 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 Hall County. The ballot shall have printed thereon the words: For approval of the Act placing the Sheriff of Hall County, the Ordinary of Hall County, the Clerk of the Superior Court of Hall County and of the City Court of Hall County on a salary basis in lieu of a fee basis. Against approval of the Act placing the Sheriff of Hall County, the Ordinary of

Page 2630

Hall County, the Clerk of the Superior Court of Hall County and of the City Court of Hall County on a salary basis in lieu of a fee basis. Referendum. All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote 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 such election 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 Hall County. It shall be the duty of the ordinary to hold and conduct such election. 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 7. All laws and parts of laws in conflict of this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that application has been made to the representatives of Hall County Georgia to introduce in the General Assembly of Georgia which convenes in January, 1955, a bill to provide for a referendum by which a majority of the qualified voters of Hall County voting in said referendum can place the Sheriff of Hall County, the Clerk of Superior Court of Hall County and the Clerk of City Court of Hall County, and the Ordinary of Hall County on a salary system of compensation; to provide for assistant personnel for said officers and their compensation; to provide for expenses in operating said offices; to provide that all fees and other income of said offices shall be collected for and paid to Hall County; to provide that if the salary system of compensation is approved in said referendum that the salary system of compensation as set out therein shall be put into effect with the terms of office commencing

Page 2631

January 1, 1957; to repeal conflicting laws; and for other purposes. This notice is given in compliance with Sections 2-1915 and 47-801, Ga. Code Ann. /s/ Wm. B. Gunter. /s/ W. M. Williams. Affidavit. William B. Gunter and W. M. Williams 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 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 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. /s/ W. M. Williams. Sworn to and subscribed before me this 12th day of January, 1955. /s/ Arthur K. Bolton Notary Public, Spalding County, Ga. Approved March 4, 1955.

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CLERK OF SUPERIOR COURTSALARY IN CERTAIN COUNTIES. No. 203 (House Bill No. 343). An Act to amend an Act entitled An Act, to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of other courts) the sheriff, the ordinary, the tax collector and the tax receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes (Ga. Laws 1924, pp. 87-89) as heretofore amended, so as to provide that in such counties the salary of the clerk of the superior court shall be eleven thousand dollars per annum payable in twelve equal monthly instalments; 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 entitled An Act, to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of other courts) the sheriff, the ordinary, the tax collector and the tax receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes (Ga. Laws 1924, pp. 87-89) as heretofore amended, be further amended by striking the period at the end of Section 4 and inserting in lieu thereof a semi-colon, and by adding the following language, to wit: provided the amount so designated and set apart as salary for the clerk of the superior court of such counties, shall be the sum of eleven thousand ($11,000.00) dollars per annum, payable in twelve equal monthly instalments. So that said section when so amended shall read as follows: Section 4. At least ten days before the first day of January in each year (beginning with January, 1925), the officers to whom this Act applies shall furnish to the

Page 2633

county commissioners (or other county authorities having jurisdiction over revenues and roads in said county as described in Section 3) a statement as to the number of assistants or deputies required by each official, together with a recommendation as to the salaries, and shall likewise furnish a statement of the other expenses connected with the administration of each said office, and thereupon the said county commissioners (or other authority having charge of county roads and revenues) shall fix the salaries of such assistants or deputies, and shall set apart for expenses such funds as they may decide to be proper for each officer; provided the amount so designated and set apart as salary for the clerk of the superior court of such counties, shall be the sum of eleven thousand ($11,000.00) dollars per annum, payable in twelve equal monthly instalments. Section 2. Be it further enacted, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 4, 1955. COUNTY TREASURER'S SALARY IN CERTAIN COUNTIES. No. 205 (House Bill No. 480). An Act to amend an Act which is 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

Page 2634

officers; to provide for the payment of salaries and compensation of county officers, deputies, clerks, assistants and the county attorneys in such counties; to provide for the furnishing the sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees; to provide that no county official, deputy, assistant or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to their respective offices; to abolish county police in such counties, except as shall be done through the sheriff's office in such counties; to fix the compensation of the members of the board of roads and revenues of such counties; to fix the salary of the county attorney of such counties and to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; by striking the figures in Section 2, Paragraph f $6,562.44 and inserting in lieu thereof $7,850.00 so that said Section 2, Paragraph f when amended shall read as follows: The county treasurer, an annual salary of $7,850.00. Section 1. Be it enacted by the General Assembly 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

Page 2635

States census or any subsequent census, approved March 11, 1953, (Acts 1953, p. 3213,) be, and the same is hereby amended by striking the figures in Paragraph f, Section 2, $6,562.44 and inserting in lieu thereof $7,850.00, so that Paragraph f of Section 2 shall read as follows: (f) The county treasurer, an annual salary of $7,850.00 per annum, payable in equal monthly installments. Salary. 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. /s/ R. Lee Chambers R. Lee Chambers, Representative Richmond County. /s/ W. W. Holley William W. Holley, Representative Richmond County. /s/ Carl E. Sanders Carl E. Sanders, Representative Richmond County. Approved March 4, 1955. LOCAL GOVERNMENT IMPROVEMENT COMMISSIONS IN CERTAIN COUNTIES. No. 206 (House Bill No. 481). An Act to authorize the establishment in certain counties and municipalities of a commission to be named the Local Government Improvement Commission; to provide for studies, investigations and determinations as to the feasibility of combining duplicative governmental services; to provide for recommendations relative to the combining of such services; to provide for the appointment of members; to provide for qualifications; to provide for payment of expenses; to provide for the employment of personnel; to provide a

Page 2636

date for rendering reports; to provide for the method of activation of the commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Authority is hereby granted to each county having a population of not less than 150,000 and not more than 300,000 according to the United States census of 1950 or any future census, and in which is located a municipality having a population of not less than 100,000 according to the United States census of 1950 or any future census, and to all such municipalities in all such counties to establish and activate, as hereinafter prescribed a commission to be designated as the Local Government Improvement Commission. Counties in which applicable. Section 2. Such commission may be established jointly by such county and such municipality or separately by either. The commission shall be composed as follows: three members shall be appointed by the mayor or other head of the municipality, and three members shall be appointed by the chairman of the county commissioners of the county, or by the ordinary, as the case might be. All such members must be residents of such county, but may reside either within or without the corporate limits of the municipality. The person or persons serving in the House of Representatives from such county shall likewise be on said commission, and the person representing the senatorial district in which such county is located shall likewise be a member of the commission if he is a resident of such county. Commission. Section 3. Such commission shall be considered activated whenever the members from such county or such municipality shall have been appointed, and when more than three-fifths (3/5) of the members of such commission shall have been duly sworn. The members shall take an oath to be administered by the judge of the superior court of the county that they shall truly and well execute the duties of their office.

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Section 4. Within 10 days from the date of the activation of the commission, the members thereof shall hold an organizational meeting, at which time a chairman, a vice-chairman, and a secretary shall be elected. Each member shall have an equal vote in the affairs of the commission. No member shall receive any compensation for his services. The commission shall meet at such times as may be set by the commission and upon the call of the chairman or a majority of the members thereof. The commission is hereby authorized to employ any personnel, including professional, technical and clerical, as shall be necessary to the performance of their duties. Section 5. As soon as possible after the organizational meeting, the commission shall prepare a budget, which shall be subject to the approval of the governing authority of the municipality and of the county in the event both the municipality and the county are represented on the commission. If only one is represented, it shall only be necessary that the budget be approved by the governing authority of the one represented. In the event both are represented, all expenses shall be borne equally. No expenditures of funds shall be made by the commission until the budget has been approved. The funds necessary for the purposes of this Act shall be turned over to the commission by the governing authority of the county and the municipality, if expenses are to be borne equally, or by the governing authority of the one represented on the commission if only one is represented. Such funds, however, shall only be transmitted to the commission upon an approved budget, as prescribed hereinbefore. The commission is hereby authorized to accept any gifts, donations or grants to be used to carry out the purposes of this Act. Budget. Funds. Section 6. A. The commission shall make studies and investigations with a view towards a determination as to whether any services furnished by the county or the municipality are duplicative in nature. Studies and investigations. B. The commission shall study and investigate any

Page 2638

governmental functions with a view toward determining whether such functions are conflicting and confusing, to the detriment of the citizens of either or both the county and the municipality. C. The commission shall seek to determine: 1. Which of the services of the county and the municipality may be successfully combined so as to create a savings to either or both governments. 2. What services may be successfully expanded in their scope by being combined, and 3. What services would be more convenient and beneficial to the citizens if combined. D. The commission shall also seek to determine what governmental functions of the county and the municipality, should be coordinated to the best interests of the affected citizens. Section 7. After making such investigations, studies and determinations, the commission shall prepare a report which shall contain its findings, its determinations, and its recommendations. Such report shall be as full and comprehensive as possible, and shall be accompanied by drafts of any proposed constitutional amendments or legislation which the commission deems necessary to effectuate and accomplish the desired results as contained in its recommendations. Six copies of the report shall be filed in the office of the clerk of the superior court of the county and six copies shall be filed in the office of the city clerk or other comparable municipal office of the affected municipality. Copies of the report shall be issued to newspapers circulated in such county or municipality, to radio and television stations, if any, and shall be publicized in such manner so that the citizens of the county and the municipality shall be made aware of the contents thereof. Report.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. TAX RECEIVER'S COMPENSATION IN CERTAIN COUNTIES. No. 207 (House Bill No. 224). An Act to provide that in certain counties the tax receiver shall receive one and one-fourth (1%) percent of the county-wide school tax; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all the counties of this State having a population of not less than 6050 and not more than 6300, according to the official United States census of 1950, or any future census, the tax receiver shall receive one and one-fourth (1%) percent of the county-wide school taxes which are collected and such commission shall be in addition to any other compensation received by said tax receiver. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. ROSWELL CORPORATE LIMITS. No. 209 (House Bill No. 367). An Act to amend an Act establishing a new charter for the City of Roswell approved February 9, 1950 by

Page 2640

defining the territorial limits and adding additional territory to the limits of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 2 of the Act creating a new charter and municipal government for the City of Roswell, Georgia, approved February 9, 1950 (Ga. Laws 1950, p. 2178) be and the same is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a New Section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Roswell are defined to be: Beginning at the southeast corner where Vickery Creek enters the Chattahoochee River and running north along Vickery Creek, making said creek the boundary line, to the mouth of Oxbo Creek, thence north along Oxbo Creek to a point 634 feet north of the south line of land lot No. 425, thence east a distance of 1749 feet to an iron pin on west side of Oxbo Road right-of-way, thence in a northeasterly direction along the west side of said Oxbo Road 2405 feet to a point, said point being 117 feet east of the northwest corner of land lot No. 489, thence west along land lot line 2333 feet to Oxbo Creek, thence in a northeasterly direction along said creek to where the old Cobb County, now Fulton County line crosses said creek, thence west along the line of old Cobb County, now Fulton and old Milton County, now Fulton County to Canton Road, thence west to the northwest corner of land lot No. 388, thence south on a line with the west line of said land lot No. 388 to the southwest corner of land lot No. 381; thence east along the line of land lots Nos. 381, 418, 420 to a point where the south line of lot No. 420 crosses the Chattahoochee River, thence in an eastern direction along the northern bank of said river to the starting point at the mouth of Vickery Creek.

Page 2641

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are made a part of this bill and reference is made thereto. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 5, 12, 19, 26 days of January, 1955, as provided by law. /s/ A. M. Kempton. Subscribed and sworn to before me this 27th day of January, 1955. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires March 8, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of Georgia which convenes on the second Monday in January 1955, to amend an Act creating a new charter for the City of Roswell, Georgia, said Act being approved February 9, 1950 (Ga. Laws 1950, p. 2178), by defining the territorial limits of said City of Roswell and by adding additional territory to the limits of said city, and for other purposes. Wm. E. Spence, City Attorney, City of Roswell, Ga. Jan 5 12 19 26

Page 2642

Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of Georgia which convenes on the second Monday in January 1955, to amend an Act creating a new charter for the City of Roswell, Georgia, said Act being approved February 9, 1950 (Ga. Laws 1950, p. 2178), by defining the territorial limits of said City of Roswell and by adding additional territory to the limits of said city, and for other purposes. Wm. E. Spence, City Attorney, City of Roswell, Ga. Jan 5 12 19 26 Approved March 4, 1955. RICHMOND COUNTY OFFICERS AND EMPLOYEES TENURE ACT AMENDED. No. 210 (House Bill No. 330). An Act to provide that the county physician or coroner's physician hereinafter employed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall not be affected by, nor entitled to any of the benefits of any tenure Act now in effect or hereinafter enacted affecting employees in said Richmond County; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the county physician or coroner's physician for Richmond County hereinafter employed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall not be affected by, nor entitled to the benefits of any tenure act now in effect in said county, pertaining to employees. Not applicable to county physician.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Section 3. Be it further enacted that a notice of the intention of the authors to introduce this legislation was duly published in the Augusta Chronicle, the newspaper in which the official advertisements of the sheriff and other officers of Richmond County, Georgia, customarily appear, once a week for three consecutive weeks during the sixty days period of the time immediately preceding the introduction hereof; and the proof of such publication, consisting of an affidavit of the publisher, is hereto attached and incorporated as an integral portion of this Act. Affidavit of Publication. Attorney or Agency Richmond County Commissioners. 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 Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local LegislationCounty Physician, duly appeared in said newspaper on the following dates to wit: January-7-14-21-1955. /s/ Jack E. Webb. Sworn to and subscribed before me, this 22nd day of January 1955. /s/ Geo. M. Peters Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal)

Page 2644

Notice. Notice is hereby given that there will be introduced at the January session, 1955, of the General Assembly of Georgia, local legislation to amend the Richmond County Officers and Employees Tenure Act to provide that the county physician of said county hereafter elected by the board of commissioners of roads and revenues of said county shall be exempt from the provisions of the Richmond County Officers and Employees Tenure Act. W. W. Holley, R. Lee Chambers, III, Carl E. Sanders. Jan. 7, 14, 21. Approved March 4, 1955. RICHMOND COUNTY BOARD OF EDUCATIONCOMPENSATION. No. 211 (House Bill No. 556). An Act to amend an Act entitled An Act to provide for the continued existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and control as provided in an Act entitled `An Act to regulate public instruction in the County of Richmond,' approved August 23, 1872, pages 456-463, as amended by this Act; to repeal all Acts hitherto passed amendatory of or supplemental to said Act approved August 23, 1872; to amend said Act approved August 23, 1872; so as to provide for the management and control of such public school system as a single district; for the election, terms of office, organization, powers, compensation and duties of the board of education; for the method of making appropriations and the levying and collection of taxes for the support of such

Page 2645

public school system, for the appointment, powers and duties of a superintendent of schools; for the operation of the schools according to an annual budget, for the tenure and compensation of teachers; for the creating of debts and for other purposes, by striking Section 9 of said Act and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Compensation, Board of Education. Be it further enacted that each member of the board may be paid a sum not to exceed $300.00 per annum, that the vice-president of said board may be paid a sum not to exceed $600.00 per annum, and the president of said board may be paid a sum not to exceed $900.00 per annum, said amounts to be paid in equal monthly installments; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved February 25, 1949 and all Acts amendatory thereof is hereby amended by striking Section 9 of said Act and inserting in lieu thereof a new Section 9 which shall read as follows: Section 9. Compensation, Board of Education. Be it further enacted that each member of the board may be paid a sum not to exceed $300.00 per annum, that the vice-president of said board may be paid a sum not to exceed $600.00 per annum, and the president of said board may be paid a sum not to exceed $900.00 per annum, said amounts to be paid in equal monthly installments; provided that the same shall be only upon the approval and affirmative action of said board of education. Compensation. Notice of Publication. A copy of the notice of intention to apply for this local legislation and affidavit of its authors to the effect that said notice has been published as required by law are attached hereto and made a part of this Act, and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage

Page 2646

of local legislation have been complied with for the enactment of this law. Personally appeared before the undersigned officer, duly authorized to administer oaths, W. W. Holley, Carl E. Sanders and R. Lee Chambers, III, who on oath depose and say that the following notice was published in the Augusta Chronicle, the official gazette for sheriff's advertisements of Richmond County, on Jan. 15, 22, 29th, 1955. /s/ W. W. Holley, W. W. Holley, /s/ Carl E. Sanders, Carl E. Sanders, /s/ R. Lee Chambers, III, R. Lee Chambers, III. Sworn to and subscribed before me this 10th day of Feb., 1955. /s/ John W. Sognier Notary Public County of Chatham State of Georgia. Affidavit of Publication. Attorney or Agency... Frank 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 Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local Legislation duly appeared in said newspaper on the following dates to wit: January-15-22-29-1955. /s/ Jack E. Webb.

Page 2647

Sworn to and subscribed before me this 9th day of January, 1955. /s/ Geo. M. Peters Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. Notarial Seal Affixed. Notice. Notice is hereby given that there will be introduced at the 1955 session of the General Assembly of Georgia local legislation to amend Georgia Laws 1949, pages 1435-1460, which is an Act to provide for the continued existence of the public school system in the County of Richmond in accordance with Section X, Article VIII of the Constitution of the State of Georgia, so as to provide that the members of the County Board of Education of Richmond County, Georgia, shall be entitled to a salary of $600 per annum, that the vice-president of the County Board of Education of Richmond County, Georgia, shall be entitled to a salary of $900 per annum, and that the president of the County Board of Education of Richmond County, Georgia, shall be entitled to a salary of $1200 per annum; to change the election dates of the member of said board and for other purposes. W. W. Holley, Carl E. Sanders, R. Lee Chambers, III. Jan. 15, 22, 29. Approved March 4, 1955. ALBANY CHARTER AMENDED. No. 212 (House Bill No. 290). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws

Page 2648

1923, p. 370), as amended, particularly by an Act approved February 1, 1951, (Ga. Laws 1951, p. 2090), so as to remove the restrictive term of office for officers and employees of said city; to make provisions relative to the dismissal of officers and employees; to provide for appeals; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, particularly by an Act approved February 1, 1951 (Ga. Laws 1951, p. 2090) is hereby amended by striking from Section 3 of said Act, as amended, the language inserted therein by the said Act approved February 1, 1951, and inserting in lieu thereof the following: The board of city commissioners shall on the second Monday in January of every other year beginning January, 1956, elect a city manager, a city attorney, a city clerk and treasurer (the duties of which two offices shall be performed by one person), a chief of the fire department, a marshal or chief of police, a city physician, and, at the pleasure of the board, may elect a police court recorder. All other officers and employees of said city shall be employed by the board of city commissioners, but shall not be elected or employed for any specific term but shall be retained so long as the duties of the job are performed with efficiency, provided the respective employee has served the requisite probationary period. The probationary period is fixed at six (6) months of continuous employment in the respective departments of the city. All policemen and firemen shall be subject to discharge during the probationary period by the respective chief of the fire or police departments subject to the approval of the board of city commissioners, with or without cause and without notice or hearing. All other officers and employees employed by the board of city commissioners, except for those officers specifically

Page 2649

enumerated above, which are elected every two years, shall be subject to discharge during the probationary period by the board of city commissioners, with or without cause, and without notice or hearing. All such officers and employees who have served the requisite probationary period shall be subject to removal only for cause and after 24 hours written notice setting forth substantially the cause of complaint. Any person dismissed shall have a right to appeal to the board of city commission by filing a written request for a hearing with the city clerk within 24 hours after service of the written notice hereinabove provided for. Thereafter, within 48 hours of the filing of a request for hearing such employee shall be given written notice of the time and place of hearing. Thereafter the board of city commissioners shall conduct a hearing of such charges, with the right of the employee to be present and to be represented by counsel. If found guilty of the charges contained in the notice of dismissal by a majority vote of the total membership of the board of city commissioners, such employee may be discharged, suspended without further pay or reinstated. Any officer or employee may fail or refuse to demand such hearing and if such hearing is not demanded within the time hereinabove provided same shall be waived. Any officer or employee shall have the right to resign and resignations of firemen may be accepted by the chief of the fire department, of policemen by the chief of police, and of other employees by the city manager or board of city commissioners. The right of certiorari from the decision of the board of city commissioners shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Any employee of the city may be suspended by either the department head or the mayor as may be prescribed by ordinance of the City of Albany. Officers and employees; appointment, dismissal, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce

Page 2650

at the 1955 session of the General Assembly of Georgia a bill to be entitled An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, particularly by an Act approved February 1, 1951 (Ga. Laws 1951, p. 2090), so as to create a Civil Service Commission for the City of Albany; to remove the restrictive term of office for officers and employees of said city; to make provisions relative to the dismissal of officers and employees; to provide for appeals; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. /s/ G. Stuart Watson, Representative, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in the Albany Herald on December 24 and 31, 1954 and January 7, 1955. This 22 day of January, 1955. /s/ James H. Gray James H. Gray. Sworn to and subscribed before me, /s/ Carol Farkas, Notary Public, Dougherty County, Ga. (Seal). Approved March 4, 1955. HAPEVILLEMAYOR AND COUNCILMEN. No. 213 (House Bill No. 523). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville,

Page 2651

Georgia, and for other purposes, and the several Acts amendatory thereof, amending the charter of the said City of Hapeville so as to require candidates for the office of mayor to pay a qualifying and entrance fee of $50.00 and candidates for council and alderman-at-large to pay a qualifying and entrance fee of $25.00; and amending the charter of the City of Hapeville so as to provide office terms of 4 years instead of 2 years for the mayor, alderman-at-large, and members of council, provided the amendment is approved by a majority of those voting in a referendum where the change in terms is voted upon; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved September 16, 1891, entitled An Act to Incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, once a week for three weeks during a period of sixty (60) days, immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. Any person desiring to qualify as a candidate for the office of mayor, councilman, or alderman-at-large of the City of Hapeville, shall file with the city clerk a written notice of his or her intention to run for such office, and shall at the same time pay to the said clerk a qualifying and entrance fee in the amount of $50.00 if qualifying for the office of mayor, and in the

Page 2652

amount of $25.00 if qualifying for either the office of councilman or alderman-at-large. Before any election for the aforesaid city officers, the Mayor and Council of the City of Hapeville shall by resolution or ordinance set a time of not less than 20 days' duration within which candidates shall qualify for office. Candidacy. Section 3. That elections for the office of mayor, councilmen and alderman-at-large shall be held biennially, and that the terms of all said offices shall be for a period of 4 years as hereinafter set out. In order to establish this general practice and to provide for an orderly transposition from the existing provision for two-year terms of office to provision for four-year terms for all said offices, it is hereby authorized and provided that a mayor and the two offices of councilmen, all whose present terms expire in December, 1955, shall in the election to be held on the first Tuesday in December, 1955, be elected for a four-year term commencing in January, 1956, and expiring in December, 1959; and further that the two officers of councilmen and the alderman-at-large, all of whose present terms expire in December, 1956, shall in the election to be held on the first Tuesday in December, 1956, be elected for a five-year term commencing in January, 1957, and expiring in December, 1961; and it is further provided that after the aforesaid elections to be held in December, 1955, and December, 1956, all of the aforesaid terms of office for a mayor, councilmen and an alderman-at-large shall be four-year terms, so that at each biennial election held after December, 1956, a total of one-half of the aforesaid elected officials shall be elected for four-year terms. Election. Terms. Section 4. The terms of the mayor, and councilmen, and alderman-at-large, as set forth in the preceding section of this Act, shall not be extended from their present two-year terms or changed in any manner by said Section 3 of this Act unless a majority of those voting in the regular city election to be held on the 1st Tuesday in December, 1955, favor extending the terms of said officials to four years as set forth by Section 3 above,

Page 2653

and the city clerk shall place the question on the ballot in the following manner: Referendum. In favor of 4-year terms for City officers Against 4-year terms for City officers Section 5. 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 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Personally appeared before me, the undersigned, a notary public, Rex T. Reeves, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the 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. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Hapeville will apply to the session of the General Assembly of Georgia convening in January, 1955, for passage of local legislation to amend an Act entitled An Act to incorporate the City of Hapeville, Georgia, passed September 16, 1891, and the several Acts amendatory thereof; and for passage of legislation extending the city limits of the City of Hapeville; and amending the charter of the City of Hapeville so as to require property owners to pay any and all costs of street and sidewalk paving and improvements of every nature; and amending the charter of the City of Hapeville so as to require candidates for

Page 2654

the office of mayor to pay a qualifying and entrance fee of $50.00 and candidates for council and for aldermen-at-large to pay a qualifying and entrance fee of $25.00; and amending the charter of the City of Hapeville so as to provide office terms of 4 years instead of 2 years for the mayor, aldermen-at-large, and members of council; and for other purposes; said legislation may contain any other matter germane to the charter, as amended, of said City. This 30th day of December, 1954. Rex T. Reeves, City Attorney, City of Hapeville, Ga. Dec 30 Jan 6 13 20 uft. /s/ Rex T. Reeves. Sworn to and subscribed before me, this 27th day of January, 1955. /s/ Edward T. Brock, Jr. Notary Public. Notary Public, Georgia, State at Large. My commission expires June 16, 1958. Notarial Seal Affixed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 30th day of December, 1954, and on the 6, 13, 20 days of January 1955 as provided by law. /s/ A. M. Kempton.

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Subscribed and sworn to before me, this 27th day of January, 1955. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My commission expires March 8, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Hapeville will apply to the session of the General Assembly of Georgia convening in January, 1955, for passage of local legislation to amend an Act entitled An Act to incorporate the City of Hapeville, Georgia, passed September 16, 1891, and the several Acts amendatory thereof; and for passage of legislation extending the city limits of the City of Hapeville; and amending the charter of the City of Hapeville so as to require property owners to pay any and all costs of street and sidewalk paving and improvements of every nature; and amending the charter of the City of Hapeville so as to require candidates for the office of mayor to pay a qualifying and entrance fee of $50.00 and candidates for council and for aldermen-at-large to pay a qualifying and entrance fee of $25.00; and amending the charter of the City of Hapeville so as to provide office terms of 4 years instead of 2 years for the mayor, aldermen-at-large, and members of council; and for other purposes; said legislation may contain any other matter germane to the charter, as amended, of said city. This 30th day of December, 1954. Rex T. Reeves, City Attorney, City of Hapeville, Ga. Dec 30 Jan 6 13 20 uft. Approved March 4, 1955.

Page 2656

SMYRNA CORPORATE LIMITS EXTENDED. No. 214 (House Bill No. 528). 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, particularly by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb., sess., p. 2591) so as to increase the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, particularly by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 2591), is hereby amended by adding a new section to be known as 4 (b), which shall be inserted between Sections 4 (a) and 5 of said Act, which shall read: Section 4 (b). There shall be included in the corporate limits of the City of Smyrna, in addition to the area described in Sections 4 and 4 (a) of this Act, all of the area embraced within the following described parcels and tracts of land: Parcel No. 1All of that land known as Lot 7 located at 223 Hawthorne St., Smyrna, Georgia in Land Lot 562, 17th District, 2nd Section, Cobb County and more particularly described as follows: Beginning at a point of intersection of the present radial city limit with the west property line of Lot 7, being coincident with the east side of Davis Drive, thence northwardly along said property line one hundred forty (140) feet more or less to a point and corner, thence eastwardly along the north property line seventy (70) feet to a point and corner, thence southwardly along the east property line, one hundred forty (140) feet more or less to a point and corner on the north side of Hawthorne

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Street, thence westwardly along the south property line seventy (70) feet more or less to the city limit line, thence northwestwardly along the radial city limit line ten (10) feet more or less to the point of beginning. As shown on plat by John Phillips recorded in Plat Book 9 page 161 Cobb County Records. Parcel No. 2All of that land known as 382 Church Street, Smyrna, Georgia, located in Land Lot 450, 17th District, 2nd Section, Cobb County, Georgia and more particularly described as follows: Beginning at a point on the city limit line at the intersection of the south side of Stephens Street being the north property line of Mrs. E. E. Branch, thence south eastwardly along the present radial city limit line to a point where said city limit intersects the east property line of Mrs. E. E. Branch, thence southwardly along said east property line to a point and corner on the south property line of Mrs. E. E. Branch, being the north side of Church Street, thence westwardly along said property line one hundred (100) feet to a point and corner, thence northwardly along the west property line three hundred (300) feet more or less to a point and corner on the south side of Stephens Street being the north property line of Mrs. E. E. Branch, thence eastwardly along said property line to the city limit line and the point of beginning. Parcel No. 3Franklin Heights SubdivisionBegining at a point where the west boundary of Land Lot 451 intersects the north boundary of Medlin Road, this point being on the present Smyrna city limit, and moving in an easterly direction along the said north boundary of Medlin Road a distance of 1472.7 feet to a point; thence north approximately 590 feet along a line parallel to the west boundary of Land Lot 486 to a point on the north boundary of Land Lot 486; thence west along the north boundary of Land Lot 486 a distance of approximately 100 feet to the land lot corner; thence continuing west along the north boundary of Land Lot 451 a distance of approximately 520 feet to a point on the north boundary of Land Lot 451; thence north 360.0 feet to

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the north boundary of Church Road; thence in a westerly direction, along the north boundary of Church Road, a distance of 826.5 feet to a point where the north boundary of Church Road intersects the west boundary of Land Lot 450; thence south along the west boundary of Land Lot 450 approximately 430.0 feet to the land lot corner; thence continuing south along the west boundary of Land Lot 451 approximately 620 feet to the point of beginning. The above described property being parts of original Land Lots 450, 451 and 486, 17th District, 2nd Section, Cobb County, Georgia, owned by B. F. Reed, Jr., known as Franklin Heights Subdivision and shown on plat by Robert T. Weaver, Surveyor, dated September 1952. Parcel No. 4LaVista SubdivisionBeginning at a point where the north boundary of Church Road intersects the west boundary of Land Lot 450, this point being on the present Smyrna City Limit, thence northwardly along the west boundary of Land Lot 450 a distance of 922.0' to the land lot corner; thence eastwardly along the north boundary of Land Lot 450 a distance of one thousand twenty-five (1025) feet more or less to a point at the intersection of the present radial city limit line with said north land lot boundary, thence southwardly along said city limit line a distance of five hundred seventy-five (575) feet more or less to a point at the intersection of the south side of Stephens Street, thence westwardly along the south side of Stephens Street a distance of two hundred (200) feet more or less to a point and corner being the east property line of B. F. Reed, Sr. and west property line of Mrs. E. E. Branch, thence southwardly along said property line four hundred fifty (450) feet more or less to a point and corner on the north side of Church Street, thence westwardly along the north side of Church Street seventy-five (75) feet to a point and corner being the east property line of Charles R. Smedley, thence northwardly along said east property line two hundred fifty (250) feet more or less to a point and corner thence westwardly one hundred (100) feet to a point and corner, thence southwardly

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along the west property line of Charles R. Smedley a distance of two hundred fifty (250) feet to a point and corner on the north side of Church Street thence westwardly along the north side of Church Street a distance of seven hundred (700) feet more or less to the west boundary of land lot 450 and the point of beginning. All of above described property lying and being in Land Lot 450, 17th District, 2nd Section, Cobb County, Georgia, part of which is shown on plat by Thomas L. Grist, dated November 1954. Parcel No. 5Smyrna Heights Extension per plat dated November 1952 and Smyrna Heights Addition per plat dated June, 1954, both being a part of Smyrna Heights Subdivision as developed by Bennett Realty Company. Beginning at a point where the south boundary of Concord Road intersects the west boundary of King Springs Road, this point being on the present Smyrna city limit, and moving in a southeasterly direction along the west boundary of King Springs Road a distance of 121.0 feet to a point and corner; thence southwesterly along a line having a magnetic bearing of 551-39' W a distance of 270.9 feet to a point and corner; thence southeasterly along a line having a magnetic bearing of 520-00'E a distance of 599.0 feet to a point and corner; thence westerly a distance of 110.9 feet to a point and corner; thence south a distance of 397.0 feet to a point and corner, being on the south boundary of Land Lot 485; thence east, along the south boundary of Land Lot 485, a distance of 428.2 feet to a point where the south boundary of Land Lot 485 intersects the west boundary of King Springs Road; thence south, along the west boundary of King Springs Road a distance of 1087.0 feet to a point and corner; thence west, along a line parallel to the south boundary of Land Lot 484, a distance of 1278.0 feet to a point and corner, being on the east boundary of McCauley Road and said east boundary of McCauley Road being the present city limit; thence north and northeasterly, along the east boundary of McCauley

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Road a distance of 1815.4 feet to the northeast corner of the intersection of McCauley Road and Ridgecrest Drive; thence easterly, along the north boundary of Ridgecrest Drive, a distance of 375.0 feet to a point and corner; thence north a distance of 373.8 feet to a point and corner, being on the south boundary of Concord Road and the present city limit; thence northeasterly along the south boundary of Concord Road a distance of 140.0 feet to the point of beginning. The above described property being portions of Land Lots 484 and 485, 17th District, 2nd Section, Cobb County, Georgia, as shown as plat by E. Z. Huff dated November 1952 and plat by J. A. Page dated June 1954. Parcel No. 6Tillman Memorial Methodist Church, beginning at a point on the south boundary of Concord Road, approximately 100 feet west of the intersection of Concord Road and Ridgecrest Road, said point being the intersection of the west boundary of Smyrna Heights Subdivision with the south boundary of Concord Road and located on the present Smyrna city limit, and running southwesterly along the south boundary of Concord Road, the present city limit, a distance of 334.0 feet to a point and corner; thence in a southerly direction a distance of 373.0 feet to a point and corner; thence in an easterly direction a distance of 300.0 feet to a point and corner, being on the west boundary of the Smyrna Heights Subdivision the present city limit; thence north along said west boundary of Smyrna Heights a distance of 507.5 feet to the point of beginning. All of the above described property lying and being in Land Lot 452 of the 17th District, 2nd Section, Cobb County, Georgia. Section 2. 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,

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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 to amend the charter of the City of Smyrna so as to extend the corporate limits thereof; and for other purposes, was published in the Cobb County Times in its editions of December 16, 23, and 30, 1954: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1955 session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna, so as to extend the corporate limits thereof; and for other purposes. This 15th day of December, 1954. Fred D. Bentley, Raymond M. Reed, Harold S. Willingham, Representatives, Cobb County. 12:16-23-30. 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 for the County were published for the calendar year 1954. This 8th day of February, 1955. /s/ Brooks P. Smith, Brooks P. Smith, Publisher, Cobb County Times. Sworn to and subscribed before me, this 8th day of February, 1955. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal). Approved March 4, 1955.

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AMBROSE CHARTER. No. 216 (House Bill No. 494). An Act to incorporate the City of Ambrose in Coffee County; to grant a charter to said city; to provide a municipal government thereof; to define the territorial limits of said city; to provide for the powers thereof; to provide for a mayor and council and to define their powers and duties; to provide punishment of violators of the ordinances of said city; to define the special powers and duties of the mayor; to provide for the election of a mayor and council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualifications of the voters and electors in said city, and for the qualifications of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of city 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 city clerk and treasurer, a city marshal, waterworks superintendent, attorney and other officers, their oaths, bonds, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of city ordinances therein; to provide for the arrest of violators of city 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 the citizens of said city; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double

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taxation where tax returns are not made, to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the city and to define its limits; to empower said city to widen its streets; to provide for the removal of obstructions from streets; to empower said city to require railroad companies to make and repair crossings in said city; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades 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 licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to empound the same; to provide for the opening of new streets, and the right to condemn property for streets in said city; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with city lines; to provide for the prorating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions

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thereof; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installments assessments; to provide for street improvement bonds which will not be an obligation of the city and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said city and for sewerage and drainage assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of such sanitary lots; to authorize the city to maintain and operate a system of waterworks; and any other public utility; to provide for connecting of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and things necessary or proper or incident to all municipal corporation and inhabitants and 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 collections of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts 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 regulations; to provide for the power of the city to grant encroachments on public streets; to provide for a city prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said city and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for city parks, and for the regulations of trees in said city; to provide

Page 2665

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 collection of a tax on dogs; to provide for a code of ordinances for said city; to require building permits before any building or structure can be erected in said city; to provide for the condemnation of private property, within and without the city, for public purposes; to provide for the issuance of bonds, for bond election and for the levy and collection of a tax to pay said bonds; to provide for the sales of city property by the mayor and town council; to provide for recall of elected officers; to provide that receipts and disbursements be published in the official gazette of the City of Ambrose; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective April 1, 1955, the inhabitants of the territory embraced within the corporate limits of the City of Ambrose located in Coffee County are hereby incorporated under the name and style of City of Ambrose. Incorporation. Section 2. The corporate limits of the City of Ambrose shall extend one (1) mile in every direction from a point at the intersection of State Highway 268 and the Atlantic Coast Line Railroad, said distance to be in a radius from such point. Limits. Section 3. The inhabitants of the territory described in Section 2 of this Act, located in the County of Coffee, State of Georgia, be and are hereby incorporated under the name and style of City of Ambrose, and said City of Ambrose is hereby chartered and made a city under the corporate name of City of Ambrose, 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,

Page 2666

and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Ambrose shall be and are hereby vested in said City of Ambrose as created by this Act; and the City of Ambrose as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of Ambrose shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements hereditaments, and of whatever kinds, and within or without the limits of said city and for corporate purposes said City of Ambrose, created by this Act shall succeed to all right of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of Ambrose and its mayor and councilmen as a body corporate as heretofore incorporated. Corporate powers. Section 4. The municipal government of the City of Ambrose shall consist of and be vested in a mayor and five councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, gineries, factories, barber shops, soda founts, beer saloons,

Page 2667

telegraph and telephone companies, gas, water, lights and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and the preservation of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and power to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted violators of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other thing and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Powers of mayor and councilmen. Section 5. The mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures

Page 2668

as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper to preside in the police court of the City of Ambrose, and it is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the council by imposing such sentence or penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinances or resolution of the council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor's powers and duties. Section 6. The Mayor of Ambrose shall be M. L. Paulk. The five Councilmen of Ambrose shall be Carl Dickerson, Oswald Vickers, R. J. Paulk, J. A. Griffin, R. C. Carver. Such named persons shall serve until their successors are elected and qualify as provided in Section 7 of this Act. Section 7. On the second Saturday in December, 1955, there shall be elected for said city, by the qualified voters therein, a mayor and five councilmen, and the mayor and two of said councilmen shall be elected to serve for a term of one year, and three of the said councilmen so elected shall be elected to serve for a term of two years. Then, on the 2nd Saturday in December,

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1956, and biennially thereafter, a mayor and two councilmen shall be elected for said city. Biennially, after said election on said second Saturday in December, 1955, three councilmen shall be elected for said city, it being the purpose of this section to provide a rotation system for the office of mayor and councilmen, in order that at no time shall there be elected for office at the same time a new mayor and councilmen throughout, but that after every election there shall remain in said body either a mayor and two councilmen, or three councilmen who have served in said capacities for one year preceding, thereby retaining in said body three officials who have had at least one year of experience in said capacities either as mayor or as councilmen. With the exception of the mayor and two councilmen who will be elected on the second Saturday in December, 1955, to serve for a term of one year, all elections for mayor and councilmen elected under the provisions of this charter shall be for two years, commencing on the first Monday in January, 1956. On the first Monday in January, 1956, the newly elected mayor and/or councilmenelect 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 Councilmen, as the case may be) of the City of Ambrose for the ensuing term, and I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special called meetings as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal

Page 2670

or otherwise, said vacancy or vacancies may be filled by appointment and selected by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed (12) months. Mayor and council. Election; terms. Meetings. Vacancies. Section 8. Should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Failure to perform duties. Section 9. Elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Ambrose 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 or two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at said city hall or other designated place for the holding of any election. The polls shall be opened at 7 o'clock A. M., and closed at 5:00 P. M. Persons receiving the highest number of votes for the respective office shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor

Page 2671

and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any elections and of any clerks that may be necessary in holding any elections, but such pay or compensation shall not exceed the sum of $5.00 per day for each such manager or clerk. Elections. Section 10. 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 Coffee County or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective officers shall be elected. In case of a tie between two or more candidates in any election for mayor and councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared, under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Results. Section 11. The mayor and councilmen at their first regular meeting in January, 1956, and annually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. Section 12. All persons qualified to vote for members of the General Assembly of this State and shall have resided in the City of Ambrose thirty days prior to the

Page 2672

election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualified voters Section 13. No person shall be eligible for the office of mayor or councilman of said city unless he shall be a freeholder owning real estate in said city and have resided in said city one year immediately preceding his election and shall be qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time of said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilmen, unless such candidate shall file with the clerk of said city, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed in said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time above provided. Qualifications of mayor and councilmen. Section 14. It shall be the duty of the clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day between the hours of 8 o'clock A. M. and 6 o'clock P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book be again open following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed

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and demanded by the authority of the city, and who upon the day of the election, if then a resident, will have resided in said city for thirty days prior thereto, to allow such person to register his name 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 Ambrose thirty days next preceding his registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the date of the next city election; that you are 18 years old; and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by someone authorized to do so for him. However, no person registering in said book shall be required to again register as 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. Registration of voters. Section 15. At the first regular meeting of the mayor and councilmen in January of each year, said mayor and councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in form prescribed by the mayor and council. The compensation of such registrars shall be

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fixed by the mayor and council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of five dollars ($5.00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars Section 16. The Clerk of the City of Ambrose shall close the registration book twenty days before any regular or special election, to be held in said city at five o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city who are qualified to vote in such election; in making said list, the registrars shall exclude the name 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 Ambrose, 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 voters shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake. Voters' list. Section 17. All persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, persons, to vote

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in such election and the decision of said board shall be final. Appeal from refusal to register. Section 18. The board of registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reasons to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons, so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such persons if they find such person or persons are disqualified to vote in said election for any cause. Purging of list. Section 19. At the first regular meeting of the mayor and councilmen in January 1956, and annually thereafter, the mayor and councilmen shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take oaths; perform such duties and

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give such bonds as the mayor and councilmen may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Ambrose. Said mayor and councilmen shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and councilmen to fix the salaries, or compensation, of said mayor and councilmen, and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officers. However, the salary of the mayor of said city shall not exceed the sum of $500.00 per year; the salary or compensation of the councilmen of said city shall not exceed the sum of $300.00 each year; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $600.00 per year; the salary of the marshal or chief of police of said town shall not exceed the sum of $250.00 per month; the salary of all other policemen of said city shall not exceed the sum of $150.00 per month each. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and councilmen have allowed same. The mayor and councilmen may, at any time, employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. To employ waterworks superintendent and city attorney, at salaries fixed by mayor and council. City officers. Section 20. The mayor and one councilman shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine question before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said council the mayor or the mayor pro tem., if he be presiding, shall be entitled to vote only in the case of a tie. The mayor shall have the veto power, and may veto any

Page 2677

ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on an aye and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Meetings of council. Section 21. The mayor or in his absence or disqualification the mayor pro tem., or in the case of the absence of both the mayor and mayor pro tem., any councilman of the City of Ambrose may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred dollars, imprisonment in the city prison or the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work the streets in the city chaingang, or such other public places as the mayor or acting mayor may direct, not to exceed thirty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chaingang shall not both be inflicted in any one case, and neither the punishment or confinement in the city or county jail, or that of a sentence to work in the city chaingang on the streets of said city shall be inflicted except as alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor in addition to said above punishment such fines imposed by the mayor

Page 2678

or acting mayor may be collected by execution. Police court. Section 22. The mayor or mayor pro tem. in case he shall be presiding, shall have the power of said police court, if the offense charged against the prisoner be beyond his jurisdiction to examine into the facts of the case, and commit the offender or offenders to jail or bail them if the offense is bailable, by a justice of the peace under the laws of this State, to appeal before the Superior Court of Coffee County. Commitment. Section 23. The mayor and councilmen of said city shall have the power to authorize by ordinance the marshal or policemen of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any laws of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Section 24. It shall be lawful for the marshal or any policemen of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time of endeavoring to escape and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine said person arrested by them in the city prison or the jail of Coffee 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 Ambrose, which violations take place in the presence of the said marshal or policeman. 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

Page 2679

charged with violating any of the ordinances of the City of Ambrose; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any person arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests. Section 25. The Mayor and Councilmen of the said City of Ambrose shall have power to organize one or more chaingangs or work gangs, and confine therein persons who have been sentenced by the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Work gangs. Section 26. The mayor or the mayor pro tem. when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Ambrose. Appearance bonds.

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Section 27. Any person convicted in the police court of said city for violations of any of the ordinances and by-laws, shall have the right of certiorari to the Superior Court of Coffee County. No appeals to the councilmen or to the mayor and councilmen shall be allowed in any case. Certiorari. Section 28. All persons owning property in the City of Ambrose shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April first of each year; and the books for recording same shall be open on April 1st and close on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 29. The mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and councilmen shall fix the per diem compensation of said tax assessors, which shall not exceed the sum of seven dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said assessors to assess the value of all real estate and personal property subject to taxation by said city at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal

Page 2681

property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilmen; when their return is made said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepared to his last known address shall constitute legal notice to him. Tax assessors. Assessments. Section 30. Any person dissatisfied with the assessments made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and councilmen of said city. Provided, said appeal to be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount of which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and councilmen at their next regular meeting unless continued for cause, and their decisions shall be final. The mayor and councilmen of said city shall have the power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. Section 31. The mayor and councilmen shall have power to provide for the collection of taxes on property

Page 2682

subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Collection of taxes. Section 32. The mayor and councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Executions. Section 33. For the purpose of raising revenue for the support and maintenance of the government of said City of Ambrose and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes and, bonds, and other evidences of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding one dollar on the hundred worth of taxable property, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said city authorities and to provide a fund for the payment of the annual interest on said bonds greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that the said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually

Page 2683

by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire. Tax rate. Section 34. The Mayor and Council of the City of Ambrose 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, layout, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Ambrose, and the grading of the same; to open any streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Ambrose without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said Mayor and Council of the City of Ambrose shall have full power and authority to remove or cause to be removed any building, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Upon failure of the person or persons placing walks, avenues or public squares and lands of the City of Ambrose, and the grading of the same; to open up any streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Ambrose without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said Mayor and Council of the City of Ambrose shall have full power and authority to remove or cause to be removed any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public square of said city. Upon failure of the person or persons placing walks, avenues or public squares, or the abutting property owner, and

Page 2684

execution may be issued therefor in such manner as may be prescribed by ordinances. Said Mayor and Council of the City of Ambrose shall have power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for sign posts, awning, telegraph, telephone poles, racks and for carrying banners, hand bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Streets, sidewalks, etc. Section 35. The City of Ambrose is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Waterworks. Section 36. Said City of Ambrose shall also have power and authority to own, operate, and control and regulate for the best interest of the said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility

Page 2685

of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, except property of an existing public utility company, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such a system and public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Other utilities. Section 36 A. Said city shall have the right to contract with and rent franchises to public utility companies including telephone, electrical power, gas, water and sewerage. Franchise. Section 37. The mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite, or other combustible or explosive material or substances within the limits of said city; and to regulate the use of lights in shops and stables and other places or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every other kind of gaming or hunting within the corporate limits of said city. Dangerous things and substances. Section 38. Said mayor and councilmen shall have full power and authority to require any person or firm, company or corporation, whether nonresident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor

Page 2686

and councilmen may provide by ordinances for the punishment of all persons, firms, companies, or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fails to comply in full with all requirements of said ordinance made in reference thereto. Licenses. Section 39. Said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, ten pins, and all tables kept and used for the purpose of playing, gaming, or renting of ten pin alleys, nine pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game of play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may by ordinance prescribe. Amusements. Section 40. Said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendance as will insure fair dealing between them and their customers. Brokers. Section 41. The mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty shops, all oil mills, ice works, laundries, waterworks, all opera houses, theatres, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealer, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers

Page 2687

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 performances exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Businesses. Section 42. At the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as heretobefore 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 licese is required by the City of Ambrose, without having first procured such license and complied with all other requirements of said City of Ambrose, relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and the prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or

Page 2688

license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of Ambrose, requiring a license, prior to May first of any year, the mayor and councilmen shall add the sum of twenty percent (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall after May first of any year, commence, begin or engage in any business, within the City of Ambrose, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council shall then add the twenty percent (20%) penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification by the different classes of business, and all other rules and regulations necessary and proper in the premises. Licenses. Section 43. The mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Ambrose, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said mayor and councilmen, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the mayor and council whatever evidence he may desire touching upon the question of revocation of such license. The decision of the mayor and councilmen of said city, revoking any such license shall be final. Revocation. Section 44. The mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals

Page 2689

or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said feed and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the mayor and councilmen. Animals. Section 45. The mayor and councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the mayor and councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Section 36-301 to 36-307, inclusive of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and councilmen shall have full power and authority to remove or to cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lands, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section to appropriate ordinances. Eminent domain. Obstructions. Section 46. The City of Ambrose, by and through its mayor and council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in said City of Ambrose, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion

Page 2690

thereof, in said city, as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street improvements. Section 47. One-half of the total cost of grading, paving, repaving, or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by the said city; provided, however, that when said sidewalks in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment be deemed considered as abutting on corner lots or tracts. Costs. Section 48. Two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved, or reimproved, the other one-third, of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catch-basins, drain pipes, including storm, water drainage and culverts, together

Page 2691

with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of the total cost of such paving or the improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Costs. Section 49. Said Mayor and Council of said City of Ambrose shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxes against the owners of such abutting property. Water, gas, sewer pipes. Section 50. The assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvements on the streets, sidewalks, alleys, lanes, avenues or other public places, directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Computation. Section 51. Said City of Ambrose, by and through its mayor and council, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage

Page 2692

or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places; it shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved and reimproved in said city, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor and contract led as is provided in this Act for paving of streets. Sidewalk improvements. Section 52. No street, avenue, alley, lane, or other public place in any city shall be repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said mayor and council shall have first been petitioned in writing to pave, repave or other wise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Petition for improvements. Section 53. 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

Page 2693

shall be counted as one person, provided that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Section 54. 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 and 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 Coffee County are published before the final passage of such ordinance, such advertisements giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said mayor and council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinances. Said meeting may be held at the time for the regular monthly meeting of said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane, or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said mayor and council

Page 2694

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 corp[UNK]oration subject to assessment for the cost of such improvements who does not within ten days therefrom bring legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the mayor and council shall deem best they shall cause said improvements to be made. Improvements ordinances. Section 55. Said mayor and council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contracts and the provisions thereof; and the said mayor and council shall by ordinance provide that the contracts shall execute to the City of Ambrose a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Ambrose and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five percent of the total cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said mayor and council. Said ordinance shall also direct the mayor and clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notices shall be in

Page 2695

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 onsidered by the mayor and council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of Ambrose. The right is hereby expressly granted to the City of Ambrose to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the mayor and council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected, perform all the conditions imposed by the said mayor and council as prescribed in such ordinance and notice for proposals. The said mayor and council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contracts for improvements. Section 56. As soon as the said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts or land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of the appraisal and appointment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane, or other public place so improved. When said report shall have been returned and filed and

Page 2696

the said mayor and council for said city shall appoint a time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the said clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Ambrose and said notice shall provide for inspection of such returns by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five or more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said engineer or committee or as corrected said mayor and council. The mayor and council shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Assessments. Such special assessment and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Section 57. After the adoption of the ordinance provided for in Section Fifty-Six of this Act a written statement shall be furnished by the Clerk of the said City

Page 2697

of Ambrose to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its pro rata part of such assessment and it shall be the duty of such person, company, or corporation so notified to pay the said clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owners or agent it a non-resident of said city it will be sufficient service if said notice of statement be mailed to said property owner or agent at the last post office address of said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the clerk or by the marshal of said city. Notice of assessments. Section 58. If any person or persons, company or corporation shall fail or refuse to pay to the Clerk of said City of Ambrose his, her or its assessment as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding section, said clerk will be authorized to issue executions bearing teste in the name of the mayor and council of said city and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portions thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvements and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such

Page 2698

improvements, and also after advertisement and other proceedings as in cases of sales or city taxes the same shall be sold at public outcry to the highest bidder; subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Ambrose shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions. Section 59. The marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said city before said transfer, and the city shall allow the use of its machinery of government for the collection of said executions. Transfer and assignment. Section 60. The passage of the ordinance for paving, repaving, or otherwise improving the streets, sidewalks, alleys, lanes, or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Court of Coffee County, Georgia, under the general registration laws of this State. Notice of lien. Section 61. Any defendant in any such executions or owners of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued (or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before

Page 2699

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 requirments for the passage of said ordinance have been fully complied with by said mayor and council; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Coffee County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the superior courts in this State. In the event any special assessment shall be found to be invalid, insufficient, in whole or in part, for any reason whatsoever, the mayor and council may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Illegalities. Section 62. Whenever the abutting landowners of any street, avenue, alley, lane or other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of the streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this county is the owner the commissioner of roads and revenue of said Coffee County, is authorized to on behalf of the county, and where the

Page 2700

City of Ambrose is the owner the mayor of said city is authorized to sign for and in behalf of the said city. Section 63. The Mayor and Council of the City of Ambrose are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay prorata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provided for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said mayor and council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Improvement bonds. Section 64. If said mayor and council shall deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the

Page 2701

paving, repaving or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven percent per annum until paid. Installment payment of assessments. Section 65. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessments, together with interest to that upon the whole, shall be due and payable on the first day of September, next succeeding the passage of said ordinance, and one installment with 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 Ambrose. Section 66. In the event the said mayor and council deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessment against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as herein-before

Page 2702

provided in this Act in Section 58, thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Lien of assessments. Section 67. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, lanes, alleys, or other public places so improved, or reimproved shall be paid in ten equal installments, the said mayor and council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said mayor and council may determine, which bond or bonds shall in no event become a liability oc the mayor and council or the City of Ambrose issuing the same. One tenth in the amount of any such series of bonds, with the interest upon the whole series date, shall be payable on the fifteen day of October next succeeding year until all shall be paid. Such bonds shall bear interest at rate not exceeding six percent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or part of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than

Page 2703

par, and the proceeds thereof applied to the payment of prorata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, insofar as said bonds will apply on such amount so due. Said bonds shall be registered by the clerk of the city in a book to be provided for that purpose, and certificates of registration by said clerk shall be endorsed upon each of said bonds. Street improvement bonds. Section 68. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improvement of any streets, lanes, alleys or public places in said 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 67 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Ambrose, who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of bonds. Collection of installments. Section 69. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improvement of any streets, lanes, alleys or public places in said 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 67 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several

Page 2704

installments become due, together with the interest thereon, to the Treasurer of the City of Ambrose, who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of the clerk of said city not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish in one issue of a weekly newspaper having a general circulation in said city, a notice advertising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest; and it shall be the duty of said treasurer promptly after the date of the maturity of such installments or assessments and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party of persons owning the same, for the amount of such assessment with interest and shall turn over the same to the Marshal or Chief of Police of the City of Ambrose or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvements; and after advertisement and other proceedings as in the case of sales for city taxes the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Executions.

Page 2705

Section 70. If the said City of Ambrose 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 nd council may, by appropriate ordinance, direct 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 referring the question to the qualified voters of said city and without the necessity of any election to decide such question. City's share of costs. Section 71. Nothing herein contained shall be construed to prevent the mayor and councilmen of said city from proceeding under the provisions of Chapter 69-4, Sections 69-401-434, both and all inclusive, of the Code of Georgia 1933, referring to Street Improvement in municipalities having a population of 600 or more, in the event such provisions shall be adopted by said city, after an election duly held, approving the same, in accordance with the provisions of said Chapter 69-4 and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets, and sidewalks in said City of Ambrose may be improved in accordance with the provisions outlined in said Chapter 69-4 and if said Act is approved by such election, the procedure outlined in the preceding sections of this Charter for the improvements of streets shall be completely disregarded, and the provisions of said Chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvements of streets and sidewalks in said city. Code provisions. Section 72. The mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen

Page 2706

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, use 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 or sewerage or drainage shall be constructed by the said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage. Section 73. In case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right-of-way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, in damage shall be assessed as in cases of property taken for opening, straightening or widening streets, under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Easements. Section 74. Said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best.

Page 2707

Section 75. For the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sewerage system beyond limits. Section 76. Said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided; no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots not residence lots subdivided. Sanitation. Section 77. Jurisdiction of the mayor and councilmen and the territorial limits of the City of Ambrose are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or

Page 2708

persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage, also, over the territory which may be hereinafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Extra-territorial jurisdiction. Section 78. The mayor and councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining a waterworks system, or sewerage system, or any of them; provided, that if the rights to condemn herein granted be exercised, all proceedings shall be under the provisions of Section 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. Eminent domain. Section 79. Said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, water closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of water closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water

Page 2709

closets and urinals on the premises of property owners with the sanitation system of the city, when such property is located or near streets where there are such sewers and under such regulations and rules as may be prescribed by the mayor and cuncilmen, and said property owners who fail to connect any water closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections and assess the cost of said connections and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if owner should fail to remove same after having been given reasonable notice so to do the mayor and councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is authorized to issue an execution for the expense of such removal, against such owner. Said mayor and councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or wellbeing of the inhabitants of said city. Water closets, urinals, etc. Section 80. The mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of such

Page 2710

board to be carried out in a summary manner at the expense of the party whose acts or negligence cause said nuisance, or the party owning such property upon which same may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Section 81. Said mayor and councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirements of said mayor and councilmen by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen to have this work performed and the amount expended in doing so collected by executions, and the sale under such executions shall pass the title to the property. Drainage of lots, cellars, etc. Section 82. Said mayor and councilmen, may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 83. The marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen may

Page 2711

have full power and authority to abate as a nuisance any place in town when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and councilmen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 84. Said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Ambrose and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes, or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire protection. Section 85. Said mayor and councilmen shall have

Page 2712

power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power and 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. Diseases. Section 86. Said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper order. Churches, cemeteries. Section 87. The mayor and councilmen of said city, shall have the power to grant franchises, easements, and right of way over, in, under and on the public street, lanes, alleys, parks, and other property of said city. Franchises, easements, etc. Section 88. Should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers,

Page 2713

or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Arrests. Section 89. The mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee, or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of public affairs. Section 90. The mayor and councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fees. Section 91. The mayor and councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. They may contract with the proper authorities of Coffee County for the use of the common jail of said county for this purpose. Prisoners. Section 92. Said mayor and councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and this end may enact such ordinances and provide such penalties as they think advisable to carry out the granted in this section. Immoral conduct. Section 93. The mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants

Page 2714

thereof to be forcibly removed, after three days' notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. House of ill fame, etc. Section 94. All executions in favor of the City of Ambrose for the enforcement and collections of any fine, forfeiture, assessments, taxes, or other claim, demand, or debt, shall be issued by the clerk and bear teste in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city, and shall state for what issued and may be returnable to the Mayor and Councilmen of the City of Ambrose at least within ninety days after the issuing of the same; and it shall be the duty of the marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriff's sales or real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's sales and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax, deed, plus a premium of 10 percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Ambrose, and the foreclosure of the right of redemption of land sold for taxes

Page 2715

shall be governed by the laws of the State of Georgia, embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make to the City of Ambrose, a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the marshal, or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Ambrose. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriff's and constables to put purchaser in possession of property sold by them under the laws of this State. Executions. Sales. Section 95. Said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trial for violations of the city ordinances and laws of this State, and the procedure in such trials, nothing in this section shall operate to repeal the ordinances of the city of Ambrose, now in force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Accusations, affidavits, etc.

Page 2716

Section 96. Said Mayor and Councilmen of the City of Ambrose, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw the ordinary expense fund of said city for said purpose. Parks. Section 97. The Mayor and Councilmen of the City of Ambrose, shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 98. The Mayor and Councilmen of the City of Ambrose shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort, and security of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out

Page 2717

the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other acts and exerise 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. Section 99. Said mayor and councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells or other contrivances, that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles. Section 100. The mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violation thereof. Idleness, loitering. Section 101. In case the mayor and/or councilman while in office shall be guilty of malpractice and wilfull neglect in office, or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment. Section 102. It shall be the duty of the mayor and councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the

Page 2718

object of this section and the protection of property from fire. Fire protection. Section 103. The mayor and councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dogs. Section 104. The mayor and councilmen of said city shall cause to be codified all ordinances of said City of Ambrose, together with this Act into one book to be known as The Code of the City of Ambrose, which book shall be constructed in similar manner to the deed record books now being used by the clerk of the Superior Court of Coffee County, Georgia, for recording deeds. Said mayor and councilmen shall, no later than the first regular meeting of the mayor and councilmen to be in March, 1956, pass and adopt such code, as the Code of the City of Ambrose; 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 Ambrose, certifying the same to be the code of ordinances and laws of said city. Code. Section 105. Said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building of any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said city unless such building permit is first obtained prior to the erection of

Page 2719

such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building regulations. Section 106. The Mayor and Councilmen of said City of Ambrose shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any water supply, gas or sewer line, or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq. Eminent domain. Section 107. The Mayor and Councilmen of the City of Ambrose shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit: for purchasing lands, building; erecting buildings; improvising property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining waterworks, water system, and gas systems and services and electric light system; for laying water-mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire-fighting equipment and facilities, and

Page 2720

for any and all public uses and purposes that may be needed for said city. Bonds. Section 108. Before any proceeding toward the issuing of bonds for any of the purposes named in the preceding section, the mayor and councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Section 109. Before any bond of said city shall be issued for any of the purposes named in Section 107 of this charter, the mayor and councilmen of said city shall, by appropriation of resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the beforesaid purposes, as deemed expedient by said mayor and councilmen; provided, always that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State, shall never be exceeded. Should the resquisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by the said mayor and councilmen as hereinbefore provided, then and in such event of said city's mayor and councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property

Page 2721

in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said mayor and councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the mayor and clerk of said city. Section 110. Whenever any bonds are issued by said city, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Section 111. The mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, not to exceed $5,000, as may be provided by special resolution or ordinances for that purpose. Loans. Section 112. Said city, by and through its mayor and council, shall have full power and authority to acquire, construct, re-construct, improve and extend revenue-producing projects and systems to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the service facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Revenue-producing projects. Section 113. The mayor and council, in addition to

Page 2722

having the authority to pass ordinances, shall also have the right to repeal, alter or amend any ordinance at any time after its passage. Ordinances. Section 114. The mayor and council 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 council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hours of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by a sheriff. Sale of property. Section 115. All matters not provided for in this charter shall be governed by the provisions of Title 69, Code of Georgia, 1933. Section 116. From and after the passage of this Act that the mayor and council elected by the vote of the people shall be subject to removal during their terms of office in the following manner; Whenever thirty percent in number of the registered voters residing in the City of Ambrose as disclosed by the registration sheets of the preceding city election shall so request in a petition filed in the office of the Clerk of the Superior Court of Coffee County an election shall be called and held thirty days from the time of the filing of said petition on the subject only of the recall or nonrecall of such official or officials. It shall be the duty of the clerk of

Page 2723

the superior court to certify the names of such list and report to the Judge of the Superior Court of Coffee County the number of registered voters thereon in said petition. This report shall be submitted to said judge with the petition. When so reported with this section the said judge shall order an election to be held under the same rules and regulations as govern regular city election. In this election the ballot will be as follows with officers inserted in the blanks: For the recall of, holding the office of. Against the recall of, holding the office of. If a majority of the votes cast in said election are for recall of such officer or officers, his office is declared vacant at the moment these votes are canvassed by the said judge and the result announced. The election managers shall make a return of the votes cast in said election within three days after the election to the judge and the judge shall examine this return and declare the result. If a majority of the votes cast be for the recall of the official, this office is vacated at the time the result is so declared by the said judge as herein provided and the vacancy immediately exists. Said judge shall call an election to fill said vacancy or vacancies within thirty days from the date said vacancy is declared, which said election shall be under the same rules and regulations governing regular city election, and at such election the official who has been recalled is eligible as a candidate for re-election and the person or persons elected shall hold office for the unexpired term. Recall. Section 117. The treasurer shall publish a statement of receipts and disbursements in the official paper of the City of Ambrose not later than June 30 for the preceding year. Treasurer's report. Section 118. In the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the

Page 2724

remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Ambrose any powers or authorities in excess of any such permitted by the Constitution and laws of Georgia, or the United States, then such powers or authorities given shall be construed to extend just so far as possible as not to exceed the said authority of the General Assembly. Section 119. The provisions of this charter shall become effective as of April 1, 1955. Section 120. That all laws and parts of laws in conflict with this Act are hereby repealed. Section 121. There is attached hereto and made a part hereof a copy of the published notice of intention to apply herefor, accompanied by an affidavit of the author hereof, to the effect that said notice has been published as provided by law. Legal Advertisements. Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: Ambrose Charter. An Act to incorporate the City of Ambrose, in Lot No. 26 in the 5th Land District of Coffee County, Georgia. To create a charter of said corporation; to provide a municipal government thereof; to define the territorial limits of said town; to provide for the powers thereof; to provide for a mayor and council and to define their powers and duties; to provide punishment of violators of the ordinances of said town; to define the special powers and duties of the mayor; to provide for election of a mayor and council, their oaths and terms of office, for their meeting and methods of filling vacancies therein;

Page 2725

to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all town elections, for the declaration of the results of such elections; to provide for the selection of the mayor pro tem.; to provide for the qualifications of the voters and electors in said town, and for the qualification of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of town clerk refusing to allow persons to register; to provide for a notice to person whose name is stricken from voters' list and for a hearing on same; to provide for a town clerk and treasurer, a town marshal, waterworks superintendent, attorney and other officers, their oaths, bonds, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of 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 the citizens of said town; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the town and to define its limits; to empower said town to widen its streets; to provide for the removal of obstructions from streets; to empower said town to require railroad companies to make and repair crossings in said town; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and businesses, callings, and professions; to provide for the registration of trades and businesses, and to authorize said town to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for the

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revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to impound the same; to provide for the opening of new streets, and the right to condemn property for streets in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with town lines; to provide for the prorating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement execution and the trial of such; to provide for street improvements abutting State property and political subdivision thereof; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installments assessments; to provide for street improvement bonds which will not be an obligation of the town and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said town and for sewerage and drainage assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of such sanitary lots; to authorize the town to main and operate a system of waterworks; and any other public and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and

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things necessary or proper or incident to all municipal corporation and inhabitants and well-being thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights to provide for control of sewers and pipes in said town; to provide for the collections of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said town and for fire regulation therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a town cemetery and its regulations; to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for town parks, and for the regulations of trees in said town; to provide for regulation of vehicles and their speed in said town; to provide for a town fire department; to provide for a code of ordinances of said town; to require building permits before any building or structure can be erected in said town; to provide for the condemnation of private property, within and without the town for public purposes; to provide for the issuance of bonds, for bond elections and for the levy and collection of a tax to pay said bonds; to provide for the sale of town property by the mayor and town council; to provide for recall of elected officers; to provide that receipts and disbursements be published in the official gazette of the City of Ambrose; to provide that any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Dewey Hayes, Representative. Andrew Tanner.

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Georgia, Fulton County. 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, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coffee County Progress, which is the official organ of Coffee County, on the following dates: Dec. 9, 1954, Dec. 16, 1954, Dec. 23, 1954, Dec. 30, 1954. /s/ Dewey Hayes, Representative, Coffee County. Sworn to and subscribed before me this 7 day of February, 1955. /s/ Frances Y. Read (Notary Public) Fulton Co. Approved March 4, 1955. LOWNDES COUNTY COMMISSIONERSAMENDMENTS. No. 217 (House Bill No. 483). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County, approved February 12, 1945 (Ga. Laws 1945, p. 639), as amended, so as to change the compensation of the members of the board and to provide for a county administrator; to provide for qualifications, compensation, and duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues of Lowndes County, approved February 12, 1945 (Ga. Laws 1945, p. 639), as amended,

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is hereby amended by striking in its entirety Section 7 and inserting in lieu thereof a new Section 7, to read as follows: Section 7. The chariman f the board shall be compensated in the amount of $300 per month, and each of the other members of the board shall be compensated in the amount of $250 per month. In the event that the chairman or any other board member shall go without the limits of the county in the discharge of his duties, he shall be paid the actual expenses incurred, in addition to the aforesaid compensation. Compensation and expenses. Section 2. Said Act is further amended by adding a new section thereto, to be known as Section 8-A, to read as follows: Section 8-A. The board shall employ a person who shall be called the county administrator. Such person shall serve at the pleasure of the board and his compensation shall be fixed by the board. No person shall be county administrator unless such person is a qualified engineer and of proven executive ability and experience. The county administrator shall be the chief executive official of the county. It shall be his duty to execute all orders, directions, and instructions of the board, and to carry out the rules and regulations adopted by the board. He shall supervise and administer all county affairs, subject to the right of the board to rescind or nullify any action which is contrary to general law or contrary to the rules and regulations or orders of the board. County administrator. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared J. E. Mathis

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and G. T. Register, who, and each of them, first being duly sworn, depose and say: That they, and each of them, are Representatives of Lowndes 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 Valdosta Daily Times, which is the official organ of Lowndes County, Georgia and is the newspaper in which the sheriff's advertisements for Lowndes County are published, on December 31, 1954, January 7, 1955 and January 14, 1955. /s/ J. E. Mathis J. E. Mathis. /s/ G. T. Register G. T. Register. Sworn to and subscribed before me this the 7th day of February, 1955. /s/ Floy C. Stephenson Notary Public, Fulton County, Ga. My commission expires Oct. 18, 1955. (Seal) Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia, convening January 1955, a local bill affecting the County of Lowndes, which bill shall be an Act to amend an Act of the legislature creating a Board of Commissioners of Roads and Revenue in and for the County of Lowndes (See Ga. Laws, 1945, pages 639 to 647 inclusive) by striking Section 7 of said Act, which section provides in substance for the payment of compensation to the members of said board on a per diem basis, with a limitation on the total amount to be paid, and furthermore provides for payment of expenses incurred by said members in the event they or any of them shall go without the limits of the county in the discharge of their duties, said amendment providing in lieu thereof a section fixing the compensation of the

Page 2731

chairman of said board and the members thereof on a salary basis to be named in said amendment and further providing that in the event the chairman or other board members shall go without the limits of the county in the discharge of their duties they may be paid actual expenses incurred, in addition to their said salaries. This the 28th day of December, 1954. /s/ E. D. Mathis, /s/ G. T. Register, Representatives of Lowndes County, Georgia. Approved March 4, 1955. DALTONBOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS. No. 218 (House Bill No. 456). An Act to amend the charter of the City of Dalton, Whitfield County, with respect to the board of water, light and sinking fund commissioners of said city and the rights and duties of such board, the operation of a natural gas system and other utilities by said city, and the exercise of the power of eminent domain by said city for public purposes; and validating and making negotiable instruments, certain revenue certificates heretofore authorized by said city for the purpose of extending the electric and gas system of said city, and the proceedings for such certificates, and providing for the validation of such certificates in the Superior Court of Whitfield County, and for the sale and issuance thereof. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same:

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Section 1. That from and after the passage of this Act an Act approved February 24, 1874, entitled: An Act to consolidate, amend and codify the various acts incorporating the City of Dalton, in the County of Whitfield, and the various acts amendatory thereof, and to define the duties of the mayor and council and other officers of said city, and all subsequent Acts amending said Act, be and the same are hereby further amended by adding thereto the following provisions: Section 1. That as provided by Act 137 of the Laws of 1913, the board of water, light and sinking fund commissioners of said city shall have entire control over all public utilities owned or operated by said city, within or without its limits, with authority to make all contracts necessary to operate such utilities, to make all improvements and extensions thereto and to fix, impose and collect the rates and charges made for services and commodities supplied by such public utilities, provided however, that such rates and charges shall always be such as to comply with the provisions of any proceedings adopted by the council of said city authorizing the issuance of revenue bonds or certificates payable from the revenues of such public utilities, or any part thereof. Utilities. Section 2. That the City of Dalton is hereby vested with full power of eminent domain and shall have the right and power to enter upon, seize, appropriate and condemn for public purposes easements, rights-of-way, rights to the use of streams, and property of every kind and nature lying within its corporate limits, whether used for private or public purposes, and whether such lands, easements, rights-of-way, rights to the use of streams or property are occupied by any person, company or corporation, public or private; except that said city shall have no such right and power to enter upon, seize, appropriate and condemn property of any person, firm or corporation operating a utility or rendering a service similar to that for which said city proposes to occupy and use such property; that for the purpose of installation, extension, improvement, maintenance or operation of a natural gas system, said city is hereby

Page 2733

vested with full power of eminent domain and shall have the right and power to enter upon, seize, appropriate and condemn easements, right-of-way and property of every kind and nature, whether used for public or private purposes, and whether such lads, easements, rights-of-way, and rights to the use of streams or property lie within or without the corporate limits of said city and whether such easements, rights-of-way, rights to the use of streams or property are occupied by any person, company or corporation, public or private; provided that payment for all property so taken shall be made as provided by law and that the procedure to be used in any such proceeding shall be that prescribed by the laws of the State of Georgia governing the condemnation of property by the State of Georgia, political subdivisions thereof, or municipal corporations. If more than one law is so available at the time of the bringing of any such proceedings, said city may select the law to be used. Eminent domain. Section 2. Be it further enacted that all proceedings heretofore adopted by said city for the authorization and issuance of revenue certificates for the purpose of extending the electric and gas system of said city, and all of the provisions appearing in any such proceedings for the security of such certificates, and such certificates when issued pursuant thereto, whether or not changes are made subsequent to the passage of this Act and prior to the issuance of such certificates, are hereby ratified, validated and confirmed and declared to be legal and validly binding, and such certificates are hereby declared to have all of the quality of negotiable instruments. Said city is hereby authorized to bring proceedings in the Superior Court of Whitfield County for the validation of said certificates in the manner and with the effect provided in the Revenue Certificate Law of 1937 (Section 87-801 to Section 87-825, inclusive, Georgia Code Annotated). Following the completion of the validation of such certificates, the council is authorized to deliver such certificates to the purchasers thereof in accordance with the terms of sale and said council is authorized to do all things necessary to sell and to complete

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the authorization of such certificates and to make delivery thereof. Revenue certificates. Section 3. Be it further enacted that the provisions of this Act are severable and if any of its provisions shall be held to be invalid by any court of competent jurisdiction, the remaining provisions shall remain fully effective, it being hereby declared to be the legislative intent that this Act would have been adopted had any such invalid provisions not been included therein. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed, but this Act shall be construed as cumulative of other Acts with reference to the powers, rights and duties of said board of water, light and sinking fund commissioners, and shall not in anywise diminish or detract from any powers presently enjoyed by said board. Section 5. Be it further enacted that evidence of such notice having been exhibited in the General Assembly, it is hereby found that the notice of local legislation required by Paragraph XV of Section VII of Article III of the Constitution of Georgia was duly published in the newspaper in which sheriff's advertisements for The City of Dalton and Whitfield County are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of this Act into the General Assembly. Georgia, Whitfield County. Before me, an officer authorized to administer oaths, came Mark Pace, publishing editor of The Dalton Citizen, 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 Dalton with respect to the board of water, light and sinking fund commissioners of said city, and the rights and duties of such board, and validation and making negotiable instruments certain revenue certificates, and for other purposes,

Page 2735

was published in The Dalton Citizen in its editions of December 23, 1954, December 30, 1954 and January 6, 1955. Deponent further says that The Dalton Citizen is a newspaper of general circulation in Whitfield County, Georgia, is published weekly, and is the newspaper in which the sheriff's notices are published. This 29th day of January, 1955. /s/ Mark Pace. Subscribed and sworn to before me, a Notary Public, this 29th day of January, 1955. /s/ Carlton C. McCary Notary Public, Whitfield County, Georgia. Notarial Seal. My commission expires March 3, 1956. Notice to The Citizens of The City of Dalton and Others Whom it May Concern: Notice is hereby given by the Mayor and Council of the City of Dalton, Whitfield County, Georgia, of the intention of the council to apply to the 1955 Georgia General Assembly for the passage of a local Act amending the charter of the City of Dalton, Whitfield County, with respect to the board of water, light and sinking fund commissioners of said city and the rights and duties of such board, the operation of a natural gas system and other utilities by said city, and the exercise of the power of eminent domain by said city for public purposes; and validating and making negotiable instruments, certain revenue certificates heretofore authorized by said city for the purpose of extending the electric and gas system of said city, and the proceedings for such certificates, and providing for the validation of such certificates in

Page 2736

the Superior Court of Whitfield County, and for the sale and issuance thereof. /s/ Walter H. Boling, Mayor /s/ Guy W. Keister, City Clerk /s/ C. Ernest McDonald, /s/ Harlan Houston, /s/ Harvey King, Jr., Members, General Assembly of Georgia from Whitfield-County. Affidavit of Publication. This is to certify that the attached is a true and exact copy of a legal notice published on local legislation in regard to the passage of an Act amending the charter of the City of Dalton. The advertisement appeared in three consecutive issues of The Dalton Citizen, official organ of Whitfield County, Ga., on December 23, 30, and January 6. /s/ Mark Pace, Mark Pace, Editor /s/ L. A. Lee, L. A. Lee, Publisher. Notice to the Citizens of the City of Dalton and Others Whom it May Concern: Notice is hereby given by the Mayor and Council of The City of Dalton, Whitfield County, Georgia, and by the Representatives of Whitfield County, Georgia, in the General Assembly of Georgia, of their intention to apply to the 1955 General Assembly of Georgia for the passage of an Act amending the charter of The City of Dalton with respect to the board of water, light and sinking fund commissioners of said city and the rights and duties of such board, the operation of a natural gas system and other utilities by said city, and the exercise of the power of eminent domain by said city for public

Page 2737

purposes; and validating and making negotiable instruments, certain revenue certificates heretofore authorized by said city for the purpose of extending the electric and gas system of said city, and the proceeds for such certificates, and providing fo the validation of such certificates in the Superior Court of Whitfield County, Georgia, and for the sale and issuance thereof. Walter Bolling, Mayor. Guy Keister, City Clerk. Harlan Houston, Whitfield County Representative. Harvey G. King, Jr., Whitfield County Representative. Ernest McDonald, Senator, 43rd District. Approved March 4, 1955. WAYCROSSTAXATION. No. 220 (House Bill No. 217). An Act to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross in the County of Ware, approved August 17, 1909 (Ga. Laws of 1909, pp. 1456-1507), and the several Acts amendatory-thereof, by changing the provisions of Section 35 of said Act, so as to provide that taxes shall become a lien upon all property subject to taxation in Waycross, as owned on January 1 instead of February 1, of each year, and that tax books shall be opened for reception of tax returns by the tenth day of January of each year instead of the first day of February; 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:

Page 2738

Section 1. Section 35 of the Act entitled: An Act to provide and establish a new charter for the City of Waycross in the County of Ware, approved August 17, 1909, (Ga. Laws of 1909, pp. 1456-1507), is hereby amended by striking from the clause in Section 35 which reads as follows: Said taxes shall become a lien upon all property subject to taxation in said city, as owned on February 1st of each year, the words February 1st and inserting in lieu thereof the words January 1st so that said clause as hereby amended shall read as follows: Said taxes shall become a lien upon all property subject to taxation in said city as owned on January 1st of each year. Tax liens. Section 2. Said Section 35 of Act of the General Assembly of Georgia, approved August 17, 1909, is further amended by striking from the last sentence thereof the words first day of February and inserting in lieu thereof the words tenth day January so that said sentence when so amended shall read as follows: Tax books shall be opened for reception of tax returns by the tenth day of January of each year and closed on the 15th day of March following. Tax returns. Section 3. The provisions of this Act shall become effective January 1, 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. At the request of the commission of the City of Way-cross the undersigned will introduce at the next session of the General Assembly of Georgia which convenes in January 1955 a local bill to be entitled: An Act to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross in the County of Ware, approved August 17, 1909, (Ga. Laws of 1909, pp. 1456-1507), and the several Acts amendatory thereof, by changing the provisions of Section

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35 of said Act, so as to provide that taxes shall become a lien upon all property subject to taxation in Waycross, as owned on January 1 instead of February 1, of each year, and that tax books shall be opened for reception of tax returns by th tenth day of January of each year instead of the first day of February; and for other purposes. This December 11, 1954. Cleve Mincy, W. A. Frier, Representatives, Ware County. Georgia, Ware County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, J. M. Markey, Jr. who being duly sworn on oath says that he is business manager of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper published in the City of Waycross, Ware County, in which the sheriff's sales are advertised and which has a general circulation in Ware County, and that the attached and foregoing notice of proposed local legislation was duly published in said newspaper once a week for three weeks, in the issues of December 11, 18 and 24, 1954. /s/ J. M. Markey, Jr. J. M. Markey, Jr. Sworn to and subscribed before me, this the 19 day of January, 1955. /s/ Louise Breen, Notary Public, Ware County, Georgia. Notarial Seal Affixed. Approved March 4, 1955.

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CAIROSTREETS, ROADS AND ALLEYS. No. 221 (House Bill No. 389). An Act to amend an Act incorporating the City of Cairo, prescribing the limits thereof, providing for mayor and councilmen, and their authority over streets and alleys, and for other purposes, approved August 6, 1906 (Ga. Laws 1906, p. 573) and all Acts amendatory thereto; so as to authorize the mayor and council to alter, change, close and abandon streets and alleys of the City of Cairo when found beneficial to do so; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Cairo, prescribing the limits thereof, providing for mayor and councilmen, and their authority over streets and alleys 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 Section 42 of that certain Act approved August 6, 1906 (Ga. Laws 1906, p. 573) subsection A as follows: A- The Mayor and Council of the City of Cairo shall have full and complete authority and control over the streets, roads and alleys of said city and shall have full and complete power and authority within their discretion and they are hereby given such power and authority to alter, change, close up, vacate, abandon and abolish any street, alley or road or any part of a street, alley or road in said City of Cairo when found beneficial to do so. Control over streets, roads and alleys. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act to become effective upon it's approval. Section 4. A copy of notice of intention to apply for

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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 rlating 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. To Whom it May Concern: You are hereby notified that the undersigned intends to introduce in the 1955 January 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 beginning with January 1, 1957 the term of office for the Mayor of Cairo shall be 4 years instead of 2, and also to authorize the mayor and council to alter, change, close and abandon streets and alleys of the city when found beneficial to do so. This the 22 day of December, 1954. R. A. Harrell, Representative, Grady County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. A. Harrell, who, on oath, deposes and says that he is Representative from Grady County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger, which is the official organ of Grady County, on the following dates; December 31, 1954, January 7, 1955 and January 14, 1955. /s/ R. A. Harrell, Representative, Grady County.

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Sworn to and subscribed before me, this 1st day of February, 1955. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Approved March 4, 1955. COBB COUNTY COMMISSIONERAMENDMENTS. No. 223 (House Bill No. 193). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Cobb County, approved August 27, 1924 (Ga. Laws 1924, p. 314), as amended, so as to provide for a Deputy Commissioner of Roads and Revenues of Cobb County; to provide the method of designation of such deputy commissioner; to provide the compensation, duties, powers, and the term of office of the deputy commissioner; to provide that the deputy commissioner shall succeed to the office of commissioner under certain conditions; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues of Cobb County, approved August 27, 1924 (Ga. Laws 1924, p. 314), as amended, is hereby amended by striking in its entirety Section 6 and inserting in lieu thereof a new Section 6, to read as follows: Section 6. The Commissioner of Roads and Revenues of Cobb County shall have a deputy commissioner, whose

Page 2743

compensation shall be $6,000.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Any candidate for the office of commissioner shall on the date of his qualification for such office in either a primary or general election certify to the Ordinary of Cobb County the name of the person he shall appoint as deputy commissioner in the event he is elected to the office of commissioner, and the person so named and certified by the successful candidate for such office shall serve as the deputy commissioner during the term for which he was named. In the event of his death, disability or resignation of the deputy commissioner the commissioner shall have thirty days from the date of such death, disability or resignation to certify to the Ordinary of Cobb County the name of the new deputy commisioner to be appointed by him. In order to be eligible to serve as deputy commissioner a person must possess the same qualifications as provided for the office of commissioner. The deputy commissioner shall assist the commissioner in the performance of his duties. The deputy commissioner shall have full authority to act in the event the commissioner is out of the county for any reason or absent from his office because of illness or is unable for some other reason to act, and any action by the deputy commissioner under such circumstances shall have the same force and effect as if such action had been taken by the commissioner. In the event a vacancy occurs in the office of Commissioner of Roads and Revenues of Cobb County, the deputy commissioner shall immediately succeed to the office of commissioner. In the event the vacancy occurs more than sixty days prior to the next general election, the deputy commissioner shall hold the office of commissioner until such general election at which time a person shall be elected to fill the unexpired term of office of the commissioner. In the event a vacancy occurs within a period of sixty days immediately preceding the next general election, he shall hold the office of commissioner until the general election immediately subsequent to the aforesaid general election and until a successor to the commissioner is duly elected and qualified. Deputy [Illegible Text]

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Section 2. Said Act is further amended by striking from the first paragraph of Section 15 the words and an election shall be called to fill said vacancy within thirty days thereafter, and by striking the last paragraph of Section 15, so that when so amended Section 15 shall read as follows: Section 15. Be it further enacted, that if the commissioner shall fail to perform faithfully the duties of his office under this Act, whether from wilful neglect, from misconduct, malfeasance or malpractice in office, or from any mental or physical disability, or from any other cause that unfits him for the duties of his office, he may be recalled in the following manner: Upon the presentation to the ordinary of said county of a written petition signed by one-third of the qualified voters of said county, as shown by the last registration list duly certified by the registrars of said county, said petition setting forth the reason and grievances of said petitioner and asking for the recall of said commissioner, the ordinary shall order an election to determine the recall not earlier than twenty days and not later than sixty days from the date of the presentation of such petition; such election to be governed in all respects by the laws, rules, and regulations governing the election of county officers. If in the election a majority of the votes cast are in favor of the recall, then the said commissioner's office shall be declared vacant, but if a majority of the votes cast are against recall, then the said commissioner shall remain in office. Recall of commissioner. Section 3. The provisions herein relative to the deputy commissioner shall be first applicable to the election for commissioner in 1956, who will take office in 1957, and candidates in such 1956 election and future elections shall comply with such provisions. A vacancy occurring in the office of commissioner prior to the time the commissioner takes office in 1957 shall be filled as provided by law prior to the passage of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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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 Act No. 383 of the 1924 session of the General Assembly of Georgia, as previously amended, by creating and providing for the office of Deputy Commissioner of Roads and Revenues of Cobb County, Georgia; defining the method of appointment of such Deputy Commissioner of Roads and Revenues for Cobb County, the compensation, duties, powers and tenure of such office, as well as providing for the succession of such deputy to commissioner under certain conditions; and for other purposes, was published in the Cobb County Times in its editions of December 16, 23, and 30, 1954: T 1563. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1955 session of the General Assembly of Georgia, a bill to amend Act No. 383 of the 1924 session of the General Assembly of Georgia, approved August 7, 1924, (Ga. Laws 1924, p. 314 et seq.) as previously amended, such Act being entitled: An Act to create a Commissioner of Roads and Revenues for Cobb County, Georgia; to provide for the election of the same; to define his powers and duties; to fix his compensation, and for other purposes. by creating and providing for the office of Deputy Commissioner of Roads and Revenues of Cobb County, Georgia; defining the method of appointment of such Deputy Commissioner of Roads and Revenues for Cobb County, the compensation, duties, powers and tenure of such office as well as providing for the succession of such deputy to commissioner under certain conditions; and for other purposes.

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This 15th day of December, 1954. Fred D. Bentley, Raymond M. Reed, Harold S. Willingham, Representatives, Cobb County. 12; 16-23-30. 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 for the county were published for the calendar year 1954. This 15th day of January, 1955. /s/ Brooks P. Smith, Brooks P. Smith, Publisher, Cobb County Times. Sworn to and subscribed before me, this 15th day of January, 1955. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. Notarial Seal Affixed. Approved March 4, 1955. PHOTOGRAPHIC RECORDING IN CERTAIN COUNTIES. No. 224 (House Bill No. 156). An Act to authorize the clerk of the superior court or the ordinary of any county of the State having a population of not less than 31,000 according to the 1950 United States census or any future United States census, to install and use photostatic equipment or other photographic equipment, and excluding micro equipment in recording, in copying, and furnishing

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copies of any and all instruments, records and proceedings or parts of the same of record or on file in said office; to provide that such equipment may be provided by the proper and respective county authorities; to repeal conflicting lws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the superior court or the ordinary of any county of this State, having a population of not less than 31,000 according to the 1950 United States census or any future United States census, may install and use photostatic equipment or other photographic equipment, and, excluding micro equipment, in recording, copying and furnishing copies of any and all instruments, records and proceedings or parts of the same, of record or on file in said office. Such equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. The provisions of this Act for the installation and use of such equipment shall be construed to be permissive only, and are cumulative of existing provisions of law. Provided, however, that should such equipment be purchased as authorized herein, the use of such equipment shall be mandatory in so far as practical. Counties in which applicable. Section 2. All provisions of existing law relating to the filing, docketing, recording, keeping, copying, binding, indexing, certification and the furnishing of copies of record, including certified copies, and those relating to the amount of fees of officers in connection therewith, shall, as far as may be consistent with the provisions of this Act, apply to such photostatic, photographic and micro records and copies. Section 3. No provision of this Act shall be construed to change or repeal any rule of court or provision of law relating to records on appeal or review in the courts of this State. Section 5. If any portion of this Act shall be declared

Page 2748

invalid, the remainder of this Act and the application of such portion to other persons and circumstances shall remain unaffected. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. WHITFIELD COUNTY COMMISSIONERAMENDMENT. No. 225 (House Bill No. 207). An Act to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Whitfield, approved July 27, 1929 (Ga. Laws 1929, p. 763), as amended, particularly by an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 2145), so as to repeal Section 2, entitled Candidacy of the Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating the office of the Commissioner of Roads and Revenue of the County of Whitfield, approved July 27, 1929 (Ga. Laws 1929, p. 763), as amended, particularly by an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2145), is hereby amended by striking in its entirety Section 2, which reads: Sec. 2, Act of 1929, 1953, stricken. Section 2. Be it enacted, that no person shall be eligible as a candidate for the office of commissioner as the nominee of any political party holding a primary election for said office in said county, who shall not have received in said primary election, or in a subsequent run-off election, as provided by the political party holding

Page 2749

said primary, a majority of the votes cast in such primary election, or subsequent run-off election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. This is to certify that the attached is a true and exact copy of a legal notice published on local legislation in regard to introducing a bill to amend the Act creating the office of Commissioner of Roads and Revenue. The advertisement appeared in three consecutive issues of The Dalton Citizen, official organ of Whitfield County, Ga., on December 23, 30, and January 6. /s/ Mark Pace Mark Pace, Editor /s/ L. A. Lee L. A. Lee, Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill to repeal provisions of the Act creating the office of commissioner of roads and revenue, as amended, that requires a nominee of any political party holding a primary election for said office in said county to receive a majority of the votes cast in such primary election, or subsequent run-off election; and for other purposes. This 20th day of December, 1954. Harlan Houston, Seat No. 1. Harvey G. King, Jr., Seat No. 2. Representatives, Whitfield County. Approved March 4, 1955.

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CAIROMAYOR'S TERM. No. 226 (House Bill No. 296). An Act to amend an Act incorporating the City of Cairo, prescribing the limits thereof, providing for mayor and councilmen, and their terms of office, and for other purposes approved August 6, 1906 (Ga. Laws 1906, p. 573) and all Acts amendatory thereto; more particularly an Act approved December 17, 1953 (Ga. Laws 1953, Non-Dec. sess., p. 2536) so as to change the length of the term of office of the mayor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Cairo, prescribing the limits thereof, providing for mayor and councilmen, and their terms of office, and for other purposes approved August 6, 1906 (Ga. Laws 1906, p. 573) and other Acts amendatory thereto; more particularly an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. sess., p. 2536) is hereby amended by including after the figure (4) and after the words these councilmen in Section B of that certain Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. sess., p. 2536) the words and the mayor so that when said Section B is so amended it will read as follows: Acts amended. (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) and the mayor 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 and the mayor shall be for the term of four (4) years and until their successors are elected and qualified. Term. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Section 3. This Act shall 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. To Whom It May Concern: You are hereby notified that the undersigned intends to introduce at the 1955 January 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 beginning with January 1, 1957, the term of office for the Mayor of Cairo shall be four (4) years instead of two (2). And also to authorize the mayor and council to alter, change, close and abandon streets and alleys of the city when found beneficial to do so. This the 22 day of December, 1954. R. A. Harrell, Representative, Grady County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. A. Harrell, who, on oath, deposes and says that he is Representative from Grady County, and that the above copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger, which is the official organ of Grady County, on the following dates:

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December 31, 1954, January 7, 1955 and January 14, 1955. /s/ R. A. Harrell, Representative, Grady County. Sworn to and subscribed before me this 26 day of January, 1955. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 4, 1955. TALIAFERRO COUNTY COMMISSIONERSCHAIRMAN'S COMPENSATION. No. 227 (House Bill No. 369). An Act to amend an Act entitled An Act to amend the Act of 1922 (Acts 1922, pp. 416-418), approved August 17, 1922, so as to change the term of office Board of County Commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. Laws 1939, p. 734), as amended by an Act approved February 26, 1945 (Ga. Laws 1945, p. 804), and an Act approved February 7, 1952 (Ga. Laws 1952, pp. 2270-2271), so as to increase the compensation of the chairman, provided the tax rate of the county, for county purposes, does not exceed 15 mills as now levied; and to provide that the chairman shall receive travel expenses not to exceed thirty-five ($35) dollars per month; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to amend the Act of 1922 (Acts 1922, pp. 416-418), approved August 17, 1922, so as to change the term of office Board of County Commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes., approved March 7, 1939 (Ga. Laws 1939, p. 734), as amended by an Act approved February 26, 1945 (Ga. Laws 1945, p. 804), and an Act approved February 7, 1952 (Ga. Laws 1952, pp. 2270-2271), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 which shall read as follows: Acts amended. Section 4. That the salary of the chairman of said board shall be one hundred seventy-five ($175) dollars per month, provided however that in all years in which the tax rate of the county, for county purposes, does not exceed fifteen mills, the chairman of said board shall receive an additional fifty ($50) dollars per month as salary. The chairman of said board shall also receive travel expenses not to exceed thirty-five ($35) dollars per month. The compensation of the other two members of said board shall be ten ($10) dollars per diem for each day they shall, in the discharge of their duties, attend a meeting of such board. Salary and expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. I, Carey Williams, before the undersigned officer duly authorized by law to administer oaths, depose and on oath say that I am the editor and publisher of The Advocate-Democrat, the official organ of Taliaferro County, Georgia, and the above and foregoing notice of intention to submit local bill was published in said Advocate-Democrat once each week for three weeks, same being on the following dates: December 10, 1954, December 17, 1954, and December 24, 1954.

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This 24th day of January, 1955. /s/ Carey Williams. Sworn to and subscribed before me this 25th day of January, 1955. /s/ Mary K. Dolvin Notary Public. Notice of Intended Legislation. I intend to introduce the following bill in the General Assembly of Georgia in 1955 session: An Act to amend an Act entitled An Act to amend the Act of 1922 (Acts 1922, pp. 416-418), approved August 17, 1922, so as to change the term of office Board of County Commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. Laws 1939, p. 734), as amended by an Act of February 26, 1945 (Ga. Laws 1945, p. 804), so as to increase the compensation of the chairman and the members of the Board of Commissioners of Taliaferro County, and to provide that the chairman shall receive no travel expenses for travel outside the county; to repeal conflicting laws; and for other purposes, approved February 7, 1952, (Acts 1952, pp. 2270-2271), so as to increase the compensation of the chairman, provided the tax rate of the county, for county purposes, does not exceed fifteen mills as now levied, and to provide that the chairman shall receive travel expenses not to exceed $35.00 per month, and for other purposes. Wales T. Flynt. dec. 10-17-24-1954 Approved March 4, 1955.

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ELLIJAYWATER, LIGHT AND GAS SYSTEMS. No. 228 (House Bill No. 529). An Act t amend an Act incorporating and establishing the City of Ellijay, in the County of Gilmer, approved August 14, 1909, and the Acts amending same, so as to authorize and empower the City of Ellijay to contract with any other municipality, person, firm or corporation for the purchase of water from the said City of Ellijay, 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 28 of the Act incorporating and establishing the City of Ellijay, approved August 14, 1909 (Ga. Laws, 1909), and the Acts amendatory thereto, be amended by adding at the end of said Section 28 on page 865 of the Georgia Laws, 1909, the following language: The City of Ellijay shall have the power and authority to contract with any other municipality, person, firm or corporation for the purchase of water from the said City of Ellijay. so that said Section 28 as amended shall read as follows, to wit: Section 28. Be it further enacted, that the said City of Ellijay created by this Act shall have power and authority to establish, own and maintain and operate a system of waterworks, electric light plant, gas works and sewerage system, or any of them, for the purpose of supplying the inhabitants and the city as well as customers generally within said city and its suburbs, with water, lights, electricity, or gas for power purposes, sewerage, or any of them, and the mayor and councilmen of said city shall have the full power and authority to do any and all things necessary for such purposes, to contract with any person for the purchase of land or premises and water rights, to be used in connection therewith, whether within or without the city, and if necessary to condemn the same as in this charter provided. Said

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mayor and councilmen shall have the authority to make contracts for the purchase of plants, machinery and appliances, and do any acts necessary in connection with the same not in conflict with the powers vested in the water, light, sewer and bond commission created by this Act for said city. The City of Ellijay shall have the power and authority to contract with any other municipality, person, firm or corporation for the purchase of water from the said City of Ellijay. 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. State of Georgia, County of Gilmer. Personally appeared before the undersigned officer, C. F. Owen, who, after being duly sworn on oath, deposes and says that he is the owner and publisher of the Times-Courier, a newpaper published and having general circulation in the County of Gilmer 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 December 9th, 16th and 23rd, 1954. /s/ C. F. Owen. Sworn to and subscribed before me, this January 14, 1955. /s/ Avary Dimmock, Jr. Notary Public, Gilmer County, Georgia. My commission expires Sept. 10, 1958. (Seal) Notice of Local Legislation. Notice is hereby given under Section 47-801 of the Code of Georgia 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 amend Section 28 of the Act incorporating

Page 2757

the City of Ellijay, approved Aug. 14, 1909, and Acts amendatory thereto, so as to authorize and empower the City of Ellijay to contract with any other municipality, person, firm or corporation for the purchase of water from the said City of Ellijay. This 7th day of November, 1954. A. H. Edwards, Mayor City of Ellijay. Approved March 4, 1955. TAX COLLECTOR'S COMMISSION IN CERTAIN COUNTIES. No. 229 (House Bill No. 287). An Act to provide that the tax collector in all counties of this State having a population of not more than 9,950 and not less than 9,800, according to the 1950 United States census or any future United States census, shall be paid from ad valorem school tax collected for the county board of education a commission of three and one-half percent (3%) of the net amount collected by him; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The tax collector in all counties of this State having a population of not more than 9,950 and not less than 9,800, according to the United States census of 1950, or any future United States census, shall be paid from the ad valorem school tax collected for the county board of education a commission of three and one-half percent (3%) of the net amount collected. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955.

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MACONAPPROPRIATIONS TO LIBRARIES AND NIGHT SCHOOLS. No. 230 (House Bill No. 372). An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend 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 repeal Section 129 of said Act of 1927, as amended, relating to appropriations to libraries and night schools; to re-enact in lieu thereof a new section known as 129 and relating to the same subject matter; 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 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 Act 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

Page 2759

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, be and the same are hereby further amended by repealing Section 129 of said Act of 1927 as amended, relating to appropriations to libraries and night schools and re-enacting in lieu thereof a new Section 129 relating to the same subject matter and which shall read as follows: Section 129. Appropriations to libraries and night schools. The Mayor and Council of the City of Macon are authorized and empowered to make annual, semiannual, or quarterly appropriations to the public libraries of the City of Macon, the amount of the same to be within the discretion of said mayor and council. The Mayor and Council of the City of Macon are further authorized and empowered to make annual, semi-annual or quarterly appropriations for the purpose of organizing, opening, maintaining, operating, and teaching a night school for the illiterate men, women, boys and girls of the city who may apply and who are of good moral character and over twelve years of age, the amount of said appropriation to be within the discretion of said mayor and council. Said mayor and council shall have the power and authority to discontinue making said appropriations at any time. Appropriations. Section 2. All laws or parts of laws in conflict herewith be and the same hereby are repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News

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on the following dates. December 24, 1954, December 31, 1954, January 7, 1955. /s/ Florence J. Scott. Sworn to and subscribed to before me this 25th day of January, 1955. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. (Seal) Georgia, Bibb County. To Whom It May Concern: Notice is hereby given that application will be made to the January, 1955 session of the General Assembly of Georgia for the passage of the following bill, to wit: A bill to be entitled. An Act to amend an Act approved August 3, 1927, entitled `An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend said Act of 1914 and the Act 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 repeal Section 129 of said Act of 1927, as amended, relating to appropriations to libraries and night schools; to re-enact in lieu thereof a new section known as 129 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.

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This 23rd day of December, 1954. C. Cloud Morgan, City Attorney. State of Georgia, County of Fulton. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that the attached notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit, on the 24th and 31st day of December, 1954, and on January 7, 1955, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 31st day of January, 1955. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 4, 1955. MACONSTREET CLOSING AND CONVEYANCE RATIFIED. No. 232 (House Bill No. 371). An Act to ratify and confirm the action of the Mayor and Council of the City of Macon, as shown by minutes

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of its meeting of January 4, 1955, in abandoning, vacating and closing a certain portion of a ten-foot alley in Macon, Georgia (sometimes referred to as New Street Lane), and the conveyance of the same to Bibb Transit Company, a corporation of Bibb County, Georgia, and to Eden Taylor, Jr. and M. G. Aldridge, by deed dated January 11, 1955, and of record in the Clerk's office, Superior Court Bibb County, Georgia, in Deed Book 695, Folio 733; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, Georgia, as shown by the minutes of its regular meeting of January 4, 1955, providing for the closing, abandonment and vacating of a certain portion of an alley in the City of Macon (some times referred to as New Street Lane), and the conveyance of the same to Bibb Transit Company, a corporation of Bibb County, Georgia, and to Eden Taylor, Jr. and M. G. Aldridge, all as shown by deed from the said City of Macon to Bibb Transit Company, Eden Taylor, Jr. and M. G. Aldridge, dated January 11, 1955, and of record in the Clerk's office, Superior Court Bibb County, Georgia, in Deed Book 695, folio 733, be, and the same is hereby, ratified and confirmed; and the title in said alley and lane in and to Bibb Transit Company, Eden Taylor, Jr. and M. G. Aldridge, according to said deed, is hereby confirmed. New Street Lane. Section 2. Be it further enacted by the authority aforesaid that said conveyance of January 11, 1955, be, and the same is, hereby sanctioned and confirmed as a valid and legal conveyance, so as to fully and effectually vest title to all of the lands described therein in and to Bibb Transit Company, Eden Taylor, Jr. and M. G. Aldridge, as set forth in said deed. Conveyance confirmed. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict

Page 2763

with the provisions of this Act be, and the same are, hereby repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates. December 11, 1954, December 18, 1954, December 24, 1954. /s/ Florence J. Scott. Sworn to and subscribed to before me this 24th day of December, 1954. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. (Seal) Notice is hereby given that Bibb Transit Company, a corporation of Bibb County, Georgia, M. G. Aldridge and Eden Taylor, Jr., intend to apply to the General Assembly of the State of Georgia, which convenes January 1955, to pass an Act ratifying and confirming the action of the City of Macon, Georgia, in vacating and abandoning for street and alley purposes so much of the following described alley or street in the City of Macon, Georgia, and the conveyance of the same by written instrument in the form of a deed to Bibb Transit Company, M. G. Aldridge and Eden Taylor, Jr.; one-half being conveyed to Bibb Transit Company and one-half to M. G. Aldridge and Eden Taylor, Jr. Said portion of said alley or street is described as follows: All that certain alley or street (the same never being opened or in use) being 10 feet in width and being commonly referred to as New Street Lane, which lies between lots 2 and 3 of square 99 Old City, City of Macon, Bibb County, Georgia; the portion of said alley involved beginning at the northerly

Page 2764

side of Riverside Drive (formerly Ocmulgee Street) at the extreme southerly boundary of encroachments granted into Riverside Drive on the northerly side thereof, and running thence northerly between said lots 2 and 3 square 99, to the rear thereof, and 20 feet beyond the rear of said lots. This notice is given pursuant to Paragraph 15 of Article 3 of the Constitution of the State of Georgia of 1945, codified in Section 1915 of Title 2 of the 1933 Code of Georgia Annotated. Bibb Transit Company. M. G. Aldridge. Eden Taylor, Jr. By Miller, Miller Miller, their Attorneys at Law. State of Georgia, County of Fulton. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that the attached notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit, on the 11th, 18th, and 24th days of December, 1954, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me this 31st day of January, 1955. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 4, 1955.

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ATHENSNURSING HOME. No. 233 (House Bill No. 440). 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 own and operate, either alone or jointly with other political subdivisions of this State, a nursing home for the care of aged or infirm residents of the City of Athens, on a basis either charitable or self-sustaining, or partially charitable and partially self-sustaining; and to authorize The Mayor and Council of the City of Athens to contract with private person and organizations for the rendition of such care to the residents of said city on either of said bases. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. The Mayor and Council of the City of Athens is hereby authorized and permitted to own and operate, either alone or jointly with the State of Georgia or any political subdivision thereof, a nursing home for the care of aged or infirm residents of the City of Athens on a basis either charitable or self-sustaining or partially charitable and partially self-sustaining; and The Mayor and Council of the City of Athens is hereby authorized and permitted to contract with private persons or organizations for the rendition of such care to the residents of said city on either of said bases. Nursing home. 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

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Athens, intend to apply to the General Assembly of Georgia, at the January, 1955, Session thereof for an amendment to the charter of The Mayor and Council of the City of Athens authorizing and permitting The Mayor and Council of the City of Athens to own and operate, either alone or jointly with other political sub-divisions of the State of Georgia, a nursing home for the care of aged or infirm residents of the City of Athens on a basis either charitable or self sustaining or partially charitable and partially self sustaining; or to contract with private persons and organizations for the rendition of such care to the residents of said city on either of said bases. This 14th day of January, 1955. Robert G. Stephens, Jr., Chappelle Matthews, Representatives from Clarke County in the General Assembly of Georgia. J 14-21-28. 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 legislature affecting The Mayor and Council of the City of Athens was published in the Athens Banner-Herald on January 14, 1955, January 21, 1955 and January 28, 1955. /s/ E. B. Braswell.

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Certified, sworn to and subscribed before me this 31st day of January, 1955. /s/ James Barrow Notary Public, Clarke Co., Ga. (Seal) Approved March 4, 1955. WAYCROSS JUDICIAL CIRCUITSOLICITOR-GENERAL'S SALARY. No. 235 (Senate Bill No. 105). An Act to amend an Act approved August 20, 1917 (Ga. Laws 1917, p. 299) which provided a salary for the Solicitor-General of the Waycross Judicial Circuit as amended, particularly by an Act approved February 11, 1949, (Ga. Laws 1949, p. 533), so as to increase the compensation of the solicitor-general; to provide the proportion of the compensation to be paid by each of the several counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 20, 1917 (Ga. L. 1917, p. 299) which provided a salary for the Solicitor-General of the Waycross Judicial Circuit, as amended, particularly by an Act approved February 11, 1949 (Ga. Laws 1949, p. 533), is hereby amended so as to provide that the salary to be paid the Solicitor-General of the Waycross Judicial Circuit shall be $7,000 per annum to be paid monthly. The portion of the salary payable by each of the counties composing the Waycross Judicial Circuit to the solicitor-general thereof in compensation for services of such solicitor-general shall be paid by each of the counties as follows on the first day of each month.

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Ware $181.20 Coffee 129.30 Pierce 86.32 Bacon 68.98 Brantley 63.34 Charlton 54.20 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1955. COLUMBUSCONVEYANCE OF PART OF STREET AUTHORIZED. No. 236 (House Bill No. 248). An Act vesting in the City of Columbus power and authority to sell and convey or exchange and convey, at any time or times, with the consent of the abutting owner or owners on the west, the fee simple title to any part, parts or all of a tract of land in said city comprising the west thirty-three (33) feet of Front Avenue between Eleventh and Twelfth Streets in said city described as follows: Beginning at a point where the north line of Eleventh Street intersects the present west line of Front Avenue, and running thence north, along the present west line of Front Avenue and along the east line of City Lots Nos. Thirty-One (31), Thirty-Two (32), Thirty-Three (33) and Thirty-Four (34), a distance of five hundred ninety-six and one-tenth (596.1) feet to the present southwest intersection of Front Avenue and Twelfth Street; thence east, along an eastern prolongation of the south line of Twelfth Street, thirty-three (33) feet to a point ninety-nine (99) feet west of the present southeast intersection of Front Avenue and Twelfth Street; thence south, along

Page 2769

a line parallel with and uniformly thirty-three (33) feet east of the present west line of Front Avenue, five hundred ninety-six and one-tenth (596.1) feet to a point ninety-nine (99) feet west of the present northeast intersection of Front Avenue and Eleventh Street; thence west, along an eastern prolongation of the north line of Eleventh Street, thirty-three (33) feet to the point of beginning; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the Authority of the same: Section 1. That power and authority is hereby vested in the City of Columbus to sell and convey or exchange and convey, at any time or times, with the consent of the abutting owner or owners on the west, the fee simple title to any part, parts or all of a tract of land in said city comprising the west thirty-three (33) feet of Front Avenue between Eleventh and Twelfth Streets in said city described as follows: Beginning at a point where the north line of Eleventh Street intersects the present west line of Front Avenue, and running thence north, along the present west line of Front Avenue and along the east line of City Lots Nos. Thirty-One (31), Thirty-Two (32), Thirty-Three (33) and Thirty-Four (34), a distance of five hundred ninety-six and one-tenth (596.1) feet to the present southwest intersection of Front Avenue and Twelfth Street; thence east, along an eastern prolongation of the south line of Twelfth Street, thirty-three (33) feet to a point ninety-nine (99) feet west of the present southeast intersection of Front Avenue and Twelfth Street; thence south, along a line parallel with and uniformly thirty-three (33) feet east of the present west line of Front Avenue, five hundred ninety-six and one-tenth (596.1) feet to a point ninety-nine (99) feet west of the present northeast intersection of Front Avenue and Eleventh Street; thence west, along an eastern prolongation of the north line of Eleventh Street, thirty-three (33) feet to the point of beginning.

Page 2770

change and conveyance may be made pursuant to a resolution adopted by the Commission of the City of Columbus at any regular meeting, which resolution shall be effective immediately upon passage, for such consideration as said commission in its discretion shall deem proper, and the mayor and the city clerk of said city are hereby authorized and empowered to execute and deliver for and on behalf and in the name of said city deeds of conveyance to any part, parts or all of the above described tract of land. Upon the execution and delivery of any such deed of conveyance, all that portion of the above described tract of land conveyed thereby shall cease to be a public street. Description. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. Certificate of Publication. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1955, for the passage of a bill entitled as follows: An Act vesting in the City of Columbus power and authority to sell and convey or exchange and convey, at any time or times, with the consent of the abutting owner or owners on the west, the fee simple title to any part, parts or all of a tract of land in said city comprising

Page 2771

the west thirty-three (33) feet of Front Avenue between Eleventh and Twelfth Streets in said city described as follows: Beginning at a point where the north line of Eleventh Street intersects the present west line of Front Avenue, and running thence orth, along the present west line of Front Avenue and along the east line of City Lots Nos. Thirty-One (31), Thirty-Two (32), Thirty-Three (33) and Thirty-Four (34), a distance of five hundred ninety-six and one-tenth (596.1) feet to the present southwest intersection of Front Avenue and Twelfth Street; thence east, along an eastern prolongation of the south line of Twelfth Street, thirty-three (33) feet to a point ninety-nine (99) feet west of the present southeast intersection of Front Avenue and Twelfth Street; thence south, along a line parallel with and uniformly thirty-three (33) feet east of the present west line of Front Avenue, five hundred and ninety-six and one-tenth (596.1) feet to a point ninety-nine (99) feet west of the present northeast intersection of Front Avenue and Eleventh Street; thence west, along an eastern prolongation of the north line of Eleventh Street, thirty-three (33) feet to the point of beginning; and for other purposes. This 5th day of January, 1955. Roscoe Thompson, City Attorney, City of Columbus, Georgia. Pub: 1-7,14,21. 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

Page 2772

weeks, to wit, on January 7, 1955, January 14, 1955 and January 21, 1955. /s/ M. R. Ashworth M. R. Ashworth. Sworn to and subscribed before me this 22 day of January, 1955. /s/ Joseph P. Meyer Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved March 4, 1955. MUNICIPAL COURT OF COLUMBUSCOMPENSATION OF DEPUTY MARSHALS. No. 238 (House Bill No. 250). An Act to amend an Act of the General Assembly of Georgia, approved February 6, 1952, amending an Act approved August 12, 1951, and all amendatory Acts thereto, entitled An Act to abolish justice courts and the office of the justice of the peace, and for other purposes, and the Act amendatory thereof, approved December 17, 1953, to authorize the increase in the maximum salaries of the deputy marshals of the Municipal Court of Columbus, and for other purposes; to repeal Section 14 of said Act, as amended, and to enact a new Section 14 in lieu thereof to accomplish the above purpose. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that said Section 14 of said Act approved February 6, 1952, as amended by said Act approved December 17, 1953, is hereby repealed, and a new section is hereby substituted in lieu thereof, to read as follows: Section 14. Be it further enacted by the authority

Page 2773

aforesaid, that the marshal of said court shall appoint a deputy marshal or marshals for properly conducting 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 per annum and a maximum of forty-eight hundred dollars 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 shall be such amount, not less than five hundred twenty-eight 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. 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, and that this Act shall be effective from the first day of the month next following the approval thereof. Notice of the intention to apply for the passage of this Act has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements for Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice, certified to by the publisher of said newspaper, as provided by law. Notice. Notice is hereby given that application will be made at the 1955 session of the General Assembly of Georgia for the passage of a bill to amend an Act approved February 6, 1952, as amended by an Act approved December 17, 1953, entitled An Act to abolish justice

Page 2774

courts and the office of the justice of the peace, and for other purposes, to authorize an increase in the maximum salaries of the deputy marshals of the Municipal Court of Columbus, within the discretion of the Commissioners of Roads and Revenues of Muscogee County; to repeal Section 14 of said Act, as amended, and to enact a new section in lieu thereof to accomplish such purpose. This December, 1954. (Signed) B. F. Pugh. B. F. Pugh. Notice. Notice is hereby given that application will be made at the 1955 session of the General Assembly of Georgia for the passage of a bill to amend an Act approved February 5, 1952, as amended by an Act approved December, 1953, entitled An Act to abolish justice courts and the office of the justice of the peace, and for other purposes, to authorize an increase in the maximum purposes, to authorize an increase in the maximum salaries of the deputy marshals of the Municipal Court of Columbus, within the discretion of the Commissioners of Roads and Revenues of Muscogee County; to repeal Section 14, of said Act, as amended, and to enact a new section in lieu thereof to accomplish such purpose. This 23rd day of December, 1954. B. F. Pugh. 12-28, 1-3, 10. Columbus, Ga. Affidavit of Publication. Georgia, Muscogee County. Personally appeared before the undersigned M. R. Ashworth who on oath says that he is publisher of the Columbus Ledger-Enquirer, and that the attached legal advertisement was published in the Columbus Ledger on the following dates: Dec. 12, 1954, Jan. 3/10, 1955. /s/ M. R. Ashworth.

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Sworn to and subscribed before me this 8 day of January, 1955. /s/ Gloria T. Slaughter Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved March 4, 1955. GRIFFIN-SPALDING COUNTY BOARD OF EDUCATIONAMENDMENTS. No. 241 (House Bill No. 365). An Act to amend an Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 2563), as amended by an Act approved November 30, 1953 (Ga. Laws 1953, Nov.-Dec. sess., p. 2007), so as to provide for the date of the election of the members of the board; to make provisions for a runover election in certain instances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 2563), as amended by an Act approved November 30, 1953 (Ga. Laws 1953, Nov.-Dec. sess., p. 2007), is hereby amended by striking the second sentence from Section 6 and inserting in lieu thereof the following: All succeeding elections for members of the Griffin-Spalding County Board of Education shall be held on the date set by law for holding State primary elections in the even numbered years, but in the event such date ceases to be set by law, the elections for members of the

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said board shall be held on the date of the general election in such years. Such election shall be held in the manner of elections for members of the General Assembly, so that when so amended Section 6 shall read as follows: 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 date set by law for holding State primary elections in the even numbered years, but in the event such date ceases to be set by law, the elections for members of the said board shall be held on the date of the general election in such years. Such elections 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. Date of elections. Section 2. Said Act is further amended by adding at the end of Section 7 the following: In the event no person receives a majority of votes, the 2 persons receiving the highest number of votes shall be voted upon in a runover election, to be held on a day not less than 10 nor more than 15 days from the date of the first election, with the date therefor set by the ordinary. In the event 2 or more persons received the same number of votes for second place in the election, and the person who receives the highest number of votes does not get a majority, a runover election shall be held between such persons and the person receiving the highest number of votes under the same provisions as prescribed hereinbefore. In the event only 2 persons are running and such 2 persons receive the same number of votes in the election, a run-over election shall be held between such persons under the same provisions as prescribed hereinbefore. In any runover election the person receiving the highest number of votes will be declared to have been elected as a member of the board. In the event of a tie vote for first

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place in any runover election, the other members of the board shall select the person to serve., so that when so amended Section 7 shall read as follows: Section 7. All members of the Griffin-Spalding County Board of Education qualifying from the aforesaid county districts shall be elected by the majority vote of the electors qualified and voting thereon who reside outside the city limits of Griffin, and all members of said board qualifying from the aforesaid city districts shall be elected by the majority vote of the electors qualified and voting thereon who reside within said corporate limits of Griffin. In the event no person receives a majority of the votes, the 2 persons receiving the highest number of votes shall be voted upon in a runover election, to be held on a day not less than 10 nor more than 15 days from the date of the first election, with the date therefor set by the ordinary. In the event 2 or more persons receive the same number of votes for second place in the election, and the person who receives the highest number of votes does not get a majority, a runover election shall be held between such persons and the person receiving the highest number of votes under the same provisions as prescribed hereinbefore. In the event only 2 persons are running and such 2 persons receive the same number of votes in the election, a runover election shall be held between such persons under the same provisions as prescribed hereinbefore. In any runover election the person receiving the highest number of votes will be declared to have been elected as a member of the board. In the event of a tie vote for first place in any runover election, the other members of the board shall select the person to serve. Runovers. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal10213. Notice of Intent to Apply for Local Legislation. Notice is hereby given that at the January, 1955, session

Page 2778

of the Georgia General Assembly a bill will be introduced to amend an Act to the legislature which provided for the creation of the Griffin-Spalding County School System and an election of the board of education for said system, which said bill shall provide for a change of the date on which said board members are elected and shall provide for the conduct of a runover election in the event of a tie between candidates for election to the board of education, or in the event a candidate shall fail to receive a majority of the votes cast in any election, and for other purposes. This the 10th day of December, 1954. Frank P. Lindsey, Jr., Arthur K. Bolton, Representatives-Elect, Spalding County, Georgia. Affidavit. Georgia, Spalding County. Personally appeared before me, the undersigned attesting officer, Arthur K. Bolton and F. P. Lindsey, Jr., affiants, who after being duly sworn depose and say on oath that they are the authors of the bill to which this affidavit is attached, and that the above and foregoing notice of intention to introduce local legislation was published in the Griffin Daily News, which said newspaper is the official organ of Spalding County, Georgia, on December 16, 1954, December 20, 1954, and December 28, 1954. /s/ Arthur K. Bolton Arthur K. Bolton, Affiant. /s/ F. P. Lindsey, Jr. F. P. Lindsey, Jr., Affiant. Sworn and subscribed to before me, this the 26th day of January, 1955. /s/ Wm. B. Gunter Notary Public, Hall County, Georgia. Approved March 4, 1955.

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TAX RECEIVER'S DEPUTIES AND ASSISTANTSSALARIES IN CERTAIN COUNTIES. No. 244 (House Bill No. 426). An Act to amend an Act of the General Assembly of Georgia, approved March 11, 1953, as contained in Georgia Laws January-February session, 1953, pages 3213, et sequitur, 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 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

Page 2780

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, by striking therefrom Section 8, relating to tax receiver's deputies and assistants, in its entirety, and inserting in lieu thereof a new section. Be it enacted by the General Assembly of the State of Georgia; and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act, that Section 8 of the Act referred to above, reading as follows: Section 8. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the tax receiver's deputies and assistant in all such counties will be as follows and their salaries shall be fixed by the tax receiver from time to time at an amount not to exceed the following: 1 Chief Clerk $302.50 per month; 1 Clerk $274.00 per month; 1 Clerk $267.19 per month; 1 Clerk $210.94 per month; All of whom shall be named from time to time by the tax receiver of such county and all and each of them shall serve at the will of the tax receiver and be discharged by such tax receiver, without any claim for any unearned salary or salaries, be, and it is hereby stricken in its entirety, and that a new Section 8, reading as follows:

Page 2781

Section 8. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the tax receiver's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the tax receiver from time to time, at an amount not to exceed the following, except as the same may be modified in accordance with the provisions of the following paragraph: Tax receiver's deputies and assistants. 1 Chief clerk $335.00 per month; 1 Clerk $309.00 per month; 1 Clerk $245.00 per month; 2 Clerks $235.00 per month; be, and it is hereby substituted and inserted in lieu of said original Section 8. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed, and provided that this Act shall be construed as fixing such salaries from January 1, 1954, and if any part of this Act should be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. Approved March 4, 1955. MORROW CHARTER AMENDED. No. 245 (House Bill No. 349). An Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton 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, etc., approved March 2, 1943 (Ga. Laws 1943, pp. 1453-1457), and amended

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by an Act approved February 23, 1945 (Ga. Laws 1945, pp. 730-731), so as to provide zoning regulations for said city; to empower the governing authorities of said city to make regulations regarding zoning and city planning, the erection and construction of buildings, the laying out of streets and park spaces, the control of traffic; to regulate and control housing conditions; to provide for the election and terms of offices of mayor and city council; and to provide for other matters of municipal regulations, concern and welfare; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted that the Mayor and Council of the City of Morrow shall have power and authority to prepare and adopt a comprehensive plan for zoning the city for the purpose of suggesting the proper location of streets, apartment houses, dwellings, the area of the lot, the provisions of yard space, and the fixing of building lines. Zoning powers. Section 2. That the Mayor and Council of the City of Morrow may, in the interest of the public health, safety, order and convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of buildings, or other structures, or for the area or dimensions of the lots or yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such zones or districts may be of such shape and area as the Mayor and Council of the City of Morrow shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations,

Page 2783

classifications may be based upon the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises, the number of persons, families, or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of the premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Scope. Section 3. For the reasons above stated, said Mayor and Council of the City of Morrow shall have the further right and power, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. Residential districts. Section 4. That the Mayor and Council of the City of Morrow, before adopting the zoning plan herein provided for, shall hold a public hearing thereon, notice of which shall be given in a newspaper of general circulation in said city, and a copy of such plan and proposed ordinance shall be on file in the office of the city clerk or such other office as may be designated in said notice for public examination. Hearing on proposed plan. Section 5. The Mayor and Council of the City of Morrow shall have power and authority to alter, amend, and change such zoning plan from time to time, as in their discretion may seem best, but notice of any such proposed change shall be given in the manner provided in the preceding section of this Act. Changes in plan. Section 6. The Mayor and Council of the City of Morrow may, in their discretion appoint a board to be known as a planning board to recommend to said mayor and council the boundaries of the various zones to be laid out and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings

Page 2784

and structures in said zones. The members of said board, the number of members constituting said board, and the duties of such members are to be determined by the Mayor and Council of said City of Morrow, as well as the term for which they shall serve and the compensation that they shall receive for such services, all of which may be changed from time to time in the discretion of the mayor and council. The acts of such board shall be advisory only. Planning board. Section 7. The zoning regulations shall be enforced in such manner as the Mayor and Council of the City of Morrow shall direct by the employees and officials of said city. Enforcement. Section 8. Appeals may be made to the Mayor and Council of the City of Morrow by any interested party for a change in said zoning plans or regulations, but the party making such appeal shall give notice thereof in the manner provided in section 4 of this Act. Appeals. Section 9. Every decision of the Mayor and Council of the City of Morrow as to zoning regulations shall be subject to writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Certiorari. Section 10. 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 11. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid: That an Act approved March 2, 1943, and an Act approved February 23, 1945, creating and establishing a municipal government for the City of Morrow in the County of Clayton be and the same is hereby amended as follows. Section 12. That Section 3 of an Act approved March 2, 1943 (Ga. Laws 1943, pp. 1453-1457) be amended by striking from said Act Section 3 in its entirety and substituting

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in lieu thereof the following language so that said section shall read as follows: The municipal government of the City of Morrow, Georgia, and its corporate powers shall be vested in and exercised by a mayor and councilmen consisting of three (3) councilmen from the city as now laid out or as may hereafter be constituted, including any new territory that may be hereafter added, and said mayor and council, as a body, shall be known as `City Council', and they shall hold office as hereafter provided. The mayor and council provided for in this Act shall be elected at the next annual election to be held on the 3rd day of December, 1955, and shall take office on January 1, 1956. The term of office of said mayor shall be for one year, or until his successor is elected and qualified. Three councilmen shall be elected. One for a one-year term to expire on the 31st day of December 1956, one for a two-year term to expire on December 31, 1957, and one for a three-year term to expire on December 31, 1958. The councilman elected at the election held on the first Saturday in December, 1956, shall serve for a full term of three years, and each councilman elected thereafter shall serve for a full term of three years. Each councilman at the time of his election must have been a resident of the city at least six months. The mayor and councilmen shall be elected by the entire vote of the city. In the event that the office of said mayor, or either of said councilmen shall become vacant by death, removal, resignation or otherwise, the city council shall by resolution order an election to fill said vacancy and shall give at least five (5) days' notice thereof in one or more of the papers published in said county, and the election so held shall be held in the same manner as ordinary municipal elections; provided, however, that if any of said offices shall become vacant at any time within three (3) months of the expiration of the term of office, said city council shall have the right and power to fill said office for the remainder of the term by selection made by the city council without submitting same to the voters of the city. Mayor and councilmen.

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Section 13. Be it further enacted that the corporate powers of said municipality shall be vested in the present mayor and council of said city until January 1, 1956. At said time the mayor and council elected at the election to be held on the first Saturday in December, 1955, shall take the oath of office described by the city charter of said city, and the corporate powers shall be vested and exercised by said mayor and council as herein provided. Section 14. Be it further enacted that said mayor and council shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings and kinds of businesses that are carried on in said city, and to fix the specific license tax on same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in same without first registering and paying the tax, and shall also have the power to enforce the collection of same by execution. Business licenses. Section 15. Be it further enacted that said mayor and council may close up and prohibit entirely any business, factory, establishment or place of business in the event that same becomes a nuisance or is dangerous or injurious to the health of the people of the city; or which in their opinion is a source of disease or disorder, or is injurious to the public safety, welfare, health and morals of the city or its inhabitants. Provided, however, that any person, firm or corporation so affected by any decision of the mayor and council with reference to the prohibition of any such business, factory or establishment, shall have a right to appeal such decision to the Superior Court of Clayton County. Nuisances. Section 16. Be it further enacted that said election herein provided for shall be held at some public place to be designated by the mayor and council in said city and shall be held between the hours of 1:00 P. M. and 6:00 P. M. on the first Saturday in December and shall be held by three (3) persons, residents of said city who are qualified voters. Said election shall otherwise be

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conducted as elections for the members of the General Assembly of Georgia. All persons who are qualified voters for members of the General Assembly of Georgia, and who are registered voters of the City of Morrow shall be qualified to vote in said election. Election of mayor and councilmen. The Mayor and Council of the City of Morrow shall open in the office of mayor and council a book for the registration of the voters of said city entitled to vote for the mayor and council. Said book of registration shall be open 30 days prior to the election of mayor and city council, and be kept open 20 days, and not less than one hour each day, Sunday excepted, when said book shall be finally closed. It shall be the duty of the mayor or other person designated to enter at the top of the page on which said registration is to begin the following oath: State of Georgia, County of Clayton, City of Morrow: I, the undersigned, do swear that I am 18 years old; that I am a citizen of the United States; that I have resided in this State twelve months last passed; in the City of Morrow for the last six months past. Registration of voters. Be it further enacted that all parties desiring to register shall subscribe their names under said affidavit and immediately after having signed same, shall hold up their hands and state that said affidavit is true, So help me God. Section 17. Be it further enacted that Section 7 of an Act approved March 2, 1943 (Ga. Laws 1943, pp. 1453-1457) be amended by adding the following language at the end of said section to read as follows: Provided, however, that said mayor and council shall have the authority to increase the maximum tax rate from 5 mills per annum to a rate not to exceed 15 mills. Provided any increase in said maximum tax rate shall be approved by the majority of the voters voting in any election held by the City of Morrow in which the question of increasing said maximum tax rate shall be presented to the voters. Tax rate.

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The question of raising the maximum tax rate shall be presented to the voters of said city at the annual election for mayor and council of said city or at any special election called by the mayor and council for the purpose of determining said question. Said special election to be held after ten (10) days' notice. Said notice to be published in a newspaper published in Clayton County ten (10) days before said election is to be held. Section 18. That said Section 9 of an Act approved March 2, 1943 (Ga. Laws 1943, pp. 1453-1457) be amended so that said section as amended will read as follows: The mayor shall hear and try all cases against persons charged with violation of the laws of said city, and upon conviction, may impose a fine not to exceed one hundred ($100.00) dollars, or in lieu thereof, imprisonment at labor on the streets or public works not to exceed sixty (60) days; either one or both in the discretion of the mayor. The mayor shall possess all power and authority of a justice of the peace when sitting as a court as to the offenders of the laws of the State; for power and authority to bind said offenders in sufficient bond for their appearance to the State court. If the mayor is absent or disqualified a mayor pro tem., elected by the council, shall act. Mayor's court. Section 19. Be it further enacted that said mayor and council shall have power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and repair, renew, and repave the streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the limits of said city, and to improve and light the same and keep them free from obstructions for the use of the public or of any of the citizens of said city; to regulate the width of sidewalks and other streets; to compel the owners and lessees of property to pave, repair, renew, and repave the streets, and put down, repair and renew curbing and sidewalks along the same under the direction of the proper officers or committee

Page 2789

of said city; and said city and the mayor and councilmen thereof are hereby expressly authorized and empowered to drain, grade, pave, macadamize, repair, renew, and repave and improve the public streets, alleys, and lanes and sidewalks of said city, and to put down, repair and renew curbing side drains, cross drains, crossings and other improvements thereon; and to charge, assess and collect the expense and cost thereof, etc. by execution to be issued and signed by the clerk of the council. Streets, sidewalks, etc. Section 19-A. Not less than fifteen 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 Mayor and Council of the City of Morrow to issue the call for an election for the purpose of submitting this Act to the voters of the City of Morrow for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of Morrow. The ballot shall have printed thereon the words: For approval of the Act amending the charter of the City of Morrow so as to provide for zoning regulations for city planning, for the erection and construction of buildings, for the laying out of parks and streets, the control of traffic and to regulate and control housing conditions; to provide for the election and terms of the mayor and council; and for other purposes. Against approval of the Act amending the charter of the City of Morrow so as to provide for zoning regulations for city planning, for the erection and construction of buildings, for the laying out of parks and streets, the control of traffic and to regulate and control housing conditions; to provide for the election and terms of the mayor and council; and for other purposes. Referendum. All persons desiring to vote in favour of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote

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for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election 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 Morrow. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State. Section 20. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this Act. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Clayton. Before me, the undersigned officer duly authorized to administer oaths, personally appeared W. Lloyd Matthews, who after being duly sworn, deposes, says and certifies that he is the publisher and managing editor of the Clayton County News and Farmer, a newspaper publisher 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 Clayton County News and Farmer, on the following dates, to wit: January 6th, 1955; January 13th, 1955, and January 20th, 1955. /s/ W. Lloyd Matthews.

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Sworn to and subscribed before me, this 22nd day of January, 1955. /s/ V. H. Stevens, Notary Public for Clayton County, Ga. Notary Public, Georgia, State at Large. My commission expires Feb. 1, 1957. (Seal). Notice of Intention to Apply for the Passage of a Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton, 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, etc.; approved, March 2, 1943, (Ga. Laws 1943, pp. 1453-1457, and amended by Acts approved Feb. 23, 1945) (Ga. Laws 1945, pp. 730-731,) so as to provide zoning regulations for said city; to empower the governing authorities of said city to make regulations regarding zoning and city planning, the erection and construction of buildings, the laying out of streets and park spaces, the control of traffic, to regulate and control housing conditions, to provide for the election and terms of offices of mayor and city council, and to provide for other matters of municipal regulations, concern and welfare, and for other purposes. January 5, 1955. Notice of Intention to Apply for the Passage of Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill:

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An Act to amend and An Act to create and incorporate the City of Morrow in the County of Clayton 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, etc., approved March 2, 1943 (Ga. Laws 1943, pp. 1453-1457), and amended by Act approved February 23, 1945 (Ga. Laws 1945, pp 730-731), so as to provide zoning regulations for said city; to empower the governing authorities of said city to make regulations regarding zoning and city planning, the erection and construction of buildings, the laying out of streets and park spaces, the control of traffic, to regulate and control housing conditions; to provide for the election and terms of offices of mayor and city council; and to provide for other matters of municipal regulations, concern and welfare, and for other purposes. Thisday of January, 1955. Approved March 4, 1955. WAYNE COUNTYCOMPENSATION OF CERTAIN OFFICERS. No. 246 (House Bill No. 301). An Act to repeal an Act entitled, An Act to establish the salary system of compensation for certain county officers and employees of Wayne County in lieu of fees and other compensation with certain exceptions; to provide that the sheriff and chief deputy sheriff of said county may have mileage expenses in addition to the salary for those officers; to provide that the county commissioners may raise the salaries herein provided, in their discretion; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 15, 1952, (Ga. Laws 1952, p. 2557), as amended by an Act approved February

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11, 1953, (Ga. Laws 1953, Jan.-Feb. sess., p. 2235) so as to provide that the Sheriff, Ordinary, Clerk of the Superior Court and the Tax Commissioner of Wayne County shall be compensated on a fee basis; to provide that each such officer shall compensate his assistants, deputies, or employees from the fees provided by law for the respective offices; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to establish the salary system of compensation for certain county officers and employees of Wayne County in lieu of fees and other compensation with certain exceptions; to provide that the sheriff and chief deputy sheriff of said county may have mileage expenses in addition to the salary for those officers; to provide that the county commissioners may raise the salaries herein provided, in their discretion; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 15, 1952 (Ga. Laws 1952, p. 2557), as amended by an Act approved February 11, 1953 (Ga. Laws 1953, Jan.-Feb. sess., p. 2235), is hereby repealed in its entirety. Section 2. The Sheriff, Ordinary, Clerk of the Superior Court and the Tax Commissioner of Wayne County shall receive as compensation the fees as now or hereafter provided by law for the respective offices. Each such officer shall compensate his assistants, deputies or employees from the fees provided by law for the respective offices. Such fees shall constitute the entire compensation for each such officer. Section 3. This Act shall become effective on the first day of the month following the approval of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. I, the undersigned editor, publisher, and owner of the Jesup Sentinel, Jesup, Georgia, do certify that the attached

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legal advertisement appeared in the regular issues of the Jesup Sentinel on January 6, 13, 20, and 27, 1955. /s/ M. B. Rhoden. Sworn to and subscribed before me, this 25 day of Jan., 1955. /s/ Hugh Jordan, Hugh Jordan, Notary Public, Wayne County, Ga. My commission expires Sept 4th, 1957. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1955 session of the General Assembly of Georgia a bill to place the Sheriff, Ordinary, Clerk of Superior Court, and Tax Commissioner of Wayne County on a fee basis; to prescribe the procedure connected thereby; and for other purposes. This the 4th day of January, 1955. Robert L. Harrison, Representative, Wayne County, Georgia. 6-13-20-27-w.c., c.c. Approved March 4, 1955. WINTERVILLE CHARTER. No. 247 (House Bill No. 435). An Act to grant a new charter to the City of Winter-ville, now incorporated as the Town of Winterville; to provide for the powers of said city; to prescribe the corporate limits; to provide for the assumption of obligations; to continue existing valid ordinances; to provide for a mayor and council; to provide for elections; to provide for qualifications for office; to provide

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for qualification of voters; to provide for registration of voters; to provide for the filling of vacancies; to provide for oath of office; to provide for duties of mayor and council; to provide for mayor pro tem.; to provide for employees of said city; to provide for sessions of mayor and council; to provide for compensation; to provide for policemen and firemen; to provide for a police court and procedure connected therewith; to prohibit intoxicants; to provide for cemeteries; to provide for taxation; to provide for revenue producing projects; to provide for eminent domain; to provide for building permits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Winterville in the County of Clarke is hereby incorporated under the name and style of the City of Winterville. Said City of Winterville, 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 belong 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 Winterville 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 Winterville 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

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make contracts with public or private electric light or power plants, telephone companies, 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. Corporate powers. Section 2. The corporate limits of the City of Winterville shall extend one (1) air-line mile, or 5,280 feet, in all directions, except as hereinafter provided, from the 32nd railroad mile post of the Athens branch of the Georgia Railroad near the depot of said city, except that any territory which, under the above limits and description, is located in any county other than Clarke County shall not be included within the city limits of Winterville and shall not be a part of the City of Winterville. Corporate limits. Section 3. The City of Winterville is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the Town of Winterville, as incorporated under an Act approved August 15, 1904 (Ga. Laws 1904, p. 724), as amended, is now obligated. Existing obligations. Section 4. All existing valid ordinances, rules, by-laws, regulations and resolutions of the Town of Winterville not inconsistent with this charter shall remain in full force and effect for the City of Winterville until altered, amended or repealed. Existing ordinances, etc. Section 5. The government, supervision, powers and control of the City of Winterville shall be vested in a mayor and four (4) councilmen. The present mayor and four councilmen of the Town of Winterville shall serve as Mayor and Councilmen of the City of Winterville for the remainder of the term for which they were elected. On the first Tuesday in September, 1956, and biennially thereafter on the same day and in the same month, an election shall be held in said city for a mayor and councilmen thereof, said election to be under such supervision,

Page 2797

rules and regulations as the council may prescribe. Mayor and councilmen. Section 6. Any person who is a resident of the territory described as the corporate limits of the city and who has been a resident thereof for the six months immediately preceding the date of the election, and who is twenty-one years of age and a qualified voter of said city, shall be eligible to be elected as mayor or councilman. Should the mayor or any councilman remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Qualifications. Section 7. The persons elected at the aforesaid election in 1956 shall take office January 1, 1957, and shall have a term of office of two years and until their successors are elected and qualified. All future persons elected shall take office on January first after their election in September and shall have a like term of office. Terms. Section 8. Any person who has been a bona fide resident of said city for the six months immediately preceding an election and who is qualified to vote for members of the General Assembly, and is properly registered, shall be allowed to vote at any election held in said city. Qualified voters. Section 9. The mayor and council shall provide suitable books or cards, or both, for the permanent registering of voters of said city. Every person registered shall take the following oath: I do hereby solemnly swear that I am eighteen years of age, that I will have been a resident of the City of Winterville for six months on or before the date of the next city election and am qualified to vote for members of the General Assembly. Registration of voters. The clerk or other person designated by the mayor and council shall be the registrar of the city. He is hereby given the authority to administer the above oath. No person registering shall be required to again register as a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified.

Page 2798

Whenever an election is to be held for said city, the registrar shall close the registration records fifteen days before such election. It shall be the duty of the registrar to make a list of qualified voters for each election. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Section 10. In the case of a vacancy in the office of mayor or any councilman by reason of death, removal, disability or from any cause other than the expiration of the term of office, such vacancy shall be filled by appointment by the mayor and remaining members of the council, or the remaining members of the council, as the case may be. The person so appointed shall serve for the remainder of the unexpired term. Mayor and councilmen; vacancies. Section 11. 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 Winterville; 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 12. The mayor shall be the chief executive officer of said city and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said city are enforced. He shall preside at all meetings of the council. He shall have veto power and may veto any ordinance, order or resolution of the city council and the same shall not become a law unless subsequently passed over his veto by a unanimous vote of the council. Mayor's powers and duties. Section 13. The mayor and council shall constitute the legislative department of said city, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations and orders as they deem proper, respecting any and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said town, and to the

Page 2799

peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order, and dignity of said government. Powers of mayor and council. Section 14. The members of the council shall elect one of their number as mayor pro tem. who shall serve in the absence of the mayor and shall be vested with all the power and authority of the mayor. Mayor pro tem. Section 15. The mayor and council of said city may elect a town clerk and treasurer, who shall hold office for such period of time and receive such compensation as may be provided by said mayor and council. Said mayor and council likewise may elect such other city employees as in their opinion should be employed. All such employees shall be elected for such term and upon such conditions as may be prescribed by said mayor and council, and shall receive such compensation as may be provided at the time of election. Officers and employees. Section 16. The Mayor and Council of the City of Winterville shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the city council in special sessions whenever he deems it proper, and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. Meetings of council. Section 17. The salary of the mayor and the compensation of each member of the council shall be set at a regular meeting prior to the holding of any regular election for such offices, and made public. Said salary and compensations shall not be increased during the term of office for which the mayor and council shall be elected. Compensation. Section 18. The mayor and council shall have authority to elect a chief of police and such other policemen as they deem desirable and necessary, and to fix the compensation therefor. Police.

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Section 19. The mayor and council shall likewise have the right to establish a fire department, with such officers and employees and at such salary as the mayor and council may determine. Fire department. Section 20. There shall be a police court established by said city, which shall have jurisdiction to try offenses against the laws and ordinances of municipal government, and shall be presided over by the mayor of said city, or the mayor pro tem. in the absence or disqualification of the mayor. Police court. Section 21. The mayor, as the presiding officer of said police court, shall have the power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed two hundred dollars ($200.00), or to imprison offenders for a period of not more than thirty days, or to labor on the public works or the streets of said city for a period of not more than ninety (90) days. He shall have the power to punish for contempt by a fine not to exceed fifty dollars ($50.00), or imprisonment not to exceed thirty (30) days. He shall have the power of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Clarke County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Its jurisdiction. Section 22. The chief of police or some other member of the police force, to be designated by him, shall attend the session of said court, and act as clerk thereof. He shall sign and execute all processes, summons, subpoenas, and other processes from said court. Section 23. There shall be an appeal from the judgments or decisions of the police court of said city by writ of certiorari to the Superior Court of Clarke County, Georgia, and such writ of certiorari shall be obtained in

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the manner now provided by the general laws of the State of Georgia. Certiorari. Section 24. The mayor shall have full authority and power to pardon or suspend or commute the sentence of any person convicted of a violation of any ordinances of said city. Sentences. Section 25. The mayor and council shall be forever prohibited from granting license in any form to anyone to sell spirituous, vinous, malt, or other intoxicating liquors within said City of Winterville, and the said mayor and council shall have right and authority to pass an ordinance prohibiting anyone from keeping any kind of intoxicants for the purpose of illegal sale within the corporate limits of said city. Intoxicating liquors. Section 26. The said mayor and council shall have the exclusive right and authority to regulate and control any and all property heretofore or hereafter given and dedicated within the limits of said city to the public, to be used as a cemetery or place of public burial in said city. Said mayor and council shall have the right to prescribe and enforce all proper and necessary rules for the sale of lots in said cemetery, execute titles in the name of the city to purchasers of lots, and to have all other necessary authority and power for the regulation and control of such cemetery. Cemetery. Section 27. The mayor and council of said city shall have the power therein to lay off, close, open and keep in good order and repair roads, streets and sidewalks, for the use of the public, and to provide how said paving, maintenance or care shall be paid, whether by said town or by the adjacent landowners, or by both; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said town; to preserve the peace and good order

Page 2802

therein, and to punish all offenders for any and all kinds of disorderly conduct and breach of the peace in said town; to provide for the annual assessment of taxable property therein, which in no event shall be greater than two dollars ($2.00) on the hundred (100) worth of taxable property, provided that the mayor and council shall have the right to increase the ad valorem tax not to exceed five dollars ($5.00) on the hundred (100) for the purpose of providing a sinking fund for paying the principal and interest of any bonds that may issue hereafter by said city authorities in accordance with the laws of this State and this charter, this method to be used ancillary to or in lieu of a sinking fund for retirement of bonded indebtedness created from collection and anticipation of revenue from revenue-producing projects and systems, if said mayor and council so desire; to adopt rules for the regulations and government of its own body. The mayor and council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers, and all others conferred upon said town. General powers. Section 28. Said city, by and through its mayor and council, shall have full power and authority to acquire, construct, reconstruct, improve, and extend revenue-producing projects and systems, including condemnation of lands or premises necessary for same, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable 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 29. The City of Winterville shall have the power of eminent domain to condemn public or private property for the use of said city, either within or without

Page 2803

the corporate limits thereof, except property of any existing public utility. Eminent domain. Section 30. Said mayor and council shall likewise have the power to prescribe by ordinance, rules and regulations for the erection or improvement of any building of any kind within the limits of said city, with authority to require building permit before same can be erected, and likewise full and complete authority to control and regulate the installation of all plumbing, for the protection of the property, the health and comfort of the inhabitants of said city. Buildings. Section 31. This Act shall have effect immediately upon approval of the same, but no tax shall be levied by said city upon any property not within the old limits of said municipality, as defined by previous charter, but included within the new limits as defined in this Act, for any year prior to the year of 1955. In all other respects the charter and ordinances of the City of Winterville as presently constituted shall be operative within the new limits defined in this Act immediately upon approval hereof. Section 32. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a unanimous resolution passed by the Mayor and Council of the Town of Winterville, intend to apply to the General Assembly of Georgia at the January, 1955, session thereof for a new charter for the City of Winterville, giving to said city the general powers, rights and duties ordinarily granted to municipal corporations in Georgia. This 7th day of January, 1955. Chappelle Matthews, Robert G. Stephens, Jr., Representatives from Clarke County.

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J 7-14-21. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chappelle Matthews and Robert G. Stephens, Jr., who, on oath, depose and say that they are Representatives from Clarke County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald, which is the official organ of Clarke County, on the following dates: January 7, January 14, and January 21, 1955. /s/ Chappelle Matthews, /s/ Robert G. Stephens, Jr., Representatives, Clarke County. Sworn to and subscribed before me, this 3rd day of February, 1955. /s/ Jean Kenny, Notary Public, Notary Public, Fulton County, Georgia. My commission expires Jan. 26, 1957. Notarial Seal Affixed. Approved March 4, 1955. COMPENSATION TO J. C. [Illegible Text] FOR DAMAGE TO AUTOMOBILE. No. 54 (House Resolution No. 111-369e). A Resolution. To compensate J. C. Nolan for damages to his automobile. Whereas, on November 30, 1954 a 1949 Ford automobile, motor number 98BA341741 was demolished when struck by a State Highway Department pickup

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truck operated by Loren Perkins, an employee of the State Highway Department and acting within the scope of his employment; and Whereas, the collision occurred in the City of Ashburn, Turner County, when the said Loren Perkins failed to stop at a stop light; and Whereas, Loren Perkins admits that his failure to observe the traffic signal was the direct cause of the collision; and Whereas, the said automobile was damaged to the extent of $482.83, as per repair estimates: Now, therefore be it resolved by the General Assembly of Georgia: that the State Highway Department is hereby authorized and directed to pay to J. C. Nolan of Ashburn, Turner County, the sum of $482.83 as compensation as set out above. Said sum shall be paid from funds appropriated to or available to the State Highway Department. Approved March 4, 1955. LAW BOOKS TO EARLY COUNTY No. 48 (House Resolution No. 127-[Illegible Text]). A Resolution. Authorizing and directing the State Librarian to furnish certain books to the Clerk of the Superior Court of Early County; and for other purposes. Whereas, there is missing from the office of the Clerk of the Superior Court of Early County all volumes of the Georgia Reports and the Georgia Appeals Reports; and

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Whereas, such books are necessary for the business of such court to be transacted: Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Early County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Appeals Reports. Be it further resolved, that if for any reason the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required to purchase said books. Approved March 4, 1955. DEKALB COUNTYADVISORY REFERENDUM ELECTION. No. 248 (House Bill No. 158). An Act to provide for an advisory referendum election to be held in DeKalb County, Georgia, for the purpose of ascertaining the form of government desired by the people of such county; to provide the time, manner of holding, means of financing, and qualification of voters in such referendum election; to provide what questions shall be submitted to the voters in such referendum election; to provide for the use of voting machines, tabulation and filing of results of such referendum election; and for other purposes. Whereas, all government rightfully exists by consent of the governed, and Whereas, numerous citizens of DeKalb County have expressed a desire to have the right of voting on the form of county government in such county, and

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Whereas, it is recognized that the form of county government ought to be that desired by a majority of the people: Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That an advisory referendum election be held in DeKalb County, Georgia, on the 18th day of May, 1955, for the purpose of determining the wishes of the people of such county as to the form of county government therein. Referendum. Section 2. Notice of such referendum shall be given by the Ordinary of DeKalb county not less than twenty and not more than thirty days before holding such referendum election by advertisement of the same in the newspaper in such county in which the sheriff's advertisements are published and in such other newspapers of general circulation in the county which the ordinary may deem proper. Notice. Section 3. The Ordinary of DeKalb County shall cause ballots to be prepared for use in such referendum election in the following form: Georgia, DeKalb County: Advisory Referendum Election. Answer each question submitted in the brackets provided: Form of ballots. 1. Do you favor: () A single Commissioner form of government for DeKalb County? or () A multiple Commission form of government for DeKlab County?

Page 2808

2. If a multiple Commission form of government is adopted, do you favor: () An elected county executive who shall serve as Chairman of an elected Board of Commissioners of DeKalb county? or () A county manager executive who shall be appointed by an elected Board of Commissioners of DeKalb county? Section 4. Such referendum election shall be held under the supervision of the Ordinary of DeKalb County in the same manner that special elections are held in the State of Georgia. Section 5. The Ordinary of DeKalb County is authorized to provide for the use of voting machines in such precincts [Illegible Text] DeKalb County as she deems the use of such machines to be practicable and to provide for the use of printed ballots in such precints of DeKalb County as she deems the use of voting machines not to be practicable. Machines or ballots. Section 6. All persons who were legally qualified to vote for members of the General Assembly in the general election of 1954 shall be qualified to vote in such referendum election, and in addition thereto all persons shall be qualified to vote in such referendum election who shall otherwise be eligible to vote in special election. Qualified voters. Section 7. The costs of holding such referendum election shall be paid by DeKalb County, and there is hereby appropriated out of the DeKalb County funds, derived from sources other than taxes, the sum necessary for the purpose of carrying out the terms of this Act which are declared to be a necessary function of county government. Costs. Section 8. It is hereby found, determined and declared

Page 2809

that the holding of such referendum election, and the carrying out of the purposes of this Act, is in all respects for the benefit of the people of DeKalb County and is a public purpose and that the holding of such referendum election will be an essential government function. Section 9. When the results of such referendum election shall have been tabulated by the Ordinary of DeKalb county, such ordinary shall file the returns thereof with the Clerk of the Superior Court of DeKalb county and the Clerk of the Superior Court shall file a copy of such final returns with each of the three members of the DeKalb delegation in the General Assembly and with the Senator from the 34th District of Georgia. The clerk shall perform such duties within thirty days after the holding of such referendum election. Results. Section 10. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks, during a period of sixty days immediately preceding its introduction in the General Assembly, attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Jan. 10, 1955 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

Page 2810

which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 9, 16, and 23rd, 1954. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 11 day of January, 1955. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (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 January, 1955, for the passage of local legislation, the title of such bill to be as follows: An Act to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County, Georgia, for the purpose of ascertaining the form of government desired by the people of such county; to provide the time, manner of holding, means of financing, and qualification of voters in such referendum election; to provide what questions shall be submitted to the voters in such referendum election; to provide for the use of voting machines, tabulation, and filing of results of such referendum election; and for other purposes. W. Hugh McWhorter, Jas. A. Mackay, Guy W. Rutland, Jr. 12-9-3t. Approved March 7, 1955.

Page 2811

CANTONZONING. No. 249 (House Bill No. 571). An Act to amend an Act establishing a new charter for the City of Canton, approved July 26, 1922, (Ga. Laws 1922, p. 604), as amended, particularly by an Act approved March 10, 1941 (Ga. Laws 1941, p. 1261), so as to provide for appeals by persons aggrieved by a zoning decision of the mayor and council to the Superior Court of Cherokee County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Canton, approved July 26, 1922 (Ga. Laws 1922, p. 604), as amended, particularly by an Act approved March 10, 1941 (Ga. Laws 1941, p. 1261), is hereby amended by adding a new Section 7A to the aforesaid amendatory Act of 1941, to read: Section 7A. The original applicant, or any person or persons, severally or jointly, who owns lands abutting the parcel or tract of land zoned or re-zoned, who may be aggrieved by the decision of the mayor and council, or with any official charged with the enforcement of any order, requirement or decision of said mayor and council, or council only, may take an appeal to the superior court within 30 days, and shall be entitled to a jury trial at the next term thereof as in other cases, which shall be a de novo proceeding. Said appeal shall be filed with the city clerk and by him transferred along with all the papers in said matter to the clerk of the superior court of said county within 10 days. Any party at interest who is aggrieved by the judgment rendered by the superior court upon such appeal may have the same reviewed by direct bill of exceptions as in other cases provided by law. Appeals. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2812

Notice of Local Legislation. Notice is hereby given that I will introduce a bill at the present session of the General Assembly of the State of Georgia amending the Zoning and Planning Act of the City of Canton passed at the 1941 session of the General Assembly and approved March 10th, 1941. This amendment will provide for an appeal by the applicant for zoning or re-zoning from the decision of the mayor and council to a jury in the superior court. This the 21st of January, 1955. Grady N. Coker, Representative, Cherokee County, Ga. Georgia, Cherokee County. The undersigned hereby certified that he is one of the publishers of the North Georgia Tribune the newspaper in Cherokee County in which the sheriff's advertisements in said county are published and that the foregoing notice providing for amendment of the Zoning and Planning Act of the City of Canton was published in said paper once a week for three weeks, to wit: January 27, February 3, and February 10. This 10th day of February, 1955. /s/ Ralph D. Owen, Co-Editor Co-Publisher, North Georgia Tribune. Witness: /s/ C. B. Holcomb, Clerk Superior Court. Approved March 7, 1955.

Page 2813

HENRY COUNTY BOARD OF EDUCATIONFINANCIAL STATEMENTS AND REPORTS. No. 250 (House Bill No. 510). An Act to require the Board of Education and the School Superintendent of Henry County to publish a monthly financial statement of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education; to provide for payment of such publication; to prescribe the procedure connected with the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education and the School Superintendent of Henry County on or before the fifteenth day of each month shall publish a monthly financial statement of their receipts and disbursements in the official organ of Henry County. They shall also publish within one month of the receipt thereof the annual itemized report of the examination of the Henry County Board of Education by the State Department of Audits. The first monthly financial statement shall be published in the month of April, which shall cover the month of March. The first annual report which shall be published shall be for the period ending June 30, 1954, regardless of when such report is received. The cost of such publication shall be paid by the fiscal authority from the funds of Henry County and shall not be paid from the funds of the Henry County Board of Education or the Henry County School Superintendent. Statements and reports. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Henry County. Personally appeared before the undersigned authority Frank Linch, who, being sworn, on oath says:

Page 2814

That he is editor and publisher of the Henry County Weekly Advertiser, official organ of Henry County in the City of McDonough, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill to provide that the Board of Education and the County School Superintendent of Henry County shall publish a monthly financial statement of receipts and disbursements and the annual itemized report of examination of the Henry County Board of Education made by the Department of Audits of the State of Georgia; to provide an effective date; to provide for the payment of such publication; and for other purposes. This 18th day of January, 1955. Edward E. McGarity, Representative, Henry County. Affiant says that the above and foregoing notice was published in said newspaper in the issues of January 20, 1955, January 27, 1955 and February 3, 1955. /s/ Frank J. Linch. Sworn to and subscribed before me, this 8th day of February, 1955. /s/ Ernest M. Smith, Notary Public. Approved March 7, 1955. MACONBOARD OF TAX APPEALS. No. 251 (House Bill No. 564). An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of

Page 2815

Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts: to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon 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 94 of said Act of 1927 as amended so as to provide for the election of the board of tax appeals for successive terms of four years, beginning January 1, 1956; 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 3, 1927, entitled: An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending 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 and particularly as amended, re-enacted, and changed by an Act of the General Assembly

Page 2816

approved March 28, 1935, be, and the same is hereby further amended by striking from Section 94 of said Act of 1927 as amended, the following words, figures, signs and symbols, as they appear in the second and third paragraphs on page 1111 of the re-enactment of said section as it appears in the published Acts of the General Assembly for 1935: The said board shall be constituted and organized within twenty days from the passage and approval of this Act, and the first incumbents of said board shall be appointed by the Mayor of the City of Macon, with the advice and consent of the council, to serve until January 1, 1936, and until their successors are elected and qualified as hereinafter prescribed. The successors in office of the first appointees shall be elected at the same election during the year 1935 at which the mayor and council are elected, and shall hold office for a period of two years beginning January 1, 1936, and until their successors are in turn elected and qualified at the election for mayor and council to be held during the year 1937, and at each election held for mayor and council biennially thereafter and inserting in lieu thereof the following paragraph: The successors in office of the incumbent members of the board of tax appeals shall be elected at the same election during the year 1955 at which the mayor and council are elected and shall hold office for a period of four years beginning January 1, 1956, and until their successors are in turn elected and qualified at each election for mayor and council held quadrennially thereafter; and by striking the word biennially where it appears in the last line of the fourth paragraph on page 1111 of the re-enactment of said section as it appears in the published Acts of the General Assembly for 1935, and inserting in lieu thereof the word quadrennially, so that said section as amended shall read as follows: Section 94. Assessment of unreturned property; raising assessment, notice, hearing . When any property in the City of Macon has not been returned for taxation by the tenth day of February as required by law, it shall be the duty of the board of tax-assessors to assess said

Page 2817

property for taxation at its fair market value, adding, as a penalty for failure to make return, ten percent of the market value of said property. When any property in the City of Macon has been returned for taxation at a value which, in the opinion of the said board of tax-assessors, is less than its fair market value, it shall be the duty of said board to ascertain the fair market value of said property and to assess it for taxation at said market value. When any assessment is made as herein provided, it shall be the duty of said board, within ten days after the making of said assessment, to give to the owner of such property notice in writing of said assessment. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment, and of the time and place of the hearing. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatsoever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. The notice in any case shall be considered as given on the day it is mailed. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, then the assessment as made shall be final. Board of Tax Appeals . Any taxpayer who may, after a hearing by the board, be dissatisfied with the action of said board on any such hearing shall have the right to appeal to the Board of Tax Appeals for the City of Macon, which board is hereby created to consist of three members who shall be the residents of the City of Macon, and shall be owners of real property situated therein. The successors in office of the incumbent members of the board of tax appeals shall be elected at the same election during the year 1955 at which the mayor and council are elected and shall hold office for a period of four years beginning January 1, 1956, and until their successors are in turn elected and qualified at each election for mayor and council held quadrennially thereafter.

Page 2818

In the event of the resignation, death, disqualification, or refusal to act of any member or members of said tax appeal board, the vacancy shall be filled by mayor and council by appointment, the appointee to possess the necessary qualifications above set forth, and to serve until his successor shall be elected and qualified at the election for mayor and council held quadrennially thereafter. The compensation to each of the present members of said board shall be $200.00 per annum, which shall not be changed during their present terms. Thereafter the compensation of the members shall be fixed from time to time by the governing authority of the city, but when so fixed shall not be changed during the term of the members to be affected. Appeals to Board of Tax Appeals . The City of Macon, or any taxpayer, may appeal from any return or assessment to said board of tax appeals by filing, under oath, a writing which separately lists each piece of property involved, together with the valuation at which returned by the taxpayer and the valuation at which assessed by the board of tax assessors for the particular year in question. If said taxpayer is represented by an agent or attorney in fact a written power of attorney or of agency shall accompany the appeal, in the event such appeal is verified by such agent or attorney in fact. Said appeal must be filed with said board of tax appeals within twenty days from the decision of the board of tax assessors complained of. Said board of tax appeals shall have full and complete power and authority to hear and determine such appeals, and to finally assess the value of the property in question for tax purposes. They shall have power to require the attendance of witnesses and the production of books and papers; and the Mayor and Council of the City of Macon shall be authorized by proper ordinance to punish in the Recorder's Court of the City of Macon any person refusing to so attend and testify or to produce books or papers, when required by the said board of tax appeals. The said board of tax appeals shall have the power to make reasonable rules and regulations concerning the time of hearing such appeals

Page 2819

and the method of procedure before them. The mayor and board of aldermen of said city shall prescribe the time when said board shall convene and the time when the appeals to said board from tax assessments and returns shall be finally determined. If any re-assessments of property are made by the board of tax assessors, the taxpayer and the City of Macon shall have the right to appeal to the board of tax appeals to review such reassessments, and the action of the board of tax appeals on such appeals shall be final. Such appeals are in lieu of any other appeal. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that attached notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit, 29th of January and the 5th and 12th of February, 1955 during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 12 day of February, 1955. /s/ Janette Hirsch, Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed.

Page 2820

State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates, January 29, 1955, February 5, 1955, February 12, 1955. /s/ Florence J. Scott. Sworn to and subscribed to before me, this 12th day of February, 1955. /s/ Anna J. Harris. Notary Public, Bibb County, Georgia. (Seal). Georgia, Bibb County. To Whom It May Concern: Notice is hereby given of intention to apply for local legislation at the January, 1955, meeting of the General Assembly of Georgia now convening, amending an Act approved August 3, 1927 entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914 together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon 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 Acts 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 Act or Acts,

Page 2821

by amending certain provisions of said Act of 1927 as amended relating to the Board of Tax Appeals. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. This 28th day of January, 1955. C. Cloud Morgan, City Attorney. Approved March 7, 1955. PIEDMONT JUDICIAL CIRCUITSOLICITOR-GENERAL'S COMPENSATION. No. 252 (Senate Bill No. 47). An Act to place the Solicitor-General in the Piedmont Judicial Circuit on a salary basis in lieu of the fee basis; to prescribe the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Solicitor-General of the Piedmont Judicial Circuit is hereby placed on a salary basis in lieu of the fee basis, and shall be compensated in the amount of $6,000 per annum to be paid in equal monthly installments as hereinafter provided. Said sum shall be in addition to all compensation and allowances now or hereafter paid to solicitors-general from State funds. Such compensation of $6,000 shall be paid by the four counties comprising the Piedmont Judicial Circuit in the following amounts: Gwinnett County $2,500 Jackson County 1,500 Barrow County 1,500 Banks County 500 All fees, costs, commissions, fines, forfeitures, and any other prerequisites now or hereafter allowed by law to the solicitor-general shall be paid into the funds of the county in which they accrue so that the compensation of $6,000, as provided herein shall be in lieu of all such fees, costs, commissions, fines, forfeitures, and any other prerequisites, and such compensation shall be the only compensation allowed to said solicitor-general from county funds. Section 2. This Act shall become effective on May 1, 1955. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955. PENSIONS FOR EMPLOYEES OF CERTAIN CITIES. No. 253 (Senate Bill No. 87). An Act to amend an Act approved August 20, 1927, (Ga. Laws 1927, pp. 265 et seq.) providing that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, and for other purposes, so as to compel participation in said Act as amended; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), to provide that cities having a

Page 2823

population of more than 150,000 as disclosed by the United States census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is further amended as follows: Section 1. All officers and employees, eligible for participation in this Act, who shall be elected or appointed after the effective date of this amendment, except officers elected by the people, shall be compelled to come under the provisions of this Act as amended at the end of their first three months service, and shall contribute to the pension fund as provided by this Act as amended. The following classes of employees shall not be eligible for participation: Compulsory participation. (1) Members of fire departments; (2) Members of police departments; (3) Employees whose base compensation is less than $75.00 per month, and (4) Casual employees whose work or employment is irregular and who receive a daily or hourly wage for such occasional work. Section 2. All officers and employees of any traffic court, which may be organized pursuant to law in any such city, shall be eligible for pension, disability and other benefits under this Act, as amended, to the same extent and under the same conditions as officers and employees of any such city. Officers and employees of traffic court. Section 3. That the provisions of Section 11 of the amendment to said Act approved March 27, 1941 (Ga. Laws 1941, pp. 468, 472), be amended by adding at the end thereof the following: The amount withdrawn bu such employee may be divided into twelve (12) or less equal installments and paid monthly after the reemployment. Such payments may be deducted from the salary paid to such person so re-employed. so that said section, when amended, shall read as follows:

Page 2824

Section 11: Be it further enacted that in the event that any employee coming within the provisions of this Act shall sever his connection with the city and withdraw the amount of money he has paid into the pension fund, and subsequently is reemployed by the city and desires to reenter said pension fund and receive credit for former years of service, he may do so and receive credit for such prior years of service by paying back into the pension fund the full amount so withdraw on leaving the employment of the city, with four (4) percentum interest from the date of such withdrawal. In order to entitle any employee to the benefit of this section he shall, within sixty (60) days of his reemployment signify his desire in writing upon such forms as may be furnished by the board of trustees his desire to do so. The amount withdrawn by such employee may be divided into twelve (12) or less equal installments and paid monthly after the reemployment. Such payments may be deducted from the salary paid to such person so reemployed. Reemployment with city. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 7, 1955. CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 254 (Senate Bill No. 111). An Act to amend the Act approved February 15, 1952, (Ga. Laws 1952, pp. 2825 et seq.) entitled An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers

Page 2825

and duties; to provide for the expenses of said boards to be paid by the county and the city; to provide that this Act shall not extend to property which under the general laws of the State must be returned to the State Revenue Commissioner; to require the county to furnish necessary office space; to repeal conflicting laws, and for other purposes, so as to provide for the appointment of officers and employees and their compensation, 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 to create a joint 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, more fully described in the caption hereof, (Ga. Laws 1952, pp. 2825 et seq.), be and the same is hereby amended as follows: Act of 1952 amended. Section 1. That Section 8 of said Act, relating to employees, be amended to read as follows: Section 8. The employees required for the efficient operation of the office shall be supplied by the city and shall be selected and appointed by the joint board from eligible lists supplied by the personnel director of the city. Persons now employed in the office of the joint board shall continue their employment. All the employees of the joint board shall be subject to civil service rules and regulations of the city and shall be entitled to all the rights, privileges and benefits provided for employees of the city. Employees of board. Section 2. That Section 9 of said Act, relating to compensation of members of the joint board and employees thereof, be amended to read as follows: Section 9. The members of the joint board of tax assessors shall be paid as compensation for their services

Page 2826

the sum of $9,450.00 per annum, which sum shall be divided into monthly or semi-monthly payments as the governing authority may provide. The compensation of the city members shall be paid by the city and the compensation for the county members shall be paid by the county. Payments shall be made upon vouchers submitted to the fiscal authorities of the county or city by the respective members of the board. The compensation of all employees of the joint board shall be paid by the city. It shall be the duty of the county to reimburse the city 3/7th of the compensation paid to all employees of the joint board, said sums to be paid semi-monthly upon statements submitted to the county by the city. Persons now employed by the joint board who are members of the county pension system shall continue their membership in such pension system and it shall be the duty of the city to withhold from salaries required funds and to transmit the same to the county pension board. Future employees shall all be members of the city pension system and shall have all the obligations and rights prescribed by the law relating thereto. Compensation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 7, 1955. COLLEGE PARK LIMITS EXTENDED. No. 255 (Senate Bill No. 92). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen,

Page 2827

prescribe their powers and duties, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled, An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, (Ga. Laws 1895), and all amendments thereto, be and the same are hereby amended as follows: Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the following parcel of territory, to wit: Territory added. Parcel One: All that tract or parcel of land lying and being in Land Lots 193 and 194, of the 14th District and L. Lots 4, 28, and 29 of the 13th District of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point on the S.E. side of Washington Road where the same is intersected by the present city limit line of the City of College Park, Georgia, said point being also on the E. line of L. L. 194, 14th Dist., Fulton County, Georgia; thence S.W. along the S.E. side of Washington Road to the E. line of Brooks (or Milner) Street; thence S. along the E. line of said Brooks (or Milner) Street to the S. line of said L. L. 194; thence W. along the S. line of said L. L. 194; thence W. along the S. line of said L. L. to the N.W. corner of L. L. 193, 14th Dist. said county; thence S. along the W. line of said L. L. to the S.W. corner thereof; thence E. along the S. line of said L. L. to the N.W. corner of L. L. 4,

Page 2828

13th District said county; thence S. along the W. line of said L. L. 4, and the W. line of L. L. 29, said dist. and county to a point on the W. line of said L. L. 29 lying on a direct line W. of the N. line of Brown Road if the N. line of Brown Road was extended in a straight line in a W. direction; thence E. along said extension of the N. side of Brown Road and along the N. line of Brown Road itself to the rear of certain lots facing on Draper Drive; thence N. along the rear line of said lots to the N. line of L. L. 28, said district and county, which line is the present city limit line of the City of College Park, Georgia; thence westerly and northerly along the present city limit line of said city to the beginning point. Section 2. The jurisdiction of the Mayor and Council of the City of College Park the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in Section 1 of this Act, and the power and authority of said municipality under its present charter and ordinance and all laws appertaining to said municipality are hereby extended over and made effective in every part of the territory covered and included within the limits of said municipality as extended by Section 1 of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made co-extensive with the limits as extended by Section 1 of this Act. The power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due, as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of Section 1 of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by Mayor and Council of the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Provided neither the extension of the city limits of

Page 2829

the City of College Park, nor the annexation thereto of the territory described herein shall confer upon said city any interest or title in or authority over the property of the 4-H Club Camp commonly known as Chapman Springs as described in deed recorded May 27, 1937 in Deed Book 1655, page 142, Fulton County Records, or in any water line or line of sewerage to or from said Chapman Springs property which was constructed or installed by Fulton County or any other party for the use of Chapman Springs 4-H Club Camp property. Neither the City of College Park nor other parties, except Fulton County, shall connect to or use any such water line, sewer line or other facility without the consent of the Agriculture Agent of Fulton County or other authority in charge of Chapman Springs who are prohibited hereby from granting such connection or use except for a fair and adequate consideration based upon proration and/or amortization of the investments involved. All sums received from any source for the use of such water and sewer lines and other facilities shall be reserved for the maintenance and improvement of Chapman Springs and its facilities for use as a 4-H Club Camp and other community and youth activities. Chapman Springs. Section 3. The Mayor and Council of said City of College Park are hereby authorized and empowered in their discretion to include all or any part of said annexed territory in one or more of the wards of said city as at present constituted, or as the wards may hereafter be constituted, and to pass such ordinances as may be advisable in readjusting said territory to and with the rest of said city. Wards. Section 4. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, and that there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia respectively, are published

Page 2830

to the effect that said notices have been published as provided by law. 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. Affidavit of publication attached to enrolled copy. Approved March 7, 1955. BALDWIN COUNTY COMMISSIONERSAMENDMENTS. No. 256 (Senate Bill No. 36). An Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for Baldwin County approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, so as to increase the number of commissioners; to provide for the method of electing commissioners; to provide for terms of commissioners; to provide for special election to fill vacancies created by this Act; to provide a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of County Commissioners of Roads and Revenue for Baldwin County approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, particularly by an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. sess., p. 2289), is hereby amended by striking Section 1 in its entirety and in lieu thereof inserting the following: Section 1. The Board of County Commissioners of Roads and Revenues of Baldwin County shall consist of five members. Each commissioner shall be a resident of Baldwin County and shall be elected by a plurality of

Page 2831

the votes cast within the county. The board shall elect its own chairman and such election shall take place at the first meeting in January in each year. In the event a vacancy occurs on the board and the member causing the vacancy was chairman, the members of the board shall elect a new chairman at the first regular meeting after the vacancy has been filled and such new chairman shall serve until the following first meeting in January or until his successor in office has qualified. The present members of said board or a successor to the unexpired term of either present member shall serve until the expiration of their terms of office which expire December 31, 1956, and December 31, 1958. Successors to members shall be elected at the general election in the year in which their terms expire and shall take office on January 1 of the year following the date of their election. All such terms of office of 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. Members. Vacancies. Terms. Section 2. Within sixty (60) days after the approval of this Act, at the referendum election provided herein, the Ordinary of Baldwin County shall call a special election, to be held within thirty (30) days after the call, to fill the vacancies created on the board by this Act for commissioners to serve until December 31, 1956. Successors to the commissioners elected at said special election shall be elected at the general election in 1956 for a term of four (4) years. The expenses for said special election shall be paid by Baldwin County. Election. Section 3. Not less than fifteen 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 Baldwin County to issue the call for an election for the purpose of submitting this Act to the voters of Baldwin County for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for

Page 2832

two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have printed thereon the words: For approval of the Act to increase the number of Commissioners of Baldwin County, to provide for the terms of the commissioners, and to provide for a special election to fill the vacancies created by this Act. Against approval of the Act to increase the number of Commissioners of Baldwin County, to provide for the terms of the commissioners, and to provide for a special election to fill the vacancies created by this Act. Referendum All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 such election 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 Baldwin County. It shall be the duty of the ordinary to hold and conduct such election. 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 4. That all laws and parts of law in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1955.

Page 2833

CITY COURT OF GWINNETT COUNTYAMENDMENTS. No. 257 (House Bill No. 489). An Act to amend an Act (Ga. Laws, 1937, pp. 1184-1191) approved March 24, 1937, entitled an Act to establish the City Court of Gwinnett County, to define its jurisdiction and powers; to provide for the selection of the judge, solicitor and other officers; to define the powers and duties of the judge, solicitor and other officers thereof; and to fix their compensation; to provide for pleadings and practice and new trials therein and writs of error therefrom; to fix the terms thereof; to provide for jurors therefor; to provide for sentences, fines, forfeitures, executions, and judgments therein, and as amended (Ga. Laws 1951, pp. 2839), approved February 21, 1951, by providing that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946, 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 Gwinnett County on and subsequent to March 1st, 1955; to fix the salary of the judge of said court at thirty-six hundred ($3,600.00) dollars per annum; to fix the salary of the solicitor of said court at three thousand ($3,000.00) dollars per annum; 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 Gwinnett County (Ga. L. 1937, pp. 1184-1191), as amended, be and the same is hereby amended as follows:

Page 2834

Section 1. All provisions of the Act creating the City Court of Gwinnett County (Ga. Laws 1937, pp. 1184-1191) and all Acts amendatory thereof pertaining to matters of service, pleading and practice in cases in the City Court of Gwinnett 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 which have been, and which may hereafter be, so adopted, 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 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 Gwinnett County except those proceedings specifically excepted in Section 81-1506 of the Code of Georgia as amended (Georgia Laws 1946, pp. 761, 779, Section 24). Practice and procedure. Section 3. This Act shall be applicable to all proceedings instituted in the City Court of Gwinnett on or subsequent to March 1, 1955. Section 4. Be it further enacted by the authority aforesaid that Section 14 of said Act creating the City Court of Gwinnett County, as amended (Ga. Laws 1951, pp. 2839, 2840) be amended by striking the following language from said paragraph twenty-one hundred dollars (2,100.00) and substituting in lieu thereof the following language thirty-six hundred dollars ($3,600.00) so that when said section is amended it shall real as follows: Section 14. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be a judge of said court who shall be elected by the qualified voters of Gwinnett County, Georgia, at the same time and under the same rules and

Page 2835

regulations as other county officers are now elected, Provided, however, that the first judge of said court shall be appointed by the Governor, and the person so appointed by the Governor shall hold office until midnight December 31, 1938, and until his successor is elected and qualified. A judge of said city court shall be elected at the general election for State and county officers to be held in the year 1938, for a term of four years beginning January 1, 1939, and at the general election for State and counties to be held every four years thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified. The judge of said court shall be at least twenty-five years of age, shall have practiced law at least five years and resided in Gwinnett County for two years prior to his taking office. He shall take and subscribe in substance the same oath of office as is prescribed for judges of the superior courts. He shall be invested with all the power and authority of judges of the superior courts as to all matters, except such as are exclusively conferred upon the judges of the superior court by the Constitution and laws of this State. Such judge shall be paid a salary of thirty-six hundred dollars - ($3,600.00) - per annum payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judge being an expense of said court. Judge. Section 5. Be it further enacted by the authority aforesaid that Section 15 of said Act creating the City Court of Gwinnett County, as amended, (Ga. Laws 1951, pp. 2839, 2842) be amended by striking the following language therefrom sixteen hundred dollars - ($1,600.00) and substituting in lieu thereof the following language three thousand dollars - ($3,000.00) so that said section when so amended shall read as follows: Section 15. Be it further enacted, that there shall be a solicitor of said court who shall be elected by the qualified voters of Gwinnett County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected; Provided, however,

Page 2836

that the first solicitor of said court shall be appointed by the Governor, and the person so appointed by the Governor shall hold office until midnight, December 31, 1938, and until his successor is elected and qualified. A solicitor for said city court shall be elected at the general election for State and county officers to be held in the year 1938, for a term of four years beginning January 1, 1939, and as the general election for State and counties to be held every four years thereafter for each succeeding term of four years, and said solicitor shall hold office until his successor is elected and qualified. The solicitor of said court shall be at least twenty-eight years of age, shall have practiced law at least five years, and resided in Gwinnett County for two years prior to his taking office. He shall take the same oath of office in substance as is prescribed for solicitor-generals of the State. He shall represent the State and shall prosecute all criminal cases in said court, and such as shall be carried to the Court of Appeals. The solicitor shall be entitled to the usual fees paid by the State for representing the State in cases in the Court of Appeals of Georgia. Said solicitor shall be paid a salary of three thousand dollars - ($3,000.00) - per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such solicitor being an expense of said court. Solicitor. Salary. 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. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia during the January Session, 1955, a bill to amend the Act approved March 24, 1937 (Ga. Laws 1937 pp. 1184, et seq.), creating the City Court of Gwinnett County, and Acts amendatory thereto, to provide for the compensation of the judge and solicitor of said court; to provide for rules of pleading therein, and for other purposes.

Page 2837

Georgia, Gwinnett County. Personally appeared before the undersigned attesting officer, M. A. Allison, who on oath says that he is publisher of the News Herald, a newspaper published in the City of Lawrenceville, Gwinnett County, Georgia, being of general circulation and being the legal organ for the County of Gwinnett who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation, was duly published once a week for three weeks as required by law; said dates of publication being December 30, 1954, January 6th, 13th and 20th, 1955. /s/ Marvin A. Allison, M. A. Allison. Sworn to and subscribed before me, this the 7 day of February, 1955. /s/ Janette Hirsch, Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Approved March 7, 1955. ATHENS LIMITS EXTENDED. No. 258 (House Bill No. 441). 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 enlarge the corporate limits of the City of Athens. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows:

Page 2838

Section 1. The present corporate limits of The Mayor and Council of the City of Athens are hereby amended and enlarged so as to bring within the corporate limits of The Mayor and Council of the City of Athens the following described area outside of and adjacent to the present corporate limits of The Mayor and Council of the City of Athens, to wit: Beginning at a point where the present corporate limit of the City of Athens intersects the center line of Oglethorpe Avenue and running thence in a westerly direction along the center of Oglethorpe Avenue 150 feet more or less to a point 200 feet west of the west edge of Holman Avenue; running thence in a southerly direction parallel to and 200 feet west of the west edge of Holman Avenue to the center of Gilmer Street; running thence in a westerly direction 209 feet more or less along the center of Gilmer Street to the center of the intersection of Gilmer Street and Sunset Drive; running thence in a southerly direction along the center of Sunset Drive to the center of the intersection of Sunset Drive and Best Drive; running thence in a westerly direction along the center of Best Drive 242 feet more or less to a point 220 feet west of the west edge of Sunset Drive; running thence in a southerly direction along a line parallel to and 220 feet west of the west edge of Sunset Drive to the center of Millard Avenue; running thence in a northeasterly direction along the center of Millard Avenue 75 feet more or less to the point where the center line of Millard Avenue intersects the present corporate limit of the City of Athens; running thence in a northeasterly direction along the present corporate limits of the City of Athens to the point of beginning. Description. 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

Page 2839

of Georgia at the January, 1955 session thereof for an amendment to the charter of The Mayor and Council of the City of Athens adding to the area thereof and bringing within the corporate limits thereof the following described area outside of and adjacent to the present corporate limits of the City of Athens: Beginning at a point where the present corporate limit of the City of Athens intersects the center line of Oglethorpe Avenue and running thence in a westerly direction along the center of Oglethorpe Avenue 150 feet more or less to a point 200 feet west of the west edge of Holman Avenue, running thence in a southerly direction parallel to and 200 feet west of the west edge of Holman Avenue to the center of Gilmer Street; running thence in a westerly direction 209 feet more or less along the center of Gilmer Street to the center of the intersection of Gilmer Street and Sunset Drive; running thence in a southerly direction along the center of Sunset Drive to the center of the intersection of Sunset Drive and Best Drive; running thence in a westerly direction along the center of Best Drive 242 feet more or less to a point 220 feet west of the west edge of Sunset Drive; running thence in a southerly direction along a line parallel to and 220 feet west of the west edge of Sunset Drive to the center of Millard Avenue; running thence in a northeasterly direction along the center of Millard Avenue 75 feet more or less to the point where the center line of Millard Avenue intersects the present corporate limit of the City of Athens; running thence in a northeasterly direction along the present corporate limits of the City of Athens to the point of beginning. This 6th day of January, 1955. Robert G. Stephens, Jr. Chappelle Matthews, Representatives from Clarke County in the General Assembly of Georgia. J 7-14-21.

Page 2840

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 legislature affecting The Mayor and Council of the City of Athens was published in the Athens Banner-Herald on January 7, 1955, January 14, 1955 and January 21, 1955. /s/ E. B. Braswell. Certified, sworn to and subscribed before me this 31st day of January, 1955. /s/ James Barrow, Notary Public, Clarke Co. Ga. (Notarial Seal Affixed). Approved March 7, 1955. WAYCROSS AND WARE COUNTY DEVELOPMENT AUTHORITY. No. 259 (House Bill No. 476). An Act to create the Waycross and Ware County Development Authority; to provide the purpose, duties, control, organization and powers of said Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. This Act may be cited as the Waycross and Ware County Development Authority.

Page 2841

Section 2. 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, and by that name, style and title said body may contract and be constracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of eight (8) members who shall be residents of Ware County within or without the corporate limits of the City of Waycross, and not less than thirty (30) years of age at the time of appointment. In making the nominations and appointments of members of the Authority not more than one member should be selected from any one family, partnership, or other business organization. The members shall be selected in the following manner: Immediately after the approval of this Act the directors of the Waycross and Ware County Chamber of Commerce shall select and nominate persons for appointment and submit eight or more names to the county and eight or more names to the city. From such lists of nominees the Commission of the City of Waycross and the Commissioners of Ware County each shall appoint four members of the authority. For the first appointments the county and the city shall each appoint one person for one year, one for two years, one for three years, and one for four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. In the event any vacancy occurs in the county group, the county shall fill by appointment such vacancy for the unexpired term. In the event a vacancy occurs in the city group, the city shall fill by appointment such vacancy for the unexpired term. In making any appointment for a vacancy or after the expiration of a term the city and the county shall request two nominations for each member to be appointed from the directors of the Chamber of Commerce. The governing authorities of the County of Ware and/or the City of Waycross may, in their discretion, request the directors of the Chamber of Commerce to submit additional names before making the first appointments or any subsequent appointment

Page 2842

to the membership of the Authority. If no nomination is made within ten days after such request, the appointment shall be made without any nomination. A member who has served a full four-year term shall not be eligible for re-appointment until the lapse of one year after the expiration of his four-year term. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer, or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the Authority. One city commissioner selected by the city commission and one county commissioner selected by the county commissioners shall be ex-officio members of the Authority. The members of this Authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties. Authority created. Members. Appointment. Officers. Section 3. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the Waycross and Ware County Development Authority created by this Act and by and under Article V, Section VIII, Paragraph I of the Constitution of the State of Georgia. Authority. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plants for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. Project. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of 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 plans and specifications and other expenses necessary or incident to determining

Page 2843

the feasibility or practicability of the project, administrative expanses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation. Cost of project. Section 4. The County of Ware and the City of Waycross are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5. Any five members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five affirmative votes. Quorum. Section 6. The Authority shall have powers: (a) To have a seal and alter the same at pleasure. (b) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. (c) To enter into contracts with the County of Ware and the City of Waycross. (d) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any already constructed on lands, the title to which shall then be in the County of Ware or the City of Waycross, the governing authorities of Ware County and the City of Waycross are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority. Powers.

Page 2844

(e) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (f) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. The County of Ware and the City of Waycross are hereby expressly authorized and empowered to enter into agreements with the Authority for use by the Authority of funds collected by special tax levies by the county and city for development purposes. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Ware or City of Waycross, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business

Page 2845

may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation certificates shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937, (Ga. Laws 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates. Section 7. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue-anticipation certificates issued by the Authority shall be exempt from State and local taxation. Tax exemption. Section 8. 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, but the Authority is authorized and empowered to take over the assets and the activities of Ware County Industrial Development Association, Inc., and to assume and to pay any outstanding bonds, notes and debentures of this corporation, the proceeds of which have been used for projects and development purposes as herein defined as functions of the Authority. Debts. Ware County Industrial Development Assn. Section 9. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to the County of Ware and the City of Waycross. Audits. Section 10. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Ware and the City of Waycross and their inhabitants, shall be liberally constructed to effect the purposes hereof.

Page 2846

Section 11. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 12. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Proposed Local Legislation. The undersigned will request the Representatives of Ware County and the Senator of this district to introduce at the next session of the General Assembly of Georgia which convenes in January, 1955, a local bill to provide for putting into effect the provisions of Article V, Section VIII, Paragraph I of the Constitution of Georgia, a constitutional amendment duly ratified and adopted at the general election in November, 1954, creating and establishing a body corporate to be known as the Waycross and Ware County Development Authority. The Act will provide for the appointment of the members of the Authority and prescribe their duties, powers and authority all in accordance with and pursuant to said Constitutional amendment creating the Waycross and Ware County Development Authority. Ware County Industrial Development Association, Inc. By John H. King, Jr., President. Georgia, Ware County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, J. M. Markey, Jr., who being duly sworn on oath says that he is business manager of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper published in the City of Waycross, Ware County, in which the sheriff's sales are advertised and which has a general circulation in Ware County, and that the attached and foregoing notice of proposed local legislation

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was duly published in said newspaper once a week for three weeks, in the issues of December 24 and 31, 1954, and January 1, 1955. /s/ J. M. Markey, Jr. (J. M. Markey, Jr.) Sworn to and subscribed before me, this the 4 day of February, 1955. /s/ Louise Breen Notary Public, Ware County, Georgia. Commission expires August 5, 1956. (Notarial Seal) Approved March 7, 1955. DOUGHERTY COUNTY COMMISSIONERSMEETINGS. No. 260 (House Bill No. 478). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Dougherty, State of Georgia; to provide for the number of commissioners which shall constitute said board; to provide for the election of the members of the said Board of Commissioners of Roads and Revenues of Dougherty County by the qualified voters of said county; to provide for the qualifications and term of office of the members of said board; to prescribe their duties, powers, and compensation; to provide for the appointment of a clerk and an attorney for said board; to provide when this Act shall become effective; to provide for a referendum hereon; to repeal all laws relating to the present Board of Roads and Revenues of Dougherty County and all other laws in conflict with this Act; and for other purposes, approved March 4, 1941, (Ga. Laws 1941, p. 834), so as to provide that said board of commissioners shall hold a

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regular meeting on the first and third Mondays in every month, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. Section 5 of the Acts of the General Assembly of 1941, page 834, being an Act approved March 4, 1941, entitled, An Act to create a Board of Commissioners of Roads and Revenues for the County of Dougherty, State of Georgia, to provide for the number of commissioners which shall constitute said board; to provide for the election of the members of the said Board of Commissioners of Roads and Revenues of Dougherty County by the qualified voters of said county; to provide for the qualifications and term of office of the members of said board; to prescribe their duties, powers, and compensation; to provide for the appointment of a clerk and an attorney for said board; to provide when this Act shall become effective; to provide for a referendum hereon; to repeal all laws relating to the present Board of Roads and Revenues of Dougherty County and all other laws in conflict with this Act; and for other purposes, is hereby amended by striking from the third line of said section the words first Monday in every month and inserting in lieu thereof the words first and third Mondays in every month, so that said section as amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid that said board of commissioners shall hold a regular meeting on the first and third Mondays in every month at the courthouse in said county, but they may hold special meetings at any time and at any place in said county that their duties may require. At all such meetings the chairman, if present, shall preside. But in all cases two shall constitute a quorum for the transaction of business, and the concurrence of any two of the commissioners shall decide all questions. It shall be the duty of the sheriff, when required, to attend the meetings of

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the board, for which services he shall be allowed $3.00 per day. Meetings. Section 2. All laws or parts of laws conflicting herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the 1955 session of the General Assembly of Georgia a bill to provide for regular meetings of the county commission on the first and third Mondays in every month. This 21st day of January, 1955. Jim Denson. Stuart Watson. January 22, 29, February 5, 1955. Georgia, Dougherty County. The undersigned hereby certifies that an exact copy of the above and foregoing notice of intention to introduce local legislation was published in the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and that same was published in said paper on January 22 and 29 and on February 5, 1955. This 5th day of February, 1955. /s/ G. Stuart Watson, Representative, Dougherty County. Sworn to and subscribed before me, this 5th day of February, 1955. /s/ Carol Farkas Notary Public, Dougherty County, Georgia. My commission expires Jan. 5, 1958. (Seal) Approved March 7, 1955.

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CITY COURT OF ALBANYJUDGE'S SALARY. No. 261 (House Bill No. 235). An Act to amend an Act establishing the City Court of Albany in and for the County of Dougherty, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended, so as to provide for a change in the compensation of the judge of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish the City Court of Albany in and for the County of Dougherty, to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties; and for other purposes, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended, is hereby amended so as to provide that the Judge of the City Court of Albany shall receive a salary of eight thousand three hundred and seventy-five ($8,375.00) dollars per annum for his services, to be paid monthly out of the treasury of said county in equal monthly installments. Judge's salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a bill to raise the compensation of the Judge of the City Court of Albany. This 6 day of January, 1955. /s/ Jim Denson. /s/ Stuart Watson. Georgia, Dougherty County. The Undersigned does hereby certify that he is publisher

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of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in The Albany Herald on January 8, 15 and 22, 1955. This 22 day of January, 1955. /s/ James H. Gray James H. Gray. Sworn to and subscribed before me this 22 day of January, 1955. /s/ Carol Farkas Notary Public. Notary Public, Dougherty County, Georgia. My commission expires Jan. 5, 1958. Approved March 7, 1955. GRIFFINSALARY OF COMMISSIONERS. No. 262 (House Bill No. 561). An Act to amend the charter of the City of Griffin, approved July 21, 1921 (Ga. Laws 1921, p. 959), as amended, particularly by an Act approved February 20, 1951 (Ga. Laws 1951, p. 2683), so as to increase the salary of the commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising and consolidating the several Acts incorporating the City of Griffin, approved July 21, 1921 (Ga. Laws 1921, p. 959), as amended, particularly by an Act approved February 20, 1951 (Ga. Laws 1951, p. 2683), is hereby amended by striking Section 12 in its entirety and in lieu thereof inserting the following:

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Section 12. Commissioners' salary. Each of said commissioners shall receive a salary of one hundred dollars ($100.00) per month, except the chairman, who shall receive one hundred twenty-five dollars ($125.00) per month. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal10235. Notice of Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia 1955, there will be introduced for passage, a bill to provide for an increase in the monthly salary of the Commissioners of the City of Griffin, Ga., and for other purposes. This 29th day of January, 1955. W. E. George, City Manager. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Frank P. Lindsey, Jr., who, on oath, depose and say that they are Representatives from Spalding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of Spalding County, on the following dates: January 29, February 5 and 7, 1955. /s/ Arthur K. Bolton, Representative, Spalding County. /s/ F. P. Lindsey, Jr., Representative, Spalding County. Sworn to and subscribed before me this 9th day of February, 1955. /s/ B. N. Nightingale Notary Public, Glynn County, Georgia. Approved March 7, 1955.

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COMMERCECORPORATION TAX. No. 263 (House Bill No. 574). An Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, so as to repeal the provision for the taxation of corporations within the City of Commerce; to provide a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Commerce in the County of Jackson, and prescribe its limits, to provide for the election of the mayor and councilmen and other officers of said City of Commerce; to prescribe their power and duties and the manner of their election; to declare and provide for the police force of said city and to provide for all matters of municipal concerns and cognizance; to provide that all valid bonds and contracts heretofore made and entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove, shall be good and valid for and against the City of Commerce; that all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce; to provide for the issuing of bonds for the establishment of an electric light plant and also for the issuing of additional bonds for the enlargement of the present waterworks and sewerage system in said City of Commerce, and for other purposes., approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, is hereby amended by striking and repealing Section 85, which reads: Sec. 85. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, that all other corporations within the City of Commerce not hereinbefore mentioned shall be subject to taxation by said municipality, and shall be taxed on their entire capital stock

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and the realty belonging to said corporation shall not be assessed for taxation. Corporation tax. Section 2. Not less than fifteen 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 mayor and council to issue the call for an election for the purpose of submitting this Act to the voters of the City of Commerce for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. 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 the City of Commerce. The ballot shall have printed thereon the words: For approval of amendment to charter of City of Commerce so as to repeal the provision relating to the taxation of corporations. Against approval of amendment to charter of City of Commerce so as to repeal the provision relating to the taxation of corporations. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 provided that this Act shall not become effective until the Mayor and Councilmen of the City of Commerce pass an ordinance providing for the arbitration of all Commerce, Ga., tax assessments and disputes arising in reference thereto as provided in Section 92-6912 Code of Georgia for arbitration of tax assessments made by county boards of tax assessors. If a majority of those persons voting in such election 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 Commerce. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results of the election. It

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shall be their further duty to certify the results thereof to the Secretary of State. Referendum. Section 3. It is specifically provided and stated as the intent of the General Assembly that this bill be construed in its entirety and the provisions hereof be in no respect several. Section 4. Attached hereto and made a part of this bill by reference is a certified copy of notice of intention to apply for this local legislation which said notice was published once a week for three weeks in the newspaper in which the sheriff's advertisements are published. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. I hereby certify that notice to repeal Section 85 of the charter of the City of Commerce as approved August 17th 1909 by the General Assembly of Georgia as follows was given to conform to Section 47-801 of the Code of Georgia, Legal Ad Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: To repeal Section 85 of the Charter of the City of Commerce, Ga., as approved August 17th 1909 by General Assembly of Georgia W. M. Veal, Mayor, City of Commerce, Ga. The above notice was published 4 times in the Jackson Herald, the official gazette of Jackson County, namely, December 22nd and 29th 1954 and January 5th and 12th 1955. This Feb. 9th 1955 /s/ R. H. Griffeth, Ordinary Jackson County. (Seal)

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Notice of Intention to Apply for the Passage of Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: to repeal Section 85 of charter of City of Commerce, Ga., as approved August 17, 1909 by General Assembly of Georgia. W. M. Veal, Mayor, City of Commerce, Ga. Dec. 22, 29, J. 5, 12 Georgia, Jackson County. Personally appeared before me an officer duly authorized by law to administer oaths, W. M. Veal, Mayor of the City of Commerce, Ga., who after being duly sworn deposes and says; That as such Mayor of the City of Commerce, Ga. on a unanimous vote of the Council of the City of Commerce he caused to be posted on bill board at the courthouse in Jefferson, Ga., and also in local newspaper, Commerce News, for a period of more than 30 days before the introduction of a local bill in the General Assembly of Georgia, captioned Notice of Intention to Apply for the Passage of a Local Bill, that said notice was published also in the Jackson Herald, the official Gazette of Jackson County, on Dec. 22, 29, 1954, January 5th and 12th 1955. That said notice was posted in 3 places in the City of Commerce, Ga., on bill boards. That copy of said notice as published in the Jackson Herald, official gazette of Jackson County is hereby attached and made a part of this affidavit. /s/ W. M. Veal, Mayor of City of Commerce, Georgia. Sworn to and subscribed before me this 8th day of February 1955. /s/ T. J. Syfan N. P. State at Large.

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Georgia, Jackson County. Personally appeared before me an officer duly authorized by law to administer oaths, Tom Williams, who after being duly sworn deposes and says: Affiant is the owner and publisher of the Jackson Herald published in Jefferson, Ga., the same the official gazette of Jackson County, the paper in which sheriff's sales are published, on December 22nd and 29th 1954 and January 5th and 12th 1955 Notice by the City of Commerce, Ga., Intention to make application to the General Assembly of Georgia at the 1955 Session to have section 85 of the Charter of the City of Commerce, Ga., repealed. This notice was run for four consecutive weeks in said paper, beginning December 22nd 1954 and ending January 12th 1955. /s/ Tom Williams. Sworn to and subscribed before me this the 14th of February 1955. /s/ Billy N. Elder C.S.C.J.C. (Seal) Legal Ad. Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: to repeal section 85 of Charter of City of Commerce, Ga., as approved August 17, 1909 by General Assembly of Georgia. W. M. Veal, Mayor, City of Commerce, Ga. Dec. 22, 29, J. 5, 12 Approved March 7, 1955.

Page 2858

JESUP CHARTER AMENDED. No. 264 (House Bill No. 537). An Act to amend an Act entitled, An Act to incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia: to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer extraterritorial jurisdiction upon said city; to provide that no valid and existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes., approved December 16, 1937 (Ga. Laws 1937-38, p. 1142), as amended, so as to provide for a form of government in said city composed of six commissioners and a city manager in lieu of the present form of government of mayor and councilmen, and to declare the rights and powers of said government; to abolish the office of mayor and councilmen as constituted under the present charter, and certain other officers in said city, as provided and constituted under the present charter; to amend or repeal such sections of said charter, and to abolish all such offices as may be deemed necessary to carry out the terms and effect of this amendment, and provide said new form of government; to provide the method of election of said commissioners and the city manager, and other officers and employees of said City of Jesup; to provide the qualifications and compensation of the city manager and city commission, and other officers and employees of said city; to make all other amendments or provisions necessary and proper to the creation of a new form of government for said city and for the conduct thereof; to provide for the method of selecting a board of tax appraisers and assessors and to prescribe the duties of said board; to provide when and upon what conditions this Act shall become operative; to provide for an election by the qualified voters of the City of Jesup for the adoption or rejection of the provisions of this Act; to repeal conflicting laws; and for other purposes.

Page 2859

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer extraterritorial jurisdiction upon said city; to provide that no valid and existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes., approved December 16, 1937 (Ga. Laws 1937-38, p. 1142), as amended, by several Acts incorporating the City of Jesup, in Wayne County, creating a municipal government of said city, and the several Acts amending the same, be and the same are hereby amended in the following particulars: All provisions of said charter creating a municipal government composed of a mayor and council are hereby expressly abolished on and after the first day of January, 1956. Section 2. In lieu of the mayor and councilmen of said City of Jesup, there is hereby created and established a commission composed of six members, who shall be known as the Board of Commissioners for the City of Jesup. Said Board of Commissioners for the City of Jesup are hereby given all rights, powers and authority heretofore vested in the mayor and councilmen of said city, except as otherwise provided herein, and except such rights, powers and authority hereby created and established. Board of commissioners. Section 3. No person shall be eligible to hold the office of Commissioner of the City of Jesup unless he or she shall have attained the age of twenty-five years and has been a bona fide resident of the city for at least twelve months prior to his or her election and is a registered voter in the City of Jesup. Qualifications. Section 4. The members of the board of commissioners shall be elected on the first Thursday of December to hold office for staggered three year terms, by the registered, qualified voters of the City of Jesup. The

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election of the initial members for the board of commissioners shall be held on the first Thursday of December, 1955, and the two candidates receiving the highest number of votes cast shall serve an initial term of 3 years, the two candidates receiving the next highest number of votes cast shall serve an initial term of 2 years, and the two candidates receiving the next highest number of votes cast shall serve an initial term of one year. Thereafter all members shall be elected to serve for three-year terms. Election, terms. Section 5. The Mayor and Council of the City of Jesup, who were elected for the years 1954 and 1955, shall hold office until January 1, 1956. The election of the first commissioners on the first Thursday in December, 1955, shall be held under the supervision and control of the mayor and council of said city, subject to the laws and ordinances of force for holding elections for mayor and councilmen of said city, and the returns from said election shall be made to said mayor and councilmen, who shall declare the results thereof. Incumbent mayor and council. Section 6. Before assuming the duties of their office, said commissioners shall take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully and impartially demean myself and perform my duties as a member of the Board of Commissioners for the City of Jesup during my continuance in office, and in all things pertaining to my office. So help me, God. Oath. Section 7. The commissioners shall, at their first meeting in each year, elect one of their members who shall have the title of mayor. It shall be the duty of the mayor to preside at meetings of the board of commissioners, and he shall be recognized as head of the city government for all ceremonial purposes and by the Governor for purposes of military law, but shall have no regular administrative duties. He shall not have the right of veto and shall have the right to vote upon all questions coming before the board of commissioners. In the event of the absence, disqualification or disability of

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the mayor, the members of the board of commissioners shall appoint and designate some member of their body to act as temporary mayor and such appointee shall have all of the duties and authority of the mayor while so acting. Mayor. Section 8. All powers of the city and the determination of all matters of policy shall be vested in the board of commissioners, together with all other rights, powers and authority heretofore vested in the mayor and councilmen, except as otherwise provided in this Act. Each of said commissioners shall receive a salary of one hundred ($100) per annum, payable semi-annually, out of the treasury of said city. The members of the board of commissioners shall devote as much time to their office as may be necessary. The said board of commissioners shall meet at least twice a month, and shall hold their meetings in public, except when they deem executive sessions expedient. Said board shall keep records of their meetings, and shall record all of their actions. The city clerk is hereby named the official secretary of the board, and it shall be the duty of the city clerk to attend and keep the minutes of all meetings of the board of commissioners. Powers and duties of board. Section 9. The board of commissioners shall, within thirty days after their election and qualification, or as soon thereafter as is practical, select and appoint a city manager, which office in the City of Jesup is hereby expressly created, who shall have the powers and perform the duties herein provided. The first city manager shall be a nonresident of the City of Jesup at the time of his appointment, but shall reside in the city during his term of office. No commissioner shall be appointed city manager during the term for which he shall have been elected, nor within one year after the expiration of his term. City manager. Section 10. The city manager shall be chosen by the board of commissioners solely upon the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted

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practice in respect to the duties of his office as hereinafter set forth. His salary shall be fixed by the board of commissioners at a sum not greater than seven thousand two hundred ($7,200) dollars per year, to be paid monthly, and he shall be subject to removal at any time without notice or statement or proof of cause. Qualifications. Salary. Section 11. The city manager shall be the chief executive officer of the city and head of the administrative branch of the city government. He shall be responsible to the commission for the proper administration of all affairs of the city and to that end, subject to the provisions of this Act, he shall have power and shall be required to: (1) Appoint and remove all officers and employees of the city except as may be otherwise provided in this Act and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office; Powers and duties. (2) See that all laws and ordinances of the city are enforced; (3) Exercise control over all of the departments or divisions of the city, now created or that may hereafter be created; (4) Attend all meetings of the commission, with the right to take part in the discussion, but he shall have no right to vote on propositions under consideration; (5) Prepare and submit to the board of commissioners an annual budget, setting out the probable needed expenditures in all departments of the city for the ensuing year, which report shall show, as nearly as can be determined, the probable revenue of the city from all sources; (6) Keep the board of commissioners advised as to the financial condition and needs of the city; (7) Supervise and direct the conduct of all officers

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and employees of the city, and supervise the performance of all contracts made by any person for all work done in the city, and make all purchases of materials and supplies used by the city under competitive bids, and under such rules and regulations as the board of commissioners may prescribe; (8) Appoint, discharge and fix the salaries of employees in all departments. All such appointments shall be made upon merit and fitness for the performance of the duties required; (9) Perform such other duties as may be prescribed by this Act or required of him by the board of commissioners, not inconsistent with this Act, or the charter of the City of Jesup. Section 12. The board of commissioners may require the city manager to go before them at any time and answer questions, either orally or in writing, and may require of said city manager, at any time they see fit, any reports on any matter involving the city that they deem proper, and said city manager shall report monthly to said board of commissioners his general actings and doings, and shall at regular intervals, not less than quarterly, file with said board full and complete reports of the various departments of the city. Investigations and reports. Section 13. The board of commissioners may designate some qualified person to act as temporary city manager, in the absence of the city manager, provided that no member of the board of commissioners shall be appointed as acting manager. Said acting city manager shall have all the powers of the city manager while so acting. Acting manager. Section 14. The city manager shall devote his entire time to his office, except that he may also serve as superintendent of the city water and sewer department, and as superintendent of the city power and light department, should there be one.

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Section 15. The city manager shall be the purchasing agent for the city, by whom all purchases of supplies and all contracts for printing shall be made, and he shall sign all vouchers for the payment of same under such rules and regulations as the board of commissioners may by ordinance prescribe. The board of commissioners shall by ordinance prescribe rules and regulations for the purchase of supplies and equipment under competitive bids, and the city manager shall be governed thereby, subject to the provisions of Section 54 of the city charter. Purchases. Section 16. The board of commissioners shall require bond of any city official or employee handling funds of the city, in such amount as they may deem proper, the cost of such bond to be paid by the city. The board of commissioners shall have the right to have the books of the city audited at least once a year by a certified public accountant. Bonds, audits. Section 17. The office of Recorder for the City of Jesup is hereby expressly preserved, and all the duties delegated to said officer under the charter, ordinances and resolutions of said city shall continue to be fulfilled and exercised by said officer. The present recorder shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified. The board of commissioners shall, upon the expiration of the term of office of the present incumbent, select a successor who shall exercise all powers and duties prescribed for said officer in the charter of the City of Jesup. Recorder. Section 18. Four members of the board of commissioners shall constitute a quorum for the transaction of any business pertaining to the city. The board of commissioners shall by ordinance determine its rules of order and order of business. The entering clause of all ordinances introduced before the board of commissioners shall be: Be it ordained by the Board of Commissioners for the City of Jesup. Ordinances. Section 19. The corporate entity, corporate name and

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corporate limits of the City of Jesup are hereby in all respects fully preserved as defined in the Act of the General Assembly approved December 16, 1937, together with all amendatory Acts thereof, except as herein expressly provided; and all Acts not inconsistent herewith are hereby declared continued in force. Section 20. On and after the first of January 1956, the board of commissioner shall appoint a board composed of three members, who shall be known as the Board of Tax Assessors and Appraisers for the City of Jesup. Said board of tax assessors and appraisers shall perform all of the duties required of the board of tax assessors under the present charter of the City of Jesup. No person shall be eligible to appointment on said board unless he or she is a registered, qualified voter of the City of Jesup, and is the owner of real estate located within the corporate limits of said city. The term of office of said members shall be three years, and the board of commissioners shall fix the term of the members of such board so that the term of one member shall expire each year. No commissioner shall be appointed to the board of tax assessors and appraisers during the term for which he shall have been elected nor within one year after the expiration of his term. Tax assessors. Section 21. Whenever necessary to carry out the terms of this Act and harmonize the same with the present charter, the words Board of Commissioners for the City of Jesup shall be read in the place of mayor and council, or in place of council, mayor and aldermen, or board of aldermen, except when to do so would be to render void some particular provision of this Act. Section 22. Not less than fifteen 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 Mayor of the City of Jesup to issue the call for an election for the purpose of submitting this Act to the voters of the City of Jesup for approval or rejection. The date of the election shall be set for a day

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not less than twenty nor more than thirty days after the date of the issuance of the call. 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 the City of Jesup. The ballot shall have printed thereon the words: For approval of the Act to change the form of government in the City of Jesup from mayor and council to a board of commissioners. Against the approval of the Act to change the form of government in the City of Jesup from a mayor and council to a board of commissioners. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 such election 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 Jesup. It shall be the duty of the mayor to hold and conduct such election. It shall be the duty of the mayor and council 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. Notice of Intent to Introduce Local Legislation. A bill to amend the charter of the City of Jesup so as to enable the mayor and council to fix the salary of the recorder and election managers; to provide a change in the amount of equipment and supplies that may be purchased without competitive bids; to authorize the mayor and council to regulate the location of telephone and power lines; to require a referendum before any future franchise may be given for the distribution of electric current; and for other purposes. This 11 day of January, 1955. Robert L. Harrison, Representative Wayne County.

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13-20-27-3-cofj Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Harrison, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jesup Sentinel, which is the official organ of Wayne County, on the following dates: January 13, 20, 27 and February 3, 1955. /s/ Robert L. Harrison, Representative, Wayne County. Sworn to and subscribed before me this 9th day of February, 1955. /s/ William R. Killian Notary Public, Glynn Co., Ga. Approved March 7, 1955. AUGUSTATERRITORY ADDED. No. 265 (House Bill No. 432). An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), and the various amendatory Acts thereof, especially an Act designated AugustaTerritory Added approved February 21, 1951 (Ga. Laws, 1951, pp. 3335-3339) as amended, so as to define the corporate limits in the territory known as the Forrest Hills and Wheeler Heights area and in the territory known as the King Woods, Lyndon Grove, Fairmont area, and to co-ordinate and conform the corporate limits in said areas with the property lines of the owners of real estate therein; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act designated AugustaTerritory Added entitled An Act to amend the charter of the City of Augusta as established by an Act approved January 31, 1798 (Ga. 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., approved February 21, 1951 (Ga. Laws, 1951, pp. 3335-3339), as amended by an Act designated AugustaAddition of Forrest Hills and Wheeler Heights, approved December 11, 1953 (Ga. Laws, 1953, Nov.-Dec. Sess., pp. 2476-2480), be and the same is hereby amended so as to define the corporate limits in the territory known as the Forrest Hills and Wheeler Heights area, and to co-ordinate and conform the corporate limits in said area with the property lines of the owners of real estate therein. Section 2. That the description of Territory B as set forth in Section 1 of said Act approved February 21, 1951 (Ga. Laws, 1951, pp. 3335-3339), is stricken and the following description of Territory B is substituted in lieu thereof:

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TERRITORY B. Beginning at that point on the south property line of Wrightsboro Road, which is the western limit of the present city boundary line, which runs along the south property line of Wrightsboro Road; thence west along the south property line of Wrightsboro Road to a point opposite the intersction of Wrightsboro Road and the west property line of Magnolia Drive; thence north across Wrightsboro Road along the west property line of Magnolia Drive to a point opposite the intersection of Magnolia Drive and the inner or western property line of that curvilinear drive known as Comfort Road or Hotel Circle; thence northeast, north and northwest along the inner or western property line of Comfort Road or Hotel Circle to its intersection with the south property line of Lake Forrest Drive; thence west along the south property line of Lake Forrest Drive to a point opposite the intersection of Lake Forrest Drive and the west property line of Bransford Road; thence west along the south property line of Lake Forrest Drive 1,831 feet to a point; thence in a northerly direction across Lake Forrest Drive; north two seconds west 384.6 feet to a point; thence south 55 degrees 33 minutes east 76.2 feet to a point; thence north 36 degrees 56 minutes east 283.7 feet to a point; thence north 54 degrees 47 minutes west 102.8 feet to a point; thence north 73 degrees 54 minutes west 223.0 feet to a point; thence north 9 degrees 48 minutes east 315.4 feet to a point; thence south 54 degrees 47 minutes east 344.7 feet to a point; thence north 35 degrees 13 minutes east 180.6 feet to a point on the south property line of Donald Road; thence south 54 degrees 47 minutes east 178.2 feet along the south property line of Donald Road to a point; thence north 6 degrees 45 minutes east 86.0 feet across Donald Road to a point; thence south 74 degrees 00 minutes east 176.0 feet to a point on the west property line of Kirk Place; thence south 84 degrees 15 minutes east 52.0 feet across Kirk Place to a point on the east property line of Kirk Place; thence south 84 degrees 15 minutes east 200.0 feet to a point; thence south 6 degrees 45 minutes west 6.0 feet to a point; thence south 76 degrees 24 minutes east 111.7

Page 2870

feet to a point; thence north 15 degrees 36 minutes east 133.6 feet to a point; thence south 81 degrees 54 minutes east 309.9 feet to a point; thence north 3 degrees 14 minutes west 186.3 feet to a point; thence south 73 degrees 45 minutes east 236.0 feet to a point; thence south 59 degrees 45 minutes east 236.0 feet to a point; thence south 64 degrees 15 minutes east 180.0 feet to a point; thence north 18 degrees 15 minutes east 209.0 feet to a point; thence south 65 degrees 34 minutes east 544.0 feet to a point; thence north 22 degrees 48 minutes west 180.2 feet to a point; thence south 87 degrees 38 minutes east 254.3 feet to a point on the east property line of Conifer Road; thence along the east property line of Conifer Road on these bearings and distances; north 31 degrees 58 minutes west 150.0 feet to a point; thence north 4 degrees 43 minutes west 114.1 feet to a point; thence north 49 degrees 52 minutes east 80.5 feet to a point; thence south 88 degrees 10 minutes east 142.2 feet to a point; thence north 65 degrees 47 minutes east 32.31 feet to a point; thence north 24 degrees 13 minutes west 534.0 feet to a point on the south property line of Walton Way Extension; thence due north 60.0 feet to a point on the north property line of Walton Way Extension; thence north 85 degrees 21 minutes west 40 feet along the north property line of Walton Way Extension to a point which is the southwest corner of Forrest Hills School; thence north 2 degrees 41 minutes west 967.14 feet to a point; thence south 87 degrees 53 minutes east 744.7 feet to a point; thence south 47 degrees 30 minutes east 332.3 feet to a point; thence north 89 degrees 00 minutes east 580.4 feet to a point which is the intersection of the north property line of Hazel Street and the east property line of Bransford Road; thence north 00 degrees 52 minutes west along the east property line of Bransford Road to the intersection of the south property line of Wheeler Road; thence north 2 degrees 30 minutes east 61.6 feet across Wheeler Road to a point on the north property line of Wheeler Road; thence north 60 degrees 45 minutes west 48.0 feet to a point; thence north 34 degrees 2 minutes east 150.0 feet to a point; thence south 62 degrees 30 minutes east 104.0 feet to a

Page 2871

point; thence north 34 degrees 30 minutes east 55.0 feet to a point; thence north 30 degrees 00 minutes east 196 feet to a point; thence south 82 degrees 00 minutes east 424.2 feet to a point; thence south 10 degrees 32 minutes east 47.0 feet to a point on the south property line of Hackle Street; thence along the south property line of Hackle Street on the following bearings and distances: south 83 degrees 00 minutes east 150.0 feet to a point; thence north 84 degrees 00 minutes east 250.0 feet along the south property line of Hackle Street to the west property line of Boy Scout Road; thence north 84 degrees 00 minutes east 32.0 feet to a point on the east property line of Boy Scout Road; thence south 13 degrees 15 minutes east 50.0 feet along the east property line of Boy Scout Road to a point; thence north 84 degrees 00 minutes east 150.0 feet to a point; thence south 13 degrees 15 minutes east 100.0 feet to a point; thence north 87 degrees 10 minutes east 426.2 feet to a point; thence north 4 degrees 00 minutes east 31.2 feet to a point; thence south 63 degrees 15 minutes east 555.0 feet to a point; thence north 11 degrees 45 minutes east 150.0 feet to a point; thence south 63 degrees 15 minutes east 270.0 feet to a point; thence south 11 degrees 45 minutes west 43.0 feet to a point; thence south 63 degrees 15 minutes east 503.0 feet to a point on the east property line of Berckman Road; thence south 11 degrees 45 minutes west 270.0 feet along the east property line of Berckman Road to the insection of the south property line of Wheeler Road, which is the present city limits line; thence in a westerly direction along the present city limits line to the point of beginning on the south property line of Wrightsboro Road. Section 3. That the annexation of the territory described as Territory B in the Act approved February 21, 1951 above referred to have been approved and ratified by a majority of the qualified electors of the territory concerned voting at an election called and held as provided by law, and this Act being for the purpose of co-ordinating and conforming the corporate limits in said annexed territory with the property lines of the owners of real estate therein, the corporate limits of The City

Page 2872

Council of Augusta shall include all of the territory above described as Territory B ninety (90) days following said election as provided by said law. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of Publication. 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 Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice Of Local Legislation: AugustaTerritory Added Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1955 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 by an Act approved January 31, 1798 (Ga. Laws, 1798), and the various amendatory Acts thereof, especially an Act designated AugustaTerritory Added approved February 21, 1951 (Ga. Laws, 1951, pp. 3335-3339) as amended, so as to define the corporate limits in the territory known as the Forrest Hills and Wheeler Heights area and in the territory known as the King Woods, Lyndon Grove, Fairmont area, and to co-ordinate and conform the corporate limits in said areas with the property lines of the owners of real estate therein; and for other purposes. R. Lee Chambers, III, W. W. Holley, Carl E. Sanders, Members General Assembly of Georgia.

Page 2873

Dec. 30; Jan. 6, 13. duly appeared in said newspaper on the following dates to wit: December-30-1954, January-6-13-1955. /s/ Jack E. Webb. Sworn to and subscribed before me this 13th day of January 1955. /s/ Geo. M. Peters Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal) /s/ R. Lee Chambers, /s/ W. W. Holley, /s/ Carl E. Sanders, Members General Assembly of Georgia. Approved March 7, 1955. ATLANTA CHARTER AMENDED. No. 266 (Senate Bill No. 110). 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

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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 tax authorized by Section 1 of the amendment to the charter, approved February 21, 1951 (Ga. Laws 1951, pp. 3055, 3056), for permanent improvements in the Department of Parks of the City of Atlanta shall be used exclusively for permanent improvements of the zoo, golf course, recreational facilities and other park facilities of the city and shall not be expended in any manner for equipment or any other expense incident to the operation of the parks system of the city, it being the intention of the General Assembly that the term permanent improvements shall be strictly construed so as to exclude any other incidental expense. One-half of the amount realized during the year 1956 and succeeding four years shall be used only for the improvements of the zoo in Grant Park. Any sums not used in any one year shall be covered into a trust fund to be held for that use. Parks tax. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1955. DOUGHERTY COUNTYCOMPENSATION OF SHERIFF, CLERK OF SUPERIOR COURT AND ORDINARY. No. 267 (House Bill No. 35). An Act to place the Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County on a

Page 2875

salary basis; to provide for deputies, employees and assistants; to provide for disposition of fees collected; to provide for reports and for the maintenance and inspection of books and records; to provide for salaries for deputies, employees and assistants; to provide for 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. The Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County shall hereafter be paid salaries in lieu of all fees, as herein provided. Section 2. The salary of the Sheriff of Dougherty County shall be nine thousand five hundred dollars ($9,500.00) per annum. The salary of the Ordinary of Dougherty County shall be seven thousand five hundred dollars ($7,500.00) per annum. The salary of the Clerk of the Superior Court of Dougherty County, where such Clerk of the Superior Court likewise serves as Clerk of the City Court of Albany, shall be nine thousand five hundred dollars ($9,500.00) per annum. Each of said officials shall be paid monthly from the general funds in the county treasury. Salaries. Section 3. The sheriff shall be authorized to purchase four automobiles or motor vehicles, and the purchase price of such vehicles shall not exceed that paid by the Board of Commissioners of Roads and Revenues of Dougherty County for those automobiles used by the county police department. The sheriff shall be authorized to trade any such vehicle at any time after it has been driven a minimum of 40,000 miles. Said vehicles are to be used exclusively by the sheriff and his deputies in the performance of their official duties. The purchase price, fuel, maintenance and upkeep of said vehicles shall be paid by the authorities having charge of the fiscal affairs of said county out of the general funds of the county. Sheriff's automobiles.

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Section 4. All office expenses incurred in carrying out the duties of the Ordinary, Sheriff, Clerk of the Superior Court of Dougherty County and the Clerk of the City Court of Albany, shall be paid directly to the supplier, or other person to whom payment for such expenses is due, from the general funds of said county. Office expenses. Section 5. 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 of said officials or their deputies, including compensation received or collected by such officials or their deputies for serving as bailiffs, shall be received and diligently collected by all of said officials and each of them, for the sole use of Dougherty County, and shall be paid as public moneys belonging to Dougherty County and accounted for and paid over to the county treasurer on the 10th day of each month. Each officer collecting such fees, costs, percentages, forfeitures, penalties, allowances and other perquisites shall at all times keep complete and accurate books of account showing all sums of every sort and nature due to his office, collected by his office or in any manner distributed by his office, and shall present to the county treasurer with each payment a detailed itemized statement, under oath, showing all such collections and the sources from which collected. The county treasury of Dougherty County shall keep a separate account showing the sources from which said funds were paid, and the Board of Commissioners of Roads and Revenues of Dougherty County and the grand jury of the superior court of said county shall have the right, at any time, to inspect the records of each, or any, such office or officer. Fees, costs, etc. Section 6. The Sheriff of Dougherty County shall have a chief deputy who shall receive four hundred fifty dollars ($450.00) per month, a deputy who shall receive three hundred fifty dollars ($350.00) per month, a deputy who shall receive three hundred twenty-five dollars ($325.00) per month, and a deputy who shall receive three hundred dollars ($300.00) per month. The

Page 2877

clerk of the superior court, who is also serving as Clerk of the City Court of Albany, shall have a chief deputy clerk who shall receive three hundred and fifty dollars ($350.00) per month, two assistant clerks who shall receive two hundred twenty-five dollars ($225.00) per month each, and one typist who shall receive one hundred seventy-five ($175.00) per month. The Ordinary of Dougherty County shall have one clerk who shall receive three hundred fifty dollars ($350.00) per month. All of the salaries provided by this section shall be paid directly to such deputies, assistants, and employees out of the general funds of said county. Deputies and clerks. Section 7. Said sheriff, clerk and ordinary shall, with the consent of the Judge of the Superior Court of Dougherty County, have the power to employ such other assistants as they may deem necessary, but the compensation of any other employees of the sheriff shall not exceed the base pay of Dougherty County Police while the compensation of any other such employees of the clerk and ordinary shall not exceed the salary hereinabove provided for assistant clerks of the Superior Court. The sheriff, with consent of the Judge of the Superior Court of Dougherty County, may purchase such additional automobiles of the type described in Section 3, above, and on the terms and conditions set out in said Section 3, as may be required for the discharge of the duties of his office. Additional assistants. Section 8. No part of this Act shall be interpreted so as to prevent the benefits given to officers under the Georgia Code, Title 58, Section 207 from being received by the officers who might otherwise be entitled thereto, nor shall this Act deprive any of the officers from receiving rewards for the apprehension of criminals. Section 9. The provisions of this Act shall not become effective until January 1, 1957. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2878

Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1955 session of the General Assembly of Georgia a bill to place the Sheriff, the Clerk of the Superior Court and the Ordinary of Dougherty County on a salary basis; to provide for deputies, employees and assistants; to provide for disposition of fees collected; to provide for reports and for the maintenance and inspection of books and records; to provide for salaries for deputies, employees and assistants; to provide for the expenses incurred in carrying out the duties of the ordinary, sheriff and clerk of court; to provide for an effective date of this act; to repeal conflicting laws; and for other purposes. /s/ G. Stuart Watson, Representative, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in the Albany Herald on December 24 and 31, 1954, and January 7, 1955. This 8 day of January, 1955. /s/ James H. Gray, James H. Gray. Sworn to and subscribed before me, /s/ Carol Farkas, Notary Public, Dougherty County, Ga. (Seal). Approved March 7, 1955.

Page 2879

FULTON COUNTYTEACHERS' RETIREMENT SYSTEM AMENDED. No. 268 (House Bill No. 438). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County... and for other purposes approved February 2, 1945 (Ga. Laws 1945, pp. 528-538) and the several Acts amendatory thereof by providing an alternate pension plan for teachers and employees of the Board of Education of Fulton County now in service who may elect to accept the benefits of such alternate plan and for all teachers and employees who may hereafter enter the service of the Board of Education of Fulton County; to provide benefits and rules and regulations for the payment of benefits to retired teachers and employees of the Board of Education of Fulton County and their dependents; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County... and for other purposes approved February 2, 1945 (Ga. Laws 1945, pp. 528-538) and the several Acts amendatory thereof, be further amended as follows: Section 1. The pension benefits provided by this section and the several subsections thereof shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any teacher or employee eligible for a pension under this Act, who is in the service of the Board of Education of Fulton County prior to the effective date of this amendment, may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1955. The applicant

Page 2880

must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended. All such teachers and employees in the service of said board of education on the effective date of this Act, who do not in writing agree to accept the benefits and obligations of this amendment, shall have their rights and obligations determined under the law as it existed prior to this amendment. Teachers and employees coming into the service of said board of education on or after the effective date of this amendment shall have their benefits and obligations fixed by the provisions of this amendment in lieu of the provisions of this Act as same existed prior to this amendment. (b) When any teacher or employee electing to come under the provisions of this amendment in the manner aforesaid, or who is placed thereunder by this Act, shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such teacher or employee during the twelve months immediately preceding his retirement, but not to exceed $150.00 per month except as hereinafter provided. In case the teacher or employee has served 26 years or more, the amount of the pension shall be increased $5.00 per month for each full year's active service in excess of 25 years, subject however, to the limitation hereafter imposed. The records kept in the office of the Board of Education of Fulton County and/or the pension office of Fulton County shall be conclusive as to the time served. (c) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all other benefits of this Act, as amended, for his beneficiaries and for himself, but such benefits shall be increased 50% over the amount set forth in the relevant sections of this Act, as amended, prior to this amendment, providing for partial pensions, pensions for total disability and payments to beneficiaries. (d) In no event shall the pension to be paid to any

Page 2881

teacher or employee under the terms of this amendment be in excess of 75% of the average salary paid to such employee during his last three years of employment. (e) The sum of 4% of the salary, not exceeding $300.00, paid to such teacher or employee who does not provide for the payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 5%, not exceeding $300.00, of his salary in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such teachers and employees of such board of education, who consent and agree to the provisions of this amendment. Like deductions shall be made from the salaries of those required to come under this amendment. The sums shall be paid to and retained by the Treasurer of Fulton County, and are hereby set apart as a pension fund, free from the control of any such county for any other purpose or expenditure. (f) This section and the several subsections shall be effective April 1, 1955, and the payments required by the preceding sections, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the board of education, the payments shall begin with the employment of qualification for service. (g) Any person who shall elect to come under the terms of this section, who shall voluntarily retire within a period of three years immediately following the effective date of this Act, shall pay into the pension fund an amount which, when added to the amounts deducted by the employer, will equal the total amount that would have been deducted during such three year period had the person remained in the service of the board of education for the full three year period at the salary he was drawing at the time of his retirement. Such payment shall be made within six months after retirement. In case the required payment is not made within the time specified, the board of trustees shall collect the amount by deductions from future pension payments, in

Page 2882

such amounts as they may fix. Past due payments shall bear interest at 6% per annum. No payments shall be required in case of involuntary retirement or death. Section 2. Pension payments due to former officers and employees under this Act or any prior Act of the General Assembly who have heretofore retired as a matter of right after 25 years of service and who may so retire before the effective date of this Act, and have been awarded pensions under the terms of this Act, shall be increased in the following amounts, and subject to the limitations hereinafter set forth. All such persons shall have their future pension payments made on the basis of one-half pay but not to exceed $100.00 per month, plus $5.00 per month for each full year's active service in excess of 25 years but not in excess of 35 years, provided that no such person, as a result of this amendment, shall draw more than $150.00 per month in pensions, which limitations shall include any pension received from the Georgia State Teachers' Retirement Fund. This section shall be effective April 1, 1955. Where benefits heretofore granted are payable out of the funds in the hands of the board of trustees provided herein, the same benefits shall continue to be paid out of the same funds but increased benefits provided in this amendment shall be paid out of the county treasury from funds received from sources other than taxation. Where benefits are payable directly from the treasury of the county, the increased benefits shall also be paid out of the treasury of the county. Section 3. In addition to the fund derived from deductions from salaries and wages, as required by the terms of this Act, as amended, or as the same may hereafter be amended, it shall be the duty of the governing authorities of Fulton County to appropriate and pay into the pension fund established by this Act, an amount which shall equal the total amount of such deductions. Should said fund, at any time, be insufficient to meet and pay said pensions, Fulton County shall appropriate, from current funds, including funds derived from ad

Page 2883

valorem taxation, sufficient amounts to make up the difference. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 5. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 14, 21, 28th days of January 1955 as provided by law. /s/ A. M. Kempton. Subscribed and sworn to before me, this 28th day of January, 1955. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My commission expires March 8, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the present session of the General Assembly of Georgia (now in session) for an amendment to the Fulton County Teachers Retirement System (Ga. Laws 1945, p. 528) and the several Acts amendatory thereof so as to provide for an increase in the benefits thereof for eligible employees

Page 2884

who elect to accept the benefits in this amendment. All pertinent matters may be included. This 13th day of January, 1955. Harold Sheats, County Attorney, Fulton County. Jan. 14 21 28. Approved March 7, 1955. COLLEGE PARK LIMITS EXTENDED. No. 269 (House Bill No. 391). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled, An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, (Ga. Laws 1895), and all amendments thereto, be and the same are hereby amended as follows:

Page 2885

Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the two following parcels of territory, to wit: Parcel One: All that tract or parcel of land lying and being in Land Lots 38 and 39 of the 13th District of Clayton County, Georgia, and being more particularly described as follows: Beginning at a point on the E. line of L. L. 39, 13th Dist., Clayton County, Georgia where the same is intersected by the present south city limit line of the City of College Park, Georgia; thence south along said L. L. line to the south line of the school property; thence west along said south line of the school property to the west line of South Main Street; thence southeasterly along the S. W. side of South Main Street to the south line of the Presnell property; thence west along the south line of the Presnell property to the southwest corner thereof; thence north along the west line of the Presnell property to the north side of Sullivan Road; thence west along the north side of Sullivan Road to the point 190 feet due west of the east line of L. L. 38; thence north on a line parallel to and 190 feet due west of said L. L. line to the present south city limit line of the City of College Park, Georgia; thence east along said city limit line to the point of beginning. Description. Parcel Two: Beginning at a point on the western boundary line of Land Lot Twenty-five (25) of the 13th District of Clayton County, Georgia, located eleven hundred and three (1103) feet north one degree west (N1W) from the southwest corner of said L. L. 25, and thence running north one degree west (N1W) along the western boundary line of said L. L. 25 and along the eastern boundary line of the present city limits for a distance of five hundred twenty-one (521) feet; thence north eighty-nine degrees naught nine minutes east (N89 09'E) for a distance of four hundred thirty-seven

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(437) feet; thence north naught degrees forty-five minutes west (NO45'W) for a distance of five hundred seventeen feet (517); thence north eighty-seven degrees forty-five minutes east (N 87 45' E) for a distance of two hundred and ninety-seven (297) feet; thence south one degree fifteen minutes east (S1 15'E) for a distance of one thousand forty-three (1043) feet; thence south eighty-nine degrees nine minutes west (S89 09'W) and along the present boundary line of the College Park city limits for a distance of seven hundred and twenty-seven (727) feet to the point of beginning. Description. Section 2. The jurisdiction of the Mayor and Council of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in Section 1 of this Act, and the power and authority of said municipality under its present charter and ordinance and all laws appertaining to said municipality are hereby extended over and made effective in every part of the territory covered and included within the limits of said municipality as extended by Section One of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made co-extensive with the limits as extended by Section One of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due, as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of Section One of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by Mayor and Council of the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Section 3. The Mayor and Council of said City of College Park are hereby authorized and empowered in their discretion to include all or any part of said annexed

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territory in one or more of the wards of said city as at present constituted, or as the wards may hereafter be constituted, and to pass such ordinances as may be advisable in re-adjusting said territory to and with the rest of said city. Wards. Section 4. Not less than fifteen 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 Mayor and Council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to City of College Park for approval or rejection. The date of the election shall be set for a day not less than thirty days 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 two weeks immediately preceding the date thereof in the official gazette of the City of College Park. The ballot shall have printed thereon the words: For approval of the 1955 Act annexing certain Clayton County territory to City of College Park. Against approval of the 1955 Act annexing certain Clayton County territory to City of College Park. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 such election 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 College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvas the returns and declare and certify the results of the election, and certify the results to the Secretary of State. Section 4 (a). Anything in this Act to the contrary

Page 2888

notwithstanding the property described as Parcel Two, in Section 1, of this Act shall be taken into the corporate limits of the City of College Park, and shall become a part of said city immediately upon the approval of this Act by the Governor or its otherwise becoming a law and it shall not be necessary that a referendum election be held relative to such property and no such election as prescribed in Section 4, hereof, shall be held relative to such property. Such election shall be held, however, relative to the property described as Parcel One, in Section 1, of this Act. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia 1945, and that there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. 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. Publisher's Affidavit. State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day personally came W. Lloyd Matthews, who being first duly sworn, according to law, says that he is the editor and publisher of Clayton County News and Farmer, the official newspaper and organ of Clayton County, Georgia, published at Jonesboro in Clayton County, Georgia, and that the publication, of which the annexed is a true copy, was published in said paper on the 9th, 16th, 23rd, and 30th days of December, 1954 and on the 6th and

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13th and 20th days of January, 1955, as provided by law. /s/ W. Lloyd Matthews, W. Lloyd Matthews. Sworn to and subscribed before me, this 24th day of January, 1955. /s/ Mary L. Matthews, Notary Public. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the next regular 1955 session of the General Assembly of Georgia to annex additional territory to said city and to amend the charter of said city in other respects, the title to such bill or bills embracing said local legislation to read as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled `An Act repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes', and the several acts amendatory thereof, and for other purposes. This December 9, 1954. City of College Park, By: Henry G. Crawford, 912 N. W. Main Street, College Park, Georgia. March 7, 1955.

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GWINNETT COUNTY COMMISSIONERSCOMPENSATION. No. 270 (House Bill No. 488). An Act to be entitled an Act to amend an Act entitled, An Act to create a Board of County Commissioners for Gwinnett County and for other purposes, approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended, more particularly as amended by an Act approved August 18, 1919 (Ga. Laws 1919, p. 659), and an Act approved March 30, 1937 (Ga. Laws 1937, p. 1343), and an Act approved January 31, 1949 (Ga. Laws 1949, p. 21), by amending Section 8 of said Act relating to the compensation of the county commissioners, so as to provide that said commissioners shall be paid the sum of ten dollars ($10.00) per day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to create a Board of County Commissioners for Gwinnett County and for other purposes, approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended, more particularly as amended by an Act approved August 18, 1919 (Ga. Laws 1919, p. 659), and an Act approved March 30, 1937 (Ga. Laws 1937, p. 1343), and an Act approved January 31, 1949 (Ga. Laws 1949, p. 21), is hereby amended by striking Section 8 of said Act, as amended, relating to the compensation of the county commissioners and by substituting in lieu thereof a new section to read as follows: Section 8. Each of said commissioners shall receive ten dollars ($10.00) per day for each day they sit for or devote to, county purposes, to be paid out of the treasury of said county in monthly payments. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia during the January session, 1955, a bill to amend an Act entitled An Act to create a Board of County Commissioners of Gwinnett County, (Acts of 1915, pp. 244 to 248, inclusive) approved August 16th, 1915; and all Acts amendatory thereof, by amending section 8 of said Act, as amended by Act approved January 31, 1949, (Acts 1949, pp. 21 and 22) to change the pay of each commissioner from seven dollars and fifty cents ($7.50) per day to ten dollars ($10.00) per day, and for other purposes. 12-3t-n. Georgia, Gwinnett County. Personally appeared before the undersigned attesting officer, M. A. Allison, who on oath says that he is publisher of the News Herald, a newspaper published in the City of Lawrenceville, Gwinnett County, Georgia, being of general circulation and being the legal organ for the County of Gwinnett who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation, was duly published once a week for three weeks as required by law; said dates of publication being January 13th, 20th and 27th, 1955. /s/ M. A. Allison, By: P. M. Christian, Editor. Sworn to and subscribed before me, this the 29 day of January, 1955. /s/ Margaret W. Taylor, N. P., Notary Public, Gwinnett County, Georgia, My commission expires May 24, 1958. Seal Affixed. Approved March 7, 1955.

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LUMPKIN COUNTY COMMISSIONER. No. 271 (House Bill No. 469). An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lumpkin; to define the powers and duties of said board; to fix qualifications, terms of office and compensation of members of said board; to provide for the selection of successors; and for other purposes, approved August 11, 1919 (Ga. Laws 1919, pp. 682-688), and all Acts amendatory thereto; to create the office of Commissioner of Roads and Revenues of the County of Lumpkin; to provide for his election; to provide the term of office; to define certain qualifications; to define the duties; to provide for the proper supervision of his acts and the auditing of his books and records; to specify the compensation; to generally provide for the management of the affairs of said county; to provide for a secretary or clerk of said board; to provide for the services of an attorney when needed; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Lumpkin; to define the powers and duties of said board; to fix qualifications, terms of office and compensation of members of said board; to provide for the selection of successors; and for other purposes, approved August 11, 1919 (Ga. Laws 1919, pp. 682, 688), as amended, is hereby repealed in its entirety. 1919 Act repealed. Section 2. The county affairs of Lumpkin County shall be administered by a commissioner of roads and revenues, and for that purpose the office of commissioner of roads and revenues is hereby created; that at the general State election to be held in said county in 1956, the qualified voters thereof shall elect a commissioner

Page 2893

of roads and revenues for a term of four years, to begin January 1, 1957. His successor shall be elected at the general State election every four years thereafter. Commissioner. Section 3. In order to be eligible to hold the office of said commissioner, one must have attained the age of 30 years, must have resided in said county for four years next preceding the term for which he is elected, must be of good moral character, and must have had some practical business experience, and at least a general knowledge of bookkeeping. Qualifications. Section 4. The managers of elections held under this Act shall consolidate the returns of said elections, as provided by law for general elections held in said county, and certify the results to the Ordinary of Lumpkin County, and the one receiving the majority of votes cast in said election shall be commissioned by the Governor of the State of Georgia; however, if no candidate receives said majority, it shall be the duty of the Ordinary of Lumpkin County to provide for an election not later than ten days after the aforesaid general State elections, for a special election to name a commissioner of roads and revenues. Election. Section 5. The only eligible candidates for said special election, as outlined in Section 4 of this Act, shall be the two candidates receiving the highest votes, and after said special election has been held it shall be the duty of the Ordinary of Lumpkin County to call the managers of said election together in his office the day following said special election, for a consolidation of the votes, which shall be compiled as provided for in general State elections, and the candidate receiving the highest number of votes cast shall be declared the Commissioner of Roads and Revenues of Lumpkin County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Section 6. All expenses incurred in special elections, as outlined in Sections 4 and 5 of this Act, shall be borne by said Lumpkin County and paid from the treasury or

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depository of said county, and such managers and clerks as the ordinary may employ to execute the duties of holding said elections shall be paid the same per diem as is fixed by the law in holding general State elections. Expenses of election. Section 7. The commissioner, before entering on the discharge of his duties as such, shall give bond, with good security, approved by the ordinary of said county, in the sum of ten thousand dollars, payable to the ordinary of said county and his successors in office, and conditioned for the faithful discharge by said commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the grand jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, as well as for neglect or nonfeasance. Should said commissioner give a suretyship bond, he is hereby authorized to pay the annual premiums due on such bonds out of the public funds of said county. Bond. Section 8. The commissioner shall, before entering upon the duties of his office, make and subscribe to an oath before the ordinary of said county to faithfully discharge his duties and to carry out the provisions of this Act, to the best of his skill and knowledge and to the best interest of the entire County of Lumpkin. Oath. Section 9. The commissioner shall devote his full time to the business and interest of said County of Lumpkin in the performance and discharge of his duties, and shall receive as compensation for his time four thousand eight hundred dollars ($4800.00) per annum, payable monthly. Compensation. Section 10. The commissioner shall have and maintain an office for the transaction of business at the courthouse in said county, provided there is an available room in said courthouse; otherwise at some convenient place in Dahlonega near the courthouse. The office of said commissioner shall remain open during the regular hours

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of business on all days except Saturdays, Sundays and holidays. Office. Section 11. Said commissioner shall be furnished a commercial truck at such times as are necessary for transportation while on official business for the county. Truck. Section 12. The commissioner is hereby vested with exclusive jurisdiction and control over the following to wit: In directing, controlling and caring for all the property of the county, according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private roads, private ways, bridges and ferries, according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in supervising the tax collector or commissioner's books; and in allowing the insolvent lists, for said county, according to law; in setting all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collection, or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement; and especially is he charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; he may require from all such officers, subject to an examination, such reports as may be necessary to keep such commissioner fully informed at all times of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules and regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as may be provided for; and generally to have and exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance, in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and

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guards of convicts and chaingang, janitor of the courthouse, superintendent of pauper farm, should one be established, county physician and health officer, tax assessors and county policeman, and other officers and guards as needed and authorized by law; and such commissioner shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the commissioner and represent the county in such matters as the commissioner may direct, who shall be paid such a salary or compensation as the commissioner may direct, out of the regular funds of the county, with authority of said commissioner to fix his term of office or to discharge him at any time. Said commissioner shall have entire control of the convicts of said county sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. The said commissioner shall also have the right and authority to discontinue the chaingang, and, to let the misdemeanor convicts sentenced in the lower courts to other counties under such terms and conditions as may be fixed by the said commissioner and approved by the Prison Commission of Georgia, and shall also have the right to reassign to some other Georgia county, Lumpkin County's felony convicts under the sanction and rules of said Prison Commission of Georgia. Powers and duties. Section 13. All purchases of and for said County of Lumpkin or its several departments, or for its several officers, and all contracts for such purchases, as well as any other contracts purporting to bind said county, shall be made by said commissioner, and no purchase or contracts whatsoever made by any other person, officer or employee of said county shall be binding on said County of Lumpkin, but the same shall be null and void. Purchases, etc. Section 14. The commissioner shall be and is authorized to employ and fix the compensation of wardens,

Page 2897

guards, superintendents of roads and such other employees as may be necessary for the proper building, maintaining and repairing roads and bridges; for operating the county chaingang; or any other matters within the jurisdiction of said commissioner. All persons employed by said commissioner in the administration of the affairs of said county shall be discharged or dismissed by said commissioner whenever such commissioner shall find that it is to the interest of said county for such employees to be discharged or dismissed, with or without notice. All contracts of employment outstanding at the time this Act becomes effective shall be subject to cancellation either with or without notice; and other contracts for services or supplies and materials which are not performed and which are subject to cancellation may be cancelled by the commissioner, and in the event of such cancellation neither the commissioner nor the county shall be responsible to the other contracting party for damages. County employees. Section 15. The commissioner is authorized to hire a secretary at a salary to be determined by the commissioner, who shall keep the minutes of all of the acts and proceedings of said commissioner and shall keep a system of books according to modern methods in which shall be properly entered all the receipts, purchases, expenses and disbursements of said commissioner, properly itemized and dated, and also showing the amount of all unpaid notes, drafts, checks and obligations that have been made or issued by said commissioner, and also showing the true financial condition of the county; that said commissioner, at the end of each quarter, shall have made up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter; also such outstanding obligations as he or his predecessor in office shall have made. Said statement shall be published in the official organ of the county provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event one dollar and fifty cents ($1.50) per hundred

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words. If the commissioner cannot obtain the publication of said account or statement at a satisfactory price by the official paper of the county or some other newspaper with a general circulation in the county, then he shall erect a bulletin board in the rotunda of the courthouse in view of the general public and post such statement thereon. Commissioner's secretary. Financial statement. Section 16. The Clerk of the Superior Court of Lumpkin County may be selected to act as secretary to the commissioner of said county by said commissioner if said commissioner sees fit and proper to make such selection. Section 17. The commissioner shall have the books and accounts of all officers of said County of Lumpkin, who in any way handle any of the public funds of said county, auditied by a certified public accountant of this State immediately after he takes charge of the affairs of said county to cover such period as he deems advisable, and every year thereafter. Said audit shall be filed in the office of said commissioner of roads and revenues of said county, and shall at all times be subject to inspection by any citizen or taxpayer of said county. Audits. Section 18. The commissioner may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same, or from any other person or persons or from the State government, or the United States Government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the road or bridges designated by the contributor. Contributions for improvements. Section 19. The commissioner shall make no contract for service or for the purchase of any article or material whatsoever with any person who is related to him within the third degree of consanguinity or affinity, and wherever practical, all purchases of over five hundred dollars

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($500.00) of equipment, material and supplies shall be purchased by competitive bids. Contracts. Section 20. The commissioner of roads and revenues is hereby given the right and authority to exercise the power of eminent domain by taking private property, located within Lumpkin County for public purposes, whenever needed. Said right and power shall be exercised as provided by law. Eminent domain. Section 21. At the commissioner's meetings he shall be clothed with the powers of the court, subject to the rules that govern, define and control the powers of the court of ordinary, when sitting for county purposes. Powers and duties. Section 22. It shall be the duty of said commissioner, in all roads and bridge work done in said county, to keep always in view what will be to the greater good of the greatest number, and this policy shall be uniformly observed by said commissioner. Same. Section 23. It shall be the duty of said commissioner to have the main streets and thoroughfares of the in-corporated cities and towns of said county, which are continuous or extensions of public roads leading into or from said cities or towns, worked and kept in repair in the same manner as the public roads of said county are worked and maintained outside of said cities or towns of said county. Same. Section 24. In case of a vacancy in the office of commissioner, by reason of death, resignation, or otherwise, the ordinary of said county shall serve as commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the clerk of the superior court of said county, and held within thirty days after the death or resignation or other cause resulting in such vacancy. All rules and regulations governing such special election for such vacancy as caused in this section shall be as those employed by law in other vacancies of county offices of said county. Vacancy.

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Section 25. The commissioners now holding office shall serve until their terms expire or until the commissioner herein provided for shall be elected and qualified. Incumbents. Section 26. Not less than fifteen nor more than thirty days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Lumpkin County to issue the call for an election for the purpose of submitting this Act to the voters of Lumpkin County for approval or rejection. The date of the election shall be set for a day not less than twenty nor more than thirty days after the date of the issuance of the call. 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 Lumpkin County. The ballot shall have printed thereon the words: For approval of Act to reduce the number of Commissioners of Roads and Revenue of Lumpkin County from three to one, and for other purposes. Against approval of Act to reduce the number of Commissioners of Roads and Revenues of Lumpkin County from three to one, and for other purposes. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote 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 such election 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 Lumpkin County. It shall be the duty of the ordinary to hold and conduct such election. 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 27. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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Notice. Notice is given of intention to introduce in the Georgia General Assembly a bill proposing to amend an Act creating the Board of Commissioners of Roads and Revenues for Lumpkin County, and for other purposes. This 20th day of January, 1955. Fred Jones, Jr. Representative, Lumpkin County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred C. Jones, Jr., who, on oath, deposes and says that he is Representative from Lumpkin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget, which is the official organ of Lumpkin County, on the following dates: January 20, 27, 1955 and February 3, 1955. /s/ Fred C. Jones, Jr. Representative, Lumpkin County. Sworn to and subscribed before me, this 4 day of February, 1955. /s/ C. E. Cauch, Notary Public. (Seal). Approved March 7, 1955. EAST ELLIJAY CHARTER AMENDED. No. 272 (House Bill No. 509). An Act to amend an Act incorporating and establishing the City of East Ellijay in the County of Gilmer, approved

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March 27, 1941 (Ga. Laws 1941), by amending Section 27 of said Act so as to authorize and empower said City of East Ellijay to contract with any municipality for the purchase of water for the use, consumption and protection of the inhabitants of said city and its suburbs, 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 27 of the Act incorporating and establishing the City of East Ellijay, approved March 27, 1941 (Ga. Laws 1941), be amended by adding after the word them, in line 5 on page 1387 of the Georgia Laws, 1941, the following language: or may contract with any municipality for the purchase of water, so that said Section 27 as amended shall read as follows, to wit: Section 27. Be it further enacted, that the said City of East Ellijay created by this Act shall have power and authority to establish, own and maintain and operate a system of water works, electric light plant, gas works, and sewerage system, or any of them, or may contract with any municipality for the purchase of water, for the purpose of supplying the inhabitants and the city as well as customers generally within the city limits and its suburbs, with water, lights, electricity, or gas for power purposes, sewerage, or any of them, and the mayor and aldermen of said city shall have full power and authority to do any and all things necessary for such purposes, to contract with any person for the purchase of land or premises and water rights, to be used in connection therewith, whether within or without the city, and if necessary to condemn the same as in this charter provided. Said mayor and aldermen shall have the authority to make contracts for the purchase of plants, machinery and appliances, and do any acts necessary in connection with the same not in conflict with the powers vested in the water, light, sewer and bond commission created by this Act for said city. Utilities.

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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. State of Georgia, County of Gilmer. Personally appeared before the undersigned officer, C. F. Owen, who, after being duly sworn on oath, deposes and says that he is the owner and publisher of the Times-Courier, a newspaper published and having general circulation in the County of Gilmer 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 25th, December 2nd and 9th, 1954. /s/ C. F. Owen. Sworn to and subscribed before me, this January 14, 1955. /s/ Avary Dimmock, Jr. Notary Public, Gilmer County, Georgia. My commission expires Sept. 10, 1958. (Seal). Notice of Local Legislation. Notice is hereby given under Section 47-801 of the Code of Georgia 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 amend Section 27 of the Act incorporating and establishing the City of East Ellijay, approved March 27, 1941, so as to authorize and empower said City to contract with any municipality for the purchase of water for the use and consumption of the inhabitnats of the City of East Ellijay and its suburbs. This 22 day of November, 1954. N. A. West, Mayor, City of East Ellijay. Approved March 7, 1955.

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WALTON COUNTY COMMISSIONERSAMENDMENTS. No. 273 (House Bill No. 560). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Walton County, approved August 1, 1929 (Ga. Laws 1929, p. 747), as amended, particularly by an Act approved March 6, 1939 (Ga. Laws 1939, p. 765), so as to provide that powers relative to purchasing and contracting shall be vested in the entire board; to provide that the chairman shall carry out the directives of the board; to prescribe the procedure connected with the foregoing; ro repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Roads and Revenues of Walton County, approved August 1, 1929 (Ga. Laws 1929, p. 747), as amended, particularly by an Act approved March 6, 1939 (Ga. Laws 1939, p. 765), is hereby amended by striking in its entirety Section 14 and inserting in lieu thereof a new Section 14, to read as follows: Section 14. Be it further enacted by the authority aforesaid that the chairman of said board shall receive as his compensation the sum of thirty-six hundred dollars per annum, payable monthly out of the county funds on his own warrant signed also by the clerk of said board. The four other members of said board shall receive as their compensation the sum of two hundred and fifty dollars per year each, payable monthly out of the county funds on the warrant of the chairman of said board signed also by the clerk of said board. The chairman shall give his whole time and attention to the business of said county and shall keep his office in the court house in the City of Monroe. All powers to purchase and contract shall vest in the full five (5) man board. All contracts shall be approved and signed by a majority

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vote of said board before they are entered into, and all purchases over or as much as five hundred ($500.00) dollars shall be approved by a majority vote of said board before said purchase is made (the sum of $500.00 being the total consideration involved, including tradeins). The full board is hereby vested with complete authority and control over all county matters. The chairman shall bring all matters pertaining to the duties of the board to the attention of the board at its regular meeting each month and he shall perform the duties of the board as directed by a majority vote of said board. On all matters not discussed and voted on at the regular meeting of the board each month, and matters arising during the interim between the dates that the board meets, it shall be the duty of the chairman to contact a majority of said board and get their approval, in writing, and the same shall be entered upon the minutes of said board. The chairman shall superintend all the work done by said county whether under contract or by hired labor. Custody and control over all county property is hereby vested in the full five (5) man board and it shall be used as directed by a majority vote of said board. All contracts and all purchases, and all votes taken by the board, shall be listed and entered upon the minutes of said board. Compensation. Contracts. Powers and duties of chairman. Section 2. 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 the certificate, was published in the Walton Tribune in

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the issues of January 26, 1955, February 2, 1955, and February 9, 1955. /s/ Sanders Camp Sanders Camp. Sworn to and subscribed before me, this 10 day of February, 1955. /s/ J. E. Briscoe, Jr. Notary Public, Walton County, Ga. My comm. expires July 10, 1956. Notarial Seal Affixed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the January, 1955, session of the General Assembly of Georgia a bill to amend an Act creating the Walton County Commissioners of Roads and Revenues, as amended, said amendment to be amended being Section 14, as found on pages 769, 770, of the Acts of 1939, Georgia Laws, by striking the same in its entirety and inserting a new Section 14 to provide that powers to purchase and contract shall vest in the full five (5) man board; that the chairman, as executive office for the board, shall in all matters act as directed by a majority vote of said board; to reinstate certain parts of said Section 14; and for other purposes. This 17th day of January, 1955. /s/ Geo. W. Sims, C. L. Bradley, S. G. Bradley, P. W. Jackson, Robt. A. Breedlove. Approved March 7, 1955.

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CITY COURT OF LAGRANGEJUDGE'S SALARY. No. 274 (House Bill No. 293). An Act to amend an Act entitled An Act to establish the City Court of LaGrange, Troup County, Georgia; to define its jurisdictional powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases from said city court to the Supreme Court by bills of exception or writ of error approved February 15, 1899 (Ga. Laws 1899, p. 385) and all amendatory Acts thereof. The Act here amended was approved March 3, 1953 (Ga. Laws 1953, p. 2964, Jan.-Feb. Sess., which Act amended amending Act of 1949 (Ga. Laws 1949, p. 1947), by amending Section One of said amending Act of 1953, as amended so as to change and increase the salary of the Judge of the City Court of LaGrange, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section One (1) of the Act approved March 3, 1953 (Ga. Laws 1953 p. 2964) fixing the salary of the Judge of the City Court of LaGrange is hereby amended by striking the figures $6,000.00 per annum in the third line of said section as amended, and substituting in lieu thereof the figures and words $8,000.00 per annum beginning January 1, 1955, so that said section as amended shall read as follows: Section 2. Be it enacted by the authority aforesaid that the salary of the Judge of the City Court of LaGrange shall be $8,000.00 per annum beginning January 1, 1955, which said salary shall be paid monthly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Commissioners of Troup County, Georgia, to make provisions

Page 2908

annually in levying taxes for this purpose. Said judge is hereby prohibited from practicing law in any of the courts of Troup County, Georgia. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and says that he is the business manager of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: has been published in said LaGrange Daily News, to wit: Jan. 1, 1955, Jan. 7, 1955, Jan. 14, 1955, being 3 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, Business Manager. Sworn and subscribed before me, this 24 day of Jan., 1955. /s/ E. W. Fleming, Notary Public, Troup County. (Seal). Legal Advertisement. Legal No. 6082, Jan. 1, 7, 14. Notice of Local Legislation. Notice is hereby given that pursuant to Paragraph 15 of Article 3 of Constitution of Georgia (Code Sec. 2-1915) that there will be introduced in the General Assembly

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of Georgia during the regular session of 1955 which begins on January 10, 1955, a local bill, the title of which is as follows: An Act to amend an Act entitled An Act to establish the City Court of LaGrange, Troup County, Georgia; to define its jurisdictional powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases from said city court to the Supreme Court by bills of exception or writ of error approved February 15, 1899 (Ga. Laws 1899, p. 385) and all amendatory Acts thereof. The Act here amended was approved March 3, 1953 (Ga. Laws, p. 2969, Jan.-Feb. Sess.), which Act amended amending Act of 1949 (Ga. Laws 1949, p. 1947) by amending Section One of said amending Act of 1953, as amended, so as to change and increase the salary of the Judge of the City Court of LaGrange, to repeal conflicting laws, and for other purposes. This January 1, 1955. Frank C. Birdsong, C. O. Lam, Representatives for Troup County, Georgia. Approved March 7, 1955. JENKINSBURG CHARTER. No. 275 (House Bill No. 340). An Act to create a new charter for the Town of Jenkinsburg, Georgia; to define the corporate limits thereof; to define the powers and authority of said municipality; to provide for election of mayor and council and fix their term of office, powers and duties and compensation; to provide for a mayor's court and fix its

Page 2910

powers and duties; to provide for police regulations; to provide for the registration of voters and the manner of holding elections; to provide for board of registrars and their duties; to provide for the election of employees and fix their duties; to provide for the raising of revenues by taxation; business licenses etc.; to provide for the manner of improving and working roads, streets and sidewalks thereof; to provide for abatement of nuisances; to provide for the establishment of waterworks and the operation thereof; to provide for the levy of sanitary tax; to provide for the acquisition of property and for other purposes. Section 1. The corporate limits of the Town of Jenkinsburg shall extend one-half (1/2) mile from the center or what was the center of the railroad platform at the station of Jenkinsburg, said distance to be in a radius from the center of said platform at railroad station, said limits to be as is now. Limits. Section 2. Said Town of Jenkinsburg, under and by said name, shall have perpetual succession and is hereby vested with all the rights, powers and privileges incident to municipal corporation of this State of cities thereof, and all rights, powers, titles, property easements and hereditaments within or without its corporate limits, now belonging to said Town of Jenkinsburg, be and are hereby vested in said Town of Jenkinsburg as delegated by this incorporation and by virtue of same may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and councilmen may deem best and which shall be consistent with the laws of the State of Georgia and the United States. And the said Town of Jenkinsburg 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 of whatever kind and within or without the limits of

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said town; and for corporate purposes said Town of Jenkinsburg, created by this incorporation shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts and undertaking of said Town of Jenkinsburg and its mayor and council as a body corporate as heretofore incorporated. Corporate powers. Section 3. The municipal government of the Town of Jenkinsburg shall consist of and be vested in a mayor and five councilmen; said mayor and councilmen shall have full power and authority to make and establish rules, regulations, laws and ordinances as may seem best and proper pertaining to streets, drainage, bridges, automobiles, bicycles, and other vehicles, warehouses, sales and delivery stables, cafes and eating places, shows, theatres, circuses, carnivals, bowling alleys or other places of amusement, stores, markets, soda fountains, barber shops and all other businesses carried on within said town; telegraph and telephone companies, railroads or other common carriers, and any and all other businesses which may seem best to the health, peace, and protection and enjoyment of the inhabitants thereof; to pass such ordinances for suppression of immorality and crimes in said town, not in conflict with the laws of the State and the United States; to prescribe punishment therefor and in addition hereto pass such other ordinances for the best interest of its inhabitants not in conflict with the laws of Georgia and the United States. Powers of mayor and council. Section 4. The mayor shall be the chief executive of said town. His duties include the presiding at all meetings of the council; to see that all meetings are carried on in a parliamentary manner, to inflict punishment for contempt of any and all persons guilty of contempt before said council, to see that all ordinances, regulations and resolutions of said council are executed and enforced, to appoint all committees of which he is ex officio a member, to see that all funds are represented by proper vouchers and properly accounted for, to see that the books and records of said town are kept correctly, to convene council in special sessions at any time he may deem best, to try all persons charged with the violation of any

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ordinance of said town and to impose sentence for such violations within the limits as herein provided; to punish for contempt of court; to bind said town by signing any and all contracts or other matters or obligations authorized by council by proper ordinance and to do any and all things as may seem just and proper in the affairs of said town as he may be authorized to do so by said council. Mayor's duties. Section 5. The present mayor and council shall hold office until the regular election of officers for said town as hereinafter set out. Incumbents. Section 6. On the first Saturday in December of each year there shall be elected for said town by the qualified voters therein a mayor and five councilmen among the qualified voters of said town, for a period of two years but in the following manner, viz: at the first election two council to serve for one year and a mayor, and three councilmen to serve for two years, until their successors are elected and qualified, candidates to be elected by a plurality vote. Such managers shall make a return of such election to the mayor and council then in office, who shall declare the result and cause the same to be entered upon the minutes of their proceedings. All persons shall be qualified to vote at such election who have been bona fide resident in the said town for sixty days next preceding the date of such election and are qualified to vote for members of the General Assembly for Butts County and have complied with all of the ordinances which may have been passed by said mayor and council for the registration of voters of said town. Election and terms of mayor and council. Section 7. Should the office of mayor or councilman become vacant by death, resignation, removal or otherwise, such vacancy or vacancies may be filled by appointment or election by the remaining mayor and council to fill the unexpired term thereof. Vacancies. Section 8. The mayor and council at their first regular meeting in December of each year shall elect one

Page 2913

of their councilmen mayor pro tem., who shall, in 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 9. It shall be the duty of the clerk of said town, immediately to open a registration book for the registration of qualified voters of said town after each election. Said book shall be kept open each day except Sundays and holidays until twenty days before any election, regular or special, 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 is again opened following such election. 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 twelve months, in the county six months and in the Town of Jenkinsburg sixty days next preceding his registration or that by the date of the next town election, if you are still a resident of the town, you will have fulfilled these conditions; that you are 18 years old; and that you have made all returns required of you by the ordinances of this town; so help you God. Registration of voters. No person registering in said book shall be required to again register as a qualified voter of said town so long as he remains a resident of said town and does not disqualify himself, it being the intention hereof to provide a permanent registration system for said town. Section 10. The mayor and council at their first meeting shall elect three registrars, who shall be registered and qualified voters of said town. It shall be the duty of said registrars to make and prepare a list of the registered and qualified voters of said town and furnish same properly verified to the clerk. Such registrars shall take and subscribe to an oath to faithfully and impartially perform the duties devolved upon them as registrars.

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They shall receive such compensation as the mayor and council shall prescribe. The term of office shall be a period of one year. Registrars. Section 11. Any citizen shall have the right of appeal from the decision of the clerk, refusing said person from registering; such appeal shall be made to the board of registrars within five days from said refusal and said board shall determine the eligibility of said person to register and their decision shall be final. Appeals. Section 12. Said board of registrars shall have full authority to purge said registration list of qualified voters for any election, but said board shall give notice in writing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, such notice setting for the time and the place of such hearing on the matter and no person shall be stricken from said list until he or she is given the opportunity aforesaid. Mailing notice to such persons shall be sufficient notice. If such persons fail to appear the board may proceed to strike such names from said list if they find they are so disqualified. Purging of voters' list. Section 13. At the first regular meeting of the mayor and council after the election as aforesaid, in addition to the election of mayor pro tem. as aforesaid, they shall proceed to elect a town clerk and treasurer; said clerk and treasurer may be required to give bond for faithful performance of the duties of said office; they shall also elect a chief of police and such other policemen as is necessary for the protection of said town; they shall elect other officers should they deem it necessary for the best interests of the town, all of whom shall take an oath for the faithful performance of their respective duties and may be required to give bond in such amounts as said mayor and council may deem best, said bonds payable to said Town of Jenkinsburg. Said mayor and council shall have authority to suspend and remove said officers in their discretion. It shall be the duty of the mayor and council to fix the salaries of such officers as well as salaries of mayor and councilmen, which when

Page 2915

once fixed shall not be increased during their respective terms of office. However, the salary of the mayor shall not exceed the sum of one hundred dollars per year; the salary or compensation of said councilmen shall not exceed the sum of fifty dollars each per year; the compensation of said clerk and treasurer shall not exceed the sum of five hundred dollars per year; the salary of marshal or chief of police shall not exceed the sum of one hundred dollars per month. All expenditures for town purposes shall be paid out of the town funds by an order drawn by said clerk after said mayor and council have approved the same. Officers. Salaries. Section 14. The mayor and three councilmen shall constitute a quorum for the transaction of any business before said body and a majority of the votes cast shall determine any question before them, provided that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said mayor and council the mayor or mayor pro tem. if he be presiding shall be entitled to a vote in case of a tie. The mayor shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen; but unless said mayor shall file in writing with the clerk of said town his veto of any measure passed by that body, with the reasons for said veto within three days from its passage the same shall become a law just as if signed and approved by said mayor, but he may approve the same and same shall take effect immediately upon its passage. Meetings of council. Ordinances. Section 15. The mayor or in his absence the mayor pro tem., or in the absence of both any councilman may hold and preside over a court in said town, to be called the Police Court for the trial of all offenders against the laws and ordinances of said town as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said officers of said court shall

Page 2916

have the right to try any offender without first having written charges preferred against him or her. Said court shall have the power to punish all violators of the charter or ordinances of the town by a fine not to exceed one hundred dollars, imprisonment in the town prison or county jail not to exceed sixty days or to work on the streets of said town for sixty days, but said confinement or work upon said streets shall not be invoked except upon failure or refusal to pay said fine, an alternate sentence to be fixed in all cases. Police court. Section 16. Said mayor or mayor pro tem. in case he be presiding shall have the power in said police court, if the offense charged against the prisoner shall be beyond his jurisdiction to examine into the facts of the case, and commit the offender to jail or bail them if the offense is bailable to appear before the court of Butts County Superior Court. Commitments. Section 17. For the purpose of enabling the mayor and councilmen to know at all times the true financial condition of said town, the clerk, when called upon to do so, shall prepare and read at a regular session of the mayor and council, a statement showing the probable gross income of the city for the fiscal year and the amount of money which has been expended and voted to be expended up to the date of such statement. Such statement shall be entered upon the minutes if so directed and such body may authorize the publication of the income and expenditures for each preceding quarter. Financial statements. Section 18. The clerk of said town is authorized and shall receive all returns of property for taxation, both real and personal, assess and double tax all property not returned in said town for taxation; the clerk shall collect all taxes and licenses, fees, due said town and keep such records as is necessary of said office for the proper handling the funds of said town. The clerk shall perform all such duties as may be imposed upon same by the mayor and council for said town. Clerk's duties. Section 19. The said mayor and council shall appoint

Page 2917

or elect three citizens of said town who shall be known as a board of tax assessors for said town, and said board is vested with full power and authority to assess for taxation the fair market value of all property; real, personal and otherwise, subject to taxation by said town, so that said property shall stand upon the tax digest as its reasonable and fair market value. It shall be the duty of said board at all times to locate property that is not duly returned for taxation, to equalize taxation and to ascertain the fair and reasonable market value of all property subject to taxation by said town. Said assessors shall receive reasonable compensation for their services, to be fixed by the mayor and council. When any property subject to taxation by the Town of Jenkinsburg has not been returned for taxation by the first day of April, as required by law, it shall be the duty of the board of tax assessors to assess said property for taxation at its fair market value. When any such property has been returned for taxation at a value which in the opinion of the said board of tax assessors less than its fair market value, it shall be the duty of said board to assess it for taxation at such value. When any assessment is made as provided herein, it shall be the duty of the clerk within ten days after the making of said assessment, to give to the owner of said property notice in writing of said assessment provided that same has been raised. Such notice shall specify the amount of assessment made, indicate the property assessed, and shall infer the owner that he may be heard on the justice and fairness of said assessment, giving the time and place of said hearing, at which time and place a full legal hearing shall be afforded by said board. Such notice to said owner shall be by mail, not registered, or by personal notice in writing, by the officers of said town, and if by mail to the last known address of the owner of such property, and no other notice shall be required. Proof of the mailing of such notice shall be conclusive. If, for any reason, such notice cannot be given by mail, notice may be given by posting in the city hall of such notice in a conspicuous space. If the owner of any such property fails or refuses to appear either in

Page 2918

person or by agent at the time and place designated in said notice, then the assessment made shall be final. Any taxpayer who shall be dissatisfied with any such assessment may appeal to said mayor and council for a correction of such assessment within fifteen days after assessment shall have been returned, and the judgement of said mayor and council thereon shall be final. Taxation. Section 20. It shall be the duty of the police officers to make and it is lawful for said officers to make arrests in the Town of Jenkinsburg without warrant any person or persons, within the corporate limits of said town, who have been suspicioned of violating any ordinance of said town, and to hold said persons so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officer or officers are authorized to imprison and confine said person arrested by them in the city prison or in the county jail of Butts County, Georgia, for a reasonable length of time. The policemen of said town 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 said policemen are authorized further to make arrests of any violations of any State law and hold said persons in custody for trial in the mayor's court of said town. The town policeman or policemen 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 for non appearance and the forfeiture of said bonds may be done by the officers of said police court in lieu of fine. Arrests. Appearance bonds. Section 21. The Mayor and Council of the Town of Jenkinsburg, shall have power to organize a chaingang or work gangs, and confine therein persons who have been sentenced to work on the streets of said town; and to make such rules and regulations as seem necessary for the care, management or control of said chain gangs and to enforce same through its proper officers. Work gangs. Section 22. All officers elected by said mayor and

Page 2919

council shall discharge all of the duties in addition to those prescribed in this Act as are, and may be, prescribed by ordinances of said mayor and council and shall give such bonds for the faithful discharge of their respective duties as said mayor and council may require; and further such officers shall take and subscribe to an oath he will faithfully and impartially discharge the duties of his office to the best of his skill and ability. Bonds of officers. Section 23. Said mayor and council shall have full power and authority to declare what shall be a nuisance and to abate the same and provide for the punishment of any person who may create or continue such nuisance; to compel the owner or user of any cellar, stable, pig sty, sewer or any unwholesome or nauseous houses or places in said town to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said town; to establish and maintain quarantines against contagious or infectious diseases; to establish and regulate cemeteries within or without the corporate limits of said town; to acquire lands therefor by gift, bequest or otherwise and to require burial permits to be issued before any body can be interred with the town limits of said town. Welfare powers. Section 24. The mayor and council of said town shall have the authority to declare fire limits in said town; they shall have the power to determine what buildings shall be erected in said town and make such rules and regulations regarding the type and structure of any building in said town and to that end require building permits. Said mayor and council shall have the authority to declare any building or structure in said town unsafe and dangerous and to condemn the same to be repaired or removed at the expense of the owner after giving such owner ten days' notice and an opportunity of being heard in regard thereto. Fire protection. Section 25. Said mayor and council shall have full power and authority to open, lay out, widen, straighten and otherwise change streets, alleys and squares in said city; to establish and fix such systems of grading and

Page 2920

draining the streets of said town as they may deem proper; to condemn private property for any of these purposes under the eminent domain laws of this State. Streets, sidewalks, etc. Section 26. For the purpose of raising revenue for the support and maintenance of the government of said town and defray the ordinary current expenses thereof, said mayor and council shall have full power and authority and it shall be their duty, to provide by ordinance for the levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said town not exceeding one per centum thereof. Said levy shall be fixed after the return and assessment of said property as provided heretofore and before the first day of October in each year. All taxes so levied shall be due and collectible on the 20th day of December of the year for which they shall be levied. The clerk shall issue executions on all property for which taxes are not paid by December 20th and proceed to advertise and levy upon same as provided by law pertaining to the collection of ad valorem tax. All taxes not paid by December 20th, or when due shall bear interest at the legal rate from date when same were due. Ad valorem tax. Section 27. Said mayor and council shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying on any trade, business, calling or avocation within the corporate limits of said town to register their names and businesses, callings, trades and avocations annually and to require them to pay for such registration and for license to engage in, prosecute or carry on the same, not exceeding fifty dollars per annum. Business licenses. Section 28. Said mayor and council shall have full power and authority to license billiard tables and tenpin alleys, shooting galleries and all public billiard tables kept or used for the purpose of playing or renting and charge for said license not exceeding the sum of one hundred dollars per annum. Amusements. Section 29. Said mayor and council shall have power

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and authority to levy and collect from itinerant traders who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said town, such tax to be as to them may seem proper and just. Itinerant traders. Section 30. The annual expense of said town shall be so restricted as not to exceed the annual income thereof. Expenditures. Section 31. The Mayor and Council of the Town of Jenkinsburg shall have authority to employ competent counsel for said town, whose salary or compensation, term of office and duties shall be fixed by ordinance. City counsel. Section 32. Said mayor and council shall have the right and authority to establish a waterworks system in said town; to grant franchises to any person, firm, or corporation for said purpose. Waterworks. Section 33. Said mayor and council are hereby authorized and they shall have the power to assess, levy and collect a sanitary tax and to create and maintain a sanitary department of said town, to prescribe and fix the duties of the same. They shall have the right by ordinance to prescribe sanitary regulations for the said Town of Jenkinsburg and collect the same against any person, firm or corporation within the limits of said town for whom the sanitary department may render service. Sanitation. Section 34. Said mayor and council shall have the authority to regulate or prohibit the soliciting of funds in the Town of Jenkinsburg. Section 35. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same is, hereby repealed. Section 36. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of

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the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Georgia, Butts County. In person appeared before me, an office authorized by law authorized to administer oaths, J. D. Jones, Sr., who after being sworn deposes and says that he is the editor of the Jackson Progress Argus, Jackson, Georgia, a newspaper having circulation in Butts County, Georgia, and in which sheriff's sales are advertised, and that the attached notice of proposed legislation was published in said newspaper on the following dates, viz: December 16, 1954; December 23, 1954 and December 30, 1954. /s/ J. D. Jones. Sworn to and subscribed before me, this 26 day of January, 1955. /s/ H. H. Caldwell, Clerk of Superior Court. Butts Co., Ga. Notarial Seal Affixed. Thursday, December 30, 1954. Legals. Notice of Proposed Legislation. Notice is hereby given that at the January 1955 session of the General Assembly of Georgia, there will be introduced a bill to create a new charter for the Town of Jenkinsburg, Georgia; to define the corporate limits thereof; to define the powers and authority of said municipality; to provide for election of mayor and council and fix their term of office, powers and duties and compensation; to provide for a Mayor's court and fix its powers and duties; to provide for police regulations; to provide for the registration of voters and the manner of holding elections; to provide for board of registrars and their duties; to provide for the raising of revenues by

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taxation; business licenses, etc.; to provide for the manner of improving and working roads, streets and sidewalks thereof; to provide for abatement of nuisances; to provide for the establishment of waterworks and the operation thereof; to provide for the levy of sanitary tax; to provide for the acquisition of property and for other purposes. This December 13, 1954. Mayor and Council of Jenkinsburg, Herman W. Apple, Mayor. 12-16-3tc. Approved March 7, 1955. NEWTON COUNTY TREASURER'S SALARY. No. 276 (House Bill No. 570). An Act to amend an Act entitled An Act to fix the salary of the Treasurer of Newton County, and to provide for the payment thereof, and for other purposes., approved August 14, 1915 (Ga. Laws 1915, p. 320), as amended, particularly by an Act approved February 8, 1950 (Ga. Laws 1950, p. 2225), so as to increase the salary of the Treasurer of Newton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to fix the salary of the Treasurer of Newton County, and to provide for the payment thereof, and for other purposes., approved August 14, 1915 (Ga. Laws 1915, p. 320), as amended, particularly by an Act approved February 8, 1950 (Ga. Laws 1950, p. 2225), is hereby amended by striking the words and figure twelve hundred ($1200.00) dollars from Section 1, and in lieu thereof inserting the words

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and figure fifteen hundred ($1500.00) dollars, so that Section 1, as amended, shall read: Section 1. That from and after the passage and approval of this Act unless a vacancy occurs by death or otherwise, the Treasurer of the County of Newton of said State shall be paid a salary of fifteen hundred ($1500.00) dollars per annum for his services as such treasurer, and he shall not receive any fees, commissions or perquisites from said office, except the commissioner of roads and revenues of said county shall, and is hereby authorized, to pay the premiums on the bond required by law to be given by said treasurer, out of the general county funds, which together with the salary above provided, shall be in full for all services rendered by him as such treasurer. Salary. Section 1-A. The provisions of this Act shall be effective as to any salary paid after January 1, 1954. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia bills relating to the compensation of the County Commissioner, and the County Treasurer of Newton County. This 26th day of January 1955. W. C. Ivey, Representative, Newton County. 3TCJa27. Georgia, Newton County. Personally appeared before me, a notary public, the undersigned, Belmont Dennis, who, on oath, says that he is the publisher of the Covington News, Weekly Edition, a newspaper published in the City of Covington, Georgia, being of general circulation and being the legal organ for the County of Newton, who certifies that legal notice,

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a true copy of which is hereto attached, being notice of intention to apply for local legislation, was duly published once a week for three weeks as required by law, said dates of publication being January 27, February 3 and February 10, 1955. /s/ Belmont Dennis. Sworn to and subscribed before me, this 10th day of Feb., 1955. /s/ Arthur Henderson, Sr. Notary Public, Newton County, Georgia. My Commission expires August 6, 1958. (Seal). Approved March 7, 1955. GWINNETT COUNTYZONING. No. 277 (House Bill No. 484). An Act to authorize the Board of County Commissioners of Gwinnett County, Georgia, to establish restricted zones and districts; to define the boundaries and limits of such zones or districts; to prohibit the erection of different kinds of buildings or structures therein and the use or maintenance thereof; to adopt ordinances, rules and regulations for the enforcement of this Act; to provide for altering or changing the boundaries of or restrictions upon any area or areas zoned or restricted under the terms of this Act; to provide for the enforcement of the same; to provide permits to build, construct, erect, change, alter or modify any building or structure in Gwinnett County, Georgia; to provide for a fee or charge for said permit; to provide that any structure built, maintained, used, altered, erected, or modified, contrary to the provisions of this Act, or the rules, regulations, and ordinances authorized by this Act, or without a permit, shall be a nuisance and to fix the method of abating

Page 2926

the same; to provide a penalty for the violation of this Act, any provision thereof, or of any rules, regulations and ordinances made in pursuant to the provisions of this Act; to provide for a board of zoning and planning and to fix their term of office, appointment, powers and duties and compensation; to provide for a board of adjustment and to fix their term of office, appointment, powers and duties and compensation; to provide for an appeal to said board of adjustment; to provide for appeals to the superior court and appellate courts of this State; to provide for hearings, for the summoning of witnesses, and for citations of contempt; to provide that if any portion of this Act should be declared unconstitutional, the remaining portions shall remain in full force and effect and shall not be affected thereby; to provide for 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 the authority of the same. Section 1. The Board of County Commissioners of Gwinnett County, Georgia, shall have the right to create and establish restricted zones or districts throughout the territorial limits of Gwinnett County: to define the boundaries and limits of said districts; to define the character and kinds of buildings or structures that may be erected in said areas or said districts; to prohibit the erection of different buildings or structures therein; to prohibit the use or maintenance of any building in such area or district except for the purposes specified, and to adopt rules and regulations for the enforcement of this Act; provided however, that said restricted areas or districts must be outside the limits of incorporated town and municipalities in said county. Districts. Section 2. The said board of county commissioners may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities or it may establish such areas or districts in any part of said county outside of such towns and municipalities. Nothing in this Act shall require said

Page 2927

commission to zone or district the entire area outside the limits of incorporated towns or municipalities. It may proceed on its own motion or on the petition of any person or persons interested in having any such area or district established. Section 3. In addition to all other powers, said board of county commissioners 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, listing 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 purpose; to provide for county planning; to provide for the regulation of division 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 that 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 ordinances, regulations and maps indicating the districts and the regulations in one district may differ from those in other districts. Regulations. Section 4. Be it further enacted that said board of county commissioners shall have the right to establish zones or districts in said county and said commission shall have the authority to zone or rezone any tract or parcel of land located in any zone or district so established by said commission. Section 5. Be it further enacted that any building or structure erected, occupied, used or maintained in violation of the provisions of this Act or in violation of the orders, ordinances, rules and regulations of said board of county commissioners in pursuance of this Act

Page 2928

is hereby declared to be a nuisance and it is hereby made the duty of the solicitor-general of the circuit in which Gwinnett 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 person guilty or by action to abate a nuisance or by injunction or otherwise as he may see fit. This section shall not derogate from the right of any interested person to proceed otherwise. Violations. Section 6. Be it further enacted that any person, firm or corporation violating any of the provisions of this Act or any restrictions, ordinances, rules or regulations of the board of county commissioners imposed by authority of this Act, shall be guilty of a misdemeanor and, upon conviction, shall be subject to fine or imprisonment or both, as provided by law. Section 7. Be it further enacted that no person, firm or corporation shall build, construct, erect, change, alter or modify any building or structure within the territorial limits of Gwinnett County, Georgia, without the limits of any incorporated town or municipality without first having obtained from the board of county commissioners a permit to do so. The board of county commissioners shall investigate all applications for such permits and shall grant such permits where the proposed structure, alteration, change or modification does not conflict with the terms of this Act or any zoning ordinances passed pursuant to the terms of this Act or of any zoning ordinances, rules or regulations passed by said commission pursuant to the terms of this Act and where the health, morals and general welfare of Gwinnett County will not be effected thereby. The commissioners shall refuse to grant application for any such permit where the proposed structure, change, alteration or modification is in conflict with the terms of this Act, any ordinance passed pursuant to the terms of this Act or any rule or regulation promulgated pursuant to the terms of this Act or where the general welfare, health and morals of Gwinnett County would be affected by the grant of such permit.

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Any person, firm or corporation which shall build, construct, erect, change, alter or modify any building or structure within the territorial limits of Gwinnett County as herein defined wihtout having first obtained the permit herein provided for in this section shall be guilty of a misdemeanor and upon conviction thereof shall be subject to fine or imprisonment or both as provided by law and any such structure so built, constructed, erected, changed, altered or modified contrary to the provisions of this section is hereby declared to be a nuisance and may be abated, enjoined or otherwise regulated as provided in Section V hereof. Said board of county commissioners have the authority and power to fix a fee or charge for said permits provided that said commissioners shall not fix a fee or charge for said permit which exceeds one percent of the cost of the building, construction, alteration or modification proposed to be made. Provided, however, the said commissioners may fix a minimum fee or charge not to exceed ten dollars ($10) although said minimum fee may be in excess of one percent of the cost of the proposed building, construction, alteration or modification. All fees or charges collected by said commissioners for said permits shall be paid into the treasury of Gwinnett County and shall become a part of the general fund of said county. Building permits. Section 8. There shall be and there is hereby established an advisory board to be known as the Gwinnett County Zoning and Planning Commission, which board shall consist of seven (7) members to be appointed by the Judge of the Superior Court of Gwinnett County, no two of whom shall be from the same militia district. The said judge shall appoint one member whose term shall expire April 1, 1956; two members whose terms shall expire April 1, 1957; two members whose terms shall expire April 1, 1958 and two members whose terms shall expire April 1, 1959. Thereafter, whenever the term of a member of the said board shall expire the said Judge of the Superior Court of Gwinnett County, Georgia shall appoint a member to said board for a full term of four years. Should a vacancy occur on said board because of death, resignation, removal of a member, or

Page 2930

other cause, the said judge of the superior court of said county shall appoint a member to fill said vacancies until expiration of said term. Said commission shall have the right to elect its own chairman and secretary. Said board shall fix its own meeting dates and shall meet upon call of the chairman in special meetings, whenever there is any business to be transacted requiring a special meeting. Zoning and planning commission. Section 9. The said Gwinnett County Zoning and Planning Commission shall make for certification to the board of county commissioners, a zoning plan, or plans, including both the full text of the zoning regulations, and the maps representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk and size of buildings and other structures, percentage of lot which may be occupied, size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes and the use of land for trade, industry, recreation, agriculture, water supply conservation, or other purposes. Zoning plan. Section 10. When the efforts of such commission shall have reached the stage of tentative plans, the commission shall hold at least one public hearing on each tentative plan separately submitted, notice of which hearing shall be given by publishing notice thereof in the official organ of the county, at least fifteen (15) days before the date of the hearing. The notice shall contain the time and place of hearing, and shall specify the place and time at which the tentative text and maps of the zoning regulations may be examined. For the purpose of its public hearing or hearings the commission shall have power to summon witnesses, administer oaths, and compel the giving of testimony. If after such public hearing or hearings, the planning commission in the light of development at such hearing or hearings see fit to make changes in its plan no further hearing shall be required. Hearing. Section 11. After receiving the certification of a zoning plan from the Gwinnett County Zoning and Planning

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Commission, and before the promulgation of any zoning regulations, the board of county commissioners of said county shall hold a public hearing thereon, of which notice shall be given by publication once a week for the two weeks immediately preceding such hearing, in the official organ of the county. Such notice shall state the place at which the text and maps as certified by the place at which the text and maps as certified by the Gwinnett County Zoning and Planning Commission may be examined. Hearing. Section 12. No change in or departure from the text or maps, as certified, by the Gwinnett County Zoning and Planning Commission, shall be made unless such changes or departures shall first be submitted to the commission for its consideration and recommendation. The commission shall have thirty (30) days from and after such submission within which to send its report to the county governing authorities; provided, however, that no approval, disapproval or suggestion of the commission shall have more than advisory effect or shall in any wise bind the governing authority of the county. Changes in plan. Section 13. The board of county commissioners of said county may from time to time amend the number, shape, boundary or area of any district or districts, or any regulation of, or within such district or districts, or any other provisions of any zoning regulations, but no such amendment shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestions to the commission. Any proposal, approval, disapproval or suggestion of the Gwinnett County Zoning and Planning Commission shall have advisory effect only and unless such planning and zoning commission shall have transmitted its report upon the proposed amendment within thirty (30) days after the submission thereof to it, the board of county commissioners shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the planning and zoning commission. Before finally adopting any such amendment, the governing authority of the county shall hold a public hearing thereon, notice of which shall be given

Page 2932

once a week for two weeks in the official organ of the county. Procedure to adopt changes. Section 14. The board of county commissioners of said county shall provide for a board of adjustment of not less than three nor more than five members and for the manner of appointment thereof. None of the members of said board of adjustment shall be officials of the county. Board of adjustment. Section 15. The board of county commissioners shall fix the terms of the members of said board of adjustment, which terms shall be of sufficient length and so arranged that the term of not more than one member shall expire each year. The said board of county commissioners may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the said board of county commissioners for the unexpired term. Members. Section 16. The board of county commissioners may specify and provide general rules to govern the organization, procedure and jurisdiction of such board of adjustment, which rules shall not be inconsistent with the provisions of this Act; and the board of adjustment may adopt supplemental rules of procedure, not inconsistent with this Act or such general rules. Its jurisdiction and organization. Section 17. The board of adjustment shall elect one of its number as chairman and shall appoint a secretary. The secretary may be an employee of the county, the salary of such secretary, if any, shall be approved by the board of county commissioners. Section 18. The meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. The members of such board shall have the power to summon witnesses, administer oaths and compel the giving of testimony. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, of absent

Page 2933

or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. Meetings. Section 19. Appeals to the board of adjustment may be taken by any person or persons having a substantial interest in any decision of the board of county commissioners made under authority of this Act. Such appeals shall be taken as provided by the rules of the board of adjustment and shall be evidenced by filling with the secretary a written notice of appeal specifying the grounds thereof, and what modification of said decision is sought. The board of county commissioners shall forthwith transmit to the secretary of the board of adjustment all documents, pertinent to the decision appealed from. Appeals. Section 20. The filing of such appeal shall stay all proceedings in furtherance of the actions or decisions appealed from, until it shall be passed upon by the board of adjustment. After such decisions proceedings in conformity herewith shall not be further stayed except as herein provided. Section 21. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give such notice as it may deem necessary to acquaint persons interested in the decision, as well as due notice to the parties to the appeal, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney at law. Hearing on appeal. Section 22. The board of adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged by appellant that there is an error in any order, requirement, decision or determination made by the board of county commissioners in the enforcement of this Act or any regulation, rule or ordinance adopted pursuant thereto.

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2. To authorize upon appeal in specific cases such variance from the terms of such regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the regulations will result in great practical difficulties or unnecessary hardship, and so that the spirit of the regulation shall be observed and substantial justice done. Powers of adjustment board on appeal. 3. To permit in appropriate cases, in harmony with general purposes and intent of such regulations, a building or premises to be erected or used for public utility or public service purposes in any location which is reasonably necessary for public convenience and welfare. Section 23. In exercising the above mentioned powers, such board of adjustment may in conformity with the provisions of this Act, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision and determination as ought to be made, and to that end shall have all the powers of the board of county commissioners from whom the appeal is taken. Section 24. A majority of the board of adjustment shall constitute a quorum and a majority vote of the members hearing the appeal shall be sufficient to determine the appeal. Section 25. Any person or persons who may have a substantial interest in any decision of the Board of Adjustment or the Board of County Commissioners of Gwinnett County may appeal from any decision of the said board of adjustment, to the superior court in and for said county by filing with the clerk of said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal must be filed within ten (10) days after decision of the board of adjustment is rendered. Appeal to superior court. Section 26. Upon the filing of such an appeal the

Page 2935

clerk of the superior court shall give immediate notice thereof to the secretary of the board of adjustment and within twenty (20) days from the time of such notice the board of adjustment shall cause to be filed with the said clerk a duly certified copy of the proceedings had before said board of adjustment, including a transcript of the evidence heard before it, if any, and the decision of said board. Section 27. Thereafter at the next term of the superior court, or in vacation upon ten (10) days' notice to the parties, the judge of said court shall proceed to hear and pass upon said appeal. The findings of fact by the said board of adjustment shall be final and conclusive on such appeal. In determining the questions presented by the appeal the court shall determine only whether the decision of the board of adjustment is correct as a matter of law. Section 28. Any party at interest who is aggrieved by the judgment rendered by the superior court upon such appeal may have the same reviewed by appeal in the same manner as now provided by law by direct bills of exceptions to other judgments, orders, and decrees of the superior court. Writ of error. Section 29. The filing of an appeal in the superior court from any decision of said board of adjustment shall not ipso facto act as a supersedeas, but a supersedeas may be granted by the court upon such terms and conditions as may seem reasonable and proper. Supersedeas. Section 30. In the event the decision of the board of adjustment should be reversed by the superior court, the said board of adjustment shall be cast with the costs and the same shall be paid by the county. Costs of appeal to board. Section 31. The lawful use of a building or structure and the lawful use of any land, as existing and lawful at the time of promulgation of zoning regulations or in the case of an amendment of zoning regulations, then at the time of such amendment, may, except as herein-

Page 2936

after provided, be continued although such does not conform with the provisions of such regulations or amendment, and such use may be extended throughout the same building provided no structural, alteration of such building is proposed or made for the purpose of such extension. The governing authority of said county may provide in any zoning regulations for the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning regulations. Such governing authority may in any zoning regulations provide for the termination of nonconforming uses either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of nonconforming uses be so fixed as to allow for the recovery or amortization of investment in the nonconformance. Nonconforming uses. Section 32. The said Gwinnett County Zoning and Planning Commission shall study the resources, possibilities and needs of the county and shall prepare a master plan and maps for the systematic future development of said county and from time to time in the manner hereinbefore provided make such recommendations to the governing authority that may be deemed advisable. However, nothing in this Act shall require said zoning and planning commission to zone or district the entire area of said county outside the limits of incorporated towns and municipalities prior to the making of recommendations, maps and plans for the zoning of specific districts and areas in said county. Master plan. Section 33. In case of contempt by any party, witnesses or any other person before either the Gwinnett County Zoning and Planning Commission, the Board of County Commissioners or the Board of Adjustment, such board may certify such fact to the superior court of the county and the judge of said court, either in term time or vacation after hearing, may punish such person as for a contempt of the superior court. Contempts. Section 34. The said Gwinnett County Zoning and

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Planning Commission and the Board of Adjustment shall have the right and power to expend such funds as shall be appropriated for their use by the Board of County Commissioners of Gwinnett County, and to hire such personnel as the said board of county commissioners shall authorize. Funds. Section 35. All members of said Gwinnett County Zoning and Planning Commission and of the Board of Adjustment shall receive the sum of ten dollars ($10) for each regular meeting or special meeting of said commission or board actually attended. Compensation. Section 36. Be it further enacted that if any part, parts or sections of this Act should for any reason be declared unconstitutional, such decision shall not affect validity of any remaining portion of this Act, which remaining portion shall remain in full 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 sections which may for any reason be hereafter declared unconstitutional. Section 37. This Act shall take effect upon its approval. Section 38. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Section 39. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for enactment of this law.

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State of Georgia, County of Gwinnett. Before me the undersigned officer, duly authorized to administer oaths personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is publisher of the News-Herald, a newspaper published in said county, and in which the advertisements of the sheriff of said county are published and that the attached notice of proposed legislation has been published in the News-Herald on the following dates: January 6, 1955; January 13, 1955; and January 20, 1955. /s/ Marvin A. Allison. Sworn to and subscribed before me this, the 25 day of January, 1955. /s/ R. F. Duncan Notary Public, Gwinnett County, Georgia. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia during the January session of 1955, a bill to authorize Gwinnett County to zone said county, to enact ordinances and regulations governing said zoning; to create a zoning and planning commission for said county; to provide for the membership of said commission; to provide for the powers, duties, terms of office, compensation and authority of said commission; to authorize the county to enact a building code; to require building permits; and to provide penalties for violation of any zoning regulation of said county, and for other purposes. This the 4th day of January, 1955. P. V. Kelly, Member of the General Assembly. 11-3t-c Approved March 7, 1955.

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CARROLL COUNTY TAX COMMISSIONERCLERICAL ASSISTANTS. No. 278 (House Bill No. 439). An Act to amend an Act entitled, An Act to consolidate the office of tax receiver and tax collector in the County of Carroll to fix the compensation for the officer performing the duties of said office when so consolidated; and for other purposes, approved July 28, 1931 (Ga. Laws 1931, p. 405), as amended by an Act approved February 26, 1935 (Ga. Laws 1935, p. 600), and an Act approved March 3, 1939 (Ga. Laws 1939, p. 535), and an Act approved February 3, 1949 (Ga. Laws 1949, p. 162), so as to provide an increase in the amount of compensation to be paid to the tax commissioner for clerical assistance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to consolidate the office of tax receiver and tax collector in the County of Carroll to fix the compensation for the officer performing the duties of said office when so consolidated; and for other purposes, approved July 28, 1931 (Ga. Laws 1931, p. 405), as amended by an Act approved February 26, 1935 (Ga. Laws 1935, p. 600), and an Act approved March 3, 1939 (Ga. Laws 1939, p. 535) and an Act approved February 3, 1949 (Ga. Laws 1949, p. 162), is hereby amended by striking Section 2 in its entirety and in lieu thereof inserting the following: Section 2. The tax commissioner shall perform all the duties which are now performed by the Tax Receiver and Tax Collector of Carroll County, and shall be paid the sum of $4,200 per annum, in equal monthly installments on the first day of each month by the Board of Commissioners of Roads and Revenue of Carroll County. The tax collector shall be paid the sum of $3450 per annum, in equal monthly installments by the County Commissioners of Carroll County, for employing clerical

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assistance in the office of tax commissioner and traveling expenses of said tax commissioner, or his assistant in connection with the duties of his office. The County Commissioners of Carroll County are hereby authorized to levy and collect a tax upon all the property of said county to pay the salary so fixed. Salary. Clerical assistants. Section 2. 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 Daily 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 publishinginsertions of the attached legal advertisement, and that said advertisement has duly appeared as follows: Jan. 7, 1955, Jan. 14, 1955, Jan. 21, 1955. /s/ Jewell R. Dean, Publisher. Subscribed and sworn before me this the 28 day of Jan., 1955. /s/ Sarah Irene Dean Notary Public. (Seal) Notice of Local Legislation. Notice is hereby given that legislation will be introduced in the 1955 session of the General Assembly increasing the allowance for clerical help in the office of the Carroll County Tax Commissioner. Jan. 7/3t. Approved March 7, 1955.

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CHICKAMAUGAtERMS OF MAYOR AND COUNCIL. No. 279 (House Bill No. 559). An Act to amend an Act creating a charter for the City of Chickamauga, approved August 11, 1913 (Ga. Laws 1913, p. 665), as amended particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 963), so as to change the terms of the mayor and council of said city; to provide for staggered terms; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Chickamauga, approved August 11, 1913 (Ga. Laws 1913, p. 665), as amended, particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 963), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4, to read as follows: Section 4. A city election shall be held annually on the first Saturday in December of each year, at which election all voters who in the corporate limits of said city are qualified to vote for members of the General Assembly and who have been bona fide residents of said city immediately preceding said election shall be entitled to vote therein. At such election to be held in 1955 a mayor shall be elected for a term of two (2) years and until his successor is elected and qualified. The term of all successors shall likewise be for two years and until successors are elected and qualified. At said 1955 election five (5) councilmen shall be elected, the two (2) receiving the highest number of votes for terms of two (2) years and the three (3) receiving the next highest number of votes for terms of one (1) year. All such terms shall be until their successors are elected and qualified. All successors to such councilmen shall be elected for terms of two (2) years and until successors are elected and qualified. Other officers named hereinbefore

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before in this Act shall be appointed by the mayor and council in the manner hereinbefore prescribed. Election and terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the governing authorities of the City of Chickamauga, Georgia, intend to apply for the passage, at the January, 1955, session of the General Assembly of the State of Georgia, of an Act captioned as follows, to wit: An Act to amend an Act incorporating the City of Chickamauga, Walker County, Georgia, approved August 11, 1913 (Ga. Laws 1913, p. 665) as amended, including an Act approved August 3, 1925 (Ga. Laws 1925, p. 963) particularly Section 4 of the Act of 1913, so as to change the terms of the offices of mayor and councilmen of said city, and to provide for the holding of elections in such manner that a mayor and two councilmen will be elected in one year, and three councilmen will be elected the following year beginning with the election to be held in the year 1955; to repeal conflicting laws, and for other purposes. 2-3-2t Georgia, Walker County. Before me, the undersigned officer, duly authorized to administer oaths in said State and county, personally appeared E. P. Hall, who first being duly sworn, on oath says and deposes that he is the owner, editor and publisher of the Walker County Messenger, a newspaper published in the City of LaFayette, Walker County, Georgia, the same having general circulation in said city and county, and being the official organ of said county in which the sheriff's advertisements are published; and that the above and foregoing notice of intention to introduce local legislation in the General Assembly of Georgia, is a true and correct copy of same and that the same

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was published in said newspaper on January 26, 1955, February 2, 1955 and February 9, 1955. /s/ E. P. Hall E. P. Hall, Affiant. Sworn to and subscribed before me this 9th day of February, 1955. /s/ Sibyl Rea Dep. Clerk Sup. Court, Walker County, Georgia. Approved March 7, 1955. CHEROKEE COUNTY WATER AUTHORITY. No. 280 (House Bill No. 572). An Act to create the Cherokee 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, 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

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holders of such obligations; to provide that no debts of Cherokee 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; 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: Whereas, Cherokee County is steadily increasing in population and the matter of obtaining and distributing potable water to the various municipalities located therein and to other users of such facilities is of prime importance and essential to the health and welfare of citizens within its boundaries and environs; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition and construction of sources of water supply and the installation of water utilities for the distribution of same throughout the county and environs by the issuance of revenue certificates or bonds of the Authority for that purpose. Be it therefore enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. Short title This may be cited as the Cherokee County Water Authority Act. Section 2. Cherokee County Water Authority There is hereby created a body corporate and politic, to be known as the Cherokee County 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

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and defend in all courts of law and equity. The Authority shall consist of three members, all of whom shall be freeholders and citizens of Cherokee County, and who shall reside outside of the City of Canton; one of whom shall be selected by the grand jury of said county at the May term 1955; another by the judge of the superior court of said county; and the third member shall be selected by the other two members. The three members shall select their own chairman and vice-chairman. Each member shall serve a term of four years. The first term shall extend to May 1st, 1959 and until successors shall be elected and qualified. Immediately after such appointments, the members of the Authority shall enter upon their duties. In addition to the chairman, the Authority shall elect one of its members as vice-chairman and it may also elect a secretary and treasurer, who need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of $300 per year, except the chairman, who shall receive $500 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions .As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Cherokee County Water Authority created by Section 2 of this Act. (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

Page 2946

water to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Cherokee 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. (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. (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. (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

Page 2947

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. Section 4. Powers .The Authority shall have powers: (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 to the State Treasurer for the

Page 2948

credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority. (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 or 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 such projects 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

Page 2949

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. Revenue bonds .The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed two million five hundred thousand dollars ($2,500,000) outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or 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.

Page 2950

Section 6. Same; from; denominations; registration; place of payment .The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, provision may be made for the registration of any coupon bond as to principal along and also as to both the principal and interest. Section 7. Same; signatures; seal .In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and 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. Section 8. Same; negotiability; exemption from taxation .All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; sale; price .The Authority may

Page 2951

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. Section 10. Same; proceeds of bonds .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 said bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Section 11. Same; interim receipts and certificates or temporary bonds .Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds .The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Conditions precedent to issuance; object of issuance .Such revenue bonds may be issued without

Page 2952

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. Section 14. Credit not pledged .Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Cherokee County or a pledge of the faith and credit of either subdivision, 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. Section 15. Same; trust indenture as security .In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign 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

Page 2953

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 depositary and to furnish such in-demnifying 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. Section 16. Same; to whom proceeds of bonds shall be paid .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. Same; sinking fund .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

Page 2954

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 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. Section 18. Same; remedies of bondholders .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, or 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

Page 2955

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. Section 19. Same; refunding bonds .The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and; the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; venue and jurisdiction .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 Cherokee 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. Section 21. Same; validation .Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant 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

Page 2956

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 Cherokee County Water Authority. Section 22. Same, interest of bondholders protected .While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, 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. Section 23. Moneys received considered trust funds .All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the Authority .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 Cherokee 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

Page 2957

nor municipality deems it desirable or feasible to furnish water in such locality. Section 25. Rates, charges and revenues; use .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, improvisions, 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. Section 26. Rules and regulations for operation of projects .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. Section 27. Powers declared supplemental and additional .The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal construction of Act .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. Effect of partial invalidity of Act .The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of

Page 2958

competent jurisdiction, the decisions of such court shall not affect or impair any of the remaining provisions. Section 30. Repeal .This Act does not in any way take from Cherokee County or any municipality located therein or any adjoining county the authority to own, operate and maintain water systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia. 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 local legislation at the January term, 1955 of the General Assembly of Georgia for the passage of the following local bill: An Act to create the Cherokee County Water Authority and to authorize such Authority to acquire, construct, operate and main self-liquidating projects embracing sources of water supply and the distribution and sale of water 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, and for other purposes. This January 26, 1955. Dr. Grady N. Coker, Representative of Cherokee County, Georgia. Georgia, Cherokee County: The undersigned hereby certifies that he is one of the publishers of the North Georgia Tribune the newspaper in Cherokee County in which the sheriff's advertisement of said county are published and that the foregoing notice providing for Water Authority in and for said county was published in said paper once a week for three weeks, to wit: January 27, February 3, and February 10.

Page 2959

This the 10th day of February, 1955. /s/ Ralph D. Owen, Co-Editor and Co-Publisher North Georgia Tribune. Witness: /s/ C. B. Holcomb Clerk Superior Court. Approved March 7, 1955. CITY COURT OF CLARKE COUNTYTERMS. No. 281 (House Bill No. 443). An Act to amend an Act entitled An Act to establish a City Court in the County of Clarke, and to provide for the appointment of a judge and solicitor thereof., approved September 9, 1879 (Ga. Laws 1879, p. 291), as amended, so as to provide a change in the terms of said court; to provide an effective date, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a City Court in the County of Clarke, and to provide for the appointment of a judge and solicitor thereof., approved September 9, 1879 (Ga. Laws 1879, p. 291), as amended by an Act approved September 23, 1885 (Ga. Laws 1885, p. 481), by an Act approved December 9, 1892 (Ga. Laws 1892, p. 223), an Act approved December 18, 1894 (Ga. Laws 1894, p. 210), an Act approved December 18, 1894 (Ga. Laws 1894, p. 212), an Act approved December 16, 1895 (Ga. Laws 1895, p. 357), an Act approved November 29, 1899 (Ga. Laws 1899, p. 353), an Act approved December 8, 1899 (Ga. Laws 1899, p. 351), an Act approved August 19, 1911 (Ga. Laws 1911, p. 235), an Act approved August 14, 1913

Page 2960

(Ga. Laws 1913, p. 143), an Act approved August 14, 1917 (Ga. Laws 1917, p. 218), an Act approved February 8, 1939 (Ga. Laws 1939, p. 447), an Act approved March 27, 1941 (Ga. Laws 1941, p. 619) and by an Act approved January 30, 1951 (Ga. Laws 1951, p. 2035), particularly by the Act approved December 16, 1885 (Ga. Laws 1885, p. 481) is hereby amended so as to provide that the quarterly terms now held on the third Monday in February, May, August, and November shall be held on the second Monday in February, May, August and November in each year. Terms. Section 2. The first term of said City Court of Clarke County held after the passage of this Act shall be held on the second Monday in February, 1955, and all summons, writs and processes made returnable to the third Monday of said term of said city court shall be returnable at the second Monday of said term. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Pursuant to a resolution passed by the Athens Bar Association at its annual meeting on December 16, 1954, notice is hereby given that legislation will be introduced at the January session, 1955, of the General Assembly of Georgia, to amend the Act of 1879 creating the City Court of Athens, and the Acts amendatory thereof in 1894, 1911 and 1913, so as to require the court to convene the second Monday in February, May, August and November instead of on the third Monday of said respective months. This 23rd day of December, 1954. Robert G. Stephens, Jr., R. Chappelle Matthews, Representatives. d24-31-j7

Page 2961

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Stephens, Jr. and Chappelle Matthews, who, on oath, deposes and says that he is Representative from Clarke County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald, which is the official organ of Clarke County, on the following dates: January 7, 14 and 21, 1955. /s/ Robert G. Stephens, Jr., Representative, Clarke County. /s/ Chappelle Matthews, Representative, Clarke County. Sworn to and subscribed before me this 3 day of February, 1955. /s/ Jean Kenny Notary Public. Notary Public, Fulton County, Georgia. My commission expires Jan. 26, 1957. (Seal) Approved March 7, 1955. PIERCE COUNTY COMMISSIONERSAMENDMENTS. No. 282 (House Bill No. 507). An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; to appoint the members of said board and provide for the election of their successors and the manner of filling vacancies; to prescribe the term of office, powers, duties and compensation of said board; to provide for the appointment of a clerk of said

Page 2962

board; and for other purposes, approved March 25, 1937, (Ga. Laws 1937 pp. 1397 to 1405, inclusive), and Acts amendatory thereof approved February 4, 1941 (Ga. Laws 1941, pp. 949 to 951), February 16, 1943, (Ga. Laws 1943, pp. 1098 and 1099), and February 2, 1945, (Ga. Laws 1945, pp. 548 and 549); and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act of the General Assembly of Georgia approved March 25, 1937, creating a Board of Commissioners of Roads and Revenues in and for the County of Pierce, as amended by Acts approved February 4, 1941, February 16, 1943, and February 2, 1945, all referred to in the title of this Act, be further amended by this Act so as to provide as follows: Section 1. That the compensation of the chairman of said board shall be $3,600.00 per year, payable monthly, and he shall be allowed mileage at the rate of five cents per mile for every mile travelled attending to official business, together with such other expenses as he may incur and deem necessary in the discharge of his duties as such chairman which are imposed upon him by law. Such mileage and expenses shall be paid upon presentation of an itemized statement thereof by said chairman and its approval in writing by the other members of the board. Chairman's compensation and expenses. Section 2. That the compensation of each of the other members of said board other than the chairman shall be $25.00 per month, payable monthly, and each shall be paid five cents per mile travelled in his discharge of the duties of his office. An itemized statement shall be filed by such member and shall be paid upon the approval in writing of the chairman and other member of the board. Members' compensation and expenses. Section 3. That the salary of the clerk of said board shall be fixed by the board, who shall serve at the pleasure

Page 2963

of the board. The duties of the clerk shall be the same as now fixed by law. Section 4. This Act shall become effective immediately upon its passage and approval. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Georgia, Pierce County. Before me, the undersigned, an officer authorized to administer oaths, personally came Dean Broome, who, being first duly sworn according to law, deposes and says that he is one of the editors and publishers of The Blackshear Times, a newspaper in Pierce County, Georgia, in which sheriff's advertisements for said county are published, and that there has been published in the issues of said newspaper for January 20, 1955, January 27, 1955, and February 3, 1955, a legal notice of local legislation of which the clipping attached below is a facsimile copy. /s/ Dean Broome, As one of the Editors and Publishers of The Blackshear Times. Sworn to and subscribed before me this 5th day of February, 1955. /s/ S. F. Memory Notary Public, Georgia, State at Large. Notarial Seal Affixed. Legal Notices. Notice of Local Legislation. The undersigned will apply at the session of the General Assembly of Georgia now in session, after the required legal publication of this notice, for the passage of a bill to be entitled: An Act to amend an Act to create a Board of Commissioners

Page 2964

of Roads and Revenues in and for the County of Pierce; to appoint the members of said board and provide for the election of their successors and the manner of filling vacancies; to prescribe the term of office, powers, duties and compensation of said board; to provide for appointment of a clerk of said board; and for other purposes, approved March 25, 1937, (Ga. Laws 1937, pp. 1397 to 1405, inclusive), and Act amendatory thereof approved February 4, 1941, (Ga. Laws 1941, pp. 949 to 951), February 16, 1943, (Ga. Laws 1943, pp. 1098 and 1099), and February 2, 1945, (Ga. Laws 1945, pp. 548 and 549); and for other purposes. This 18th day of January, 1955. O. W. Raulerson, Senator, 46th District. L. J. Cason, Representative, Pierce County. Approved March 7, 1955. DUDLEYTAX RATE. No. 283 (House Bill No. 525). An Act to amend an Act incorporating the Town of Dudley, Laurens County, approved December 17, 1902 (Ga. Laws 1902, p. 402), as amended, particularly by an Act approved August 16, 1920 (Ga. Laws 1920, p. 969), so as to increase the authorized rate of taxation from ten to fifteen mills; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Town of Dudley, in the County of Laurens; to define the corporate limits thereof; to provide a municipal government

Page 2965

for said town; to confer certain powers and privileges on the same, and for other purposes., approved December 17, 1902 (Ga. Laws 1902, p. 402), as amended, particularly by an Act approved August 16, 1920 (Ga. Laws 1920, p. 969), is hereby amended by striking Section 11 in its entirety and in lieu thereof inserting the following: Section 11. The said mayor and councilmen shall have power to levy and collect a tax not exceeding fifteen (15) mills upon all property, real and personal, within the corporate limits of said town; and the same may be enforced by execution issued by the clerk in the name of the mayor and by sale of property as in sales of property liable to State and county taxes. Tax rate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The Courier Herald, Dublin, Georgia Certificate of Publication. State of Georgia, County of Laurens. I, the undersigned, W. H. Champion, editor of the Dublin, Georgia, Courier Herald, a newspaper of general circulation in the above stated county, and in which the sheriff's advertising is published, do hereby certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said notices having been published on January 22, January 24, and January 31, 1955. This the 5th day of February, 1955. /s/ W. H. Champion, W. H. Champion. Legal 1412

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Notice of Intention to Introduce Local Legislation: At the special request of the Mayor and Council of the Town of Dudley, Georgia, and by virtue of a unanimous resolution passed by that body, the undersigned will introduce in the present session of the General Assembly of Georgia, an Act to amend an Act entitled An Act to Incorporate the Town of Dudley in the County of Laurens, and for other purposes, approved December 17, 1902, and Acts amendatory thereof (Ga. Laws 1920), so as to increase the authorized rate of taxation from 10 (ten) mills to 15 (fifteen) mills, and for other purposes. Rubert L. Hogan, Representative Post No. 1 Laurens County, Georgia. Paul J. Jones, Jr. Representative Post No. 2 Laurens County, Georgia. (Jan. 22-24-31). Approved March 7, 1955. BOWMAN CHARTER AMENDED. No. 285 (House Bill No. 409). An Act to amend an Act establishing a charter and incorporating the City of Bowman, approved August 22, 1907 (Ga. Laws 1907, p. 438), as amended by an Act approved February 22, 1943 (Ga. Laws 1943, p. 1346), so as to provide that the election hours shall be from 8 o'clock A. M., to 6 o'clock P. M., of the prevailing time; to provide that the mayor and council shall set the compensation for election managers and tax assessors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act establishing a charter and incorporating the City of Bowman, approved August 22, 1907 (Ga. Laws 1907, p. 438), as amended by an Act approved February 22, 1943 (Ga. Laws 1943, p. 1346), is hereby amended by striking from Section 3 of said Act the following words, sun time, three o'clock, and sun time, and inserting in lieu thereof the following words, six o'clock and the prevailing time, and by striking sentence five (5) of said section and inserting in lieu thereof the following: The mayor and council shall set the compensation for election managers., so that when so amended Section 3 shall read: Sec. 3. Be it further enacted, that the next election which is to be held in said city shall be the first Wednesday in December, 1907, and annually thereafter on the first Wednesday in December, at which election a mayor, city clerk, treasurer, and five councilmen shall be elected. Said mayor, city clerk, and treasurer shall hold office for a term of one year or until their successors are elected and installed; the two members of said council who shall receive the highest number of votes at said election shall be elected for a term of two years; the other three members of said council for a term of one year; their respective successors shall be elected for a term of two years each. In said elections the polls shall be opened at such places as the mayor and council shall determine, at eight o'clock A. M., and close at six o'clock P.M., the prevailing time. Said election shall be under the control and management of a justice of the peace, who may or may not be a resident of said town, and two freeholders residents of said city, or of three freeholders of said city. The mayor and council shall set the compensation for election managers. Said election, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and not in conflict with this Act. Elections. Hours. Section 2. Said Act is further amended by adding to

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the first sentence of Section 30 of said Act the following words and set the compensation so that as amended Section 30 shall read: Sec. 30. Be it further enacted, that the mayor and council of the City of Bowman shall elect and set the compensation at their first or second meeting in each calendar year three upright, discreet and intelligent persons, who shall be freeholders and residents of said city as tax assessors, who shall hold their office one year or until their successors are elected and qualified. Said tax assessors may be elected from among the members of the city council or from among other persons and should any vacancy occur in said board of assessors by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Said mayor and council shall be exclusive judges of the necessity of declaring a vacancy in said board of assessors. Before entering upon the duty of the office of assessors, each assessor shall take and subscribe the following: I, , do solemnly swear that I will faithfully perform the duties of tax assessor of the City of Bowman and will make a true and just valuation of all property therein subject to taxation, according to fair market value thereof; so help me Go. Tax assessors. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Elbert County. Personally before the undersigned, an officer who is authorized by law to administer oaths came, G. T. Christian, the subscribed, who after being duly sworn, on oath, says that he is owner and editor of The Elberton Star, a newspaper published in and for the County of Elbert, State of Georgia, and in which the sheriff of said county advertises his sales, and that a notice of intention of local legislation, a copy of which is hereinafter attached to this affidavit, was duly run in said newspaper for three (3) weeks, on January 7th, January 11th

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and January 18th in 1955, said notice signed by the Mayor and Council, City of Bowman. Notice. This is to notify the public that we, the Mayor and Council of the City of Bowman, propose to have legislation introduced in the January, 1955, session of the General Assembly providing that the polls on election day in the City of Bowman shall open at eight o'clock A. M. and close at six o'clock P.M. Eastern Standard Time and to provide for the payment of the tax assessors and election managers. Mayor and Council, City of Bowman. Deponent says further that the above is a correct copy of the notice as run in said newspaper. /s/ G. T. Christian G. T. Christian. Sworn to and subscribed before me, this 31st day of January, 1955. /s/ Carolyn E. McMullan, Notary Public, Elbert County, Georgia. My commission expires Nov. 2, 1955. (Notarial Seal Affixed). Approved March 7, 1955. HARTWELLRECORDER'S COURT. No. 284 (House Bill No. 429). An Act to amend an Act incorporating the City of Hartwell, approved August 13, 1904 (Ga. Laws 1904, p. 478), as amended, so as to provide for a recorder's court, its powers, duties, officers and jurisdiction; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Hartwell, in Hart County, Georgia, to change the name of the Town of Hartwell, in the County of Hart to the City of Hartwell; to provide that all valid contracts heretofore entered into by the Town of Hartwell shall be good and valid for or against the City of Hartwell; to provide that all property now held and owned by the Town of Hartwell shall become the right and property of the City of Hartwell, and that all rights and liabilities of the Town of Hartwell shall accrue to and against the City of Hartwell; to define the limits of the City of Hartwell and provide municipal power for the City of Hartwell and provide municipal government therefor; to provide for the issue of all bonds now authorized to be issued by the Town of Hartwell by the City of Hartwell, and for other purposes., approved August 13, 1904 (Ga. Laws 1904, p. 478), as amended, is hereby amended by inserting new sections to read: Section 4A. The mayor's court for the trial of offenders against the laws and ordinances of the City of Hartwell shall be known as the recorder's court, which court is hereby created; the board of aldermen are authorized and empowered to elect a recorder to hold said court, fix his qualifications, term of office, and compensation. Said recorder so elected shall take such oath as may be prescribed by the board. Any vacancy in the office of city recorder shall be filled by the board of aldermen. Such recorder, and in his absence the mayor, and in the absence of the recorder and the mayor, then the mayor pro tem., and in the absence of all three, any one or more members of the board of aldermen may hold said court, and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a city law by a fine not exceeding one hundred dollars ($100), imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities, not exceeding sixty days, or work on the street work crew, or other public work under the supervision of the chief of police or the superintendent

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of the street department, not exceeding sixty days, any one or more, or all of these at the discretion of the trial court. When sitting as a court for the trial of offenders the said court shall have the power to punish for contempt by fine not exceeding fifty dollars ($50), imprisonment or work in the manner already prescribed in this section for not exceeding fifty (50) days, one or both, at the discretion of the trial court. Recorder's court. There may be an appeal in any case from the recorder's court to the board of aldermen, which appeal must be entered in writing and under such terms and conditions as may be fixed and determined by said board; and the judgement of the board of aldermen on appeal may be reviewed by certiorari to the Superior Court of Hart County, as is provided for in Sections 19-203 to 19-216, both inclusive, Code of Georgia 1933, and any Act amendatory thereof. Section 4B. The Clerk of the City of Hartwell shall be eligible to be elected as recorder but neither the mayor nor any member of the board of aldermen shall be eligible to be elected recorder. Section 4C. Be it further enacted by the authority aforesaid, that the recorder of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city against any law or ordinance of said city or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the case before the recorder's court and none other, and the same there be disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed to the `Chief of Police of Hartwell, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State', and any one of said officers shall have the

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same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. Section 4D. Be it further enacted by the authority aforesaid, that the recorder, or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness, who has been subpoenaed and fails to attend, under the provisions for contempt already provided for in this charter. 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 of intention to apply for the passage of a local bill at the January 1955 session of the General Assembly of Georgia, to amend the charter of the City of Hartwell, Georgia to provide for a recorder's court for said City of Hartwell, and for other purposes. This, the 5th day of January, 1955. Board of Aldermen of the City of Hartwell, Georgia. Georgia, Hart County. The undersigned hereby certifies that he is the editor and publisher of The Hartwell Sun, a newspaper in which sheriff's advertisements are published in Hart Company, Georgia, and the official organ of said county, and does further certify that an exact copy of the above and foregoing notice was published in The Hartwell Sun, as required by law for local legislation, and that said notice was published in said newspaper on the following dates: January 7, 1955; January 14, 1955; and January 21, 1955. /s/ Louie L. Morris, Louie L. Morris. Editor and Publisher, The Hartwell Sun. Approved March 7, 1955.

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MARIETTA CHARTER AMENDED. No. 286 (House Bill No. 516). An Act to amend an Act of the General Assembly of the State of Georgia, approved August 15, 1904 (Ga. Laws, 1904, pp. 519-533) entitled an Act to create a new charter for the City of Marietta, in Cobb County, Georgia, the Acts amendatory thereof, especially Section Two (2) of Ga. Laws, 1949, pages 238-249, pertaining to elections for Mayor and Councilmen of Marietta, by repealing said Section Two (2) so as to provide for four-year terms for the mayor and councilmen, respectively, of Marietta, and to empower the desk-clerk of and for the police department of Marietta to issue warrants; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Section Two (2) of Ga. Laws, 1949, pages 238-249, pertaining to elections for Mayor and Councilmen of Marietta, Georgia, is hereby repealed in its entirety and a new section is hereby substituted therefor, as follows: The present Mayor and Councilmen of the City of Marietta shall continue in office during the terms for which they were elected and on the second Tuesday in December, 1955, and, quadrennially, on said day thereafter, an election shall be held in said city for a mayor and seven councilmen. Said election shall be held by a justice of the peace, or ex-officio justice of the peace, and two freeholders of said city, or by three freeholders of said city; but no person who is a candidate for office at said election shall act as a manager, or clerk, thereof. The polls at the city hall shall be opened at 7:00 A. M., and shall be kept open until 6:00 P. M., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, and the managers of the election shall give a certificate to that effect,

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which shall be recorded by the clerk of city council on the book of minutes, or other book kept for such purpose. The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except he be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as provided for in the charter of Marietta. Any person voting at any such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Election of mayor and councilmen. Section 2. The desk-clerk of and for the Police Department of the City of Marietta shall have all the powers of a justice of the peace to issue warrants for violators of the laws of this State and for offenses, committed within the corporate limits of the City of Marietta, contrary to the laws, resolutions, and ordinances of the City of Marietta. Police department desk-clerk; warrants. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Section 4. It appears that the following notice was published as required by the Constitution and laws of Georgia in the Cobb County Times: Georgia, Cobb County, City of Marietta. Notice of Local Legislation for Marietta: Notice is hereby given that application will be made to the General Assembly of the State of Georgia at the January session, 1955, for the passage of local legislation and law, amending, repealing, supplementing, and adding to the charter of the City of Marietta, Georgia, as contained in the Georgia Laws, 1904, pages 519-533,

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the amendatory Acts thereof, including the Act No. 571 (House Bill No. 648) approved December 11, 1953, (Ga. Laws, Nov.-Dec. Sess., 1953, pp. 2267-2279, pertaining to the charter of the City of Maretta, to provide for four-year terms of office for the mayor and councilmen, respectively, and, generally, to amend, supplement, and repeal said charter; and for other purposes. This notice is given in compliance with Article 3, Sectoin 7, paragraph 15 (Code Section 2-1915 of the 1933 Ga. Code, annotated) of the Constitution of Georgia of 1945. This, 14th day of December, 1954. Cit yof Marietta. By: Sam J. Welsch, Mayor, City of Marietta. Section 5. It appears that the authors of this Act, namely, Harold S. Willingham, Raymond Reed, and Fred Bentley, State Representatives from Cobb County, in the Ga. General Assembly, have made the following affidavit with regard to the publication of the Notice of Intent to Apply for Local Legislation, as set forth in Section four (4) of this Act: Georgia, Cobb County. Before the undersigned attesting officer, personally came Harold S. Willingham, Raymond M. Reed, and Fred Bentley, who after being duly sworn, respectively, say, upon, oath, respectively, that they personally know that the Notice of Local Legislation for Marietta, as set forth in Section Four (4) of this Act, was published in the Cobb County Times, Marietta, Georgia, as provided for by the Constitution and laws of Georgia, on December 16, 24, and 30, 1954, and that said Cobb County Times is the official organ in which the sheriff's advertisements for 1954 were published; and that the said Times is a newspaper, published in the City of

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Marietta, Georgia, and has a general circulation in said City and Cobb County. /s/ H. S. Willingham, /s/ R. M. Reed, /s/ Fred D. Bentley, Representatives, Cobb County, Ga. Sworn to and subscribed to before me, this 8th of Feb., 1955. /s/ A. A. Boggus, Notary Public, Ben Hill Co., Ga. Comm. expires Sept. 1955. Approved March 7, 1955. McCAYSVILLE CHARTER AMENDED. No. 287 (House Bill No. 431). An Act to amend an Act that consolidated and superseded the several Acts incorporating the City of McCaysville, Fannin County, and all amendments in respect thereto and creating a new charter therefor, approved March 27, 1941 (Ga. Laws 1941, p. 1596), so as to provide for increases in the salaries of the mayor, councilmen, chief of police, and other policemen, and the city clerk and treasurer; to provide for an annual audit of the books of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act that consolidated and superseded the several Acts incorporating the City of McCaysville, Fannin County, and all amendments in respect thereto and creating a new charter therefor, approved March 27, 1941 (Ga. Laws 1941, p. 596), is hereby amended by

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striking Section 20 in its entirety and in lieu thereof inserting the following: Section 20. At the first regular meeting of the mayor and council in January 1942, held after their election on the second Saturday in December 1941, and biennially thereafter, the mayor and councilmen shall elect a city clerk and treasurer, a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and councilmen shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths, perform such duties and give such bonds as the mayor and councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of McCaysville. Said mayor and councilmen shall have the power authority to suspend and remove said officers in their discretion, and also the power to elect new officers at any time when there exists a vacancy in any of said offices; and it shall be the duty of the mayor and councilmen to fix by ordinance the salaries, or compensation of the said mayor and councilmen, and all other officers, agents and employees of said city. The compensation of the councilmen of said city shall be on a basis of regular meetings of the mayor and councilmen actually attended by each such councilman, and shall be in such amount as the mayor and councilmen may, in their discretion deem best, and by ordinance provide, but in no event shall the compensation of such councilmen exceed the sum of $3.00 per regular meeting attended by each such councilman, and there shall be no compensation to the councilmen for attending special or called meetings. Compensation of mayor and councilmen. The salaries of the marshal, or chief of police, and other policemen employed by the City of McCaysville shall be in such amounts as the mayor and councilmen may, in their discretion, deem best, and by ordinance provide, but in no event shall the salary of the chief of police exceed the sum of $300 per month, and in no

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event shall the salary of policemen other than the chief of police exceed the sum of $200 per month each. Compensation of marshal and policemen. The salary of the clerk and treasurer of said city shall be in such amount as the mayor and councilmen may, in their discretion, deem best, and by ordinance provide, but in no event shall the salary of said clerk and treasurer exceed the sum of $200 per month. Of clerk and treasurer. The salary of the mayor of said city shall be in such amount as the mayor and councilmen may, in their discretion, deem best, and by ordinance provide, but in no event shall the salary of the mayor of said city exceed the sum of $150 per year. The mayor and councilmen may, at any time, employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city. The salaries of said policemen to be fixed by the mayor and councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. Mayor's salary. Section 2. Said Act is further amended by adding the following sections to read: Section 124. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by an order drawn by the city clerk, countersigned by the mayor, or in his absence, by the mayor pro tem., after the mayor and councilmen have allowed the same. Section 125. The mayor and councilmen shall have an audit made of the books of said city in the month of January of each year to cover the calendar year preceding the month when such audit is made, which said audit shall be made by a certified public accountant. A short summary of said audit shall be published one time in a newspaper having general circulation in Fannin County, said publication to be made as soon as practicable after the completion of said audit, and the expenses of

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said audit and the publication thereof shall be paid from the city treasury. Said audit shall remain on file with the clerk of said city and shall be open to the inspection of any interested citizen of said city at any time during business hours. Audits. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Fannin County. Notice is hereby given of intention to apply for local legislation at the present meeting of the General Assembly of Georgia, which convened on the second Monday in January, 1955, amending the original Act creating a new charter for the City of McCaysville (Ga. Laws, 1941), by authorizing increases in the salaries of city policemen, city clerk and the mayor and councilmen and providing for an annual audit of the books of the said city. Fred Hyde, Mayor, City of McCaysville. State of Georgia, Fannin County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Luther Cobb who, being first sworn, on oath says as follows: That he is the owner and publisher of the Fannin County Times, a newspaper published in said county and in the City of Blue Ridge, being of general circulation and being the newspaper in which the 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 City of McCaysville, Georgia, and that the said notice was duly published once a week for three weeks in said newspaper, the said notice having been published and

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advertised in said newspaper in the issues thereof published and dated January 13, 20 27th, 1955. /s/ Luther Cobb, Luther Cobb, Publisher, Fannin County Times. Sworn to and subscribed before me, this the 28th day of January, 1955. /s/ Annabelle Sowers, Notary Public, Fannin County, Georgia. (Notarial Seal Affixed). My commission expires August 26, 1958. Approved March 7, 1955. FLOYD COUNTY TAX COMMISSIONERAMENDMENTS. No. 288 (House Bill No. 552). An Act to amend an Act entitled: An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of County Tax Commissioner of Floyd County, Georgia; to fix the term of office of county tax commissioner; to fix the compensation of the county tax commissioner by providing a minimum and maximum salary, with the county board of roads and revenues (county commissioners) in the aforesaid county fixing said salary between the minimum and maximum sums stipulated herein, and to provide for deputies and clerks for said tax commissioner, and fixing their compensation as stipulated herein; to provide that the laws as to tax receiver and tax collector shall be of full force and effect as to county tax commissioner as far as the same are applicable: to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect; to provide that all fees, commissions, and other compensation of the tax receiver and tax collector

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shall be paid into the depository of Floyd County, Georgia; to provide for the election of county Tax Commissioner of Floyd County, Georgia, and the method of filling vacancies; to provide for putting into effect in Floyd County, Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six; to provide that each and all the provisions herein contained relative to county tax commissioner shall become effective January 1, 1953; to provide for holding a general election in the fall of 1952; to carry out the provisions of this Act; to provide for ratification or rejection of this Act by the qualified voters of Floyd County, Georgia; and for other purposes., approved February 17, 1950, to increase the maximum limit of the salaries of the Tax Commissioner of Floyd County, Georgia, his deputies and his clerk, to repeal all laws and parts of laws in conflict with this amendment; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The Act entitled: An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of county Tax Commissioner of Floyd County, Georgia; to fix the term of office of county tax commissioner; to fix the compensation of the county tax commissioner by providing a minimum and maximum salary, with the county board of roads and revenues (county commissioners) in the aforesaid county fixing said salary between the minimum and maximum sums stipulated herein, and to provide for deputies and clerks for said tax commissioner, and fixing their compensation as stipulated herein: to provide that the laws as to tax receiver and tax collector shall be of full force and effect as to county tax commissioner as far as the same are applicable; to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect; to provide that all fees, commissions, and other compensation of the tax receiver and tax collector

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shall be paid into the depository of Floyd County, Georgia; to provide for the election of County Tax Commissioner of Floyd County, Georgia, and the method of filling vacancies; to provide for putting into effect in Floyd County, Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six; to provide that each and all the provisions herein contained relative to county tax commissioner shall become effective January 1, 1953; to provide for holding a general election in the fall of 1952: to carry out the provisions of this Act: to provide for ratification or rejection of this Act by the qualified voters of Floyd County, Georgia: and for other purposes, approved February 17, 1950, is hereby amended as follows: Act of 1950 amended. (a) By striking from the fourth line of Section 7 thereof the symbol and figures $7,000.00 and substituting in lieu thereof the symbol and figures $8,000.00. (b) By striking from the eleventh line of Section 7 thereof the symbol and figures $7,000.00 and substituting in lieu thereof the symbol and figures $8,000.00. (c) By striking from the seventeenth line of Section 7 thereof the symbol and figures $7,000.00 and substituting in lieu thereof the symbol and figures $8,000.00. (d) By striking from the fifth line of Section 9 thereof the symbol and figures $5,000.00 and substituting in lieu thereof the symbol and figures $5,500.00. (e) By striking from the eighth line of Section 9 thereof the symbol and figures $3,000.00 and substituting in lieu thereof the symbol and figures $3,300.00. (f) By striking from the eleventh line of Section 9 thereof the symbol and figures $2,100.00 and substituting in lieu thereof the symbol and figures $2,310.00. Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

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Section 3. There is attached to and hereby made a part of this Act a copy of a notice of the intention to apply for this Act, accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law, said copy and affidavit being marked Exhibit A. Exhibit A. Georgia, Fulton County. Personally appeared before the undersigned authority, Robert L. Scoggin, who, being duly sworn, says on oath that he is the author of the above and foregoing bill; that there has been published, as provided by law, notice of the intention to apply for said local and special bill, a copy of such notice being as follows: Notice. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its present session, for the enactment of a local and special bill to amend an Act of said General Assembly, approved February 17, 1950 (Ga. Laws, 1950, pp. 2749 et seq.), relating to the office of Tax Commissioner of Floyd County, Georgia, so as to increase the maximum limit of the salaries of said tax commissioner, his deputies, and his clerk and to repeal conflicting laws, and for other purposes. C. G. Kirkland, Chairman, Board of Roads and Revenue, Floyd County, Georgia. Sworn to and subscribed before me, this 11 day of February, 1955. /s/ Robert L. Scoggin. (Seal). /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal).

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Notice. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its present session, for the enactment of a local and special bill to amend an Act of said General Assembly, approved February 17, 1950 (Ga. Laws, 1950, pp. 2749 et seq.), relating to the office of Tax Commissioner of Floyd County, Georgia, so as to increase the maximum limit of the salaries of said tax commissioner, his deputies, and his clerk and to repeal conflicting laws, and for other purposes. C. G. Kirkland, Chairman, Board of Roads and Revenue, Floyd County, Georgia. Jan. 25; Feb. 1, 8. Approved March 7, 1955. MERIWETHER COUNTY TREASURER'S SALARY. No. 289 (House Bill No. 485). An Act to amend an Act entitled, An Act to provide for the pay of the County Treasurer of Meriwether County, a salary of $480 per annum, payable monthly, in lieu of the compensation now paid such treasurer as commission, and for other purposes., approved August 16, 1915 (Ga. Laws 1915, p. 301), as amended, so as to provide an increase of salary for the Treasurer of Meriwether County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to provide for the pay of the County Treasurer of Meriwether County, a salary of $480 per annum, payable monthly, in lieu of

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the compensation now paid such treasurer as commission, and for other purposes., approved August 16, 1915 (Ga. Laws 1915, p. 301), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The County Treasurer of Meriwether County shall be paid a salary of $200 per month, beginning on the first day of January, 1956, and payable on the last day of each month thereafter. Said salary shall be paid to such treasurer by authority of the County Commissioners of Meriwether County, and it shall be paid out of the funds heretofore provided for the paying of commission to such treasurer; and any excess of such amount heretofore provided for the paying of the commissions for such treasurer shall remain and be a part of the county funds of said county, to be expended and used by the County Commissioners of Meriwether County as other county funds are now expended. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given 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 Treasurer of Meriwether County. This 20th day of December, 1954. (12-24, 31; 1-7). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy W. Hardaway, who, on oath, deposes and says that he is Representative from Meriwether County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator,

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which is the official organ of Meriwether County, on the following dates: December 24, December 31, 1954 and January 7, 1955. /s/ Guy W. Hardaway, Representative, Meriwether County. Sworn to and subscribed before me, this 7 day of February, 1955. Janette Hirsch, Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 7, 1955. EASTMAN CHARTER AMENDED. No. 290 (House Bill No. 430). An Act to amend an Act of the General Assembly of Georgia approved August 6, 1921, (Ga. Laws 1921, p. 883 et seq.) entitled An Act to create a new charter for the City of Eastman; to consolidate the Acts relating to the rights and powers of said corporation; to enact amendments thereto, and for other purposes; as amended by that certain Act of the General Assembly of Georgia approved August 15, 1922, (Ga. Laws 1922, p. 808 et seq.), amending said Act in particulars therein related; relative to the manner of electing councilmen; relative to the qualification and registration of voters; relative to the time of posting a list of voters and adding voters' names inadvertently left off said list; relative to the selection of election personnel; relative to the oaths of challenged voters; relative to the designation of posts for councilmen; relative to times of meeting of council and compensation to councilmen; relative to elimination of trial for

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city manager; relative to power of city manager to make purchases on behalf of the city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows, to wit: Section 1. Section 6 of that certain Act of the General Assembly of Georgia approved August 6, 1921, (Ga. Laws 1921, pp. 883, 889), entitled An Act to create a new charter for the City of Eastman; to consolidate the Acts relating to the acts and powers of said corporation; to enact amendments thereto; and for other purposes; be and the same is hereby amended by striking the same in its entirety and substiuting in lieu thereof the following: Section 6. The City Clerk of the City of Eastman shall open a book or books, and keep the same opened, to be designated as `Voters Book.' Said book shall contain on the top of each page thereof the following oath, to wit: `I do swear or affirm that I am a citizen of the United State; that I am 18 years of age or will be on the third Wednesday in November of this calendar year; that I have resided in the State of Georgia for one year, in the County of Dodge for six months, and in the City of Eastman for three months immediately preceding the date of this oath, or will have so resided on the third Wednesday in November of this calendar year; and that I am not disfranchised from voting by reason of any offense committed by me against the laws of the State of Georgia. I further swear, or affirm, that the ward, street and number set opposite my name in the Voters' Book is my true place of residence, and that the statement opposite my name in this Voters' Book as to age and occupation is true, so help me God.' Voters' oath. Section 2. Section 7 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 890), be and the same is hereby amended by striking

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said section in its entirety and substituting in lieu thereof the following: Section 7. In addition to keeping such voters' book open for signatures during the usual hours of business daily from January 1st as hereinafter required, the City Clerk of the City of Eastman for a period of thirty days beginning ninety days prior to the third Wednesday in November of each year (the same being the date of the general city election) shall keep said voters' book open for signatures at his office for such additional times as the council may direct. The city clerk shall always keep such voters' book open for signatures at his office at any and all times when his office is open for the payment of taxes or other business. The city clerk is authorized and empowered to take charge of said voters' book and to administer said oath. When the signature of any person is not clearly legible the officer in charge of said voters' book shall at the time said signature is made write out the same in clear legible letters opposite said signature. Any person desiring to be registered as a voter, and qualified to register as hereinbefore provided, may apply to said city clerk, and after reading said oath, or having the same read to him, shall subscribe the same by subscribing his name in such voters' book underneath the printed oath above described; a memorandum of the ward (giving the name of the street and the number of his residence, if any, his age and occupation), in which affiant lives, being first made by the officer in charge of the book or by the affiant opposite the place of signature of affiant, and when affiant is not 18 years of age at the time of taking the oath, a similar entry or memorandum shall in like manner be made showing the date in that year when he will reach the age of 18 years; and when the affiant has not resided in the State one year, or in the county six months, or in the city three months at the time of taking the oath, a similar memorandum shall be made showing the date in that year when he will have resided in the State one year, in the county six months, and in the city three months. Upon the request of the applicant, or in any case in the discretion of the officer in charge of said

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book, such officer shall read or repeat said oath distinctly to the applicant, and if the applicant can not sign his name, said officer shall sign for affiant, the applicant making his mark thereto. The signature so made in said book shall be evidence that the person so signing swears, or affirms, the truth of every statement contained in said oath and also to the written memorandum or entry opposite his signature. For the purpose of more clearly identifying the voter, the officer in charge of the voters' book shall note thereon, in connection with each signature the race of the person signing, that is to say, whether white or colored. Any person swearing falsely under this section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State, and the act of signing said voters' book shall, in any prosecution hereunder be held and deemed equivalent to taking the oath therein printed. Sixty days before the general city election the clerk shall close the voters' book for the general election and for the party primary for that year and shall proceed to make up and file in his office a list to be designated registered voters in alphabetical order of names, distinguishing between white and colored voters. Registration of voters. Section 3. That Section 8 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, be and the same is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Section 8. All persons qualified to vote for members of the General Assembly of Georgia in the County of Dodge and who have resided three months within the limits of the City of Eastman and have registered as herein provided shall be qualified to vote at any city election. Qualified voters. Section 4. That Section 9 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 892), is hereby stricken in its entirety and the following inserted in lieu thereof:

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The following shall be qualifications necessary for registration: (a) The person must be a citizen of the United States who has resided within the State of Georgia for one year, in the County of Dodge for six months, and within the City of Eastman three months next preceding the time of election. Qualifications for registration. (b) The person must be 18 years of age or must become so by the date of the election. (c) The person must be qualified to vote for members of the General Assembly of Georgia in the County of Dodge. Section 5. That Section 12 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 893), be stricken in its entirety and the following substituted in lieu thereof: Section 12. It shall be the duty of the city clerk to cause to be printed and posted in front of the city hall in the City of Eastman at 2:00 o'clock, P. M., one week preceding the election the corrected list of the registered voters, and also to furnish to each of the election managers a certified copy of such printed list on or before the opening of the polls at any city election. The city clerk shall add to said list the names of registered qualified voters inadvertently omitted from said list who was qualified to vote at said election, at any time prior to the closing of the polls. The books of registration shall be open to public inspection at all times during business hours of said clerk. Voters' list. Section 6. That Section 15 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, be and the same is hereby amended by striking said section in its entirety and substituting in lieu thereof the following:

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Section 15. The Council shall appoint three freeholders, who shall be registered qualified voters of said city, to manage elections and such other clerks and election personnel as in its judgment might be necessary to properly conduct each election. It shall be the duty of the managers to receive, count and verify the number of votes polled. Other election personnel shall perform such duties in and about the election, as the managers, or a majority of them, might direct. Each of said managers before entering on his duties shall take the following oath before some judge or justice of the peace: `I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal voting, to the best of my ability and power, so help me God.' Management of elections. Section 7. That Section 18 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 894), be and the same is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Section 18. If any person offering to vote at said election is challenged he shall take the following oath: `I do solemnly swear that I am a citizen of the United States and of the State of Georgia, that I have attained the age of 18 years, have resided in the State one year, in the County of Dodge six months, and in the City of Eastman three months, next preceding this election; that I am a registered qualified voter of the City of Eastman; and that I have not voted in any other polling place this day, so help me God.' The managers in charge of said election shall make a memorandum on the ballot of the challenged voter showing that said voter was challenged and that the oath was administered to the voter. Challenge of voter. Section 8. That Section 20 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 895), be stricken in its entirety and the following substituted in lieu thereof:

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Section 20. The following posts are hereby established and designated for offices of councilmen as follows: Post No. 1, now held by R. T. Ragan, the term of which expires December 31, 1956; Post No. 2, now held by Jim Gary, the term of which expires December 31, 1955; Post No. 3, now held by John L. Lee, the term of which expires December 31, 1955; Post No. 4, now held by Hoke S. Wynne, the term of which expires December 31, 1955; and Post No. 5, now held by Kermit Parkerson, the term of which expires December 31, 1956. In all elections for councilmen the candidate or candidates shall specify the post of councilman for which he is a candidate. At each election for councilmen ballots shall be furnished to the electors showing the candidates for councilmen for each post and arranged in such order so that each elector may express his choice for one councilman for each post. Election of councilmen. After the votes for councilmen for each post at any election shall have been counted by the managers, they shall cause two certified copies of the tally sheets to be made out, one of which shall be handed over to the city manager for the time being and the other retained by the managers. As soon as the council shall be informed of the result of said election, the council shall cause the person elected to each post of Councilman to be notified of the same. The council shall cause to be filed with the Clerk of the City of Eastman the certified copies of the tally sheets of said election to be kept on file by said clerk in his office and duly recorded by him on the minute book of the council. The person who shall receive the highest number of votes for each post for council shall be declared duly elected to that post as a member of council. Section 9. That Section 29 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 898), be and the same is hereby amended by striking said section in its entirety and substituting in lieu thereof the following:

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Section 29. The persons elected as members of the council shall attend on the first Monday in December, or as soon thereafter as possible, after their election, at the council chamber in the City of Eastman for the purpose of qualifying and taking the oath of office. Each councilman elected shall take and subscribe before some judge or justice of the peace the following oath: `I , do solemnly swear that I will well and truly perform the duties as a member of the Council of the City of Eastman by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Eastman and the common interest thereof, so help me God.' They shall enter upon the duties of their office on January 1st following the taking and subscribing to said oath. The compensation to be paid to the members of the council shall be $5.00 for each meeting thereof attended for each councilman; they shall elect each year from their number a chairman and a vice-chairman. The council shall hold at least two regular meetings a month and such other regular or special meetings as the council shall from time to time determine. All meetings of the council shall be open to the public. Oath of councilmen. Compensation. Section 10. That Section 30 of the Act referred to in Section 1 of this Act and being the same Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 898), be and the same is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Section 30. The council shall appoint a city manager who shall be the chief executive officer of the city. He shall be chosen solely on the basis of his executive and administrative qualifications and need not when appointed be a resident of the City of Eastman or of the State of Georgia. No member of the council shall be chosen as city manager. The city manager shall not be appointed for a definite term but shall be removable at the pleasure of the council with or without cause. In case of the absence or disability of the city manager the council shall designate some qualified person to perform

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the duties of the office. The city manager shall receive such compensation as may be fixed by the council. City manager. Section 11. That Section 33 of the Act referred to in this Act and being the Act identified as the Act approved August 6, 1921, (Ga. Laws 1921, pp. 883, 900), as amended by that certain Act of the General Assembly of Georgia approved August 15, 1922, (Ga. Laws 1922, pp. 808, 812), entitled An Act to amend an Act to create a new charter for the City of Eastman and for other purposes, as found in Section 5 thereof, be amended by striking said Section 33 of said 1921 Act and Section 5 of said 1922 Act in their entireties and substituting in lieu thereof a new section to read as follows: Section 33. The city manager shall be the purchasing agent for the city and shall make all contracts of any kind and character to be done for, or in behalf of, the city. All purchases of merchandise or material of less amount than $300.00 and all contracts that may involve a sum less than $300.00 may be made by the city manager without the approval of the council, but all purchases of merchandise or material amounting to more than $300.00 and all contracts in which more than $300.00 are involved, shall be subject to the approval of the council, and the salaries of all employees and officers appointed or employed by the city manager shall be subject to the approval of the council. Purchases. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Dodge County. Notice is hereby given that I will apply for, introduce in, and sponsor the passage of, in the January, 1955, session of the General Assembly of the State of Georgia the following local legislation relative to the City of Eastman: A Bill. to be entitled an Act to amend an Act of the General

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Assembly of Georgia approved August 6, 1921, (Ga. Laws 1921, pp. 883 et seq.) entitled An Act to create a new charter for the City of Eastman; to consolidate the Acts relating to the rights and powers of said corporation; to enact amendments thereto, and for other purposes; as amended by that certain Act of the General Assembly of Georgia approved August 15, 1922, (Ga. Laws 1922, pp. 808, et seq.), amending said Act in particulars therein related; relative to the manner of electing councilmen; relative to the qualification and registration of voters; relative to the time of posting a list of voters and adding voters names inadvertently left off said list; relative to the selection of election personnel; relative to the oaths of challenged voters; relative to the designation of posts for councilmen; relative to times of meeting of council and compensation to councilmen; relative to elimination of trial for city manager; relative to power of city manager to make purchases on behalf of the city; and for other purposes. This January 3, 1955. Gilbert Peacock, Representative from Dodge County, Georgia. Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the newspaper in which the sheriff's advertisements for Dodge County, Georgia, are published, and that a true and correct copy of the foregoing notice of intention to apply for the passage of local legislation was published in said Times-Journal on the 5th, 12th and 19th days of January, 1955. This January 20, 1955. /s/ E. T. Methvin. Approved March 7, 1955.

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LEE COUNTY TREASURER'S SALARY. No. 292 (House Bill No. 215). An Act to amend an Act entitled An Act to provide as compensation for the Treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law, approved August 8, 1916 (Ga. Laws 1916, p. 460), so as to increase the compensation of the treasurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide as compensation for the Treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law., approved August 8, 1916 (Ga. Laws 1916, p. 460) is hereby amended by striking the figure and words seven hundred ($700) from Section 1 and in lieu thereof inserting the figure and words nine hundred ($900), so that Section 1, as amended, shall read: Section 1. The Treasurer of Lee County shall receive as sole compensation for his services a salary of nine hundred dollars ($900) per annum, the same to be divided into four equal installments and to be paid quarterly by the Board of Commissioners of Roads and Revenue of Lee County from the funds of Lee County. The salary provided herein shall be in lieu of any and all commissions or other compensation to said officer for his services. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: This is to notify all concerned that it is my intention to introduce the following legislation affecting Lee County in the 1955 session of the General Assembly of Georgia:

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(1) Bill to increase the annual salary of the Treasurer of Lee County, Georgia. (2) Bill to amend the charter of the City of Leesburg, Georgia, to close Fourth Street in the City of Leesburg, between Starkeville and Academy Streets. This the 5th of November 1954. W. M. Coxwell, Representative Lee County, Georgia. James M. McBride, Senator 10th Senatorial District. Georgia, Lee County. Personally before the undersigned officer duly authorized to administer oaths appeared W. M. Coxwell, who being first duly sworn deposes and says on oath that the notice of intention to introduce local legislation, copy of which is hereto above attached, was published in the Lee County Journal, the newspaper in which Sheriffs' advertisements for Lee County, Georgia, are published, on November 26, and December 3, 1954, and Jan. 22, 1955. /s/ W. M. Coxwell, W. M. Coxwell. Sworn to and subscribed before me, this 18 day of January, 1955. /s/ G. Stuart Watson, Notary Public, Dougherty County, Georgia. Approved March 7, 1955. COFFEE COUNTY SCHOOL SUPERINTENDENT'S TERM. No. 293 (House Bill No. 493). An Act to become effective January 1st, 1957, to provide for the fixing of the term of office of the Superintendent

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of Schools of Coffee County, Georgia, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That, effective January 1st, 1957, the term of office of each respective Superintendent of Schools of Coffee County, Georgia, shall be for such period or periods, as to each respective superintendent of said schools, as may be fixed by contract by the Board of Education of Coffee County, Georgia, and each respective Superintendent of Coffee County Schools; provided, further, that no term of office of a Superintendent of Schools of Coffee County, Georgia, shall exceed four years under one contract, and every such contract of employment shall make provisions for termination of such contracts, by the Board of Education of Coffee County, Georgia, and by each respective school superintendent prior to the expiration date fixed in each respective contract. Term. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Certificate of Publication. Georgia, Coffee County. Personally appeared before the undersigned, Thomas Frier, who on oath, first being duly sworn, deposes and says that the following Notice of Intention of Apply for Passage of a Special Bill was published in the Douglas Enterprise, the official gazette for Coffee County, Georgia, in its issues of Thursday, December 2nd, 1954; Thursday, December 9th, 1954; Thursday, December 16th, 1954; and Thursday, December 23rd, 1954. /s/ Thomas Frier, Editor of the Douglas Enterprise.

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Sworn to and subscribed before me, on this the 5th day of February, 1955. /s/ Arthur C. Farrar, Notary Public, State of Georgia. (Seal). Notice of Intention to Apply for Passage of a Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: To provide that, effective January 1st, 1957, the term of office of the Superintendent of Schools of Coffee County, Georgia, shall be for such period, as to each respective school superintendent, as may be fixed by contract between the Board of Education of Coffee County, Georgia, and school superintendents, provided, further that no term shall exceed four years under one contract, and every such contract shall provide for its termination, by the board of education and each respective school superintendent, prior to the expiration of each contract term. This 1st day of December, 1954. Dewey Hayes, Andrew J. Tanner, Members of the General Assembly of Georgia. Approved March 7, 1955. ATHENSSTREET CLOSING AUTHORIZED. No. 294 (House Bill No. 442). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts

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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 close that portion of Childs Street lying between Prince Avenue and Meigs Street within the corporate limits of the City of Athens. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. The Mayor and Council of the City of Athens is hereby authorized and permitted to close that portion of Childs Street lying between Prince Avenue and Meigs Street within the corporate limits of said city and to convey one-half of its right, title and interest in and to the land on which said portion of said street is located to the abutting property owners on each side of said portion of said street: provided, however, that The Mayor and Council of the City of Athens shall not be authorized to exercise the powers herein conferred unless and until Barber Street shall have been first opened and extended from Prince Avenue to Meigs Street. Childs Street. 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 January, 1955, session thereof for an amendment to the charter of The Mayor and Council of the City of Athens authorizing The Mayor and Council of The City of Athens to close that portion of Childs Street lying between Prince Avenue and Meigs Street within the corporate limits of said City. This 6th day of January, 1955. Robert G. Stephens, Jr., Chappelle Matthews, Representatives from Clarke County in the General Assembly of Georgia.

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J 7-14-21. 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 legislature affecting The Mayor and Council of the City of Athens was published in the Athens Banner-Herald on January 7, 1955, January 14, 1955 and January 21, 1955. /s/ E. B. Braswell. Certified, sworn to and subscribed before me this 31st day of January, 1955. /s/ James Barrow Notary Public, Clarke Co. Ga. (Seal) Approved March 7, 1955. AUGUSTASIDEWALK ASSESSMENTS. No. 295 (House Bill No. 433). An Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), and by various amendatory Acts thereof, especially the Act entitled An Act to authorize the City Council of Augusta to improve the sidewalks of the City of Augusta, including all necessary curbing for the same, and assess and collect the cost for such improvement and curbing on the real estate abutting on the street,

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and for other purposes, approved December 23, 1896 (Ga. Laws, 1896, pp. 121-122), and the Act entitled An Act to amend the charter of the City of Augusta, approved December 20, 1899 (Ga. Laws, 1899, pp. 131-132) and the Act entitled An Act to authorize the City Council of Augusta to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or public alleys of the City of Augusta, to make and collect assessments for the same, and for other purposes, approved August 19, 1916 (Ga. Laws, 1916, pp. 549-551), so as to provide a more equitable method of making assessments against residential real estate abutting on the street and on the side of the street on which the sidewalks are improved or the owners of such real estate for the cost of grading, paving, macadamizing and otherwise improving for travel or drainage the sidewalks, including all necessary curbing and any of the streets or public alleys of the city where said real estate is located on a street corner and has a frontage on two or more streets; 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 amendatory Acts thereof, and especially the act entitled An Act to authorize the City Council of Augusta to improve the sidewalks of the City of Augusta, including all necessary curbing for the same, and assess and collect the cost for such improvement and curbing on the real estate abutting on the street, and for other purposes, approved December 23, 1896 (Ga. Laws, 1896, pp. 121-122), and the Act entitled An Act to amend the charter of the City of Augusta, approved December 20, 1899 (Ga. Laws, 1899, pp. 131-132), and the Act entitled An Act to authorize the City Council of Augusta to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or public alleys of the City

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of Augusta, to make and collect assessments for the same, and for other purposes, approved August 19, 1916 (Ga. Laws, 1916, pp. 549-551), be, and the same is hereby further amended so as to provide a more equitable method of making assessments against residential real estate abutting on the street and on the side of the street on which the sidewalks are improved or the owners of such real estate for the cost of grading, paving, macadamizing and otherwise improving for travel or drainage the sidewalks, including all necessary curbing and any and all of the streets or public alleys of the city where said real estate is located on a street corner and has a frontage on two or more streets, as follows: By adding thereto the following proviso: Provided that the cost of any of said improvements along the side of any residential real estate which abuts on the street or public alley to be improved shall be assessed the full amount of said cost where the side frontage is 100 feet or less and where the side frontage is between 100 and 150 feet the cost shall be assessed for only 100 feet, and where the side frontage is in excess of 150 feet the cost shall be assessed for two-thirds of the entire side frontage. Assessments. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of Publication. 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 Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local Legislation: Notice of Local Legislation. Notice is hereby given that the following local legislation

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legislation will be introduced by the undersigned at the 1955 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 by an Act approved January 31, 1798 (Ga. Laws, 1798), and by various amendatory Acts thereof, especially the Act entitled An Act to authorize the City Council of Augusta to improve the sidewalks of the City of Augusta, including all necessary curbing for the same, and assess and collect the cost for such improvement and curbing on the real estate abutting on the street, and for other purposes. approved December 23, 1896 (Ga. Laws, 1896, pp. 121-122), and the Act entitled An Act to amend the Charter of the City of Augusta, approved December 20, 1899 (Ga. Laws, 1899, pp. 131-132) and the Act entitled An Act to authorize the City Council of Augusta to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or public alleys of the City of Augusta, to make and collect assessments for the same, and for other purposes, approved August 19, 1916 (Ga. Laws, 1916, pp. 549-551), so as to provide a more equitable method of making assessments against real estate abutting on the street and on the side of the street on which the sidewalks are improved or the owners of such real estate for the cost of grading, paving, macadamizing and otherwise improving for travel or drainage the sidewalks, including all necessary curbing and any of the streets or public alleys of the city where the real estate is located on a street corner and has a frontage on two or more streets; and for other purposes. R. Lee Chambers, III, W. W. Holley, Carl E. Sanders, Members General Assembly of Georgia. Dec. 30; Jan. 6, 13.

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duly appeared in said newspaper on the following dates to wit: December-30-1954-January-6-13-1955. /s/ Jack E. Webb. Sworn to and subscribed before me this 13th day of January, 1955. /s/ Geo. M. Peters Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal) /s/ R. Lee Chambers, /s/ W. W. Holley, /s/ Carl E. Sanders, Members General Assembly of Georgia. Approved March 7, 1955. MACONVOTING MACHINES. No. 296 (House Bill No. 563). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon 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

Page 3006

set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts, so as to permit the use of voting machines for casting, registering, recording, and computing ballots or votes in all elections in the City of Macon; 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 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all 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, be, and the same are hereby further amended by striking Subsection (d) of Section 5 and Section 17 of said Act of 1927 as amended, and substituting in lieu thereof new sections bearing the same letters and numerals, and by adding after Section 15, a new section to be known as Section 15, so that said sections as amended and added shall read as follows: Section 5. (d) Any person desiring to vote in any city election, primary or referendum shall execute an application to vote, giving his name and then current residence address. If the address on the application to vote shall differ from that shown on the voters' list, the election manager shall determine whether the address as shown on the application to vote is within the

Page 3007

corporate limits of the City of Macon. If the applicant still resides within the city as shown by the application, he shall be permitted to vote; otherwise, not. Applications to vote shall be filed with the city registrar who shall compare the same with the voters' list, and he shall cause the voters' list to be amended to conform to the addresses shown on the applications to vote. Applications to vote may be destroyed by the registrar after 60 days after any election, primary or referendum. Upon the request of any person unable to execute the application to vote, an election manager may act as scrivener for the applicant. Applications to vote. Section 15. Use of voting machines in city elections. (a) At all elections hereafter held in the City of Macon, whether regular, special, or other elections held under or by authority of the charter of the City of Macon or any election held for the purpose of determining any question or matter which may be submitted to and referred to the vote of the people of said city or any part thereof, and at all other elections hereafter held in the City of Macon or in any part thereof, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act as hereinafter set forth. Voting machines. (b) The Mayor and Council of the City of Macon may at any regular meeting, or at a special meeting called for the purpose, by a majority vote adopt, purchase, authorize lease, or otherwise procure and provide for the use of, any voting machine meeting the requirements of this Act as hereinafter set forth, in any one or more voting precincts within said city, and thereafter said machine and any requisite number of the same may be used for voting at all elections for public officers and at all regular, special and other elections held by or under the authority of said city and on all questions and matters that may be submitted thereat, and at any general and all other elections hereafter held in said city or in any part thereof, and for receiving, registering, recording and counting the votes of the electors in such election

Page 3008

district or districts, precinct or precincts, ward or wards, as the said mayor and council may direct. Adoption of use. (c) In the event the Mayor and Council of the City of Macon vote to adopt, purchase, authorize, lease or otherwise procure and provide for the use of any voting machine as provided in Subsection (b) above, said mayor and council may provide in each election district, precinct, or ward in which voting machines are to be used, one voting machine for each 500 registered voters or fraction thereof, therein, and shall provide one voting machine for each 600 registered voters or fraction thereof, therein. Number of machines. (d) Be it further enacted by the authority aforesaid, that no voting machine shall be adopted or used unless it shall, at the time, satisfy the following requirements: It shall afford each elector an opportunity to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation; and, in one operation, to vote for all the candidates of one party for presidential electors, and, in one operation, to vote for all the candidates of one party for every office to be voted for except those offices as to which he votes for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties, from independent nominations, and from persons not in nomination; that it enables each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot-lable as a candidate for nomination or election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote, it shall preclude each voter from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and

Page 3009

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

Page 3010

use of which, immediately after the polls are closed, or the operation of the machine for an election is completed so that all movements of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain, which shall conceal the actions of the voter while voting; it shall be constructed of material of good quality, in a neat and workmanlike manner; it shall, when properly operated, register or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it; it shall be safely transportable; it shall be so constructed and controlled, that, during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Specifications for machines. (e) The Mayor and Council of the City of Macon may provide for the experimental use at any election or elections of a machine which they might lawfully adopt, without a formal adoption thereof, and such use at such election shall be as valid for all purposes as if it had been lawfully adopted; such use may be in one or more election precincts, districts or wards in said city. Experimental use. (f) Upon the adoption and lease or purchase of a voting machine or machines, said mayor and council may provide for the payment therefor in such manner as may be deemed for the best interest of said city. They may, for that purpose, make leases, issue bonds, certificates of indebtedness, or other obligations which shall be a charge on the city. Such bonds, certificates or other obligations may be issued with or without interest payable at such time or times as the mayor and council may determine, subject to constitutional limitations. Acquisition of machines. (g) Following the adoption of voting machines as provided in Subsection (b), said mayor and council shall provide each voting or polling place with one or more voting machines according to the necessity therefor, in complete working order and shall preserve and keep

Page 3011

in repair the same, and shall provide for the custody of said machines and the furniture and equipment of the polling place when not in use at an election. Preservation and repairs. (h) The exterior of the voting machines and every part of the voting or polling place, shall be in plain view of the election watchers and officers. The voting machine shall be located at the voting or polling place in such position, that unless its construction shall require otherwise, the ballot-labels on the face of the machine can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or commissioners shall not themselves be, nor allow any other person to be, in any position that will permit one to see or ascertain how a voter votes, or how he has voted. The election managers, or one of them, shall inspect the face of the machine at frequent intervals, to see that the ballot-labels are in their proper places, and that the machine has not been injured or tampered with. During an election, the door, or other covering of the compartment containing the counters of the machine, shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signatures of the election managers, or except upon the written order of the mayor for good and sufficient reason which shall be stated in the order; the mayor and council shall appoint not more than one custodian for every twenty machines, to receive such compensation as said mayor and council may prescribe. Requirements as to use. (i) During the thirty days next preceding an election, the mayor and council shall place on public exhibition, in such places and at such times as they deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot-labels, and showing the offices and questions to be voted upon, the names and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines

Page 3012

shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in an election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the election. During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and then only upon written authorization from the mayor. Instruction in use of machines. (j) Any voter who may state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, he is unable to use the voting machine, may upon request have assistance in voting in the same manner as provided may be done in Section 34-1905, as amended, of the Code of Georgia of 1933. Assistance to certain voters. (k) In any election district or precinct in which voting machines may have been adopted any voter, but only when required by his regular business and habitual duties to be absent from the city, ward, district, or precinct in which he is registered, may vote by complying with the provisions of the law of this State as contained in Chapter 34-33, as amended of the Code of Georgia of 1933. Absentee voting. (l) In any election district, precinct or ward of said city, in which voting machines may have been adopted the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statement of the proposed constitutional amendment or other question or proposition to be voted on shall be known as a ballot-label. The ballot-label shall be supplied by the Clerk of the Mayor and Council of the City of Macon and shall be printed in black ink on clear white material of such size as will fit the machine and in plain, clear type as large as the space will reasonably permit. The party name or other designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is now provided

Page 3013

by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The names of all candidates, nominated or seeking nomination by a political party, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election shall be determined by said clerk, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangement of ballots at such election, and sufficient copies of same shall be furnished by him to the election managers of the respective voting or polling-places, as may be necessary, at the cost of the city. Ballot-labels. (m) The clerk of said mayor and council shall provide the following for any voting or polling place: (1) A lantern, or a proper substitute for same, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels, and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. Equipment for polling places. (2) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompained by illustrated directions for voting on the machine. Such diagram shall be posted prominently outside the enclosed space within the voting or polling place. Sample ballots. (3) Prior to any election, said clerk may cause copies of any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. (n) The requisite number of ballot-labels for use in

Page 3014

the voting machine or voting machines shall be provided for each polling place for each election district or precinct by the clerk of said mayor and council. In such manner shall be furnished also all other necessary materials for the use of voting machines. In the case of all elections, the said clerk shall notify, as far in advance thereof as practicable, the respective chairmen of the county executive committees, or other body or bodies having similar duties thereto, of the political parties, of the intended preparation of such machines for voting. Said clerk shall, before the day of election, cause the proper ballot-labels to be put upon each machine corresponding with the sample ballot-labels herein provided for, and the machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling-place. And said clerk shall cause the machine or machines so labeled in order set and adjusted, to be delivered at the voting or polling place, together with all necessary furniture and appliances that go with the same, in the room where the election is to be held in the precinct, not later than 6 o'clock P. M. of the day preceding the election. On the morning of the election the election managers shall meet in the said room at least one-half hour before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters except protective counters are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said clerk shall be notified immediately; after provision shall have been made for the use of a machine or machines as will enable the managers of the election to properly conduct the same, or after provision shall have been made for the use of written or printed ballot, the election shall proceed. The machine or machines so used in such election shall not thereafter be operated except by electors in voting. Preparation of machines for election.

Page 3015

(1) The election officers or board in such district or precinct in which a voting machine or voting machines are used shall consist of three superintendents or managers who shall be appointed by the mayor as provided in Section 14; provided, that if at the time set by law for the opening of the polls on the day of election there is no such official present to hold the election, any three freeholders of the election precinct or district may superintend the election and hold and conduct the same, and shall administer the oath required to each other, which shall be of the same effect as if taken by a qualified officer; provided, that nothing herein contained shall be construed to hinder or prevent any one or more of said appointees of the mayor from acting as manager or managers, should they be present at the polling place, supplying the number of managers required as herein provided from any of the freeholders as aforesaid. Persons who can not read and write shall not be competent to serve as managers of election. The election managers herein provided for, or freeholders acting in their stead as above provided for, shall take the oath prescribed by Section 14 of the charter of the City of Macon. Where more than one machine is used in any election district or precinct there shall be one additional manager for each additional machine more than one. The managers of election shall, upon notice from the clerk of said mayor and council attend any meeting or meetings called for their instruction and receive such instructions as shall be necessary for the proper conduct of the elections with the machine or machines. No manager of election shall serve in any election at which a voting machine or machines are used, unless he shall have received such instructions and is fully qualified to perform his duties in connection with the machine; provided, however, that this shall not prevent the appointment or serving of a manager of election, to fill a vacancy arising on the day of election. Said managers shall be judges of the qualifications of voters, and shall serve for such reasonable compensation as shall be prescribed by the mayor and council. All clerks may be dispensed with by the managers of elections in voting machine districts and precincts. Election management.

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(o) Ballots voted for any person whose name does not appear on the ballot-label on the machine as a candidate for office are herein referred to as write-in ballots. Such write-in ballot shall be deposited, written or affixed in or upon the receptacle or device provided for that purpose. Write-in ballots. (p) As soon as the polls are closed, the voting machine or machines shall be locked against voting and the registering compartment opened in the presence of all the members of the election board of managers or superintendents or other persons who may be lawfully within the room, giving full view of the registering counters and one of said election managers announcing in distinct tones the votes cast for each candidate and for and against the various constitutional amendments, questions or other propositions. (q) The election managers shall then ascertain the number of votes which the candidates have received both on the machine and by the voting of write-in ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the office as their titles are arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall make and sign a written certificate showing the results of such election. The transmission and delivery of said certificates by the managers of such election districts and all other papers of the election for the purpose of consolidation, also the consolidation certifying and returns thereof, shall all be in compliance with the laws in force pertaining to elections. When write-in ballots have been voted they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. The written certificate so made, after having been properly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and

Page 3017

ample opportunity shall be given to compare the results so certified with the registering counters of the machine or machines. After such comparison and correction, if any is made, the election managers shall then close the registering compartment and lock the same. Thereafter the machine or machines shall remain locked and sealed for a period of at least thirty days: Provided, however, that should the use of same be required at any election to be held within said thirty day period, the machine or machines may be opened at least ten days prior to the date of such subsequent election; Provided, further, that same may be opened at any time upon order of a court of competent jurisdiction. Ascertainment of results. (r) If a method of election for any candidate or offices or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or in case at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable, at one or more precincts or districts, or if for any other reason, at any election the use of voting machines wholly or in part is not possible or practicable, the clerk of said mayor and council may arrange to have the voting for such or all candidates or offices or on such or all constitutional amendments, questions or propositions conducted by paper ballots at such precincts or districts. In such cases, ballots shall be printed for such or all candidates or offices, or for such or all constitutional amendments, questions or propositions, and the election conducted by the election officers as herein provided for, and the ballots counted and return thereof made in the manner required by law for such candidates or offices or for such or all constitutional amendments, questions or propositions, in so far as paper ballots are used. When machines not used. (s) When the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of election shall promptly deliver to the clerk of said mayor and council, or his duly authorized

Page 3018

representative, the keys of the machine or machines enclosed in a sealed envelope. Keys of machines. (t) The mayor and council shall designate a person or persons who shall have the custody of the voting machines of said city, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the count of the votes cast at any election, the mayor shall have the machine or machines removed to the place of storage provided for in this section. Custody of machines. (u) Be it further enacted by the authority aforesaid, that the list of offices and candidates, and the statements of questions on the voting machine shall be deemed an official ballot. And that as used in this Act: 1. The words ballot-labels shall mean the cards, paper, or material, containing the names of offices and candidates and statements of questions to be voted on; 2. The word diagram shall mean an illustration of the official ballot, when placed upon the machine, showing the names of the parties, offices, and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot; Definitions. 3. The word question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election; 4. The words write-in ballot shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot-labels; 5. The words registering counters shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively; 6. The words public counter shall mean a counter

Page 3019

or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election; 7. The words protective counter shall mean a counter or protective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered, or operated, except by operating the machine; 8. The word custodian shall mean the person charged with the duty of testing and preparing the voting machine for the election, and instructing the election officers in the use of the voting machine; 9. The words election and elections, whenever used in this Act, shall be held to include and mean all regular, special or other elections held under or by the authority of the City of Macon; also any general and all other elections hereafter held in said city, or in any part thereof; 10. The words registering compartment shall mean that part of the voting machine containing the registering counters. (v) Any election officer, manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or injure, or attempt to injure, any voting machine to be used in or being used in any election, or who shall prevent, or attempt to prevent the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used or being used in an election, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to undergo imprisonment for not more than one year, or to pay a fine not exceeding one thousand dollars ($1,000.00), or both, in the discretion of the court. Violations. (w) Except as modified by the provisions of this Act, the general laws regulating general, regular, special,

Page 3020

and other elections, where not inconsistent with this Act, shall apply to all such elections, held in said city after adopting voting machines under the provisions of this Act. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the election district or districts, precinct, or precincts, in which an election is to be conducted by the use of such machine or machines. General laws. (x) Be it further enacted by the authority aforesaid, that it is hereby declared to be the intention of the General Assembly of the State of Georgia that, if this Act cannot take effect in its entirety, because of the judgment of a court of competent jurisdiction holding unconstitutional any section, paragraph or clause thereof, the remaining portions of the Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not been included herein. Section 17. Challenge of voters. If any person offering to vote at said election is challenged, he shall take the following oath: `I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen years, have resided in the State one year, in the County of Bibb six months, and in the City of Macon three months next preceding this election; that I have paid all taxes which, since the adoption of the present Constitution of this State, have been required of me, and which I have had an opportunity to pay agreeably to law, except for the year in which this election is held; and that I have not voted at any other polling-place this day; so help me God.' Challenge of voters. Section 2. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed so far as the conduct of elections is concerned within the City of Macon following the adoption of voting machines by said mayor and council.

Page 3021

State of Georgia, County of Fulton. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that attached notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit: 29th of January and the 5th and 12th of February, 1955, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 12th day of February, 1955. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) The Macon Telegraph. The Macon News. Macon, Georgia 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

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on the following dates. January 29, 1955, February 5, 1955, February 12, 1955. Signed Florence J. Scott. Sworn to and subscribed to before me this 12th day of February, 1955. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. (Notarial Seal Affixed) Georgia, Bibb County. To Whom It May Concern: Notice is hereby given of intention to apply for local legislation at the January, 1955, meeting of the General Assembly of Georgia now convening, amending an Act approved August 3, 1927 entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Act; 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 Acts appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927 and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or reenacting any section or subsection of Act or Acts, so as to permit the use of voting machines for casting, registering, recording, and computing ballots or votes in all elections in the City of Macon. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945.

Page 3023

This 28th day of January, 1955. C. Cloud Morgan, City Attorney. Approved March 7, 1955. ATLANTA CHARTER AMENDED. No. 297 (House Bill No. 13). 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 provisions of the charter relating to classification of businesses for taxation, codified as part of Section 25.90, Code, City of Atlanta, 1953, as follows: provided, that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax act, is hereby repealed. Business taxes.

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Section 3. There is hereby created in the department of Planning Engineer the position of deputy planning engineer, whose salary shall be $7,500.00 per year, subject to increase or decrease by the mayor and board of aldermen after the elapse of six months from the date of the approval of this Act The deputy planning engineer shall assist the planning engineer in his duties and perform such other duties as may be assigned to him by the planning engineer or by the mayor and board of aldermen. Said deputy planning engineer shall be appointed by the planning engineer and shall come from among the existing employees of said department of planning engineer. He shall serve during efficient service and good behavior as provided in the civil service laws of the city. Deputy planning engineer. Section 4. In addition to the group life insurance provided for by the charter, as amended, the mayor and board of aldermen are authorized to contract for additional group life insurance not to exceed one thousand dollars on the lives of each officer or employee of the city in such groups and in such classifications of amounts of insurance as it deems proper, provided that the payment by the officer or employee shall not exceed seventy cents per thousand per month. The balance of the cost required to pay for such group insurance shall be paid by the City of Atlanta except as to those employed by the board of education which shall be paid by the board of education from appropriations made to that department. No officer or employee shall be compelled to take such additional insurance but if he voluntarily elects to do so the comptroller shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured if he is an employee of the city and the board of education is authorized to deduct the contributions of their employees. Group life insurance. Section 5. The mayor and board of aldermen shall have full power and authority to sell, exchange, alien or otherwise dispose of surplus waterworks property consisting of about one acre of land in Land Lot 150 of

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the 17th District of Fulton County, Georgia, bounded on the north by Huff Road, N. W., on the east by United Butchers Abbatoir, Inc., on the south by the Southern Railroad, and on the west by United Butchers Abbatoir, Inc. and Spencer-Adams Paint Company. Surplus waterworks property. Section 6. The City of Atlanta, as a body politic, shall have the full power and authority to acquire, by the exercise of the power of eminent domain, any real property or any interest therein, within or without the corporate limits of said city, which it may deem necessary for any corporate purpose. Eminent domain. Section 7. The chief deputy in the office of Municipal Revenue Collector assigned to that position by the Municipal Revenue Collector, under authority of Section 3 of the Act approved February 15, 1952 (Ga. Laws 1952, pp. 2678, 2679), shall be the chief administrative officer for the department of Municipal Revenue Collector. His salary is fixed at $6,000.00 per annum, which may be increased or decreased by the mayor and board of aldermen after the expiration of six months from the date of the approval of this Act. Chief deputy, office of municipal revenue collector. Section 8. Salaries of officials named below shall be increased in an amount equal to 5% of the respective basic salaries heretofore fixed by this charter, as amended, said increase to be effective January 1, 1955, and subject to increase or decrease, as provided in the charter, as amended: City Attorney; Comptroller; Chief of Construction; Chief of Police; Chief of Fire Department; General Manager of Waterworks; Sanitary Engineer; First Assistant Sanitary Engineer; Chief Plumbing Inspector; Director of Personnel; Airport Manager; Director of Public Library; Planning Engineer; City Traffic Engineer; Municipal Revenue Collector; Superintendent of Electrical Affairs; Clerk of Board of Aldermen; General Manager of Parks; Purchasing Agent; Garage Superintendent; Prison Superintendent; Manager of City Auditorium; Building Superintendent; Inspector of Buildings; Judges

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of Municipal Court of Atlanta; Chief Associate Judge of Municipal Court of Atlanta; Associate Judges-Probation Officers, Municipal Court of Atlanta; Superintendents of Police Department; Captains of Police Department. Salaries. Section 9. Basic salaries of officials named below shall be the amount opposite the respective names: Executive Secretary in the Office of Mayor$7200.00 Same. Deputy Municipal Revenue Collector (formerly Tax Collector)$6900.00 Section 10. The basic salary of the Land Agent is increased $1,000.00 per annum, to be effective January 1, 1955, subject to increase and decrease as provided in the charter, as amended. Same. Section 11. Upon organization of the traffic court the salaries of the judges and associate judges of the municipal court shall not be less than the salaries fixed by law for the similar positions in the traffic court. Salaries. Section 12. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Hoke Smith author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1955

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session of the General Assembly, which convenes on Monday, January 10, 1955, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican, Representative. M. M. (Muggsy) Smith, Representative. Hoke Smith, Representative. Hamilton Lokey /s/ Hoke Smith Dec 16 23 30 Jan 6 This 12 day of January, 1955. Sworn to and subscribed before me this 12 day of January, 1955. /s/ J. C. Murphy, Notary Public. Approved March 7, 1955. ALMA PLANNING COMMISSION. No. 298 (House Bill No. 53). An Act to repeal an Act entitled An Act to enable Bacon County and the City of Alma, Georgia, to establish a joint planning commission, to make and amend an overall plan, and to otherwise promote the orderly growth and development of the county and city; to provide for the creation and appointment of said commission; to define the powers and duties of said commission

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; to repeal conflicting laws; and for other purposes., approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2520); to enable the City of Alma, Georgia, to establish a planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and development of the 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: Section 1. An Act entitled An Act to enable Bacon County and the City of Alma, Georgia, to establish a joint planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and development of the county and city; to provide for the creation and appointment of said commission; to define the powers and duties of said commission; to repeal conflicting laws; and for other purposes., approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2520), is hereby repealed in its entirety. 1953 Act repealed. Section 2. Planning commission; creation and appointment. The Mayor and Council of the City of Alma, Georgia (hereinafter referred to as the mayor and council) are authorized to create a city planning commission (hereinafter referred to as the commission) of four members, as follows: (1) The Mayor of Alma. (2) One member of the City Council of Alma appointed by the mayor. (3) Two citizens of the City of Alma appointed by the mayor. Terms of appointive members shall be four years or thereafter until their successors are appointed. Any vacancy in any appointive membership shall be filled

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within a reasonable time in the same manner as the initial appointment, but only for the unexpired term. The appointing officer or council shall have the authority to remove any appointive member for cause stated in writing and after public hearing. Section 3. 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. The commission may employ the services of a city planner and such other employees or consultants as are necessary. The expenditures of the commission, exclusive of gifts, shall be within the amount appropriated by 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 4. Planning commission; powers and duties. The commission shall have the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city 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: 1. Study the resources, possibilities, and needs of Alma 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 as defined in Section 5 of this Act. 2. Prepare and recommend to the mayor and council

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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 for adoption of a zoning ordinance and map. 4. In response to requests from officials and departments of the city 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 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 for adoption an official map together with regulations for the protection of proposed street rights-of-way, parks, playgrounds, and school sites and other public grounds shown on said map. 6. Promote public interest in and understanding of the master plan, planning and zoning. 7. Study and recommend with consideration for need,

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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 to officials, citizens, agencies and organizations. Section 5. 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 may include: 1. The general location, character, and extent of roads, streets, bridges, tunnels, viaducts, parks, parkways, waterways, waterfront developments, playgrounds, airports, forest reservations and other public ways, grounds, places and spaces. 2. The general location of public buildings and other public property. 3. The general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication, and other purposes. 4. The acceptance, widening, removal, extension, relocation, narrowing, vacating, 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 [Illegible Text], 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 6. 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 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. Section 7. 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 the City of Alma, nor shall any real property be acquired by the 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 mayor and council which shall have the power to overrule such disapproval. Upon such overruling the council or the appropriate office, department, or agency shall have the power to proceed. The widening, narrowing, relocation, vacating 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 council. The failure of the commission to act within thirty days after date of official submission to the commission shall be deemed approval, unless a longer period be granted by the council or other submitting authority.

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Section 8. Zoning . The governing body of the city is authorized to regulate in its respective jurisdiction 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. 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 areas in the city. Section 9. Purposes of zoning regulation . Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the State of Georgia, including amongst other things, lessening congestion in the streets or roads, of reducing the wastes of excessive amounts of road; securing safety from fire and other dangers; providing adequate light and air; preventing, on the one hand, excessive concentration of population and, on the other hand, excessive and wasteful scattering of population or settlement; promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, educational opportunity, recreation, soil fertility, food supply, and the protection of urban development. Section 10. Official map . From and after the time

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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 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 deterimental to their public use. 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 portion thereof showing public streets and roads theretofore existing and established by law, or accepted in subdivision plats approved as prescribed in this Act, 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 city hall of the City of Alma in a manner open to public inspection. The making, certifying and establishment of such maps shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street, or the taking or acceptance of any land for street purposes. Whenever the commission shall have prepared, adopted and certified to the governing body a master plan for parks, playgrounds, school sites or other public grounds, or for one of these types of grounds, the governing body may, within the conditions and procedure prescribed herein for streets and roads, in the same manner establish an official map for that type or types of grounds.

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Section 11. Zoning and official map; procedure . The official map and zoning ordinances, maps and texts, may be amended, extended or modified by the governing body 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 city. 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 the 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. Section 12. 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 may provide in these ordinances, or amendments thereto, for the issuance of building permits by specifying the conditions whereby permits shall be issued or withheld, and designating a building officer or inspector for this purpose. The governing body may provide that no permit shall be issued for (1) any building or structure or part thereof on any land located within the lines of any street, road, park, playground, school site or other public ground shown on the official map; (2) any building on property to which there is no 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. Excepting in streets existing and established by law as public streets as 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.

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Section 13. Zoning and official map; board of appeals. Any zoning or official map ordinance enacted by 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, and two 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 3 of this Act. 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 14. Subdivision regulation. The mayor and council may adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for public safety, economy and convenience in the development of land, for the coordination of streets and other ways within the subdivided land with other existing or planned streets and ways or for conformance to the master plan or official map, for adequate open spaces, for spaces for traffic, utilities, recreation, light and air, and for the avoidance of congestion of population. Such regulations may include requirements as to the extent to which and the manner in which streets and other ways shall be graded and improved and water, sewer and other utility mains, piping, connections, or

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other facilities shall be installed as a condition precedent to the approval of a subdivision. Such regulations shall provide for a preliminary approval by the planning commission of the plat of a proposed subdivision previous to such improvements and installation and for a final approval by the planning commission or other officials. Section 15. Enforcement and remedies. The governing body of the city 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 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. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act which will amend a certain Act establishing a Bacon County and City of Alma joint planning commission by providing that said Act shall only be operative in City of Alma, and further that Mayor of Alma have authority to appoint members of commission, and for other purposes. Braswell Deen, Jr., Representative, Bacon County, Georgia. C 12-30-1-6-13 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

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Representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Alma Times, which is the official organ of Bacon County, on the following dates: December 30, January 6 and January 13, 1955. /s/ Braswell Deen, Jr., Representative, Bacon County. Sworn to and subscribed before me this 17 day of January, 1955. /s/ R. E. Wheeler, J. P. Notary Public. Approved March 7, 1955. HALL COUNTY TAX COMMISSIONER. No. 299 (House Bill No. 46). An Act to consolidate the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County with the same duties and liabilities as the two offices so consolidated; to provide that the term of office of Tax Commissioner of Hall County shall begin on January 1, 1957; to provide for a salary for the tax commissioner; to provide for assistant personnel for the tax commissioner; to provide for expenses in operating the office of tax commissioner; to provide that all fees and other income of the offices of tax collector and tax receiver shall be collected by the tax commissioner and paid to Hall County; 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 offices of Tax Collector and Tax Receiver

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of Hall County are hereby consolidated into one office at the end of the current terms of said offices which expire on December 31, 1956. In place of said two offices there is hereby created the single office of tax commissioner which office shall have the same duties and liabilities as the two offices so consolidated. The term of office of tax commissioner shall be the same as other county officers, and the tax commissioner shall be nominated and elected at the same time and in the same manner as other county officers. All laws applicable to the offices of tax collector and tax receiver shall be applicable to the office of tax commissioner insofar as the same can apply. Before entering upon the duties of his office the tax commissioner shall take the oath now prescribed by law for the tax collector and tax receiver and shall give bond as prescribed by statute. The bond premium shall be paid by Hall County. In the event the office of tax commissioner shall become vacant for any reason, the vacancy shall be filled for the remainder of the unexpired term in the same manner provided for other county officers. Tax commissioner. Section 2. The Tax Commissioner of Hall County shall be paid a salary of $10,000.00 per year in equal monthly installments by Hall County and said salary shall be the tax commissioner's sole compensation for performing the duties of his office. Salary. Section 3. The Tax Commissioner of Hall County shall have the sole authority to select, hire, fire, and fix the compensation of his necessary employees. The salaries of said employees and the necessary operating expenses of the tax commissioner's office shall be paid by Hall County in addition to the salary of the tax commissioner. Assistants. Section 4. All fees, penalties, costs, commissions, and other compensation of whatever nature now or hereafter allowed by law to the Tax Collector and Tax Receiver of Hall County for performing the services of said offices shall be collected by the Tax Commissioner of Hall County and the same shall be paid to Hall County not

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later than the 15th day of each month following the month during which said sums were collected. Fees, costs, etc. Section 5. The Tax Commissioner of Hall County shall each year before the due date for the payment of taxes forward to each taxpayer of the county a written statement showing the amount due by said taxpayer and the due date. Tax statement. Section 6. This Act shall not become effective unless approved by the people in a referendum election held for such purpose. The Ordinary of Hall County shall issue the call for an election for the purpose of submitting this Act to the voters of Hall County for approval or rejection. The date of the election shall be set for a day in the fourth week of November, 1955. 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 Hall County. The ballot shall have printed thereon the words: For approval of the Act consolidating the offices of Tax Collector and Tax Receiver into the one office of Tax Commissioner of Hall County. Against approval of the Act consolidating the offices of Tax Collector and Tax Receiver into the one office of Tax Commissioner of Hall County. Referendum. All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote 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 such election 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 Hall County. It shall be the duty of the ordinary to hold and conduct such election. 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.

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Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that application has been made to the Representative of Hall County Georgia to introduce in the General Assembly of Georgia which convenes in January, 1955, a bill to provide for the consolidation of the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County with the same duties and liabilities as the two offices so consolidated; to provide for a salary for the tax commissioner; to provide for assistant personnel for the tax commissioner; to provide for expenses in operating the office of tax commissioner; to provide that all fees and other income of the offices of tax collector and tax receiver shall be collected by the tax commissioner and paid to Hall County; to repeal conflicting laws; and for other purposes. This notice is given in compliance with Sections 2-1915 and 47-801, Ga. Code Ann. /s Wm. B. Gunter. /s/ W. M. Williams. Affidavit. William B. Gunter and W. M. Williams 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 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 deponents who are the

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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. /s/ W. M. Williams. Sworn to and subscribed before me this 12 day of January, 1955. /s/ G. Stuart Watson Notary Public, Dougherty County, Ga. Approved March 7, 1955. LONG COUNTY COMMISSIONERSCOMPENSATION. No. 300 (House Bill No. 514). An Act to amend an Act of the General Assembly of Georgia, approved February 12th, 1951, as contained in the published Acts of 1951 commencing on page 2322, by striking from Section Four (4) of said amendatory Act of 1951, appearing in the published Acts of 1951 on pages 2323 and 2324, the following language composing the last section or paragraph in said Section Four (4), to wit: The members of the board of commissioners herein provided for shall receive as their compensation the sum of $10.00 per day, each, while actually engaged in business for the county, same to be paid the county funds, and by inserting in lieu thereof the following words, to wit: Each of said commissioners of roads and revenues to be paid the sum of twenty ($20.00) dollars, for each meeting of said board, not to exceed two (2) meetings per month. Said compensation to begin with the regular March 1955 session of said board, and to be paid from county funds; to provide for the repeal of all

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laws and parts of laws in conflict with this amendatory Act; to provide for the approval of publication of notice of intention to introduce in the General Assembly this amendatory Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same the following: Section 1. That an Act of the General Assembly of Georgia approved February 12th, 1951, as contained in the published Acts of the General Assembly of 1951, commencing on page 2322, be, and the same is hereby amended by striking from Section (4) of said amendatory Act of 1951, appearing in the published Acts of 1951 on pages 2323 and 2324 the following language composing the last sentence in said Section Four (4) to wit: The members of the board of commissioners herein provided for shall receive as their compensation the sum of $10.00 per day each while actually engaged in business for the county, the same to be paid from the county funds, and by inserting in lieu thereof the following words, to wit: Each of said commissioners of said roads and revenues to be paid the sum of twenty ($20.00) dollars for each meeting of said board not to exceed two (2) meetings per month. Said compensation to begin with the regular March 1955 session of said board, and to be paid from county funds, so that when so amended said Section Four (4) shall read as follows: Section 4. Be it further enacted by the authority aforesaid that the board of commissioners of roads and revenues shall be composed of J. C. Howard from Road District Number 1, C. H. Baxter from Road District Number 2, E. D. Swindell from Road District Number 3, R. B. Smiley from Road District Number 4, and R. O. Middleton from Road District Number 5, and said members of the board shall hold office until January 1st, 1949, and until their successors are elected and have qualified. The successors to the board members herein named shall be elected in the general election to be held in November, 1948, at the same time other county officers are

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elected, and their terms of office shall be for four years and until their successors are elected and qualified. Candidates for the office of commissioner to succeed the ones herein named shall be residents of the districts in which he seeks to be elected. After nomination in the primary the commissioners shall be elected in the general election by the qualified voters of said county. Immediately after the passage and approval of this Act the commissioners herein named shall qualify by taking oath and shall organize and elect one of their members to serve as chairman of the board. At the first regular meeting to be held in 1948, and every four years thereafter, the newly elected board shall qualify by taking oath and shall organize and elect one of their members to serve as chairman of the board. Each of said commissioners of roads and revenues to be paid the sum of twenty ($20.00) dollars for each meeting of said board, not to exceed two (2) meetings per month. Said compensation to begin at the regular March 1955 session of said Board, and to be paid from county funds. Compensation. Section 2. Be it further enacted by the General Assembly of Georgia that proof of notice of intention to introduce this Act in the General Assembly, as shown by the attached affidavit of the owner and publisher of the Ludowici News hereto annexed and marked Exhibit A, be and the same is hereby approved. Section 3. Be it further enacted by the General Assembly of Georgia that any and all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Exhibit A. Georgia, Long County. Before me, the undersigned officer qualified by law to administer oaths in and for said State and county, personally appeared Mrs. Helen Williams Coxon, who, being first duly sworn, says on oath as follows: 1st. That affiant is the owner and publisher of The

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Ludowici News, the official newspaper of said county in which sheriff's advertisements and all other legal advertisements in said county are published, and that said newspaper has been such official organ for many years. 2nd. That there was duly and regularly published and advertised in said The Ludowici News, in the issues thereof of January 21, 1955, January 28, 1955 and February 4, 1955, the following notice, to wit: Notice. Notice is hereby given that I will introduce a bill at the present session of the General Assembly of Georgia to amend an Act of the General Assembly of Georgia approved February 12, 1951, as contained in the published Acts of the General Assembly of 1951, commencing on page 2322, to provide that all candidates for the office of Commissioners of Roads and Revenues in Long County Georgia, shall be nominated in the primary election by the qualified voters only of the road district from which the respective candidates offer for election, and not by the voters of the entire county. At the rate of twenty dollars ($20.00) per meeting, and not to exceed two (2) meetings per month. (Signed) G. W. Hendrix, Representative in the General Assembly. /s/ Helen Williams Coxon, Affiant. Sworn to and subscribed before me, this February 5, 1955. /s/ L. M. Branch, Notary Public, State at Large, Georgia. (Seal) Approved March 7, 1955.

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WAYCROSS LIMITS EXTENDED. No. 301 (House Bill No. 386). An Act to amend an Act to provide a new charter for the City of Waycross, approved August 17, 1909, as subsequently amended; to extend the city limits of said City of Waycross so as to include within said city limits all of a certain subdivision now in and adjoining the City of Waycross known as Eastover Terrace as shown by two certain plats of said subdivision made by Watts-Eidson, Engineers, recorded in Plat Book A, pages 332 and 333, in the superior court clerk's office in said county; to repeal all laws and parts of laws in conflict therewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the corporate limits of the City of Waycross shall be extended so as to include within said city limits all of a certain subdivision now in and adjoining the City of Waycross known as Eastover Terrace as shown by two certain plats of said subdivision made by Watts-Eidson, Engineers, which are recorded in Plat Book A, pages 332 and 333, in the superior court clerk's office in said county. Territory added. Section 2. Be it further enacted by the authority aforesaid that from and after the passage of this Act, the jurisdiction, authority, ordinances, rules and regulations of the City of Waycross shall extend and apply to the territory described in Section 1 of this Act. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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

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bill at the 1955 session of the General Assembly of Georgia, which shall be entitled: An Act to amend an Act to provide a new charter for the City of Waycross, approved August 17, 1909, as subsequently amended; to extend the city limits of said City of Waycross so as to include within said city limits all of a certain subdivision now in and adjoining the City of Waycross known as Eastover Terrace as shown by two certain plats of said subdivision made by Watts-Eidson, Engineers, recorded in Plat Book A, pages 332 and 333, in the superior court clerk's office in said county; to repeal all laws and parts of laws in conflict therewith; and for other purposes. R. M. Porter, Jr., Norman G. Gibson, Cecil Herrin, Deeb-Hanna Const. Co., George M. Hanna, partner. 1-8-3 sats Georgia, Ware County. Before me, the undersigned officer, personally appeared Miss Louise Breen, treasurer of the Waycross Journal Herald, who being duly sworn, deposes and says that the foregoing notice entitled Notice of Local Bill is a true and correct copy of notice which was duly published in the Waycross Journal Herald, a newspaper in which the sheriff's advertisements for Ware County are published; and that the foregoing notice was published once a week for three weeks, to wit, on January 8, 1955, January 15, 1955, and January 22, 1955. /s/ Louise Breen, Treasurer of Waycross Journal Herald. Sworn to and subscribed before me, this 27 day of January, 1955. /s/ Beulah W. Bryan Notary Public, Ware County, Ga. (Seal Affixed) Approved March 7, 1955.

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JACKSONVILLE CHARTER. No. 302 (House Bill No. 76). An Act to create a new charter and municipal government for the City of Jacksonville, Telfair County, Georgia; to amend, consolidate and supersede the several Acts incorporating said city; to define the corporate limits thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the City of Jacksonville, in Telfair County, Georgia, be and the same is hereby incorporated under the name and style of City of Jacksonville, and under such name shall have the right to sue and be sued, to plead and be impleaded, to have and use a common seal, and shall have the right and privilege to receive, purchase or hold any real or personal property within the limits of said city for corporate purposes; and shall succeed to all the rights, property and privileges and be subject to the debts and liabilities of the City of Jacksonville under its charter heretofore granted by an Act of the General Assembly of Georgia approved March 24, 1939, and all Acts amendatory thereof. Incorporation. Section 2. Be it further enacted that the present Mayor and Councilmen of said City of Jacksonville shall, upon the passage of this Act, become the Mayor and Council of the City of Jacksonville under this Act, shall continue in office for the term for which they were elected, and shall exercise all the privileges, duties and rights as such officer of said city until their successors are elected and qualified as hereinafter provided. Incumbent mayor and councilmen. Section 3. Be it further enacted that the corporate limits of said City of Jacksonville shall extend for the distance of six-tenths of a mile in all directions from the center of the intersection of United States Highways 441 and 117 in said city. Corporate limits. Section 4. Be it further enacted that the municipal

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government of said city shall be vested in a mayor and five councilmen, who shall be styled the Mayor and Council of said city. Such mayor and councilmen shall hold their offices for one year and until their successors are elected and qualified. They shall be at least 21 years of age and shall have been bona-fide residents of said city for three months preceding their election. Mayor and council. Section 5. Be it further enacted that the first annual election for mayor and councilmen of said city shall be held on the first Thursday in January, 1956, and on the same day of each year thereafter. The voters at said election shall be bona-fide residents of said city and who are otherwise qualified to vote for members of the General Assembly and who have resided within the limits of said city three months prior to such election and have registered as hereinafter provided. The mayor and councilmen so elected shall take office on the first Tuesday in February following their election. Their election. Section 6. Be it further enacted that said election shall be held at the place where meetings of the mayor and council are held, and any three citizens of said city who are qualified voters thereof may hold and manage such electionsthey to be appointed by the mayor. The polls shall be opened at one o'clock P. M. and shall be closed at four o'clock P. M. The managers shall receive and count the votes cast at said election, shall keep a list of the persons voting at said election, and a tally sheet, and shall deposit said list and tally sheet at the close of such election, certified to as being true and correct, in the office of the clerk of council, where the same shall be kept for three months and shall be subject to inspection by any voter of said city. Also, when said managers have finished the count, they shall give to the persons receiving the highest number of votes cast certificates under their hands and seals of their election as mayor and councilmen respectively. Management of election. Section 7. Be it further enacted that in case of a vacancy occurring in the office of mayor or in the office

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of councilman, the council shall elect a mayor or a councilman to such vacancy for the unexpired term. Vacancies. Section 8. Be it further enacted that the said councilmen may elect one of their number mayor pro tem., who shall have the authority to discharge the duties of the mayor whenever from sickness, absence from the city or other cause the mayor is unable or fails to act. Mayor pro tem. Section 9. Be it further enacted that the mayor, or in his absence the mayor pro tem., and three councilmen shall constitute a quorum for the transaction of any business before the city council at its regular or called meetings, and that a majority of the votes of a quorum shall determine all questions and elections before the city council. The mayor shall not vote on any such questions, unless there should be a tie in the votes of the councilmen. Said city council shall hold regular meetings at least once in every month, at stated times and place in said city, and shall hold such other meetings as shall be ordered by the mayor, or in his absence or inability to serve, by the mayor pro tem., for special purposes or when requested to do so by a majority of the councilmen. All meetings of the city council shall be public, except when the council resolves itself into executive session, in which event the public shall be excluded. Council meetings. Section 10. Be it further enacted that the mayor and each councilman, before entering upon the discharge of their duties, shall take and subscribe, before some officer authorized by law to administer oaths in this State, the following oath: We each do swear that we will faithfully and impartially administer the laws of the City of Jacksonville, Georgia, to the best of our skill and ability. Oath of mayor and councilmen. Section 11. Be it further enacted that said mayor and council shall provide by ordinance for the registration of all voters in said city, for the punishment for illegal registration, when said registration books shall be open, by whom kept, and when closed. Registration of voters. Section 12. Be it further enacted that said mayor and

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council, at the first meeting of council after being elected and qualified, shall have power to elect a clerk, who may also be treasurer, and fix the amount of the bond to be given by such clerk and treasurer. They shall also have power to fix the compensation of such clerk and treasurer and to prescribe the powers and define the duties of such office. Said mayor and council may also, in their discretion, elect and employ a marshal of said city, for such time and such occasions as they may determine, and fix the compensation to be paid him. Clerk, treasurer, marshal. Section 13. Be it further enacted that said mayor and council shall have power to lay off, establish, vacate, alter, improve, and keep in good order and repair, the streets, roads, alleys and sidewalks for the use of the public and citizens of said city; to open and lay out such new streets of said city as the public interest may require, and for this purpose may condemn and take private property when the same is necessary under the same rules and regulations that counties of this State condemn and take private property for public use; to establish and regulate markets; to prevent injury and annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, horses, cattle, sheep, goats or other animals from going at large in said city; to define and abate nuisances within the limits of said city, and to prescribe penalties for the violations of any orders made by the mayor and council for the abatement of nuisances; to regulate or prevent the keeping or selling of gunpowder, fireworks or other combustibles; to have charge of cemeteries in said city for the purpose of keeping them in good order and preservation; to protect the property of persons and citizens of said city from injury; to preserve peace and good order, and for this purpose to appoint when necessary a police force to assist the marshal in the discharge of his duties. General powers of mayor and council. Section 14. Be it further enacted that for the purpose of raising revenue for the support and maintenance of the government of said city, including the payment of bonds, interest on bonded debts and the creation of a

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sinking fund for the final extinguishment of such bonded debts, and for paving the streets of said city, said mayor and council shall have full power and authority to assess, levy and collect an annual ad valorem tax on all real and personal property owned or held within the corporate limits of said city which under the laws of this State is subject to taxation, not to exceed one and one-half percent (1%) of the assessed value of such property. Taxation. Section 15. Be it further enacted that said mayor and council shall have power under the general laws of this State to provide for the return, assessment and appeals of assessments of all property for ad valorem taxation purposes. Assessments. Section 16. Be it further enacted that said mayor and council shall full power and authority to require any and all persons, firms, companies or corporations, whether resident or nonresident of said city, who may engage in, prosecute or carry on, or who is engaged in, prosecuting or carrying on, any trade, business, calling, vocation or profession in the corporate limits of said city, by themselves or their agents, to register their names, business, calling, vocation or profession annually, and to require such persons, company or corporation to pay for said registration and for license to prosecute, engage in or carry on any business, calling or profession, such amount as said mayor and council may provide by ordinance, and said mayor and council are hereby authorized to classify such businesses, vocations or professions for the purpose of fixing the registration and licensing fees therefor. Said mayor and council may provide by ordinance for the punishment of all persons, firms or corporations required by ordinance to pay such taxes or take out such licenses for the same who shall engage in such business, profession or occupation before paying such taxes or taking out such license, or who fail to comply in full with all the requirements of such ordinance made in reference thereto. Business licenses. Section 17. Be it further enacted that said mayor and council shall have full power and authority to condemn,

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regulate, tax and license all automobiles, coaches, drays, hacks, jitney-busses, and all other vehicles using the streets in said city. Vehicles. Section 18. Be it further enacted that said mayor and council may by ordinance license, tax, regulate or prohibit any billiard rooms, ten pin alleys or other such alleys, inns, taverns, hotels, restaurants, lunch-stands, cafes, social clubs, saloons, theaters, moving picture shows, dance halls, or other places kept for public entertainment in said city. They are also empowered to license and regulate garages, filling stations and other places of like kind for the use and benefit of the public. Business regulations. Section 19. Be it further enacted that in order to carry into effect all the powers hereinbefore enumerated and by this Act conferred upon said corporation and said mayor and council, said mayor and council shall have power to make and pass all needful orders, by-laws, ordinances, rules and regulations not contrary to the Constitution and the laws of this State, and impose, prescribe, enact reasonable fines, penalties and imprisonment in the county jail of the county, or such other place as the corporation may provide for a violation of the same, or any part thereof; provided, however, that no penalty for such violation shall exceed a fine of one hundred dollars in amount, or imprisonment for more than ninety days, except as hereinafter provided; and it shall be lawful for the purpose of enforcing said ordinance of said city, in lieu of fine or imprisonment said defendant may be made to work on the streets of said city, not to exceed 90 days at one time for one penalty; provided, that the corporate authorities alone shall be liable for the jail fees of all persons confined therein for the violations of city laws, and provided further that the jailer shall not be compelled to receive any prisoner sentenced under the provisions of this Act until the satisfactory arrangements have been made by the corporate authorities for the payment of the jail fees; provided, the right of appeal to council is hereby given. Ordinances. Prisoners. Section 20. Be it further enacted that the mayor shall

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be the chief executive officer of said city; he shall preside at all meetings of the council, and in case of a tie he shall give the deciding vote; he shall preside at all the police courts and shall hear and determine the same, upon trial of offenders; he shall punish by such fines, imprisonment, or both, as in his discretion shall seem just, or in lieu of fine or imprisonment he may sentence such offenders to work on the streets, or in case of fine being imposed, said mayor shall have power to enter up judgment against the offender for the amount of the fine imposed, or for taxes assessed and unpaid, and cost of proceedings; and it shall be the duty of the clerk of council to issue executions thereon, deliver to the Marshal of Jacksonville, and all and singular the constables of said State, which executions shall bear teste in the name of the mayor, and may be levied upon any property of the defendant in this State subject by law to levy and sale, and the same laws, rules and regulations which govern constables' sales in this State shall govern marshals' sales and constables' sales made under the provisions of this Act. Mayor's powers and duties. Levy and sale. Section 21. Be it further enacted that within the corporate limits of said city the mayor or acting mayor shall be ex-officio justice of the peace for the purpose of administering oaths and attesting papers under his seal and for issuing warrants for offenses committed in said city against the State or individuals, and shall have power to sit as a court of inquiry and of binding or committing to jail the offenders; to appear before any court having jurisdiction of the same; that said mayor sitting as a judge of the police court or as a court of inquiry, shall have power to punish for contempt by a fine not to exceed ten dollars ($10.00) or imprisonment not to exceed five days. Police court. Section 22. Be it further enacted that said mayor and council are hereby expressly authorized to pass any ordinance not in conflict with the Constitution of the United States or of this State or the laws thereof, to prohibit the storage or keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes,

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and to punish within the limits prescribed by this Act any person or persons violating the same. Intoxicating liquors. Section 23. Be it further enacted that said mayor and council shall have power to establish and fix fire limits in said city, and from time to time in their discretion to extend and enlarge the same. When said fire limits are so fixed and established, it shall not be lawful for any one to erect therein any buildings except such as are commonly known as fireproof buildings and built with such materials as brick, concrete, stone, iron and such other materials as are considered as fireproof. Should any one erect or cause to be erected within such fire limits so established any building or structure of any kind other than with such materials as set out in this section, the said mayor and council, after giving five days notice, shall cause the same to be removed at the expense of the owner of such building or other structure. Such expense shall be collected by execution, as in other cases. Fire protection. Section 24. Said mayor and council shall be authorized and empowered to provide for said city a system of waterworks, a system of sewerage, and a system of electric lights, and to that end said mayor and council may provide for the issuance of bonds as provided by the general laws of this State for the payment of the cost and expense thereof. Said mayor and council may also pass all ordinances, rules and regulations for the conduct and operation of any such system and the charges to be made for the services rendered. Water, sewerage, light systems. Section 25. The compensation, if any, of the mayor, councilmen, clerk and treasurer, marshal, policemen, and any and all other employees of said city, shall be fixed and determined by the mayor and council. Compensation. Section 26. Be it further enacted that all laws, by-laws, regulations and ordinances heretofore in force in said city under the charter heretofore granted to said city, and all powers and privileges exercised by said city under and by virtue of said charter heretofore granted

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to the same, which are not in conflict with the provisions of this Act, shall be and the same are hereby continued of full force and effect under this charter. Existing ordinances. Section 27. Be it further enacted that this Act shall take effect and be of force from and after its passage and approval, and all laws and parts of laws in conflict herewith are hereby repealed. Section 28. It is further found by the General Assembly that proper notice was given of this local legislation, as shown by copy of such notice duly certified by the publisher hereto attached and made a part of this Act. (Copy) Georgia, Telfair County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to create a new charter and municipal government for the City of Jacksonville, Telfair County, Georgia; to amend, consolidate and supersede the several Acts incorporating said City; to define the corporate limits thereof, and for other purposes. This 29th day of November, 1954. /s/ Cecil E. Brown, Representative, Telfair County, Georgia. Georgia, Telfair County. I, W. L. Bowen, editor publisher of The Telfair Enterprise, a newspaper published in said county at McRae, Georgia, in which the sheriff's advertisements for said County of Telfair are published, do certify that the foregoing notice of local legislation was published in said newspaper in the issues of December 2nd, December 9th and December 16th in the year 1954.

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Signed and certified to this 7 day of January, 1955. /s/ W. L. Bowen, Editor Publisher of The Telfair Enterprise, McRae, Georgia. Approved March 7, 1955. CLARKE COUNTY SCHOOL DISTRICT. No. 303 (House Bill No. 471). An Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, lying outside the corporate limits of said city, so as to constitute one school district or system coextensive with the limits of said county, pursuant to the amendment to the Constitution of the State of Georgia of 1945, of Article VIII, Section VII of said Constitution, having been ratified at the general election held throughout said state on November 2, 1954; providing that property taxed for support of said merged school system shall not be subject to the privileges of homestead exemption provided by Article VII, Section 1, Paragraph IV, of said Constitution of 1945; providing for the assessment, levy and collection of taxes for the support of said merged school system and designating the public body or bodies and the public officials in which said powers and other powers herein granted, are to be vested; providing for maximum fees for tax collector; providing that, before the merger becomes actually operative, school taxes may be levied, the proceeds to be used for school purposes when said merger becomes actually operative; providing power to appropriate funds, create debts, borrow money, issue bonds and evidences of indebtedness, make contracts, and acquire, hold, lease, and sell land and other property; providing power to

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acquire property under the law of eminent domain; providing that school funds in the custody of the independent school system of said city and school funds in the custody of the school district in the County of Clarke outside the corporate limits of said city at the time the merged school system actually begins operation shall, after payment of any indebtedness of said system and district, be paid into the operating fund of said merged system; providing that school taxes levied for said independent school system in said city and school taxes levied for said school district in Clarke County outside the corporate limits of said city prior to merger but which are not collected until after the merged school system actually begins operation, shall, when collected, be paid into the operating fund of said merged school system; providing that all property held by said city for its independent school system and all property held by said school district in Clarke County outside the corporate limits of said city, shall, when said merger actually becomes operative, pass to and be held by said merged system for school purposes; providing that liens for all school taxes unpaid at the time of actual merger and all remedies for their collection, shall remain of full force and effect; providing the power to construct, equip and operate the necessary school buildings, and to construct, equip and operate public libraries; providing for the creation and appointment and employment of a superintendent of education, teachers, employees, legal counsel and other personnel necessary to the functioning of said merged school system, vesting in said merged school system all powers set forth in said amendment to the Constitution and in other provisions of the Constitution and the general and special laws of Georgia relating to public school systems and districts; providing rights of contract; providing for power in said merged school system to operate kindergartens, grade schools, high schools, art galleries and colleges, as well as all powers incidental thereto; providing that said merged school system shall be entitled to its prorata portion of all school funds now or hereafter provided by the State

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of Georgia or the United States; providing that said merged school system may receive donations and administer them and trust funds for the purposes for which donated providing for a county-wide referendum before this Act shall become operative; providing for tax equalization before this Act shall become operative; providing an effective date for the merger of the two school systems; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act is enacted pursuant to the amendment to the Constitution of the State of Georgia of 1945, said amendment being a part of Article VIII, Section VII of said Constitution, the amendment having been ratified at the general election on November 2, 1954, said amendment providing in general that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Athens and the existing school district in the County of Clarke, lying outside the corporate limits of said city, into one school district or system coextensive with the limits of said county; the amendment setting forth certain powers to be included in such special Act or Acts, in addition to other powers vested in public school systems and district under other provisions of said Constitution and the general and special laws of said State. Section 2. The existing independent school system of the City of Athens and the existing school district in the County of Clarke outside the corporate limits of said city are hereby merged into one school district, coextensive with the limits of said county, and said existing independent school system of said city and the school district in said county outside the corporate limits of said city are hereby abolished; the provisions of this Act to become effective as hereinafter provided. Existing systems merged. Section 3. The said merged school district shall constitute a new independent school district and a political subdivision of said State, separate from the political entities

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of the City of Athens and the County of Clarke, and shall be known as the Clarke County School District. Clarke County School District. Section 4. The said Clarke County School District, hereinafter designated as said school district or as said merged system or by similar terms, is hereby vested with the power to conduct a system of public education throughout the limits of said county and to that end may operate kindergartens, grade schools, high schools, colleges and libraries, together with all powers set forth in said amendment to the Constitution and in other provisions of the Constitution and the general and special laws of Georgia relating to public school systems and districts, and all powers incidental thereto; it being expressly enacted, however, that such other provisions of the Constitution and general and special laws of Georgia relating to public school systems and districts and all powers incidental thereto; it being expressly enacted, however, that such other provisions of the Constitution and general and special laws of Georgia relating to public school systems and districts shall, in no manner, limit the powers expressly or impliedly granted in said amendment to the Constitution, nor in this Act, nor in amendments hereto. The general laws of Georgia which are made applicable to the county-wide school district created by this Act, include all laws and amendments thereto, which constitute every county in the State one school district, and all general laws relative thereto. Powers of district. Section 5. The administration of said school district shall be vested in a board to be known as the Clarke County Board of Education hereinafter known as the board of education. The board of education shall consist of nine (9) members, men and women, or some of both, who, at the time of their appointments, shall be bona fide residents of said county and shall be otherwise qualified as provided in the general laws of Georgia for members of county boards of education. No person shall be qualified to serve as a member of said board of education while holding any kind of public office for which compensation is paid, except the office of notary public. Absence by a member of said board from four consecutive meetings shall be held to be a resignation from the board, but such absences may be excused by resolution

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adopted by a majority of the board. Any member may be expelled for malfeasance in office or for cause by vote of two-thirds of the members of the board after a statement of charges in writing is presented to such board member and an opportunity to be heard before the board is afforded such accused member. Clarke County Board of Education. Per diem payments for members of the board shall be fixed by the Commissioners of Roads and Revenues of Clarke County for board meetings and committee meetings which said board members attend. The members of said board of education shall be appointed by the Mayor and Council of the City of Athens and the Clarke County Commissioners of Roads and Revenue. The first appointments of members of said board under this Act shall be made as follows: Within thirty days and as soon as possible after the declaration of the ordinary of said county that the results of the referendum election herein provided for have been in favor of this Act becoming effective, the Mayor and Council of the City of Athens shall appoint from the county at large, two members for terms of three years each and the Clarke County Commissioners of Roads and Revenue shall appoint from the county at large, one member for a term of three years; the Mayor and Council of the City of Athens shall appoint from the county at large, two members for terms of two years each and the Clarke County Commissioners of Roads and Revenue shall appoint from the county at large, one member for a term of two years; the Mayor and Council of the City of Athens shall appoint from the county at large, two members for terms of one year and the Clarke County Commissioners of Roads and Revenue shall appoint from the county at large, one member for a term of one year, said appointees to be confirmed by the Clarke County grand jury convening in April, 1955. Should said grand jury reject any appointees submitted by either the Mayor and Council of the City of Athens or the Clarke County Commissioners of Roads and Revenue, the appointing body involved in the rejection shall submit a substitute

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appointment the members of said board to take office the first Monday in January, 1956 and to hold office until their respective successors have been appointed and have qualified. The date in each year on which the terms of office of members of the board of education shall expire, whether members appointed in the year 1955 or thereafter, shall be the first Monday in January. First appointments. After appointment of the first board of education hereunder, as prescribed, and beginning in September, 1956, and in September of each year thereafter, the Mayor and Council of the City of Athens shall appoint two members, from the county at large, for terms of three years each and the Clarke County Commissioners of Roads and Revenue shall appoint, from the county at large, one member for a term of three years; said appointees to be confirmed by the Clarke County grand jury convening in October, 1956 and in October of each year thereafter. Should said grand jury reject any appointees submitted by either the Mayor and Council of the City of Athens or the Clarke County Commissioners of Roads and Revenue, the appointing body involved in the rejection shall submit a substitute appointment; said appointees will succeed the members of said board of education whose terms of office will expire on the first Monday in January next ensuing. Subsequent appointments. All vacancies on said board of education, for any cause, shall be filled by appointing body. Each member of the board of education, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the superior court of said county or by the clerk of the same. The said board of education shall hold regular monthly meetings on a date fixed by said board, but may, by resolution dispense with such meetings during June, July and August of each year. The president or superintendent may call special meetings upon twenty-four hours' written notice to its members or shall call a special meeting

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upon written request of two-thirds of the board members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transaction of business. Meetings. Section 6. Within thirty days after appointment and qualification of the new board members, an organization meeting shall be called by the clerk of the superior court, at which meeting said board shall proceed to elect officers from its membership, as hereinafter provided, and shall set a date for the annual meeting of said board, at which annual meeting officers shall be elected from the membership to serve until the election of officers at the next annual meeting. The board of education shall select, at the annual meeting, from its membership, a president and a vice-president; the president to preside at all meetings and the vice-president to preside in the absence of the president. The president, or vice-president, shall have such other duties as set forth hereinafter, as well as such duties as may be delegated to him by said board, and which are not in conflict with the provisions of this Act. President, vice-president. The board of education shall select at the annual meeting a secretary and treasurer who may be the superintendent of education. It shall be the duty of the secretary to attend all regular and special meetings of the board, keep minutes of such meetings, be the custodian of all books and records of said board, keep and use the official seal of said board, and perform such other duties as may be required of said board and which are usually common to officials of his class. Secretary. The treasurer shall be the custodian of all funds of said merged school system and of said board. He shall be required to give bond, with corporate surety, in such form and in such amount, and with such surety company as security, as will, in the opinion of said board, protect, as fully as possible, funds and property of said board. Premium for such surety bond to be paid from board of education funds. Treasurer.

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Each officer named in this section shall hold office at the will of the board, and said board shall be authorized to fill vacancies in said offices. The said board of education shall adopt an official seal, for use when necessary, the wording on said seal to be approved by resolution of said board. Section 7. The said board of education shall appoint a superintendent of education, whose official title shall be Superintendent of Education, Clarke County and may appoint, upon the recommendations of said superintendent of education, such executive assistants to said superintendent as the board deems proper. The board shall also appoint, upon recommendation of said superintendent, such teachers, principals of schools and their assistants, employees, legal counsel, and such other personnel, professional and lay, as said board may deem necessary to the proper functioning of said merged school system. Superintendent. The duties of the superintendent of education shall be the same as those of county superintendents of schools under the general laws of Georgia, but such duties may be decreased, increased, or otherwise modified by action of said board; and the duties of the assistants to said superintendent, teachers, employees, legal counsel and other personnel, shall be the same as the duties of their respective classes under the general laws of Georgia, but all such duties may be increased, decreased, or otherwise modified by action of said board. His duties. The board of education shall have the power and authority to adopt and enforce all rules and regulations, not in conflict with the provisions of this Act, necessary to the maintenance of discipline within the said merged system; and such rules and regulations may delegate to officers, principals of schools, teachers, and other employees such authority as the board deems necessary to that end. Rules and regulations. Section 8. The board of education may enter into

Page 3065

written contracts with teachers and other personnel of said merged school system, and into contracts for transportation of pupils, but none of such contracts shall be made for a longer period than twelve months; except that said board may enter into a written contract with a superintendent of education for a longer period than twelve months, but in no case for a period longer than four years. Contracts. Written contracts made with teachers and other personnel by the existing independent school system of the City of Athens, and written contracts made with teachers and other personnel by the existing school district in the County of Clarke outside the corporate limits of said city, prior to the time said merged school system actually becomes operative, shall, when such contracts are made for a period not exceeding twelve months, continue of full force, after said merger actually becomes operative, in accordance with the terms of said contract. Nothing in this section shall prevent the board of education, after the merger, from increasing the compensation of any of said teachers and other personnel holding such prior written contract, so as to provide for proper adjustments of compensation within said merged school system. Section 9. All school funds in the custody of the existing independent school system of said city for the operation of schools in said city, and all school funds in the custody of the existing school district in the County of Clarke, outside the corporate limits of said city, for the operation of schools in said district, and all school funds in the custody of the State of Georgia and any other political unit for the operation of schools in said independent school system of said city or in said district outside the corporate limits of said city; and all taxes levied by the City of Athens, the State of Georgia, and any other political unit for the operation of said existing independent school system in said city, and all taxes levied by the Commissioners of Roads and Revenue of the County of Clarke, the State of Georgia, and any other political unit for the operation of said existing school district in said county outside the corporate limits of

Page 3066

said city prior to merger but which are not collected until after the merged school system actually begins operation, shall, when collected, be paid into the operating fund of said merged school system. Title to property, real and personal, including moneys, options to purchase, and choses in action, owned or held by said city for its existing independent school system or by the existing school districts in said county outside the corporate limits of said city, and all such property and funds held by or in the custody of any other person or political unit for the benefit of said independent school system and said district, shall, when said merger actually becomes operative, pass to and be held by said merged system for school purposes. Provided, however, that in case of any property which has been heretofore conveyed to said city or to said county for school and other purposes and placed under the jurisdiction of the existing Board of Education of Athens, Georgia or the existing Board of Education of Clarke County, said property, upon said merger actually becoming operative, shall be held by the board of education of said merged system for all the purposes and according to the terms of the deed by which said conveyance was made. Funds and property. Where the term school purposes is used in this Act, it shall be held to mean all purposes coming within the jurisdiction of said merged system or its board of education, and the word school as used in this Act, shall be held to mean colleges and all other institutions coming within the jurisdiction of said merged system or its board of education. Section 10. The merged system hereby created, through its said board of education, shall have power to use, for the operation of said merged system, all funds appropriated for that purpose; may create debts; borrow money; purchase supplies, issue bonds, and other evidences of indebtedness; make contracts; construct, alter, repair, improve and equip buildings for school and library purposes, purchase school buildings already constructed, with the land on which located; and acquire, hold and lease land and other property within the

Page 3067

limits of said county for the purposes of said school system; limited, however, in respect to the above matters by the general law of this State applicable to such transactions. The Clarke County School District hereby created shall have power to use and may be sued; but is not to be liable to suit in actions arising ex delicto. Power of board. When, in the opinion of said board of education, it is necessary to acquire property for the purposes of said merged system, the said board may exercise all the powers of eminent domain, with all the remedies to execute such powers, provided under any of the laws of said State. Eminent domain. Title to all property acquired or held by said merged system shall be taken in the name of Clarke County School District. Property of said merged system, which, in the opinion of the board of education, is no longer suitable for its purposes, may be sold, exchanged, or otherwise disposed of in such manner as the board may deem fit. Section 11. The superintendent of education may make contracts for supplies, labor, repairs and other necessary school purposes, binding said merged school system where the expenditures involved do not exceed the amount of one thousand dollars. All expenditures for such purposes in excess of that amount must be authorized by resolution adopted at a regular or special meeting of the board. No purchase, involving an expenditure of more than one thousand dollars shall be made in any case without affording free competition. No contracts for construction, alteration or repairs of buildings, or installation of equipment, which involve the doing of labor or the furnishing of materials, shall be entered into by said board without taking the statutory performance bond required of counties and cities by the laws of said State in such cases. Contract powers of superintendent. Purchases. All disbursement of funds of said merged system shall be paid by check signed by such person or persons as

Page 3068

said board may, by resolution, authorize except that said board may, by resolution, authorize the execution of checks by the treasurer alone. In case of absence or disability of the treasurer, the board shall designate a person to perform the duties of the treasurer, required by this and other sections of this Act. Expenditures. All contracts, bonds and other evidences of indebtedness, shall be executed by the president (or vice-president) and the secretary of the board of education, in the name of Clarke County School District; except that contracts with teachers and other personnel, when authorized by said board, shall be executed by the superintendent of education alone. Contracts of the board with the superintendent of education shall be signed by the president or vice-president. Contracts. Section 12. No contract or other obligation (except as herein specifically provided) shall be incurred by said merged system or in its behalf, unless, at the time of incurring same, said merged system shall have in hand or reasonably may anticipate to have in hand, during the calendar year when such contract is made or obligation incurred, from taxes levied for that calendar year or prior years, by the State of Georgia or the Board of Roads and Revenue of Clarke County, sufficient funds to meet the terms of the contract or obligation. Provided, that the above limitation in incurring obligations shall not be applicable to written contracts with teachers and other personnel of said system, when such contracts comply strictly with the provisions of Section 8 of this Act related to such written contracts. Limit to obligations. Section 13. For the purpose of providing funds for the merged system hereby created, returns for taxation of all property in said county liable for taxation shall be made to the same officials county and State, as in case of returns of taxes for county and State purposes, and the same provisions as to time, method and officials and boards in which powers are vested under the laws of Georgia relating to State and county taxes, tangible and intangible (except as herein specifically stated) shall

Page 3069

be applicable to taxation for any of the purposes of said merged system, including the time, place and manner of making returns; assessments for taxation; equalization of assessments; payment and collection of taxes; date, rank and fixation of tax liens; issuance and levy of executions; sales to satisfy executions; rights of redemption and transfer of executions; recording of executions; affidavits of illegality and other defenses, and all other methods and provisions provided under the laws of Georgia necessary to finance said merged school system, provided that no tax for school purposes shall be levied and collected by the Mayor and Council of the City of Athens. For school purposes only, property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section 1, Paragraph IV of the Constitution of the State of Georgia. Taxes. All liens for school taxes unpaid at the time said merger actually becomes operative, whether said liens were created for the benefit of the existing independent school system, of said city, or for the benefit of the existing school district in the said county outside the corporate limits of said city, shall remain of full force and effect, and all powers provided for enforcement thereof shall also remain of full force and effect. Liens. The said merged school system shall be entitled to its prorata portion of all school funds now or hereafter provided for school purposes by the laws of the State of Georgia or of the United States. Funds. Section 14. The said merged school system may receive donations from any source, and administer them for the purposes for which donated. All trust agreements heretofore entered into by the existing independent school system of said city, or executed for the benefit of said system, for the relief of teachers or otherwise, shall, with any necessary approval of the donors, inure to said merged school system and be administered by its board of education as specifically provided in said trust agreements; the class of persons in said existing independent

Page 3070

school system of said city for the benefit of which said donations were made or trust agreements executed, shall, with any necessary approval of said donors, be extended as to include persons of corresponding class in said merged system. All powers of investment and re-investment of said trust funds, and the power to sell and transfer securities in which said funds are vested, whether such power are contained in the trust agreements or are derived from the general or special laws of said State, shall remain of full force and effect, the powers and duties relating thereto which are now vested in the existing Board of Education of Athens, Georgia, or of the Board of Education of Clarke County devolving upon the board of education of said merged system upon its becoming actually operative. Donations. Trusts. Section 15. The board of education of said merged school system shall annually submit to the Commissioners of Roads and Revenue of Clarke County the financial needs of the school system and the rate of the levy necessary to be made for taxes for the support and maintenance of schools, libraries and other operations and functions coming within the jurisdiction of said county-wide district and its board of education hereby created, and after such taxes have been so levied by said commissioners of roads and revenue, the said board of education, through its superintendent of education, shall notify the State Revenue Commissioner of the rate of the tax levy made on the property in said county by the commissioners of roads and revenue of said county for said purposes. Procedure to set tax rate. Said recommendations are to be made by the board of education to said commissioners of roads and revenues and shall be made in January of each year beginning with January, 1956. The said commissioners of roads and revenue, in January of each year, shall immediately, after receiving such recommendation as to rate of tax, proceed to act on such recommendation, and shall levy a tax on all the taxable property in said county for the purposes as submitted and herein stated.

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The rate of tax to be levied in the manner and for the purposes above set forth shall be set by the board of education, provided the rate shall not exceed 20 mills exclusive of bonded indebtedness, without the approval of said commissioners of roads and revenue who shall not have limitation as to said rate. It is contemplated herein that it is necessary that the annual tax herein provided for should be submitted and levied in January of each year in order that the board of education may arrange its budget for that year, and, if necessary, be able to secure temporary loans whose payment must be based on anticipated revenues for the year, but the provisions as to time of submission and levy are declared to be directory and not mandatory and delay in such submission or levy shall not render a tax recommended or levied after such time invalid. Tax levies for the support of said merged system shall constitute the appropriations by the commissioners of roads and revenue to the purposes of said system, and any amount levied for and appropriated to said system and not expended during the year for which levied, shall continue to be funds of said system, and shall not revert to any other purpose. Funds not used. Section 16. The Clarke County School District hereby created is hereby authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving the necessary buildings, and improving the necessary grounds for the use of the public schools and libraries of said district, and for other purposes coming within the jurisdiction of said district, and for purchasing, acquiring and leasing lands and buildings and such other property as may be necessary for such purposes, including the leasing or purchasing from the United States of America or any public housing authority, any school already erected with the land appurtenant thereto and located in said county, provided that the foregoing enumerations of purposes shall be liberally construed and shall not be deemed to exclude similar

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purposes by failure to include them in such enumeration. Bonded indebtedness. The bonded indebtedness hereby authorized shall be incurred pursuant to the Constitution of Georgia of 1945. The election required shall be called by said board of education by the adoption of a resolution to that effect. Notices shall be advertised and the election held throughout the County of Clarke and the voting, issuance, levying of taxes for, declaration of results and other procedures shall be as in case of county bonds, in accordance with Chapter 87-3 of the Code of Georgia of 1933, amended, and as the provisions of said chapter are changed by the provisions of the Constitution of 1945 in this section specified. If the majority of the qualified voters of said county voting in said election assent to the issuance of said bonds, the board of education shall recommend, and the commissioners of roads and revenue of said county shall, at or before incurring the indebtedness by issuing the bonds, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within 30 years from the date of the incurring of said indebtedness, as is prescribed by the Constitution of Georgia of 1945 and in accordance with the terms of said bonds. The Clarke County School District hereby created being a political subdivision separate from the political entities of the City of Athens and the County of Clarke, debts may be incurred by said district pursuant to the provisions of the Constitution of 1945 to the extent of seven percent of the assessed value of all the taxable property in Clarke County without any regard to the amount of any indebtedness of said city and county governments. The taxes levied for the payment of the principal and interest of bonds issued by said school district shall be in addition to taxes levied annually for the support and maintenance of schools, libraries and other operations coming within the jurisdiction of said school district and its board of education. Proceedings for validation of

Page 3073

said bonds shall be had pursuant to provisions of Chapter 87-3 of the Code of Georgia of 1933, as amended. Bonds to be issued pursuant hereto shall be for sale, through sealed bids, and sold to the highest bidder, either at, below, or above par, with the right reserved by said board to accept or reject any or all bids. The outstanding school bonds for the City of Athens and the outstanding school bonds for the County of Clarke shall be paid off according to the terms under which they were issued. Section 17. In addition to obligations allowed to be incurred by other provisions of this Act and the general and special laws of said State, authority is hereby given to make temporary loans in each year for the benefit of said Clarke County School District, provided the general laws of the State, applicable thereto are followed. Temporary loans. Section 18. The power is also granted said Clarke County School District to construct, maintain and operate public art galleries and art centers which shall constitute an integral part of said merged school system, and all powers relating to other portions of said school system shall also relate to said art galleries. Art galleries and centers. All donations and trust funds heretofore or hereafter made or created, and all provisions of trust agreements heretofore or hereafter executed, relating to public art galleries or art centers to be under the jurisdiction of said city, shall inure to and come within the jurisdiction of said merged school system when it actually becomes operative. Section 19. The said Clarke County School District and teachers employed by it shall be subject and entitled to the provisions of the Teachers Retirement System of said State; the word teachers as herein used to have the same meaning as said word is defined in said laws. Retirement system. Section 20. Pensions granted by either system to teachers and employees before said merged school system actually becomes operative, shall continue to be paid

Page 3074

by said merged school system, subject and pursuant to existing laws and resolutions under which such pensions were granted. All pensions hereinabove provided for shall be paid from funds appropriated to the support and maintenance of said merged school system. The provisions hereof relating to pensions shall not be applicable to teachers or employees who are members of the Retirement System of said State. Section 21. The Board of Education is authorized, in its discretion, to make the Clarke County School System and its employees subject to the provisions of the Workmen's Compensation Laws of said State and to the Social Security Laws of the United States in the same manner as said Workmen's Compensation Laws and said Social Security Laws now or hereafter apply to municipal corporations and their employees provided that any action hereto taken by either of the present boards making such laws applicable to its system shall inure to the benefit of those concerned. Workmen's Compensation. Social Security. Section 22. In addition to the powers specifically or impliedly granted by this Act, the Clarke County School District and the Board of Education of Clarke County shall have all the powers set forth under the general and special laws of Georgia, heretofore or hereafter enacted, relative to education and germane to the purposes for which said district and board are hereby created, provided said general and special laws are not in conflict with the provisions of this Act which conflicts are authorized by authority of the aforesaid constitutional amendment enabling the merger of the two systems. All provisions of the Constitution of Georgia of 1945 relating to schools, including the provisions of Article VIII of said Constitution, so far as said provisions are in addition to and not in conflict with the provisions of this Act, shall apply to schools, colleges, and all other institutions, places and functions coming within the jurisdiction of said school system. General powers.

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Section 23. The terms of this Act shall be liberally construed in favor of vesting ample powers in said merged school system and in the board of education hereby constituted. In case of real or apparent conflict in the provisions to this Act and the constitutional amendment pursuant to which it is enacted on the one hand, and, on the other hand, other provisions of the Constitution of Georgia and of the general and special laws of the State relating to educational powers and functions, the construction which shall be paramount shall be that which upholds, rather than negatives full powers of said merged school system and of said board. Liberal construction of Act. Section 24. The board of education hereby created shall make in October, 1956, a full and complete report to the grand jury of the County of Clarke, convening in that month, which report shall set forth in detail the operations of said merged school system from the first Monday in January, 1956, to the end of the fiscal year of said board occurring in 1956. Annually thereafter, said board shall make such report to the October grand jury, covering the period of the preceding fiscal year of said board. Said reports shall show in detail all receipts and disbursements, and the financial condition of said school system. A copy of all such reports shall be filed at the same time with the commissioners of roads and revenue of said county. The board of education shall at all times permit access by the grand juries of said county and by said commissioners of roads and revenue to the records of said school system, and the board of education shall make such other reports as may be required by the grand juries or by said commissioners. Reports to grand jury. Annually, and at such other times as the board of education shall deem advisable, the board shall cause a full and complete audit to be made by a certified public accountant independent of said board, of the books and affairs of said school system and shall transmit copies of said audit to the grand jury of said county next in session and to said commissioners of roads and revenue. Audits.

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Secton 25. The existing independent school system of the City of Athens, Georgia, the Board of Education of Athens, Georgia, the position of superintendent of said existing city school system, the existing school district in the County of Clarke outside the corporate limits of said city, the existing Board of Education of Clarke County, and the office of county superintendent of schools of said county, are hereby abolished when this Act becomes effective and successive boards and officers under this Act take office, providing, however, that all contracts and outstanding obligations of each separate school system shall, by operation of this law, become the contracts and obligations of the merged school system and shall be binding on said merged school system created under this Act. Systems and positions abolished. Section 26. The commissions or fees of the Tax Collector of Clarke County for collection of moneys for school purposes shall not exceed the following rates: 2% on the first $125,000.00 collected, 1% of the second $125,000.00 collected, of 1% on all amounts collected above $250,000.00. The above schedule of rates shall apply to all collection of moneys for school purposes, including that collected for operation, maintenance, bond retirements, interest payments and for any other school purpose by whatever name called. Should the Tax Collector of Clarke County be changed from a fee basis to a salary, this provision shall become inoperative. Tax collector's commission. Section 27. Should any provisions of this Act, or its application to any particular situation or circumstances, be declared invalid for any reason, such invalidity shall not affect portions of this Act, not so held to be invalid. Section 28. All parts of laws in conflict with this Act are hereby repealed where they would limit the powers herein granted; but laws and parts of laws which, while differing from the provisions of this Act, yet add to rather than take from the powers herein granted, are not repealed hereby.

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Section 29. This Act shall become effective only when ratified in a referendum by a majority of those voting in the whole of Clarke County. Said referendum election shall be called by the Ordinary of Clarke County not earlier than 30 days nor later than 90 days after the date this Act becomes law. Notice of the calling of this referendum election shall be published by said ordinary once a week for two weeks immediately preceding the date set for said election; said notice to be published in the newspaper in Clarke County in which sheriff's advertisements appear. The notice shall set out the date and hours of said election and shall include the publication, both times, of the full text of this Act. The referendum election shall be held by the ordinary pursuant to and subject to the laws of Georgia governing general elections with any necessary adaptations peculiar to this type of election. Ballots shall be provided by the ordinary with the words thereon For merger of the city and county school systems, and Against merger of the city and county school systems. Instructions will be printed on each ballot by which each voter shall indicate his choice. Referendum. By 12 o'clock noon of the day following the holding of the election, the election managers will deliver to the ordinary their certificates as to the results of said election in each precinct, the ordinary will consolidate the same and declare the results of said election by certifying the same in writing to the clerk of the superior court who shall enter the same on the minutes of said court, and shall cause the same to be published one time in the newspaper in Clarke County in which sheriff's advertisements appear. The expense of holding the said referendum election shall be paid by the existing independent school system of the City of Athens from its school funds, and by the existing school district in Clarke County outside the

Page 3078

corporate limits of said city from its school funds and requisitions for the amounts of said expenses made by the ordinary upon the respective governing authorities of said city and county shall be honored and paid upon presentation. Costs of the clerk and of advertising in connection with said referendum election shall be parts of said expenses. Such part or parts of said expenses as the ordinary deems necessary to secure prior to the date of the said referendum election in order to pay the managers of said election, may be requisitioned by the ordinary prior to the date of the said election, and the amount so requisitioned shall be paid, as above, immediately upon presentation of the requisitions. Section 30. After the results of said referendum have been declared, as heretofore provided, and in the event that the majority vote is in favor of the merger, the Commissioners of Roads and Revenue of Clarke County and/or Clarke County Board of Tax Equalizers shall take immediate steps to initiate and carry out a tax equalization survey of the entire county so that the county tax digest shall be made comparable to the present city tax digest and, upon completion of the same, said commissioners of roads and revenue and/or said board of tax equalizers shall cause said equalization to be made effective as the basis for the tax levy for the ensuing year. Because the present county tax digest used for purposes of the school tax levy is inadequate as a basis to raise the funds sufficient to operate the consolidated school system, the foregoing adjustment must be made so that the merger will not impair the efficiency and caliber of the two school systems. Therefore, in addition to all other conditions, this Act shall not become operative until the first Monday in January next after the new basis for the Clarke County levy is put into effect. Tax equalization. Section 31. All laws and parts of laws in conflict with this Act are hereby repealed, at the time of the effective date of this Act.

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Notice of Application to Apply for Local Legislation. In compliance with Chapter 2-1915 of the Georgia Code, 1933, as amended, and pursuant to authority of Constitutional Amendment No. 20 passed by the electorate of the State of Georgia on November 2, 1954, notice is hereby given that legislation will be introduced at the January session, 1955, of the General Assembly of Georgia, for the purpose of proposing to the voters of Clarke County an Act to effectuate the merger of existing independent school system known as the Board of Education of Athens, Georgia, and the existing school district in Clarke County lying outside the corporate limits of the Mayor and Council of the City of Athens, Georgia, a municipal corporation, creating by such merger one independent school district or system co-extensive with the limits of said county. This 23rd day of December, 1954. Robert G. Stephens, Jr. R. Chappelle Matthews, Representatives. d24-31-j7. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chappelle Matthews and Robert G. Stephens, Jr., who, on oath, depose and say that they are Representatives from Clarke County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner Herald, which is the official organ of Clarke County, on the following dates: December 24, December 31, 1954, and January 7, 1955. /s/ Robert G. Stephens, Jr., /s/ Chappelle Matthews, Representatives, Clarke County.

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Sworn to and subscribed before me, this 8 day of February, 1955. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Approved March 7, 1955. ATLANTA CHARTER AMENDED. No. 305 (Senate Bill No. 59). 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 following provisions of the charter of the City of Atlanta, to wit: The City of Atlanta shall not be authorized to purchase, operate or lease land for

Page 3081

such landing fields as above described outside a radius of twenty-five miles from the center of said city as defined on August 23, 1927, are hereby repealed. Landing fields. Section 3. The Building Official shall receive applications required by the Building Code, issue permits and furnish the prescribed certificates. He shall examine or cause to be examined the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that the construction is prosecuted safely. He shall enforce provisions of the Building Code, as necessary, to remove illegal or unsafe conditions and to safeguard life and property or to require adequate exit facilities in buildings and structures. He shall issue such notices or orders as may be necessary to correct hazardous conditions. He shall prepare appropriate specifications for the roofing, re-roofing, painting, repairing or altering of city owned buildings, when requested to do so by the head of the department having supervision of such buildings. The Building Official shall furnish the Purchasing Agent with a complete set of plans for the roofing, re-roofing, painting, repairing or altering when requested to do so by the Purchasing Agent. The Building Official shall enforce provisions of the zoning ordinance, slum clearance ordinance and shall be charged with the inspection, control, installation and maintenance of heating, power and fuel burning equipment, prevention of air pollution and the examination and approval of plans for all heating, power and fuel burning installations as covered by ordinances and codes. Building official. Section 4. The Building Official may summarily enter upon real estate and remedy conditions which endanger the public. In all cases where, in the opinion of the Building Official, there shall be present and immediate danger of failure or collapse of a building or structure or any part thereof so as to endanger life, or conditions exist which, in his opinion, shall constitute present and immediate danger to the public, the Building Official shall cause such work to be done as is necessary to remove the danger. He shall thereupon notify the

Page 3082

owner of the property by registered letter, addressed to the last known address of such owner, which shall include a statement of the cost thereof. In case the owner shall fail to pay the bill within thirty days from the date of mailing such notice, the mayor and board of aldermen shall assess the cost thereof against the owner and against the property, and issue execution therefor, which may be resisted by affidavit of illegality, as in cases of illegality. Dangerous buildings. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1955. CIVIL COURT OF FULTON COUNTY JUDGES' SALARIES. No. 306 (House Bill No. 329). An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice 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

Page 3083

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 puropses, approved August 20, 1913, and the several Acts amendatory thereof, particularly Section 16 of said original Act as amended by the Act approved February 5, 1951, so as to fix the salaries of the chief judge and the associate judges of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after February 1, 1955, the Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, and the several Acts amendatory thereof, particularly Section 16 of said original Act as amended by the Act approved February 5, 1951, be and the same is hereby amended by striking said Section 16 as so amended, and substituting in lieu

Page 3084

thereof a new section to be known as number 16, and to read as follows: Section 16. The annual salary of the chief judge of said court shall be twelve thousand ($12,000.00) dollars and the annual salary of the associate judges of said court shall be eleven thousand five hundred ($11,500.00) dollars, and shall be paid in equal monthly installments upon warrants approved by the chairman of the Board of Commissioners of Roads and Revenues of Fulton County and drawn upon the County Treasurer of Fulton County; provided that no judge or other official of said court shall receive to his own use any fees or perquisites of office. Salaries of judges. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20th, 27th days of Dec., 1954, and

Page 3085

on the 3rd, 10th days of January 1955 As provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 10th day of January, 1955. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the next meeting of the General Assembly of Georgia, which convenes in January, 1955, 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. Dec 20 27 Jan 3 10. Approved March 7, 1955. DECATURPENSION SYSTEM. No. 307 (House Bill No. 208). An Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act establishing a new charter for the Town of Decatur, now City of Decatur, approved August 17, 1909, and amended February 25, 1949, by providing for a retirement and pension plan for the employees of the City of Decatur be and the same is hereby

Page 3086

further amended by repealing Section 19 of said retirement and pension plan, which was established in said amendment of February 25, 1949, said Section 19 providing: No one receiving a pension or benefits from any other retirement plan other than one resulting from military service shall be eligible to participate under the plan set up by this Act unless otherwise provided herein. Sec. 19, Act of 1949, amended. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 16, 23, 30th, 1954. The DeKalb New Era, /s/ W. H. McWhorter W. H. McWhorter, Managing-Director. Sworn to and subscribed before me, this 11 day of January, 1955. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Copy of Notice. Notice of Local Legislation. Georgia, DeKalb County. Notice is hereby given that application will be made

Page 3087

to the legislature at its next session to convene in January, 1955, for the passage of an Act entitled An Act to amend an Act, approved Aug. 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, so as to amend the retirement and pension plan of the City of Decatur by repealing Section 19 of said retirement and pension plan which provides `No one receiving a pension or benefits from any other retirement plan other than one resulting from military service shall be eligible to participate under the plan set up by this Act unless otherwise provided herein'. This 15th day of December, 1954. B. Hugh Burgess, as City Attorney for the City of Decatur, Ga. 12-16-3t. Approved March 7, 1955. DUBLINUTILITY SYSTEMS. No. 308 (House Bill No. 227). An Act to amend the Act approved March 31, 1937 (Ga. Laws 1937, pp. 1771-1818), creating a new charter for the City of Dublin, and Acts amendatory thereof, by repealing the Act approved March 6, 1939 (Ga. Laws 1939, p. 1015), amending the city charter, which repealed an Act approved February 16, 1938 (Ga. Laws Ex. Sess. 1937-1938, p. 1079), amending the charter of the City of Dublin by providing for the use of revenues derived from the city's water system for the purpose of retiring outstanding bonds of the City of Dublin issued for the construction of the present water plant and all former water plants and water extensions, whether the same be refunding bonds or an original issue, after paying the cost of operating and

Page 3088

maintaining said water plant and after paying the cost of extensions, additions and improvements and which said Act approved February 16, 1938, further provided for the marshalling of revenues derived from the operation of the municipally owned water plant, for the purpose of operating, extending and improving the water system and placing the net revenues from said system in a sinking fund to be used for the payment of all of the city's bonds and/or bonded indebtedness so that the Mayor and Council or the Water, Light and Gas Commission of the City of Dublin shall have the free and unrestricted right to use all revenues derived from the operation of the city's water system which are now on hand together with the revenues to be derived from the city's water system for any lawful purpose, including specifically, but without limitation, the pledge of, and the creation of a lien or liens on, all or any part of said revenues to pay the principal of and the interest on any revenue anticipation certificates issued by said city, pursuant to the provisions of the Revenue Certificate Law of Georgia, (Ga. Laws 1937, p. 761), as now or hereafter amended and to create and maintain a reserve for that purpose, 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. The Act approved March 6, 1939 (Ga. Laws 1939, p. 1015), amending the city charter as aforesaid and each and every section thereof be, and the same are hereby, repealed. Act of 1939, repealed. Section 2. It is expressly not the intention of the legislature by repealing the aforesaid Act approved March 6, 1939 (Ga. Laws 1939, p. 1015) to reinstate said Act approved February 16, 1938 (Ga. Laws Ex. Sess. 1937-1938, p. 1079). Act of 1938 reinstated. Section 3. From and after the approval of this Act the mayor and council or any water, light and gas commission

Page 3089

or board now or hereafter created of the City of Dublin shall have the free and unrestricted right to use all revenues derived from the operation of the city's water system which are now on hand together with the revenues to be derived from the city's water system for any lawful purpose, including specifically, but without limitation, the pledge of, and the creation of a lien or liens on, all or any part of said revenues to pay the principal of and the interest on any revenue anticipation certificates issued by said city, pursuant to the provisions of the Revenue Certificate Law of the State of Georgia (Ga. Laws 1937, p. 761) as now or hereafter amended and to create and maintain a reserve for that purpose. Revenues from water system. Section 3-A. All surplus revenue above the cost of operation, maintenance, extensions, payment on bonds or revenue-anticipation certificates (including payments into sinking funds), from the operation of the water, gas or light systems, shall be turned over to the City of Dublin for the payment of any outstanding indebtedness of the City of Dublin and for the operation of the city government. A separte record and account of each utility system shall be maintained and shall show among other things all receipts, purchases and expenditures, as well as the amount of indebtedness, including revenue anticipation certificate liability outstanding on each system. Other utilities. Section 4. This Act shall be effective when approved. Section 5. If any section, clause or part of this Act, for any reason, is unlawful the remaining sections, clauses or parts shall nonetheless remain in full force and effect. Section 6. All laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Legal 1402. Notice of Intention to Apply for Local Legislation. At the special request of the Mayor and Council of the City of Dublin, Georgia, and by virtue of an unanimous

Page 3090

resolution passed by that body, the undersigned will introduce in the next session of the General Assembly of the State of Georgia, which will convene on the 2nd Monday in January 1955: An Act to amend the Act approved March 31, 1937 (Ga. Laws 1937, pp. 1771-1818), creating a new charter for the City of Dublin, and Acts amendatory thereof, by repealing the Act approved March 6, 1939 (Ga. Laws 1939, p. 1015), amending the city charter, which repealed an Act approved February 16, 1938 (Ga. Laws Ex. Sess. 1937-38, p. 1079), amending the charter of the City of Dublin by providing for the use of revenues derived from the city's water system for the purpose of retiring outstanding bonds of the City of Dublin issued for the construction of the present water plant and all former water plants and water extensions, whether the same be refunding bonds or an original issue, after paying the cost of operating and maintaining said water plant and after paying the cost of extensions, additions and improvements and which said Act approved February 16, 1938 further provided for the marshalling of revenues derived from the operation of the municipally owned water plant, for the purpose of operating, extending and improving the water system and placing the net revenues from said system in a sinking fund to be used for the payment of all of the city's bonds and/or bonded indebtedness so that the Mayor and Council of the City of Dublin shall have the free and unrestricted right to use all revenues derived from the operation of the city's water system which are now on hand together with the revenues to be derived from the city's water system for any lawful purpose, including specifically, but without limitation, the pledge of, and the creation of a lien or liens on, all or any part of said revenues to pay the principal of and the interest on any revenue-anticipation certificates issued by said city, pursuant to the provisions of the Revenue Certificate Law of Georgia, (Ga. Laws 1937, p. 761), as now or hereafter amended and to create and maintain a reserve for that purpose, and for other purposes.

Page 3091

This 8th day of January 1955. W. H. Lovett, Senator-Elect, 16th Senatorial District. Rubert L. Hogan, Representative-Elect, Post No. 1, Laurens County, Georgia. Paul J. Jones, Jr. Representative-Elect, Post No. 2, Laurens County, Georgia. Georgia, Laurens County. I, W. H. Champion, editor and publisher of the Dublin Courier Herald, the official organ of Laurens County in which the advertisements of the sheriff's sales are published, do certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said Notice having been published on January 8th, 1955, January 15th, 1955, and January 22nd, 1955. This 22nd day of January, 1955. /s/ W. H. Champion, W. H. Champion, Editor and Publisher. Dublin Courier Herald, Dublin, Georgia. Sworn to and subscribed before me, this Jan. 22, 1955. /s/ B. A. Curry, Jr. Notary Public, Laurens County, Georgia. Approved March 7, 1955.

Page 3092

MITCHELL COUNTY COMMISSIONERSCOMPENSATION. No. 309 (House Bill No. 472). An Act to amend an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell, and to provide and define the powers and duties thereof, approved February 20, 1873, and all Acts amendatory thereof, and particularly amending Section 2 of the Acts of the General Assembly of Georgia, approved July 19, 1927, so as to change the compensation to be paid the Commissioners of Roads and Revenues of Mitchell County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after the passage and approval of this Act, an Act of the General Assembly of Georgia, approved July 19, 1927, which was amendatory of the Act providing for a County Board of Commissioners for the County of Mitchell, and defining the powers and duties thereof, approved February 20, 1873, be and said amendatory Act approved July 19, 1927, is hereby amended by striking from line eleven in Section 2, the words fifteen dollars and inserting in lieu thereof, the words forty dollars and by striking from lines thirteen and fourteen in same section, the words twenty five dollars and inserting in lieu thereof the words fifty dollars, so that the last sentence in said Section 2, when amended, will read as follows: Each Commissioner of Roads and Revenues of said County of Mitchell as provided for in this Act shall receive for his services the sum of forty dollars per month; provided, that the chairman so elected by the board of commissioners of roads and revenues of said county shall receive the sum of fifty dollars per month; said sums to be paid out of the treasury of said county upon warrants duly drawn by said board of commissioners of said county, all other provisions of said amendatory Act to remain the same. Compensation.

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Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately on its passage and approval by the Governor of Georgia. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice to Local Legislation. There will be introduced at the present session of the General Assembly of Georgia, which convened on January 10, 1955, a local bill affecting the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, the caption of which is as follows: An Act to Amend an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell, and to provide and define the powers and duties thereof, approved February 20, 1873, and all Acts amendatory thereof, and particularly amending Section 2 of the Acts of the General Assembly of Georgia, approved July 19, 1927, so as to change the compensation to be paid the Commissioners of Roads and Revenues of Mitchell County, Georgia, and for other purposes. This 15th day of January, 1955. Frank S. Twitty, Tom C. Palmer, Representatives, Mitchell County, Georgia. Georgia, Mitchell County. I, B. T. Burson, being first duly sworn, on oath says: that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and 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

Page 3094

notice appeared in said newspaper in issues dated January 21, January 28, and February 4, 1955. /s/ B. T. Burson, (B. T. Burson). Sworn to and subscribed before me, this 4th day of February, 1955. /s/ Alice Jean Willingham, (Seal). Approved March 7, 1955. SUWANEE CHARTER AMENDED. No. 310 (House Bill No. 379). An Act to amend the Act creating a new charter for the Town of Suwanee, in the County of Gwinnett, State of Georgia, approved February 25th, 1949, and as found in Georgia Laws 1949, pp. 1744 to 1766, inclusive, by striking the words of five-eights of one percent found in the 10th line of Section 41 of said Act, and by striking Section 42 of said Act in its entirety, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that Section 41 of the Act creating a new charter for the Town of Suwanee, County of Gwinnett, State of Georgia, be and the same is hereby amended by striking the words of five-eights of one percent, where the same appears in the tenth line of the printed Acts of Section 41 after the word tax and before the word annually, as the same appears in the eleventh line of said section as the same appears in the printed Acts, so that said section when amended shall read as follows: Section 41. The mayor and alderman shall have the

Page 3095

power and authority to contract debts and issue bonds of said town under and in accordance with the limitations provided in the Constitution of this State; from funds arising from the sale of any bonds thus issued to establish and maintain a system of waterworks; a system of lights, public buildings; or any other improvement, convenience or necessity for the use or convenience of the citizens of said town; to create a debt and issue bonds of said town for any lawful purpose under the limitations herein stated; and to levy a tax annually upon the assessed property of said town to discharge said debt. Bonded indebtedness. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, Section 42 of the Act creating a new charter for the Town of Suwanee as aforesaid, be and the same is hereby repealed in its entirety. Sec. 4. repealed. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and so declares that notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section 7, Paragraph 15 of the Constitution of the State of Georgia, 1945. A copy of said notice is hereto attached and made a part hereof. Legal Notice. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia which convenes in January, 1955, a bill entitled an Act to amend an Act creating a new charter for the Town of Suwanee in the County of Gwinnett, State of Georgia, approved February 25, 1949, and as found in Georgia Laws 1949, pp. 1744-1766 inclusive, so as to amend Section 41 of said Act striking the words of five-eights of one percent, said words appearing in the tenth line

Page 3096

of said Section 41 of said printed Acts; by striking section 42 of said Act in its entirety; and for other purposes. Town of Suwanee, By George Pierce, Mayor. 12-3t-c. Georgia, Gwinnett County. Personally appeared before the undersigned officer, authorized by law to administer oaths in this State, Marvin A. Allison, who after first being duly sworn, on oath says that he is the publisher of the News Herald, a newspaper published in Lawrenceville, Gwinnett County, Georgia, the same being the newspaper in which the sheriff's advertisements appear in and for Gwinnett County, and that the above and foregoing notice to apply for legislation was published in the issues of January 13, 20, and 27, 1955. /s/ Marvin A. Allison. Sworn and subscribed before me, this the 31 day of January, 1955. /s/ Chas. C. Pittard, Notary Public, Gwinnett County, Ga. (Seal). Approved March 7, 1955. ROME CHARTER AMENDED. No. 311 (House Bill No. 577). An Act to amend an Act, entitled on 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

Page 3097

Section 12 of an Act approved February 16, 1943 (Ga. Laws, pp. 1560-71) as amended, pertaining to retirement benefits; by providing that all funds credited to certain school teachers of the City of Rome and paid into the Rome Retirement Fund by the Board of Trustees of the Teacher's Retirement System of Georgia, as authorized and directed by Ga. Code Section 32-2922, shall be paid to the individual teachers concerned; to repeal all Acts, laws and parts of laws in conflict therewith. Section 1. Section 12 of an Act approved on February 16, 1943, (Ga. Laws, pp. 1560-71) as amended, amending an Act entitled, An Act to create a new charter for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof; and to repeal all former charters and laws in conflict thereof approved August 19, 1918 is and the same is hereby amended by adding the following sub-paragraph to be known as Subparagraph (g) of Section 12, reading as follows: Any money paid into the Rome Retirement Fund and credited to the account of certain school teachers of the City of Rome by the Board of Trustees of the Teacher's Retirement System of the State of Georgia, as provided for and authorized by Ga. Code Section 32-2922, shall be paid monthly by the Board of Trustees of the Rome Retirement System to the individual teachers for whom such payments were made and credited after said teacher shall have reached the retirement age as hereinbefore provided. Said payments to the individual school teachers shall be in addition to any other retirement benefits authorized to be paid to said school teachers by this Act, so that Section 12 (g) shall read as follows: Sec. 12, Act of 1943, amended. Section 12. Any money paid into the Rome Retirement Fund and credited to the account of certain school teachers of the City of Rome by the Board of Trustees of the Teacher's Retirement System of the State of Georgia, as provided for and authorized by Ga. Code Section 32-2922, shall be paid monthly by the Board of Trustees of the Rome Retirement System to the individual

Page 3098

teachers for whom such payments were made and credited after said teacher shall have reached the retirement age as hereinbefore provided. Said payments to the individual school teachers shall be in addition to any other retirement benefits authorized to be paid to said school teachers by this Act. Retirement payments. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1955 Session. Notice is hereby given that at the 1955 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Rome, as amended, will be proposed and introduced for passage to provide that Section 12 of an Act approved August 19, 1918, incorporating the City of Rome, Georgia, as amended, said Act to be amended being an Act to create a new charter and municipal government in the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, and as amended by an Act approved February 16, 1943 (Ga. Laws 1943, p. 1560), and all Acts amendatory thereof and known as the Rome Retirement Fund be amended by adding a new subsection to said Section 12 to be known as Subsection (g), to provide that all funds received from the State of Georgia under the authority of Georgia Code Section 32-2922 and its subsections, shall be paid by the board of trustees when received over to the individual teacher concerned in each case in the amount actually credited and received for such teacher. The above notice is given in compliance with the Constitution

Page 3099

of the State of Georgia pertaining to local legislation. City of Rome, By: /s/ F. L. Sammons, F. L. Sammons, Secretary. Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, J. Battle Hall, who on oath states that he is a member of the General Assembly from Floyd County, and is the author of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News-Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill, are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a part of said bill; and that said notice was published as provided by law. This 14th day of February, 1955. /s/ J. Battle Hall. Sworn to and subscribed before me, this 14th day of February, 1955. /s/ A. E. Campbell, Notary Public, Floyd County, Ga. Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1955 Session. Notice is hereby given that at the 1955 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Rome, as amended, will be proposed and introduced for passage to provide that Section 12 of an Act approved August 19, 1918, incorporating the City of Rome, Georgia, as amended, said Act to be amended being an Act to create a new charter and municipal government in the City of Rome; to define

Page 3100

the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, and as amended by an Act approved February 16, 1943 (Ga. Laws 1943, p. 1560), and all Acts amendatory thereof and known as the Rome Retirement Fund be amended by adding a new subsection to said Section 12 to be known as Subsection G, to provide that all funds received from the State of Georgia under the authority of Georgia Code Section 32-2922 and its subsections, shall be paid by the board of trustees when received over to the individual teacher concerned in each case in the amount actually credited and received for such teacher. The above notice is given in compliance with the Constitution of the State of Georgia pertaining to local legislation. City of Rome, By: /s/ F. L. Sammons, F. L. Sammons, Secretary. Approved March 7, 1955. DOUGLAS COUNTY COMMISSIONERSAMENDMENTS. No. 312 (Senate Bill No. 108). An Act to amend an Act creating a three member Board of Commissioners of Roads and Revenue for Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), as amended by an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2299), so as to change the date and number of meetings of the board; to change the compensation of the members of the board; to provide for the chairman to devote full time to the duties of his office; to provide for expenses of the chairman; to repeal conflicting laws; and for other purposes.

Page 3101

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a three member Board of Commissioners of Roads and Revenue for Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), as amended by an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2299), is hereby amended by striking from Section 5 the words Said board shall meet monthly, on the first Tuesday in each month and in lieu thereof inserting the words Said board shall meet each Tuesday, so that Section 5 shall read: Section 5. Said board shall meet each Tuesday at the courthouse. The chairman shall be the financial officer of said board, and shall receive all funds payable to said board or for the benefit thereof, and before entering upon his duties shall give bond in the sum of $10,000.00, payable to the Ordinary of said County of Douglas, for the use and benefit of the county, conditioned for the faithful performance of his duties and a just and true accounting for all funds received. Surety on said bond shall be a surety company authorized to do business in the State of Georgia, and the premium for said bond shall be paid by Douglas County. No other member of said board shall receive or be custodian for any funds belonging to County of Douglas, unless expressly authorized by proper action of said board of commissioners of roads and revenues, in which event, the amount of bond shall be fixed at the time said member or members authorized to receive funds and become custodian thereof. Meetings. Chairman. Section 2. Said Act is further amended by striking Section 7, as amended, in its entirety and in lieu thereof inserting the following: Section 7. The chairman shall be compensated in the amount of $3600.00 per annum and shall be reimbursed for expenses incurred in the performance of his official duties, but not to exceed $50.00 per month. The chairman shall devote full time to the duties of his office. The two other members of the board shall be

Page 3102

compensated in the amount of $1200.00 per annum and shall be reimbursed for expenses incurred in the performance of the duties of the board but not to exceed $25.00 per month. The compensation and expenses of the chairman and other members of the board shall be paid in equal monthly payments from the funds of Douglas County. The expenses of all members of the board shall be subject to the approval of the entire board. Compensation and expenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1955. DECATUR RETIREMENT SYSTEM AMENDED. No. 313 (House Bill No. 209). An Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act establishing a new charter for the Town of Decatur, now City of Decatur, approved August 17, 1909, and amended February 25, 1949, be and the same is hereby further amended by amending Paragraphs 3 and 4 of Section 13 of said retirement and pension plan so as to provide that employees who are separated from the service for a period exceeding twelve months shall have their pension status restored after five years consecutive service with the city, and by amending said Paragraphs 3 and 4 of Section 13 of said retirement and pension plan by substituting therein the words five years whenever and wherever ten years appears, so that said Paragraphs 3 and 4 of Section 13

Page 3103

of said retirement and pension plan for the employees of the City of Decatur provided by the amendment dated February 25, 1949, above referred to, when so amended, shall read as follows: Employees who are separated from the service for a period exceeding twelve months shall have their full pension status restored only after five year consecutive service with the city. During the five year period, service accrual, insofar as the pension plan is concerned, will be dated from the date the employee returns to service. After the five years consecutive service has been completed, the board shall add all previous service of the employee with the city, not to include that time out of service, and shall establish the service date for such employee based upon the sum total of all periods of previous service with the city. Employees returning to service. Return to service. If an employee has received a refund of his contribution to the City of Decatur pension fund, as outlined above, and later returns to the employ of the provided herein, he shall repay to the pension fund the full amount of such refund, on or before the date on which it is necessary for such amount to be credited to his account in order to make effective the full force of his pension credits. In lieu of cash payment, such repayment may be made through payroll deductions in an amount of not less than 5% nor more than 10% of the basic wage per week, or per month, provided that such repayment shall be begun in sufficient time to meet the provisions of the foregoing. Amount of repayment to be considered as a saving plan and credited to the employee's account, without interest, and not to be affected as far as the pension plan is concerned until employee has completed his five consecutive years of service. If the employee is to retire before completion of the five years consecutive service, the amount is to be refunded to him in a lump sum. This amount not to be matched by the city. Section 2. Be it further enacted by the authority

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aforesaid that all laws or parts of laws in conflict with this Act 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 week for three weeks as required by law; said dates of publication being January 6, 13, 20, 1955. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 20 day of January, 1955. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Copy of Notice. Notice of Local Legislation. GeorgiaDeKalb County. Notice is hereby given that application will be made to the Legislature at its next session to convene in January, 1955, for the passage of an Act entitled An Act to amend an Act, approved Aug. 17, 1909, creating and establishing a new Charter and municipal government for the town of Decatur, now city of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, so as to amend the retirement and pension plan of the City of Decatur, by amending Section 13 of said retirement and pension plan so as to provide that employees

Page 3105

who are separated from the service for a period exceeding 12 months shall have their pension status restored after five years' consecutive service with the city, and otherwise amending said Section by substituting therein the word five years whenever and wherever ten years appears therein. This 28th day of December, 1954. B. Hugh Burgess, as City Attorney for the City of Decatur, Ga. 1-6-3t. Approved March 7, 1955. COLUMBUS PENSION SYSTEM AMENDED. No. 314 (House Bill No. 252). An Act amending the charter of the City of Columbus, Georgia; providing a pension system for retired officers and employees and the dependents of officers and employees of said city; fixing the amounts of such pensions; the terms and conditions under which they will be payable; the persons eligible therefor, and all other matters pertinent thereto; repealing provisions of said charter in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the charter of the City of Columbus, Georgia, be, and it is hereby, amended by adding thereto the following additional authority and powers: Section 1. The amounts of pensions to be paid by said city to and on account of persons becoming totally and permanently disabled in the service of said city, and persons who lose their lives, or who become totally and permanently disabled as the result of injuries incurred

Page 3106

on occasions while actually engaged in the performance of duties for said city, shall be determined in accordance with the following provisions, to the extent that said provisions are applicable: (A) The following provisions contained in this Sub-paragraph (A) (1) and (A) (2) shall apply, and shall apply only, in determining the maximum pensions payable to those city officers and employees retired after twenty years service on account of total and permanent disability, as distinguished from death or injury incurred on occasions while actually engaged in the performance of their duties. (1) The following rates per month per year of service shall apply to the regular monthly salary of the officer or employee at the time of retirement on account of total permanent disability: Salary Range Rate per Month per Year of Service $149.99 or less $2.00 $150.00 to $199.99 $2.50 $200.00 to $274.99 $3.00 $275.00 to $314.99 $3.50 $315.00 and above $3.75 (2) The maximum amount of the monthly pension payment shall be determined by multiplying the appropriate rate, as indicated above, for the wage of the officer or employee, by the number of his years of service in the employment of the city, which service may not be less than twenty (20) years for retirement on account of total permanent disability, as provided elsewhere in the charter of said city. (B) Pensions may be paid only to or on account of those city officers or employees who were employed by said city on a full time basis at the time of disability, injury or death, as the case may be.

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(C) No officer or employee may be granted a pension on account of disability or injury unless two or more doctors regularly practicing in the City of Columbus, or County of Muscogee, shall certify to his total permanent disability. (D) No officer or employee may be granted a pension on account of total permanent disability unless either the city manager or the department head of the officer or employee in question shall so recommend. (E) The maximum pension payments for which provision is herein made shall be applicable to all persons on the retired or pension list of said city, whether they became retired or pensioned before or after the effective date of this Act; provided, that all persons on the retired or pension list of said city prior to the effective date of this Act shall receive a pension increase of at least $5.00 per month, or five percent (5%) of the amount of their present pension, whichever is the greater. (F) In determining the amount of the maximum pension to be paid to officers or employees, retired prior to the effective date of this Act because of total permanent disability after twenty years service, such amounts shall be computed on the basis of the salary paid at the time of the effective date of this Act for the job or position held by such officer or employee at the time of retirement. (G) Subject to the limitations of Subparagraph (A) above applicable to persons who become totally and permanently disabled after twenty years service, the maximum amount of pension payable by the city on account of officers or employees who become disabled after twenty years service or who are killed or injured as a result of injury incurred on occasions while actually engaged in the performance of their duties, shall be one hundred twenty-five dollars per month, regardless of any other provisions of this Act.

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(H) Regardless of any other provision of this Act, there shall be no vested right in any pension paid by the City of Columbus, but all such pensions may, in the sole and unlimited discretion of the Commission of the City of Columbus, be granted, altered, increased to the extent of the maximum herein provided, decreased or terminated. 2. Should any section, paragraph, sentence, subparagraph, clause or phrase of this Act, or the application thereof to any person or circumstance, be declared unconstitutional or invalid, the remainder of the Act, and the application to other persons or circumstances, shall not be affected thereby. Section 3. 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 notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the Bill providing for this Act into the General Assembly. Notice of Intention to Apply for Local Legislation, City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1955, for the passage of a bill entitled as follows: An Act amending the charter of the City of Columbus, Georgia; providing a pension system for retired officers and employees and the dependents of officers and employees of said city; fixing the amounts of such pensions; the terms and conditions under which they will be payable; the persons eligible therefor, and all other matters pertinent thereto; repealing provisions of said charter in conflict herewith; and for other purposes.

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This 4th day of January, 1955. Roscoe Thompson. Albert W. Stubbs. January 7, 1955 January 14, 1955 January 21, 1955 Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, M. R. Ashworth, who on oath deposes, 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 sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit, on January 7, 1955; January 14, 1955; and January 21, 1955. /s/ M. R. Ashworth. Sworn to and subscribed before me, this 22 day of January, 1955. /s/ Joseph P. Meyer Notary Public, Muscogee County, Georgia. (Notarial Seal) Approved March 7, 1955. CITY COURT OF FLOYD COUNTY. No. 315 (House Bill No. 474). An Act to repeal an Act entitled An Act to establish a City Court in the County of Floyd., approved September 27, 1883 (Ga. Laws 1882-83, p. 535), as amended, to establish the City Court of Floyd County in and for the County of Floyd, and to define its jurisdiction and power, to provide for the election of the

Page 3110

judge, solicitor and other officers and to define their power and duties, and to fix the term of such officers, and to provide for the election of a judge and the appointment of other officers, to fix the compensation of the judge and other officers thereof, to provide for pleadings and practice therein and writs of error therefrom, and to fix the terms thereof, to provide for jurors therefor, to define costs in certain cases, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a City Court in the County of Floyd., approved September 27, 1883 (Ga. Laws 1882-83, p. 535), as amended, is hereby repealed in its entirety. Section 2. The City Court of Floyd County is to be located in the City of Rome, in the County of Floyd, and is hereby established and created, with civil and criminal jurisdiction over the whole County of Floyd, concurrent with the superior court, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all criminal cases of all offenses below the grade of felony committed in the County of Floyd. Jurisdiction. Section 3. There shall be a judge of said city court, who shall be elected by qualified voters of said Floyd County, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same, until the next general election, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections; provided that if said vacancy occurs within thirty (30) days prior to the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary of seven thousand five hundred ($7,500.00) dollars per annum, which shall neither be diminished nor

Page 3111

increased during his term of office, except to apply to a subsequent term in office, and which shall be paid monthly by the Treasurer of Floyd County, and it shall be the duty of the board of roads and revenues of said county or other proper officers to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation and may not practice law in any court. Judge. Section 4. No one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least thirty years of age, a resident of Floyd County for at least seven years immediately preceding the appointment or election, of good moral character and a practicing attorney with at least seven years experience. He shall before entering upon his duties of office, take and subscribe the oath provided by law. Qualifications. Section 5. The Solicitor-General of the Floyd Superior Court shall be ex officio Solicitor of said City Court of Floyd County. It shall be the duty of said solicitor to prosecute all offenses cognizable before said city court and to perform any and all other duties required of him as Solicitor of said City Court of Floyd County. Said solicitor shall receive as compensation for his services the same fees as provided by law for like matters in the superior court, and said solicitor shall for his services in the Supreme Court and Court of Appeals be paid out of the treasury of the State in the same manner as the solicitors-general of the superior court in this State for like services rendered. Said solicitor shall before entering upon his office take and subscribe the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as Solicitor of the City Court of Floyd County, Georgia, and will take only my lawful fees of said office. So help me God. Said oath shall be signed and entered upon the minutes of said city court. The solicitor shall be subject to all duties and all the penalties as provided for solicitors-general of the superior courts of Georgia, so far as said duties and penalties apply to the City Court of Floyd County. Solicitor.

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Section 6. The judge now serving as Judge of the City Court of Floyd County shall continue in office until December 31, 1958. His successor shall be elected at the general election to be held in 1958. The judge shall be commissioned as other city court judges of this State. Section 7. The Clerk and his Deputies of the Superior Court of Floyd County, shall be ex officio clerk and deputies of said city court. Said clerk, shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of three thousand ($3,000.00) dollars, for the faithful discharge of the duties of his office. Clerk and deputies. Section 8. The Sheriff of Floyd County, Georgia, shall be the Sheriff of the City Court of Floyd County. Sheriff. Section 9. All duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of Clerk of the City Court of Floyd County and to the office of Sheriff of Floyd County in the performance of their duties in said court, and the Judge of said City Court of Floyd County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia, so far as the same may pertain to matters affecting the said city court. Section 10. The clerk and sheriff of said city court shall, unless otherwise specified in this Act, receive for all services the same fees as are allowed by law for like services in the superior court, for the use of Floyd County; they shall be amenable to the same processes and penalties as they are amenable to as officers of the superior court. Floyd County shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as are now provided in the superior

Page 3113

court. Nothing contained in this section shall be construed as permitting the sheriff or clerk to receive any remuneration in excess of the salary now provided. Fees, costs, etc. Section 11. The judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way, and with the same power as the judge of the superior court, except that said power shall not extend to capital felonies or where a person is held for extradition under warrant of the Governor. Habeas corpus. Section 12. Said City Court of Floyd County shall have quarterly terms which shall be held on the second Monday in March, second Monday in June, second Monday in September and the first Monday in December, and such terms shall remain open for the transaction of all business until the next succeeding term, and shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. Terms. Section 13. The terms of the court shall be held at the courthouse in the City of Rome, Floyd County, unless otherwise provided by the board of roads and revenue of said county. Juries shall be drawn when necessary as hereinafter directed. The judge of said city court shall in his discretion, hold jury trials at any time during any term of said court for the transaction of criminal or civil business, and said judge may in his discretion set cases for trial at convenient times and may proceed to hear and dispose of same. Trials. Section 14. Suits in said city court shall in all respects be conformable to the mode of proceedings now provided or hereafter provided in the superior court, the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof and be directed to and served by the Sheriff of Floyd County, or his deputies. All matters pertaining to service, pleadings and practice shall be governed by the laws now provided or hereafter provided for the superior courts of this State. Pleading practice.

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Section 15. All cases civil and criminal shall be tried by a jury of 12 to be selected in the same manner and with the same number of strikes as provided for like cases in the superior court, unless both parties shall waive their right to trial by jury, in which case the judge of the said city court shall have the power and authority to hear and determine without a jury, all civil causes of which the court has jurisdiction, and to give judgment and execution therein and to hear and to determine without a jury all criminal cases of which the said court has jurisdiction, and to pass sentence thereon. Trials. Section 16. All judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the same manner as judgments of the superior courts; and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the Sheriff of Floyd County and his deputies, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments, executions. Section 17. Said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court and such claims shall be tried in the same manner as claims in the superior courts. Claims. Section 18. Claims to real property levied on under execution or other process from said city court, shall be returnable to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Section 19. Scire facias to make parties in any cause in said city court shall be had as in the superior court and such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Scire facias. Section 20. The judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office, as the judge and other officers of the superior courts may in like cases

Page 3115

do; and the judge of the city court shall have the same power and authority as judges of the superior courts, in matters pertaining to said city court, and all laws relating to and governing judges of the superior courts shall apply to the judge of the city court, so far as same may be applicable to matters pertaining to said city court. The judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judge of the superior courts of this State. Judge's powers. Section 21. Said City Court of Floyd County shall be a court of record and shall have a seal, and the minutes, records, order and other books and files that are required by law, and rules, to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Section 22. The judge shall draw jurors in such numbers as he may deem necessary from the boxes provided for traverse jurors in the Floyd Superior Court and all laws with reference to the drawing, selecting and summoning of traverse and tales traverse jurors in the superior courts shall apply to the City Court of Floyd County, Each juror shall receive the same pay that jurors are paid in Floyd Superior Court, the same to be paid under the rules governing the payment of superior court jurors. Jurors. Section 23. The sheriff of said court, with the approval of the judge, is authorized to appoint at each term of said court bailiffs, as officers of said court, who shall receive for their services the same pay as bailiffs in Floyd Superior Court. Bailiffs. Section 24. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Commitment.

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Section 25. Defendants in criminal cases in said City Court of Floyd County shall be tried on written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor and signed by the solicitor of said city court or upon misdemeanor indictment transferred from the Floyd Superior Court. All the proceedings after accusation shall conform to the rules governing like cases in the superior courts. In all cases the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior courts. Criminal cases. Section 26. A writ of error shall be from said City Court of Floyd County to the Supreme Court of Georgia and to the Court of Appeals of Georgia, whichever court has jurisdiction, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exception in the superior courts of this State. Writ of error. Section 27. In case of the absence of the Judge of the City Court of Floyd County at any term thereof the sheriff or clerk of said court may adjourn it to such time as the judge may direct, or if no directions be given the court shall stand open as provided in Section 12 of this Act. Absence of judge. Section 28. All fines and forfeitures arising from cases tried in said City Court of Floyd County shall be paid out by order of the judge of said city court, and shall be paid in the same manner as provided by law for fines and forfeitures arising in the Floyd Superior Court. Fines and forfeitures. Section 29. The Board of Roads and Revenue of the County of Floyd shall provide a suitable place in the courthouse in the City of Rome for the holding of said court, and provide necessary books for keeping the dockets, minutes and records of said city court.

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Section 30. Court costs of all cases, civil and criminal, in said city court shall be the same as is now or may hereafter be provided for the Floyd Superior Court, except that in civil actions involving less than four hundred ($400.00) dollars, the court costs shall be one-half () of that now provided or may hereafter be provided in the Floyd Superior Court. Costs. Section 31. All matters civil and criminal pending before the present City Court of Floyd County are transferred to the City Court of Floyd County created by this Act and retain their respective priority and place on the calendar. Section 32. Be it further enacted, that all moneys arising from fines and forfeitures in said city court shall be subject to the claims of the officers of said court and of the superior court, and of magistrates and constables of said county, for their fees and costs in criminal cases in either said court or the superior court where the defendants are insolvent or have been acquitted, and shall be applied to the payment thereof under the laws and regulations governing the same in the superior courts of this State. Fines, forfeitures, etc. Section 33. If for any reason any portion of this Act shall be held by the court of last resort in this State to be unconstitutional or invalid, the whole of this Act shall not therefore become void, but only so much of the same as may be held to be unconstitutional or invalid. Section 34. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: Notice is hereby given that during the 1955 session of the Georgia General Assembly, a bill will be proposed applicable only to Floyd County to amend and define all Acts pertaining to regular terms and procedure in the City Court of Floyd County, Georgia.

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This notice is given in compliance with Article III, Section XIV, Paragraph XV of the Constitution of Georgia, 1945 and Code Section 47-801, Statutes of Georgia. Georgia, Floyd County. The undersigned does hereby certify that he is editor of the Rome News Tribune, a newspaper in which sheriff's advertisements for Floyd County are published, and does further certify that an exact copy of the above notice was published in the Rome News Tribune on December 13, 20, 27, 1954. This 5th day of February, 1955. /s Edward I. Bernard. Sworn to and subscribed before me this 5th day of February, 1955. /s/ Leatha Davenport My Com. expires Nov. 22, 1956. N. P. Floyd County, Georgia. December 13, 20, 27, 1954. (Seal) Approved March 7, 1955. FULTON COUNTY PENSION SYSTEM AMENDED. No. 316 (House Bill No. 344). An Act to amend an Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees... and for other purposes, approved March 3, 1939 (Ga. Laws 1939, pp. 571-579) and the several Acts amendatory thereof, by providing an alternate pension plan for employees now in service who may elect to accept the benefits of such alternate plan and

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for all employees who may hereafter enter the service of Fulton County; to provide benefits and rules and regulations for the payment of benefits to retired employees and their dependents; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees... and for other purposes, approved March 3, 1939 (Ga. Laws 1939, pp. 571-579) and the several Acts amendatory thereof, be further amended as follows: Section 1. The pension benefits provided by this section and the several subsections thereof shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any officer or employee eligible for a pension under this Act who is in the service of the county prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1955. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the service of the county on the effective date of this Act, who do not in writing agree to accept the benefits and obligations of this amendment, shall have their rights and obligations determined under the law as it existed prior to this amendment. Employees coming into the service of the county on or after the effective date of this amendment shall have their benefits and obligations fixed by the provisions of this amendment in lieu of the provisions of this Act as same existed prior to this amendment. (b) When any officer or employee electing to come under the provisions of this amendment in the manner aforesaid, or who is placed thereunder by this Act, shall

Page 3120

retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such officer or employee during the twelve months immediately preceding his retirement, but not to exceed $150.00 per month except as hereinafter provided. In case the officer or employee has served 26 years or more, the amount of the pension shall be increased $5.00 per month for each full year's active service in excess of 25 years, subject however, to the limitation hereafter imposed. The records kept in the office of the personnel and/or civil service department of such county shall be conclusive as to the time served. (c) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all other benefits of this Act, as amended, for their beneficiaries and for themselves, but such benefits shall be increased 50% over the amount set forth in the relevant sections of this Act, as amended, prior to this amendment, providing for partial pensions, pensions for total disability and payments to beneficiaries. (d) In no event shall the pension to be paid to any officer or employee under the terms of this amendment be in excess of 75% of the average salary paid to such employee during his last 3 years of employment. (e) The sum of 4% of the salary, not exceeding $300.00, paid to such officer or employee who does not provide for the payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 5%, not exceeding $300.00, of his salary in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such officers and employees of such county, who consent and agree to the provisions of this amendment. Like deductions shall be made from the salaries of those required to come under this amendment. The sums shall be paid to and retained by the treasurer of the county, and are hereby set apart as a pension fund, free from the control of any such county for any other purpose or expenditure.

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(f) This section and the several subsections shall be effective April 1, 1955 and the payments required by the preceding sections, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the county, the payments shall begin with the employment or qualification for service. (g) Any person who shall elect to come under the terms of this section, who shall voluntarily retire within a period of three years immediately following the effective date of this section, shall pay into the pension fund an amount which, when added to the amounts deducted by the employer, will equal the total amount that would have been deducted during such three year period had the person remained in the service of the county for the full three year period at the salary he was drawing at the time of his retirement. Such payment shall be made within six months after retirement. In case the required payment is not made within the time specified, the board of trustees shall collect the amount by deductions from future pension payments, in such amounts as they may fix. Past due payments shall bear interest at 6% per annum. No payments shall be required in case of involuntary retirement or death. Section 2. Pension payments due to former officers and employees who have heretofore retired as a matter of right after 25 years of service and who may so retire before the effective date of this Act, and have been awarded pensions under the terms of this Act, shall be increased in the following amounts, and subject to the limitations hereinafter set forth. All such persons shall have their future pension payments made on the basis of one-half pay but not to exceed $100.00 per month, plus $5.00 per month for each full year's active service in excess of 25 years but not in excess of 35 years, provided that no such person, as a result of this amendment, shall draw more than $150.00 per month in pensions. This section shall be effective April 1, 1955. Where benefits heretofore granted are payable out of the funds in the hands of the board of trustees provided herein,

Page 3122

the same benefits shall continue to be paid out of the same funds but increased benefits provided in this amendment shall be paid out of the county treasury from funds received from sources other than taxation. Where benefits are payable directly from the treasury of the county, the increased benefits shall also be paid out of the treasury of the county. Section 3. In addition to the fund derived from deductions from salaries and wages, as required by the terms of this Act, as amended, or as the same may hereafter be amended, it shall be the duty of the governing authorities of such county to appropriate and pay into the pension fund established by this Act, an amount which shall equal the total amount of such deductions. Should said fund, at any time, be insufficient to meet and pay said pensions, any such county shall appropriate, from current funds, including funds derived from ad valorem taxation, sufficient amounts to make up the difference. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 5. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which annexed is a true copy, was published

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in said paper on the 6, 13, 20, 27th days of Dec., 1954, and on the 3rd, 10th days of January 1955 as provided by law. /s/ Bessie K. Crowell. Subscribed and sworn to before me, this 12th day of January, 1955. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January, 1955) session of the General Assembly of Georgia for local legislation to amend an Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county.... and for other purposes (Ga. Laws 1939, p. 571), and the several Acts amendatory thereof. This December 1, 1954. Harold Sheats, County Attorney, Fulton County. Dec 6 13 20 tfn. Approved March 7, 1955. ROME LIMITS EXTENDED. No. 317 (House Bill No. 384). 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

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property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That 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, 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 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: All that tract or parcel of land situated, lying and being in Floyd County, Georgia, and being more particularly described as beginning at a point on the eastern city limits line of the City of Rome, Georgia, a distance of 140 feet south of the south line of East 14th Street; thence due east to the southwest corner of Lot #16 and the southeast corner of Lot #17 of the Mountain View Subdivision, as per plat of said subdivision made by O. M. Lanham, C.E., in April, 1926, and as recorded in Plat Book 1, page 141, in the office of the Clerk of Superior Court of Floyd County, Georgia; thence easterly and northerly along the southern and eastern boundaries of said subdivision to a point on the city limits line of the City of Rome; said point being the northeast corner of Lot #1 of said subdivision; thence westerly along the city limits line along the southerly line of East 12th Street to Highland Avenue; thence southeasterly along said city limits to the point of beginning. Territory added. Said property being popularly known as Turnbull Hill. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon the first day of September, 1955.

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Section 3. The area thus added and annexed to the city limits and boundaries of the City of Rome shall become a part of the 7th Ward, and upon the effective date of this Act, September 1, 1955, 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. In all 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 upon the said effective date aforesaid. 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 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 2nd day of January, 1955. /s/ J. Battle Hall.

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Sworn to and subscribed before me, this 2 day of February, 1955. /s/ Janette Hirsch, Notary Public Fulton County, Ga. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1955 Session. Notice is hereby given that at the 1955 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Rome, as amended, will be proposed and introduced for passage so that the following described real property shall be incorporated within the City of Rome and the boundaries of the City of Rome extended by the addition of said real property: All that tract or parcel of land situated, lying and being in Floyd County, Georgia, and being more particularly described as beginning at a point on the eastern city limits line of the City of Rome, Georgia, a distance of 140 feet south of the south line of East 14th Street; thence due east to the southwest corner of Lot #16 and and the southeast corner of Lot #17 of the Mountain View Subdivision, as per plat of said subdivision made by O. M. Lanham, C.E., in April, 1926 and as recorded in Plat Book 1, page 141, in the office of the Clerk of Superior Court of Floyd County, Georgia; thence easterly and northerly along the southern and eastern boundaries of said subdivision to a point on the city limits line of the City of Rome; said point being the northeast corner of Lot #1 of said subdivision; thence westerly along the city limits line along the southerly line of East 12th Street to Highland Avenue; thence southeasterly along said city limits line to the point of beginning. Said property being popularly known as Turnbull Hill. The above notice is given in compliance with the Constitution

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of the State of Georgia pertaining to local legislation. City of Rome, By: F. L. Sammons, Secretary. Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1955 Session. Notice is hereby given that at the 1955 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Rome, as amended, will be proposed and introduced for passage so that the following described real property shall be incorporated within the City of Rome and the boundaries of the City of Rome extended by the addition of said real property: All that tract or parcel of land situated, lying and being in Floyd County, Georgia, and being more particularly described as beginning at a point on the eastern city limits line of the City of Rome, Georgia, a distance of 140 feet south of the south line of East 14th Street; thence due east to the southwest corner of Lot No. 16 and the southeast corner of Lot No. 17 of the Mountain View Subdivision, as per plat of said subdivision made by O. M. Lanham, C. E., in April, 1926 and as recorded in Plat Book 1, page 141, in the office of the Clerk of Superior Court of Floyd County, Georgia; thence easterly and northerly along the southern and eastern boundaries of said subdivision to a point on the city limits line of the City of Rome; said point being the northeast corner of Lot No. 1 of said subdivision; thence westerly along the city limits line along the southerly line of East 12th Street to Highland Avenue; thence southeasterly along said city limits line to the point of beginning. Said property being popularly known as Turnbull Hill. The above notice is given in compliance with the Constitution

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of the State of Georgia pertaining to local legislation. City of Rome, By: F. L. Sammons, Secretary. Jan. 4, 11, 18. Approved March 7, 1955. FLOYD COUNTYZONING. No. 318 (House Bill No. 292). An Act to repeal the Act approved February 12, 1952 (Ga. Laws, 1952, pp. 2360-2364) authorizing the board of commissioners of roads and revenue to pass zoning rules and regulations; to repeal conflicting laws, and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia as follows: Section 1. That the Act approved February 12, 1952, (Ga. Laws, 1952, pp. 2360-2364) authorizing the Board of Commissioners of Roads and Revenue of Floyd County, Georgia to pass zoning rules and regulations is hereby repealed in its entirety. Act of 1952 repealed. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Georgia, Floyd County. Personally appeared before the undersigned authority, J. Battle Hall, who, being duly sworn, says on oath that he is the author of the above and foregoing bill to which this affidavit is attached and of which this affidavit is made a part; that notice of the intention to apply for the passage of said bill has been published as provided

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by law; that a copy of said notice is hereto attached marked Exhibit A and is made a part of this affidavit and of said bill; that said notice was published in the Rome News Tribune, the newspaper in which the sheriff's advertisements for Floyd County, Georgia, 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, to wit: in the editions of said newspaper on the 6, 13, and 20 days of January, 1955. This 31 day of January, 1955. /s/ J. Battle Hall, J. Battle Hall. Sworn to and subscribed before me, this 31 day of January, 1955. /s/ Janette Hirsch, Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Georgia, Floyd County. Before me, an officer duly authorized to administer oaths, appeared J. Battle Hall, who on oath deposes and says that he is a member of the House of Representatives from Floyd County, and that the attached advertisement of notice of intention to introduce local legislation was published on January 6, 1955, January 13, 1955, and January 20, 1955 in the Rome News-Tribune, which is the official organ of Floyd County. /s/ J. Battle Hall, J. Battle Hall, Representative, Floyd County, Georgia.

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Sworn to and subscribed before me, this 31 day of January, 1955. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Exhibit A. Georgia, Floyd County: Notice is hereby given that application will be made at the regular session of the General Assembly of Georgia of 1955, to convene in January 1955, for the passage of a bill amending or repealing the Act authorizing the Board of Commissioners of Roads and Revenues of Floyd County, Georgia to pass zoning rules and regulations; to repeal conflicting laws, and for other purposes. Jan. 6, 13, 20. Approved March 7, 1955. ATLANTAAD VALOREM TAX. No. 319 (House Bill No. 17). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. For the purpose of raising revenue for the

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support and maintenance of the city government and for other corporate purposes, the mayor and board of aldermen shall have full power and authority and they may provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, which, under the laws of this State, is subject to taxation within the incorporate limits of said city amounting to 14 mills. Ad valorem tax. Section 2. In addition thereto, for the purpose of raising revenue for the support and maintenance of education and for other school purposes, the mayor and board of aldermen shall have full power and authority and they may provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, which, under the laws of this State, is subject to taxation within the incorporate limits of said city, amounting to 7 mills. Section 3. The mayor and board of aldermen are authorized, in their discretion, to increase or decrease the tax herein authorized in such amounts as they may determine. Section 4. The tax herein authorized may be assessed, levied and collected for the year 1955 and annually thereafter; however, for the year 1955 the amount to be levied for the purpose of raising revenue for the support and maintenance of education and other school purposes shall not be increased in excess of 1 mills over the rate specified in Section 2 of this Act, and then only on request by the Board of Education of the City of Atlanta by properly approved resolution to the mayor and general council. Section 5. 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,

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have been complied with for the enactment of this law. Section 6. That all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Hoke Smith, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the 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. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1955 session of the General Assembly, which convenes on Monday, January 10, 1955, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican. Representative, M. M. (Muggsy) Smith. Representative, Hoke Smith. Representative, Hamilton Lokey.

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Dec 16 23 30 Jan 6 tfn. This the 12 day of January, 1955. /s/ Hoke Smith. Sworn to and subscribed before me, this 12th day of January, 1955. Janette Hirsch, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Approved March 7, 1955. ATLANTA CHARTER AMENDED. No. 320 (House Bill No. 348). 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 Acts 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. This Act shall be effective January 1, 1957.

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Section 3. The mayor and board of aldermen shall provide by ordinance for the assessment and collection of an annual ad valorem tax at the millage rate recommended by the board of education, and shall appropriate and deliver monthly to the board of education, as collected, such taxes free from any charge except the direct cost of collecting the same. Tax for board of education. Section 4. The board of education shall appropriate and pay to the City of Atlanta a sufficient amount to pay the principal and interest, before the maturity date thereof, on all school bonds, now outstanding or hereafter issued. School bonds. Section 5. The City of Atlanta shall have full power and authority, and it shall be its duty, to negotiate loans, when requested to do so by the board of education, to supply deficiencies in current operating expenses of the board, during any year, in such amounts as may be determined by the board, not to exceed 75% of the anticipated tax revenue for the year, levied for school purposes. The city may advance to the board of education from available funds such amounts as may be required in lieu of borrowing the money. A sum sufficient to repay the loans and advances, together with the interest thereon, shall be deducted by the city from ad valorem taxes levied and collected for the board of education during the year in which the loan shall have been negotiated. Loans. Section 6. The following provisions of the charter of the City of Atlanta, as amended by Section 10 of the Act approved February 21, 1951 (Ga. Laws 1951, pp. 3117, 3122), to wit: free from any charge in reference to city bonds for school purposes or the interest on the same or in the sinking fund on the same, Also, not less than thirty percent of the total income of the City of Atlanta from all sources except ad valorem taxes and funds specifically allocated by the provisions of the charter and related laws or the Constitution and laws of Georgia to other purposes., are hereby stricken, so that said section, as amended, shall read as follows:

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The mayor and board of aldermen shall appropriate and deliver to the board of education, to be used by said board of education in maintaining and expanding the public school system of Atlanta, the following sums or funds each and every year: (a) The State appropriation or fund received by the City of Atlanta out of the State treasury of the State of Georgia for educational purposes. (b) Also, the yearly nonresident tuition fund received by the said City of Atlanta. (c) The ad valorem taxes collected by the city for the support and maintenance of education as herein provided. Board of education fund. Section 7. That all laws or parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Hamilton Lokey, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1955 session of the General Assembly, which convens on Monday, January 10, 1955, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874,

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and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican. Representative, M. M. (Muggsy) Smith. Representative, Hoke Smith. Representative, Hamilton Lokey. Dec. 16 23 30 Jan 6 tfn. This 29 day of January, 1955. /s/ Hamilton Lokey. Sworn to and subscribed before me, this 29 day of January, 1955. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 7, 1955. BIBB COUNTYLEGISLATIVE POWERS. No. 321 (House Bill No. 508). An Act to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern; 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 the City of Macon, according to the needs of such areas and the welfare of its inhabitants; to provide that the legislative powers hereby delegated shall be restricted to traffic problems and to the exercise of

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police powers affecting the security of Bibb County and of its inhabitants; to provide for trial and punishment of violators of the exercised powers in the City Court of Macon; 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. The County Board of Commissioners for the County of Bibb are hereby delegated and authorized to exercise legislative powers over matters primarily of local concern, provided that the powers hereby delegated and to be exercised shall be restricted to traffic problems and to police powers affecting the security of Bibb County and of its inhabitants, and limited to the reasonable regulation, control and protection of pedestrian and vehicular traffic and of matters affecting health, sanitation, drainage, safety, morality and the protection of person and property. Traffic problem. Section 2. The County Board of Commissioners for the County of Bibb are authorized, in the exercise of the delegated powers, to reasonably vary the application of such powers in and for different areas of Bibb County lying outside the corporate limits of the City of Macon according to the need of any such areas and the welfare of its inhabitants. Section 3. Be it further enacted that, in the exercise of any and all of the legislative powers herein delegated, the County Board of Commissioners for the County of Bibb may provide that violators shall be tried in the City Court of Macon and, upon conviction, may 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 hundred ($300.00) dollars, either or both, each day's violation constituting a separate offense. Violations. Section 4. This Act is pursuant to and in conformity with an amendment to the Constitution of the State of Georgia and as proposed by a resolution of the General

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Assembly of Georgia (Ga. Laws 1953 (November-December Session) pages 526-531), is to be construed in connection therewith, but is not to be construed as exhaustive or restrictive of legislative powers therein authorized or heretofore, contemporaneously herewith, or hereafter conferred, pursuant to said amendment or other constitutional or statutory authority. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates. December 31, 1954, January 7, 1955, January 14, 1955. Signed Florence J. Scott. Sworn to and subscribed to before me this 14th day of January, 1955. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. (Seal) To Whom It May Concern: You are hereby notified that the undersigned, acting by and through its county board of commissioners, intends to apply to the General Assembly of Georgia and at the January, 1955 session of the same for passage and approval of an Act to delegate to the County Board of Commissioners for the County of Bibb, legislative powers over matters primarily of local concern, relating to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants; to permit the commissioners to reasonably vary the application of such delegated powers in and for different areas

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of Bibb County outside the corporate limits of Macon; and for other purposes related to and consistent with such delegated powers. This legislation is authorized by an amendment to the Constitution of the State proposed (Ga. Laws 1953, Nov.-Dec. Sess., pp. 526-531) and was adopted by favorable vote at the November, 1954, general election. Bibb County, Georgia. By Ellsworth Hall, Jr., Attorney. State of Georgia, County of Fulton. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that the foregoing notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit: on the 31st day of December, 1954, the 7th and 14th days of January 1955, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me this 8th day of January, 1955. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 7, 1955.

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RINCON LIMITS EXTENDED. No. 323 (House Bill No. 289). An Act to amend an Act incorporating the Town of Rincon in Effingham County, approved August 3, 1927 (Ga. Laws 1927, p. 1497), so as to increase the corporate limits thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Rincon in Effingham County, approved August 3, 1927 (Ga. Laws 1927, p. 1497), is hereby amended by striking the words three-fourths from Section 2 and inserting in lieu thereof the words one and one-fourth, so that when so amended Section 2 shall read as follows: Section 2. Be it further enacted that the corporate limits of said Town of Rincon shall extend one and one-fourth of a mile in every direction from the center of the depot or station-house of the Seaboard Air Line Railway in said Town of Rincon. Limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation, City of Rincon, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1955, for the passage of a bill entitled as follows: An Act to amend the charter of the City of Rincon, Incorporated under an Act of the General Assembly of Georgia, approved August 3, 1927, (Ga. Laws 1927, p. 1497); by extending the present corporate limits of said city so as to embrace all of that area beyond the present corporate limits by extending the corporate limits so as to include all of the area between the present corporate limits and a line around said city at all points

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one and one-fourth (1) miles from the present established center of said city that being the center of the old depot or station-house of the Seaboard Airline Railway in said town of Rincon. This the 6th day of January, 1955. W. F. McKenzie, Mayor. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. N. Ramsey, Sr., who, on oath, deposes and says that he is Representative from Effingham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Springfield Herald, which is the official organ of Effingham County, on the following dates: Jany 6-13-20-1955. /s/ H. N. Ramsey, Sr., Representative, Effingham Co. Sworn to and subscribed before me this 26 day of January, 1955. /s/ Frances Y. Read Notary Public Fulton Co. Approved March 7, 1955. PERRYSALARIES OF MAYOR AND COUNCILMEN. No. 325 (House Bill No. 356). An Act to amend An Act to create a new charter for the City of Perry in the County of Houston, and to re-incorporate said city, under the name of City of Perry; and to define its territorial limits, to re-enact,

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with certain changes, continue in operation, confirm and consolidate all Acts, particularly the Act approved December 12th, 1859, heretofore passed incorporating said town or city amending the charter thereof, and for other purposes, approved March 29th, 1937, by providing for increasing the maximum compensation of each of the Councilmen of the City of Perry from fifty ($50.00) dollars a year to two hundred ($200.00) dollars per year; and to further amend said charter of the City of Perry by increasing the maximum salary which may be paid to the Mayor of the City of Perry from six hundred ($600.00) dollars per year to eighteen hundred ($1800.00) dollars per year; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that An Act to create a new charter for the City of Perry in the County of Houston, and to re-incorporate said city, under the name of City of Perry; and to define its territorial limits, to re-enact with certain changes, continue in operation, confirm and consolidate all Acts, particularly the Act approved December 12th, 1859, heretofore passed incorporating said town or city amending the charter thereof, and for other purposes, approved March 29, 1937, be and the same is hereby amended as follows: By striking from the last sentence of the first paragraph of Section 34 of said Act the words and figures not more than fifty ($50.00) per year and substituting therefor the words and figures not more than two hundred ($200.00) dollars per year; and by striking from the last sentence of the second paragraph of said Section 34 of said Act the words and figures not to exceed six hundred ($600.00) dollars per year and substituting therefor the words and figures not to exceed eighteen tion 34 of said Act, as amended, will read as follows: hundred ($1800.00) dollars per year; so that said Sec- Section 34. Salaries of the Mayor and Council. The compensation of each of the Councilmen of the City of

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Perry shall be twenty-five ($25.00) dollars per year, payable by order of the clerk, countersigned by the mayor; Provided, said compensation may be increased to not more than two hundred ($200.00) dollars per year by unanimous consent of the councilmen and with the approval of the mayor. The mayor shall receive a salary of three hundred ($300.00) dollars per year, payable monthly, and shall be paid by order of the clerk, countersigned by the mayor; Provided, the salary of the mayor may be increased to an amount not to exceed eighteen hundred ($1800.00) dollars per year, payable monthly upon approval of at least four councilmen. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith, be, and they are hereby repealed. Notice of Local Legislation. Notice is hereby given to all concerned that the 1955 session of the General Assembly of Georgia a bill will be introduced to provide for amending the charter of the City of Perry by raising the maximum compensation of each of the Councilmen of the City of Perry from fifty ($50.) dollars per year to the maximum of two hundred ($200.) dollars per year; and to further amend the charter of the City of Perry by raising the maximum salary that may be paid the Mayor of the City of Perry from six hundred ($600.) dollars per year to eighteen hundred ($1800.) dollars per year. This 7th day of January, 1955. J. W. Bloodworth, Representative for Houston County. 3t 1-13c Georgia, Houston County: It is hereby certified that the attached Notice of Local

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Legislation was published in the Houston Home Journal, the official organ of Houston County, Georgia, on the following dates: Jan. 13, 20 and 27, 1955, according to law. It is also certified that C. Cooper Etheridge, the undersigned, is editor of the Houston Home Journal, and is authorized and qualified to make this affidavit of publication. /s/ C. Cooper Etheridge, Editor, Houston Home Journal, Perry, Georgia. Sworn to and subscribed before me this 29th day of January, 1955. /s/ Louise S. Wilder Dep. Clerk S. C. Ho. Co. Ga. (Seal Affixed) Approved March 7, 1955. BARTOW COUNTYORDINARY'S COMPENSATION. No. 327 (House Bill No. 190). An Act to repeal an Act entitled An Act to change the ordinary from the fee to the salary system in certain counties of Georgia; to make provisions regulating the carrying out of said changes; to regulate the disposition of costs, fees, and other compensations as have heretofore been allowed to the ordinary; to fix the salary and compensation of the ordinary; to provide for the payment of such salary and compensation; to provide that this Act shall apply to all counties in the State of Georgia having by the United States census of 1940 a population of not less than 25,280 inhabitants nor more than 25,300 inhabitants; and for other purposes., approved February 8, 1950 (Ga. Laws 1950, p. 2151), and to provide that the Ordinary of Bartow

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County shall receive as compensation for the performance of his duties a salary of two hundred dollars ($200) per month, in addition to the fees as provided by law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to change the ordinary from the fee to the salary system in certain counties of Georgia; to make provisions regulating the carrying out of said changes; to regulate the disposition of costs, fees, and other compensations as have heretofore been allowed to the ordinary; to fix the salary and compensation of the ordinary; to provide for the payment of such salary and compensation; to provide that this Act shall apply to all counties in the State of Georgia having by the United States census of 1940 a population of not less than 25,280 inhabitants, nor more than 25,300 inhabitants; and for other purposes., approved February 8, 1950 (Ga. Laws 1950, p. 2151) is hereby repealed in its entirety. Act of 1950 repealed. Section 2. That on or after March 1, 1955, the Ordinary of Bartow County shall receive as compensation for the performance of his duties such fees as are provided by law and shall, in addition thereto, receive a salary of two hundred dollars ($200) per month, and it shall be the duty of the county commissioners in said county to fix the salary of the ordinary at said sum and the salary shall be paid to the ordinary from the county funds coming into the hands of the governing authorities of said county, and it shall be the further duty of the county commissioners to provide for the payment of such salary, and take the same into consideration when fixing the tax levy for any such county, and a tax levy shall be made to include the payment of the salary of the ordinary. The salary provided by this Act to the ordinary shall be paid to him by the county governing authorities from the county funds on or before the 10th day of each month after the effective date of this Act. Compensation.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Local Legislation. Georgia, Bartow County: Notice is hereby given that a bill will be introduced at the next session of the General Assembly of Georgia, changing the compensation now paid to the Ordinary of Bartow County; fixing the compensation to be paid the Ordinary of Bartow County; and for other purposes. This 1st day of December, 1954. 1421-12-2-6T Georgia, Bartow County: Personally appeared before the undersigned officer who is duly authorized to administer oaths in this State, Milton L. Fleetwood, who after being duly sworn, deposes and says on oath that he is publisher of the Weekly Tribune News, the newspaper in which the Sheriff's advertisements for Bartow County are published for the period in question, and that the above and foregoing notice was duly published in said paper under dates of December 2, 1954, December 9, 1954, December 16, 1954, December 23, 1954, December 30, 1954, and January 6, 1955. /s/ Milton L. Fleetwood, Affiant. Sworn to and subscribed before me this 8th day of January, 1955. /s/ Paul B. Weems, N. P., Georgia, State at large. Approved March 7, 1955.

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CITY COURT OF LAGRANGESOLICITOR'S SALARY. No. 328 (House Bill No. 294). An Act to amend an Act amending an Act entitled An Act to establish the City Court of LaGrange in Troup County; to define its jurisdictional powers; to provide for the appointment of a judge and other officers thereof and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from the said city court to the Supreme Court by bill of exceptions or writ of error, approved December 9, 1889, and all amendatory Acts thereof; the Act here amended having been approved February 25, 1949 (Ga. Laws 1949, p. 1497) by amending Section one (1) of said last named Act so as to change and raise the salary of the Solicitor of the City Court of LaGrange, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section one (1) of the Act approved February 25, 1949 (Ga. Laws 1949, p. 1497), fixing the salaries of the Judge and Solicitor of the City Court of LaGrange is hereby amended by striking the figures and words $3000.00 per annum in the fifth line of said Section one (1) of said amending Act as amended, and substituting in lieu thereof the figures $4800.00 per annum beginning January 1, 1955,, so that said section as amended shall read as follows: Salary. Section 3. The salary of the Solicitor of the City Court of LaGrange shall be $4800.00 per annum beginning January 1, 1955, which said salary shall be paid monthly by the Treasurer of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Commissioners of Troup County to make provisions annually in levying taxes for this purpose.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and says that he is the editor and business manager of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Legal Advertisement. Legal No. 6083 Jan. 3, 10, 17 Notice of Local Legislation. Notice is hereby given that pursuant to Paragraph 15 of Article 3 of the Constitution of Georgia (Code Section 2-1915) that there will be introduced in the General Assembly of Georgia during the regular 1955 session which convenes on January 10, 1955, the title of which is as follows: An act to amend an Act entitled, An Act to establish the City Court of LaGrange in Troup County; to define its jurisdictional powers; to provide for the appointment of a judge and other officers thereof and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from the said city court to the Supreme by bill of exceptions or writ of error, approved December 19, 1899, and all Amendatory Acts thereof; the Act here amended having been approved February 25, 1949; by amending Section 1 of said last named Act so as to change and raise the salary of the Solicitor of the City Court of LaGrange, and for other purposes.

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This 1st day of January, 1955. Frank C. Birdsong, C. O. Lam, Representatives of Troup County, Georgia. has been published in said LaGrange Daily News, to wit: Jan. 3, 1955, Jan. 10, 1955, and Jan. 17, 1955, being 3 (three) publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker Wm. A. Coker, Editor Business Manager. Sworn to and subscribed before me this 19 day of January, 1955. /s/ Eleanor H. Orr Notary Public, Troup County. Seal Affixed. Approved March 7, 1955. LAWRENCEVILLESALARIES OF MAYOR AND COUNCILMEN. No. 329 (House Bill No. 347). An Act to amend the Act of the General Assembly of Georgia, approved August 19, 1912 (Ga. Laws, 1912, p. 1043, et seq.) creating a new charter for the City of Lawrenceville, Georgia, by changing the salaries to be paid to the mayor and councilmen of said city, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, Section 4 of the Act of the General Assembly of

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Georgia, approved August 19, 1912, creating a new charter for the City of Lawrenceville, Georgia, be and the same is hereby amended by striking from the eighteenth line of said section, the figures $50.00 and substituting therefor the figures $400.00. Section 2. Be it further enacted by the authority aforesaid, that from and after passage of this Act, Section 17 of the Act of the General Assembly of Georgia, approved August 19, 1912, creating a new charter for the City of Lawrenceville, Georgia, be and the same is hereby amended by striking the figures $200.00 in the second line of said section and substituting therefor the figures $600.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice, as required by law, are attached hereto and made a part of this bill, and it is hereby declared that all requirements of the Constitution of the State of Georgia of 1945, relating to publication of notices of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. State of Georgia, County of Gwinnett. Before me the undersigned officer, duly authorized to administer oaths personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is publisher of the News-Herald, a newspaper published in said county, and in which the advertisements of the sheriff of said county are published and that the attached notice of proposed legislation has been published in the News-Herald on the following dates: January 6, 1955; January 13, 1955 and January 20, 1955. /s/ Marvin A. Allison.

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Sworn to and subscribed before me this, the 25 day of January, 1955. /s/ R. Duncan Notary Public, Gwinnett County, Georgia. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia during the January session, 1955 a bill to amend the Act approved August 19, 1912 (Ga. Laws 1912, p. 1043, et seq.) creating a new charter for the City of Lawrenceville, Georgia, by amending the salaries paid to the Mayor and Councilmen. This January 4, 1955. R. F. Duncan, City Attorney. 11-3t-c Approved March 7, 1955. CRAWFORD COUNTY TREASURER'S COMPENSATIN. No. 330 (House Bill No. 127). An Act to prescribe and limit the compensation of the Treasurer of Crawford County for receiving and disbursing the county money, and to fix the salary for his services, and for other purposes, approved July 29, 1919 (Ga. Laws 1919, p. 636), as amended by an Act approved February 8, 1950 (Ga. Laws 1950, p. 2274) so as to increase the salary from $600.00 to $900.00 annually, payable in monthly installments of $75.00 each; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to prescribe and

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limit the compensation of the Treasurer of Crawford County for receiving and disbursing the county money, and to fix the salary for his services, and for other purposes., approved July 29, 1919 (Ga. Laws 1919, p. 636), as amended by an Act approved February 8, 1950 (Ga. Laws 1950, p. 2274) is hereby amended by striking Section 1 in its entirety and in lieu thereof inserting the following: Section 1. From and after the approval of this Act, the Treasurer of Crawford County shall receive as his compensation for receiving and disbursing the county money and for discharging all the duties of treasurer as prescribed by law, the sum of $900.00 annually, payable in monthly installments of $75.00, which shall be paid by warrant drawn by the board of county commissioners of roads and revenue on the treasury of said county. Salary. 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 a bill to increase the salary of the Treasurer of Crawford County, Georgia from $50.00 per month to $75.00 per month, will be introduced at the 1955 session of the General Assembly of Georgia, convening on the second Monday in January, 1955 (Jan. 10, 1955). This 15th day of Jan. 1955. R. Clifton Murphey, Representative of Crawford County, Georgia, in the General Assembly of Georgia. 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,

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legal organ for the County of Crawford for the year 1954 and for the year 1955; and that the foregoing Notice of Intention to Apply for Local Legislation was published in said paper on December 30, 1954, on January 6, 1955, and on January 13, 1955. Signed /s/ Annie Moncrief. Annie Moncrief. Sworn to and subscribed before me this January 15, 1955. /s/ Mary P. Murphey Mary P. Murphey, N. P. Crawford County, Georgia. (Seal Affixed). Approved March 7, 1955. RIVERDALE CHARTER AMENDED. No. 331 (House Bill No. 228). An Act to amend an Act entitled, An Act to create and incorporate the City of Riverdale, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, sidewalks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the

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conduct of business; to repeal any parts of laws (Ga. Laws 1908, pp. 897-900; Ga. Laws 1910, pp. 1061-1062; Ga. Laws 1941, pp. 1683-1685; Ga. Laws 1949, p. 63) conflicting herewith; and for other purposes., approved February 1, 1951 (Ga. Laws 1951, pp. 2112-2119), and all Acts amendatory thereto so as to provide that the Mayor and Council of the said City of Riverdale shall be authorized to open, widen, straighten or otherwise improve the streets, alleys, sidewalks or other passage ways; to provide that the mayor and council of said city be authorized to pass planning and zoning regulations and ordinances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 11 of an Act entitled An Act to create and incorporate the City of Riverdale, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, sidewalks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to repeal any parts of laws (Ga. Laws 1908, pp. 897-900; Ga. Laws 1910, pp. 1061-1062; Ga. Laws 1941, pp. 1683-1685; Ga. Laws 1949, p. 63) conflicting herewith; and for other purposes., approved February 1, 1951 (Ga. Laws 1951, pp. 2112-2119), and Acts amendatory thereto be and the same are hereby amended by adding a subsection thereto to be known as 11 (a), and to read as follows:

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11 (a). Be it enacted that the mayor and city council shall have the power and authority to open, lay out, widen, straighten, or otherwise improve the streets, alleys, sidewalks, crossings or other passage ways of said city and shall have the power to vacate, open, grade, fill, curb, pave, drain, and repair the same, and the authority to condemn property for such purposes, in accordance with the provisions of Title 36 of the 1933 Georgia Code. No authority is hereby granted to close up streets. Streets, sidewalks, etc. Section 2. That said Act be and the same is hereby amended by adding a section thereto to be known as Section 16, and to read as follows: Section 16. Be it further enacted that the Mayor and Council of the City of Riverdale may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt zoning and planning regulations and ordinances for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the location, height, kind and dimensions of buildings or other structures, including the type of material to be used in construction and regulations regarding the plumbing, heating, and electrical installations; 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 council 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,

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order, morals, conveniences, happiness, prosperity or welfare, and to enact and enforce any ordinances necessary to effectually carry out this section. Zoning and planning. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the General Assembly convening in January, 1955, for introduction and passage of the following local Act: An Act to amend an Act entitled, An Act to create and incorporate the City of Riverdale, in the County of Clayton, Georgia, etc., approved Feb. 1, 1951, (Ga. Laws 1951, pp. 2112-2119), and all Acts amendatory thereto so as to provide that the Mayor and Council of the said City of Riverdale shall be authorized to open, close, widen, straighten and otherwise change the streets, alleys, sidewalks or other passage ways; to provide that the mayor and council of said city be authorized to pass planning and zoning regulations and ordinances; to repeal conflicting laws; and for other purposes. This the 18th day of December, 1954. Mayor and Council City of Riverdale, By: H. G. Voyles, Mayor. County of Clayton, State of Georgia. This is to certify that the above notice to apply for Local Legislation was published in the Clayton County News and Farmer, legal organ or Clayton County, on Dec. 23, 30, 1954, Jan. 6, 1955. /s/ W. Lloyd Matthews, Editor and Publisher, Clayton Co. News Farmer.

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Sworn to and subscribed before me this January 17, 1955. /s/ Mary L. Matthews Notary Public. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal Affixed). Approved March 7, 1955. TALLAPOOSA JUDICIAL CIRCUITASSISTANT SOLICITOR-GENERAL. No. 332 (House Bill No. 428). An Act to create the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, to provide for the appointment of said officer; to provide for the qualifications of said officer; to provide for the qualifications of said officer; to provide for the removal of said officer, and to provide for his compensation; to provide for the authority of said officer, and the extent of his jurisdiction, and to provide for his term of office, and for the oath of office to be taken by him; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That from and after the passage of this Act, there shall be in existence an office, which is hereby created, which shall be known as Assistant Solicitor-General of the Tallapoosa Judicial Circuit. Section 2. That the said Assistant Solicitor-General of the Tallapoosa Judicial Circuit shall be appointed by the Solicitor-General of the Tallapoosa Judicial Circuit, who shall be holding office at the time of the appointment. This appointment, however, shall not be effective

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until the same has been approved by the Judge of the Superior Court of the Tallapoosa Judicial Circuit. Appointment. Section 3. The qualification of the said assistant solicitor-general shall be the same as those prescribed for the solicitor-general of the said circuit; and he shall be required to take the same oath required of the solicitor-general of said circuit. Qualifications. Section 4. The said Assistant Solicitor-General of the Tallapoosa Judicial Circuit shall have the same authority as the solicitor-general of the said circuit to appear in court and to prosecute cases for the State of Georgia in said circuit; he shall have the same authority as the said solicitor-general to dismiss warrants, or to issue warrants, or to direct the issuance of warrants, and he shall have the same authority to appear before the grand juries, in the various counties of said circuit for the purpose of conducting investigations before the said grand juries, either as to county matters, or as to criminal matters, and to advise the said grand juries, or any of the committees thereof, or any of the members thereof, as to the law, affecting their duties as grand jurors; and, he shall have the same authority as the solicitor-general of the said circuit, to examine witnesses and conduct investigations, before the grand juries in the various counties of said circuit, whether the question involved is one of commitment, or prosecution, or indictment, as the solicitor-general himself might have under the general law. Powers and duties. Section 5. That the compensation paid to said assistant solicitor-general shall be paid by the solicitor-general of said circuit and in no event shall the counties comprising the Tallapoosa Judicial Circuit be required to pay any part of the salary or compensation of such assistant solicitor-general of said circuit. Compensation. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, that said assistant solicitor-general may be removed from office at any time by the solicitor-general of said circuit,

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by and with the consent of the judge of the superior court of said circuit, with or without cause, as the solicitor-general and the said judge may determine. Removal. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, that, in the absence of removal of said assistant solicitor-general, he shall have a term of office concurrent with the term of office with the person appointing him, as solicitor-general, or his successor in office. Term. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, that all laws and parts of laws in conflict with this Act, be, and the same hereby are, repealed. Certificate of Publication. Notice of Intention to Introduce Local Legisalation. Notice is hereby given that at the 1955 session of the General Assembly of Georgia there will be introduced legislation to create the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, to provide for the appointment of said officer; to provide for the qualifications of said officer; to provide for the removal of said officer; to provide for the compensation of said officer; to provide for the authority of said officer, and the extent of his jurisdiction, and to provide for his term of office, and for the oath of office to be taken by him; and for other purposes. M. M. Cornelius, Representative of Polk County, Ga. Paul McKelvey, Representative of Polk County, Ga. Georgia, Polk County: Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, Joseph C. Haire, who after being duly sworn, deposes and says on oath that he is the publisher of The Cedartown Standard, a newspaper published in the City of Cedartown,

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Georgia in which the sheriff's advertisements for the County of Polk, Georgia are published. Deponent further says on oath that the attached and foregoing notice was duly published in said newspaper once a week for three weeks, to wit: On December 31, 1954, January 7, 1955, and January 14, 1955. /s/ Joseph C. Haire. Sworn to and subscribed before me, this 2nd day of February, 1955. /s/ Mrs. Herbert DeArman Notary Public, Polk County, Ga. My commission expires Feb. 8, 1957. (Notarial Seal Affixed). Certificate of Publication. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1955 session of the General Assembly of Georgia there will be introduced legislation to create the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, to provide for the appointment of said officer; to provide for the qualifications of said officer; to provide for the removal of said officer; to provide for the compensation of said officer; to provide for the authority of said officer, and the extent of his jurisdiction, and to provide for his term of office, and for the oath of office to be taken by him; and for other purposes. A. A. Fowler, Jr., Representative, Douglas County, Georgia. Dates of Publication: December 31, 1954, January 7, 1955, January 14, 1955. Georgia, Douglas County: Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, P. D. Mathews, who, after being duly sworn deposes and says

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on oath that he is the publisher and owner of The Douglas County Sentinel, a newspaper published in the City of Douglasville, Georgia in which the sheriff's advertisements for the County of Douglas, Georgia are published. Deponent further says on oath that the attached and foregoing notice was duly published in said newspaper once a week for three weeks, to wit: On December 31, 1954, January 7, 1955, and January 14, 1955. /s/ P. D. Mathews. Sworn to and subscribed before me, this 31 day of January, 1955. /s/ Pat Terry Notary Public, Douglas County, Georgia. Certificate of Publication. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1955 session of the General Assembly of Georgia there will be introduced legislation to create the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, to provide for the appointment of said officer; to provide for the qualifications of said officer; to provide for the removal of said officer; to provide for the compensation of said officer; to provide for the authority of said officer, and the extent of his jurisdiction, and to provide for his term of office, and for the oath of office to be taken by him; and for other purposes. B. M. Jones, Senator, 38th Dist. Dates of Publication: December 30, 1954, January 6, 1955, January 13, 1955. Georgia, Haralson County: Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, G. F. Dodson, who after being duly sworn, deposes and says on oath that he is the publisher of The Haralson County Tribune, a newspaper published in the city of Buchanan,

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Georgia in which the sheriff's advertisements for the County of Haralson, Georgia are published. Deponent further says on oath that the attached and foregoing notice was duly published in said newspaper once a week for three weeks, to wit: On December 30, 1954, January 6, 1955, and January 13, 1955. /s/ Gaines F. Dodson. Sworn to and subscribed before me, this 31 day of January, 1955. /s/ C. P. Edwards Dpt C. S. C. (Notarial Seal Affixed). Georgia, Spalding County. Personally appeared before me, the undersigned officer, T. E. Parker, publisher and editor of the Dallas New Era, who says under oath that the copy of notice hereto attached appeared in the issues of the Dallas New Era newspaper on the dates of January 6, 1955, January 13, 1955 and January 20, 1955, the said newspaper being published in the City of Dallas, Georgia, said County and said newspaper being the official gazette of said county. /s/ T. E. Parker, Publisher and Editor. Sworn to and subscribed before me, this 25th day of January, 1955. /s/ George T. Bagby Notary Public. Notary Public, Georgia, State at Large. My commission expires March 28, 1959. (Notarial Seal Affixed). Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1955 session of the General Assembly of Georgia there will be introduced legislation to create the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, to provide for the appointment of said officer; to provide for the qualifications

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of said officer; to provide for the removal of said officer; to provide for the compensation of said officer; to provide for the authority of said officer, and the extent of his jurisdiction, and to provide for his term of office, and for the oath of office to be taken by him; and for other purposes. (3t6) George T. Bagby, Representative, Paulding County. B. M. Jones, Senator, 38th District. Approved March 7, 1955. LAWRENCEVILLE LIMITS EXTENDED. No. 334 (House Bill No. 345). An Act to amend the Act of the General Assembly of Georgia, approved August 19, 1912, (Ga. Laws 1912, p. 1043 et seq.) as heretofore amended, creating a new charter for the City of Lawrenceville, Georgia, by redefining the corporate limits of said city; to provide for a referendum thereon, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act that Section 3 of the Act of the General Assembly of Georgia, approved August 19, 1912, creating a new charter for the City of Lawrenceville, Georgia, as the same has heretofore been amended by an Act approved August 18, 1919, be and the same is hereby amended by striking from the second line of said section the word mile and substituting therefor the words a mile and one-half so that when so amended said section shall read as follows: Sec. 3. Be it further enacted that the corporate

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limits of said City of Lawrenceville shall extend a mile and one-half in an air line in every direction from the center of the courthouse, as now situated in the public square in said city. Limits. Section 2. Be it further enacted by the authority aforesaid, that an election shall be held on the nineteenth day of March, 1955, at the Gwinnett County courthouse in the City of Lawrenceville, for the purpose of determining whether or not this Act shall become effective. At least ten days before said election, the Mayor and Council of the City of Lawrenceville shall cause a list to be made of registered voters living in the territory to be affected by this Act. Only those persons who, on the date of approval of this Act, resided in the territory to be annexed to the City of Lawrenceville by this Act, and who were registered voters qualified to vote in the last general election held in said county on November 2, 1954, shall be eligible to vote in said election. Those voting in favor of said annexation shall have written or printed on their ballots the words For annexation to the City of Lawrenceville, and those against said annexation shall have written or printed on their ballots the words Against annexation to the City of Lawrenceville. Except as herein provided to the contrary, all laws, ordinances, rules and regulations governing the management, conducting and returning the results of an election in the City of Lawrenceville for the election of officials of said town shall apply to said election. If a majority of those persons voting in said election shall vote against annexation to the City of Lawrenceville, then this Act shall not become effective. If a majority of those persons voting in said election do not vote against said annexation then this Act shall become of full force and effect on the 1st day of April, 1955. Referendum. Section 3. All laws and parts of laws in conflict with this Act are thereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by

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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 notices of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. State of Georgia, County of Gwinnett. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is the publisher of the News-Herald, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald on the following dates: December 23, 1954; December 30, 1954 and January 6, 1955. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 25th day of January, 1955. /s/ R. F. Duncan Notary Public for Gwinnett County, Ga. /s/ R. F. Duncan. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia during the January session, 1955 a bill to amend the Act approved August 19, 1912 (Ga. Laws, 1912, p. 1043 et seq.) creating a new charter for the City of Lawrenceville, Georgia, by redefining and altering the city limits of said town, to provide for a referendum thereon, and for other purposes.

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This December 21, 1954. P. V. Kelley, Member of the General Assembly. 9-3t-c Approved March 7, 1955. WILCOX COUNTY COMMISSIONERS' COMPENSATION. No. 335 (House Bill No. 288). An Act to amend the Act of 1949 (Acts 1949, pp. 1838, Section 7) to provide for the change in the salary of the Commissioners of Roads and Revenues of Wilcox County, Georgia and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act approved February 25, 1949 (Ga. Laws 1949, p. 1838) which was an Act to amend an Act approved March 24, 1939 (Ga. Laws 1939, p. 782) which Act created a Board of Commissioners of Roads and Revenues for Wilcox County is hereby amended by striking therefrom in its entirety Section 7 and inserting in lieu thereof a new Section 7 which shall read as follows: Section 7. Be it further enacted by the authority aforesaid that all members of the board of commissioners of roads and revenues shall each receive for his or her compensation the sum of $35.00 per month. Said members shall receive no other compensation whatsoever. Said salary shall be paid from the county treasury monthly and warrants drawn on the treasury or depository as in the case of other claims against said county. Three of said commissioners shall constitute a quorum and

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must concur to pass any order for any contract, or pledge the county's credit, grant or allow any claim or charge against said county. Compensation. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia, County of Wilcox. I, F. A. Jones, Sr., hereby certify that I am the editor of The Wilcox County Chronicle, a newspaper published in the County of Wilcox 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 December 23, 1954, December 30, 1954 and January 6, 1955 a copy of the following intention to apply for local legislation, to wit: Notice of Legislation. Georgia, Wilcox County. To Whom It May Concern: Notice is hereby given of my intention to introduce a bill during the 1955 session of the General Assembly of Georgia; said bill to be known as an Act to amend the Act of 1949 (Acts 1949, p. 1838, Section 7) to provide for the change in the salary of the Commissioners of Roads and Revenues of Wilcox County, Georgia, and for other purposes. D. E. Turk, Representative Wilcox County, Georgia. Witness my hand and seal this 22nd day of January, 1955. /s/ F. A. Jones, Sr. F. A. Jones, Sr., Editor, The Wilcox County Chronicle.

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Sworn to and subscribed before me this 22nd day of January, 1955. /s/ David E. Morgan, Jr. Notary Public, State of Georgia. My commission expires Sept. 13, 1958. (Seal) Approved March 7, 1955. ATLANTA JUDICAL CIRCUITASSISTANT SOLICITORSGENERAL. No. 336 (House Bill No. 368). An Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit approved August 11, 1924 (Ga. Laws 1924, p. 255), as amended by the Act approved August 6, 1925 (Ga. Laws 1925, p. 509), as further amended by the Act approved March 28, 1935 (Ga. Laws 1935, p. 853), as further amended by the Act approved January 24, 1951 (Ga. Laws 1951, p. 3), and the Acts amendatory thereof, by creating the positions of trial assistant solicitors-general, by fixing their duties and compensation, by fixing the compensation of the first assistant solicitor-general, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 11, 1924 (Ga. Laws 1924, p. 255) abolishing the fee system then existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of solicitor-general, as amended by the Act approved August 26, 1925 (Ga. Laws 1925, p. 509), and as further amended by the Act approved March 28, 1935 (Ga. Laws 1935, p. 853), and as further amended by the Act approved January 24, 1951 (Ga. Laws 1951, p. 3), and the Acts amendatory thereof, be

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and the same is hereby further amended by striking the word five where it appears between the words and and trial in line three of paragraph one of Section 5 as amended, and inserting in lieu thereof the word six; and by striking the figures $7,500 where they appear in line two of paragraph two of said Section 5 as amended and inserting in lieu thereof the figures $8000; and by striking the figures $7,000 where they appear in line four of paragraph two of said Section 5 as amended and inserting in lieu thereof the figures $7,500; so that said Section 5 as amended shall read as follows: The solicitor-general of the said judicial circuit shall have the power and he is hereby empowered to appoint one first assistant solicitor-general and six trial assistant solicitors-general, and shall require from each of them bond in the sum of five thousand dollars of the same nature and character as the bond of the solicitor-general, the premiums on said bonds to be paid by the county in the same manner as the premium on the bond of the solicitor-general. The powers and duties of the first assistant solicitor-general, when acting for the solicitor-general, shall be the same as those of the solicitor-general. The powers and duties of the trial assistant solicitors-general shall be to try, and assist in the trial of, cases in the several courts, including the appellate courts of this State and such other duties as may be assigned by the solicitor-general of the Atlanta Judicial Circuit. They shall not serve beyond the term of their principal and shall be subject to removal at any time by the said principal. First assistant and trial assistant solicitors-general. The salary of the first assistant solicitor-general shall be $8000 per annum, and the salaries of the trial assistant solicitors-general shall be no less than $6,000 nor more than $7500 per annum, in the discretion of the solicitor-general of the Atlanta Judicial Circuit, the same to be paid in equal monthly installments out of the treasury of Fulton County as a part of the operating expenses of the court, the funds therefor to be provided in the same manner as the other operating expenses of said court. Compensation.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, 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. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 7, 14, 21, 28 days of Dec., 1954, and on the 4th days of January 1955 as provided by law. /s/ Bessie K. Crowell. Subscribed and sworn to before me this 5th day of January, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local

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legislation at the next regular session of the General Assembly of Georgia, convening on the second Monday in January, 1955, to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit approved August 11, 1924 (Ga. Laws 1924, p. 255), as amended by the Act approved August 6, 1925, (Ga. Laws 1925, p. 509), as amended by the Act approved March 28, 1935, (Ga. Laws 1935, p. 853), as further amended by the Act approved January 24, 1951, (Ga. Laws 1951, p. 3), and the Acts amendatory thereof, by creating the positions of trial assistant solicitors-general, by fixing their duties and compensation, by fixing the compensation of the first assistant solicitor-general, and for other purposes. Paul Webb, Solicitor-General Atlanta Judicial Circuit. Dec 7 14 21 tfn Approved March 7, 1955. WARRENTON LIMITS. No. 337 (Senate Bill No. 97). An Act to amend an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes; approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State highway from Highway Number Ten to Highway Number Twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway; and for other purposes.

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Section 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, that an Act entitled, An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes, approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State highway from Highway Number Ten to Highway Number Twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway; and for other purposes, be amended as follows: Section 2. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act the territorial limits of the City of Warrenton are extended to include a tract of land extending three hundred feet on each side of the center line of State Highway Number Twelve of the State of Georgia, beginning at the northwesterly city limits of the City of Warrenton on said highway and extending in a northerly direction a distance of seven hundred fifty feet, and also extending the territorial limits of the City of Warrenton so as to include a trace of land extending three hundred feet on each side of the center line of the Mayfield Public Road, on the western side of said city and beginning at the western limits of said city on said Mayfield Road and extending in a westerly direction the distance of five hundred thirty feet. Limits. 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 March 7, 1955.

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CARNESVILLE CHARTER AMENDED. No. 338 (House Bill No. 3). An Act to amend the charter of the City of Carnesville (Ga. Laws 1913, pp. 641-665) as amended by the various amendatory Acts thereof, so as to provide that the Mayor and Council of the City of Carnesville 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, open up, vacate, close, direct and control the streets, sidewalks, lanes, alleys, square and lands of the City of Carnesville, including the power and authority to lay out or open up any new street, sidewalk or alley in said city, and for any of the purposes hereinabove mentioned the mayor and council in behalf of said city shall have the power and authority of eminent domain and the power and authority to condemn property of any owner, trustee, executor, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-313, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof; to provide that the Mayor and Council of the City of Carnesville shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lands, alleys, sidewalks, or other public places in said city; 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 the Act entitled An Act to create a new charter for the City of Carnesville, in the County of Franklin, and to re-incorporate said city and declare and consolidate the rights and powers of said corporation approved August 20, 1913 (Ga. Laws 1913, pp. 641-665) and all Acts amendatory thereof be, and the same are hereby amended by adding a new section at the end thereof with subsections as shown below, to wit:

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(a) The Mayor and Council of the City of Carnesville 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, open up, vacate, close, direct and control the streets, sidewalks, lanes, alleys, square and lands of the City of Carnesville, including the power and authority to lay out or open up any new street, sidewalk or alley in said city, and for any of the purposes hereinabove mentioned the mayor and council in behalf of said city shall have the power and authority of eminent domain and the power and authority to condemn property of any owner, trustee, executor, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-313, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof; Streets, sidewalks, etc. (b) The Mayor and Council of the City of Carnesville shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lands, alleys, sidewalks, or other public places in said city. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Notice. Georgia, Franklin County. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1955 session of the General Assembly of Georgia, to wit: A bill to be entitled an Act to amend the charter of the City of Carnesville (Ga. Laws 1913, pp. 641-665) as amended by the various amendatory Acts thereof, so as to provide that the Mayor and Council of the City of Carnesville 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, open up, vacate, close, direct and control the streets,

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sidewalks, lanes, alleys, square and lands of the City of Carnesville, including the power and authority to lay out or open up any new street, sidewalk or alley in said city, and for any of the purposes hereinabove mentioned the mayor and council in behalf of said city shall have power and authority to condemn property of any owner, trustee, executor, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-313, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof; to provide that the Mayor and Council of the City of Carnesville shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the pubil streets, lands, alleys, sidewalks, or other public places in said city; to repeal all laws in conflict herewith; and for other purposes. (Signed) Ralph K. Fain, Representative (Elect) of Franklin County. Certificate of Publication. Georgia, Franklin County. Personally appeared before the undersigned, an officer authorized to administer oaths in and for said county and State, J. F. Little, who, first being duly sworn, on oath says that he is business manager and publisher of The Carnesville Herald, the newspaper published in the City of Carnesville, Franklin County, Georgia, in which the sheriff's advertisements for said County of Franklin are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit: on December 9, 1954, December 16, 1954 and December 23, 1954. /s/ J. F. Little. Sworn to and subscribed before me, this 4th day of January, 1955. /s/ M. L. Allison Notary Public, Franklin County, Georgia. (Seal) Approved March 7, 1955.

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CITY COURT OF EASTMANJUDGE'S SALARY. No. 340 (House Bill No. 387). An Act to amend an Act creating the City Court of Eastman, in Dodge County, Georgia, approved August 19, 1912 (Ga. Laws 1912, p. 199), as amended, particularly by an Act approved February 23, 1945 (Ga. Laws 1945, p. 716), so as to change the compensation of the judge of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Eastman, in Dodge County, Georgia, approved August 19, 1912 (Ga. Laws 1912, p. 199), as amended, particularly by an Act approved February 23, 1945 (Ga. Laws 1945, p. 716), is hereby amended by striking from Section 4 the words and figure three thousand ($3,000.00) dollars, and inserting in lieu thereof the words and figure four thousand two hundred ($4,200.00) dollars, and by striking the word monthly in the last sentence thereof and inserting in lieu thereof the words in 12 equal monthly installments of $350, so that when so amended Section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that there shall be a Judge of the said City Court of Eastman, who shall be elected by the qualified voters of the County of Dodge, such election to be for a term of four years beginning January 1, 1913, the first election to be held at the election in October 1912 and thereafter the election to be held at the end of each term of four years. Vacancies arising from death or otherwise to be filled by appointment of the Governor, the appointee to hold until his successor is elected and qualified at an election to be called by the Ordinary of Dodge County, at a date not later than ninety days nor

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earlier than thirty days after vacancy occurs. The Judge of said City Court of Eastman shall receive a salary of four thousand two hundred ($4,200.00) dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid in 12 equal monthly installments of $350 out of the treasury of the County of Dodge, and the county authorities shall levy a tax for the purpose of this Act. Judge. Salary. Section 2. This Act shall become effective as of January 1, 1955, and the commissioner of roads and revenues shall act accordingly. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Dodge County. Comes before the undersigned authority authorized to administer oaths, Edwin T. Methvin, who being duly sworn, on oath says that he is editor and publisher of the Times-Journal, a newspaper published in Dodge County, Georgia, and of general circulation therein, and being the official organ or gazette in which the sheriff's advertisements and other legal advertisements are published, and that he did publish in said newspaper once a week for three weeks within a period of sixty days immediately prior to January 17, 1955, a certain notice of intention to introduce a local bill in the 1955 session of the General Assembly of Georgia, a true copy and newspaper clipping of said notice being as follows, to wit: Notice of Intended Local Legislation. Notice is hereby given that I will introduce and urge to passage in the next regular session of the General Assembly of Georgia, which convenes in January, 1955, an Act to amend an Act to create the City Court of Eastman, in Dodge County, Georgia, and the several Acts amendatory thereof by fixing and prescribing the compensation

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of the judge of said court. This December 27, 1954. Gilbert C. Peacock, Representative, Dodge County, Georgia. (12-29-4tp) Said notice was published in said newspaper on the following dates, to wit: December 29, 1954, January 5, 1955, and January 12, 1955, in compliance with Article III, Section VII, Paragraph XV, of the Constitution of Georgia, and Section 47-801 of the Code of Georgia. /s/ E. T. Methvin, Deponent. Sworn to and subscribed before me this 14 day of January, 1955. /s/ Pearl P. Smith (N. P.) Approved March 7, 1955. MACONWATER AND SEWER SYSTEMS. No. 341 (House Bill No. 373). An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon 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

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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 Sections 100, 101, 103, 104, 105, 106, 107, 108, 110 and 111 of said Act of 1927 as relating to a system of waterworks, a board of water commissioners, their powers and duties, their rules and regulations, their employees, their charges for service, their right to furnish sewer service to persons living beyond the corporate limits of the City of Macon, their means of enforcing collection of their charges, the use of the income of said waterworks, the installation of meters and the condemnation of land for the construction, operation, and extension of the system of waterworks and sanitary sewers of the City of Macon, by re-defining the duties and powers of said board so as to include, in addition to the powers which it now has, the management, operation and extension of the sanitary sewer system of the City of Macon, whether located within or without the corporate limits of said city; to combine the system of waterworks with the system of sanitary sewers; to authorize said board to fix and establish fees and service charges for the services to be rendered to the customers of the combined system; to authorize said board to promulgate rules and regulations for the collection of said fees and service charges; to provide for the method of enforcement of collection of said fees and service charges; to authorize said board to extend, improve and expand said system of sanitary sewers, both within and without the corporate limits of the City of Macon; to authorize the City of Macon to purchase and hold all real estate necessary for the construction and operation of said system of sanitary sewers and to have authority to condemn property for the purpose of constructing and extending the system of sanitary sewers for the City of Macon, both within and without the corporate limits of said city; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows:

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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 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; 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, be, and the same are hereby further amended by striking sections 100, 101, 103, 104, 105, 106, 107, 108, 110, and 111 of said Act of 1927 as amended, in their entirety and substituting in lieu thereof new sections 100, 101, 103, 104, 105, 106, 107, 108, 110 and 111 so that said sections as amended shall read as follows: Section 100. Water and sewerage systems. The City of Macon is authorized to own and operate a water system for supplying water for all purposes of persons resident therein and is further authorized to own and operate a sewerage system for the benefit of the residents of said city. Said sewerage system may include sewer pipes, sewer lines, pumping stations, treatment plants, and any and all other facilities necessary or convenient for the collection, treatment and disposal of sewage in the City of Macon. Said systems may be combined and operated as one system. Section 101. Board of water commissioners. The operation, maintenance, repair, extension, improvement, and management of said water system and of said sewerage system shall be under a commission consisting of three members to be elected as hereinafter provided and to be known as the board of water commissioners, hereinafter sometimes referred to as the `board'. The board

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of water commissioners now in office shall continue their terms of office as prescribed in the Act creating said board. On the third Wednesday of September, 1955, and biennially thereafter, one water commissioner shall be elected for a term of six years. All elections for water commissioners shall be under the laws regulating elections for mayor and aldermen of said city. Should any vacancy occur on said board, the remaining members thereof shall immediately notify said mayor and council thereof, who shall, at their next regular meeting thereafter, call an election for the purpose of filling such vacancy, to be held within sixty days from the call thereof; provided, that such special election shall not be held within thirty days of any general or primary election for mayor and aldermen of said city. The person so elected shall hold office for the unexpired term for which he was elected. And all commissioners shall hold office until their successors are elected and qualified. Provided, however, that if said vacancy should occur within sixty days from the expiration of said term, the vacancy shall be filled by an election to be held by said mayor and council. 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 and 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. Section 103. General management of water and sewerage systems. Said board of water commissioners shall have full and plenary power to make all rules and regulations for the management and operation of said water and sewerage systems as now existent and as hereafter added to, extended or improved; to fix from time to time rates charged for water with the right to classify said rates within the City of Macon and without the City of Macon into classes, including, but not limited to, the designation of small, intermediate, and large consumers, and industrial, commercial, and residential consumers, and to classify such rates between consumers residing within the City of Macon and consumers residing without

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the City of Macon; and to fix from time to time, by and with the consent and approval of the Mayor and Council of the City of Macon, the rates to be charged for sewer services, with the right to classify such rates within the City of Macon and without the City of Macon into classes, including, but not limited to, the designation of small, intermediate, and large users, and industrial, commercial, and residential users, and according to biological oxygen demand of sewage of users, and between users residing within the City of Macon and users residing without the City of Macon. Provided, however, that the above limitation on the board to fix said sewer rates only with the consent and approval of the Mayor and Council of the City of Macon is not to be construed as any limitation on the board's authority to classify rates according to the classifications hereinabove set forth. Nothing contained herein shall be construed as limiting the right of the board to charge non-residents of the City of Macon an additional sewer rental at such rate or rates as it may determine. In the event water and sewerage revenue-anticipation certificates are issued within a period of two (2) years from the effective date of this Act, the initial rates, fees and charges adopted after the effective date of this Act for sewer services shall not be decreased until and unless such certificates have been paid or provision duly made therefor. Provided further that before any increase in water and/or sewer rates shall become effective, said board shall publish notice of its intention to increase said rates once in a daily newspaper published in the City of Macon, and shall hold a public hearing at least thirty days (30 days) prior to the effective date of said proposed increase in said rates. Said board shall have the power to require reasonable deposits sufficient in amount to cover the estimated consumption of water and/or the cost of sewer service for thirty days before supplying water or sewer service. Any consumer may pay in advance for a period of twelve months for water and/or sewer service and it shall be the duty of said board to receive said payment and place it to the credit of such consumer, to be used in said twelve months period in the consumption of water and/or the cost of sewer

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service. Upon the failure of any consumer to pay for water or to pay any sewer service charge, said board shall have the right to shut off water from said premises. No abatement of the amount due for water or for sewer service by any consumer, or rebate, shall be granted directly or indirectly, except upon the official action of the board at a regular or called meeting. Said board shall furnish to the City of Macon water and sewer service for all municipal purposes without charge. (a) Said board shall also have authority to promulgate and enforce rules and regulations providing charges for services rendered in connection with installation, maintenance and repair of either of said systems and the right to classify said charges among consumers and/or users within the City of Macon and among customers and/or users without the City of Macon and between resident and non-resident consumers, all according to the classifications and classes heretofore set out in this section. (b) All employees necessary for the operation and management of said water and sewerage systems shall be under the direct control and authority of said board and it shall have authority to discharge all persons employed by it at any time in the same manner and to the same extent that any private employer has over his employees. Some person fully qualified to keep correctly the books of said board shall be employed to fill the office of secretary of said board, whose duty it shall be to keep a correct set of books showing all purchases of every character pertaining to the management, operation, construction, and extension of said water and sewerage systems and to make regular itemized monthly reports to the Mayor and Council of the City of Macon showing separately receipts and disbursements of said water and sewerage systems, together with a statement of the amount of money in bank and where deposited. Said books so kept shall be at all times open to the inspection of the Mayor and Council of the City of Macon and any citizen thereof, under proper regulations provided by said board. Said board shall have its books

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audited annually by some competent certified public accountant, and cause to be printed in a daily newspaper published in the City of Macon a full and complete statement once every three months. (c) Said board shall also have authority to employ a competent person who has had experience in the operation of water and sewerage systems, whose duty it shall be to have general superintendency of operation, maintenance, construction and extension of said systems, or, in its discretion, to employ a general superintendent for each of said systems, with the same qualifications and experience and to perform the same duties for the respective system for which he is employed; to require all employees handling any of the moneys touching and concerning the operation and management of said water and/or sewerage systems, or in any way connected with the purchase of any supplies for the operation, maintenance, construction and extension of either or both of said systems, to give bond for the faithful discharge and performance of their duty, in a sum to be fixed by the board. Said board is hereby authorized, to make all necessary extensions and to do all necessary work for the maintenance and improvement of said water and sewerage systems, and to carry on the business of the same, and to make such extensions and improvements, either by contracts to the lowest and best bidder, or by doing said work by its own force, or by forces furnished by the city, as in its judgment it deems best. Said improvements and extensions may be financed by the sale of revenue-anticipation certificates (as provided in the Revenue Certificate Law of 1937 as amended) or out of the income from said water and sewerage systems available for that purpose. Said board shall select some reputable bank or banks to act as depository; and receive and pay out, in the manner herein provided, all sums of money collected by said board; and receive and hold and pay out all moneys arising from the sale of any revenue-anticipation certificates hereafter authorized and issued by joint resolution and ordinance of said board and the Mayor and Council of the City of Macon, as provided in said joint resolution and ordinance. All other things

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being equal, the bank or banks paying the highest rate of interest shall be selected as depository. Said bank or banks, at their own expense, shall give an indemnifying bond, conditioned to save the City of Macon harmless in the faithful performance of its duties and for the faithful accounting of all moneys deposited with it by said board. (d) Said board shall have the power to join with the City of Macon in the issuance of revenue-anticipation certificates as provided in the Revenue Certificate Law of 1937 (Acts 1937, p. 761) as amended, pledging the income and revenues, or any part thereof, (including the revenues of improvements, betterments or extensions thereto hereafter constructed or acquired as well as the revenues of existing systems, plants, works, instrumentalities and properties) from said water system or sewerage system or a combination thereof, for the punctual payment of said certificates and interest thereon. (e) The provisions of the Acts of 1943, p. 1432-1434 approved February 16, 1943, amending this section of the charter of the City of Macon, and the provisions of the Acts of 1951, pp. 2567-2579, approved February 19, 1951, further amending this section, shall remain of full force and effect insofar as they affect any person now receiving or entitled to receive any benefits under this section as amended by said Acts. (f) Said board may operate the sewerage system by using its present employees and by employing such additional employees as it deems needful and necessary; provided all new employees of the board shall be entitled to the pension and retirement plan and benefits now in force and effect pertaining to the board's employees and any that might be hereafter adopted. Section 104. Water and sewer service beyond city limits. Said board of water commissioners shall be further authorized to furnish water and sewer services to premises beyond the corporate limits of the City of Macon, but shall not be required to do so, and shall have

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the power to fix rates to be paid for such water and such sewer services and shall have the right to classify said charges within the City of Macon and without the City of Macon and between resident and non-resident consumers as set out in Section 103 hereof. Upon the failure of any such consumer and/or user to pay for water or to pay any charge for such sewer services, said board shall have the right to shut off the water from the premises. Section 105. Income of water and sewerage systems. How used. From all of the income arising from the operation of said water and sewerage systems, and all revenues derived therefrom, the board of water commissioners shall pay all of the necessary operating expenses of said water and sewerage systems, including the costs of necessary maintenance, repairs and extensions to said systems, and all costs of any and all pension and retirement plans of the board, and for so long as there shall remain outstanding indebtedness incurred by the City of Macon for the use of the Macon Hospital, whether represented by general obligation bonds or otherwise, the board shall also pay into the treasury of the City of Macon the sum of $140,000.00 per annum, which sum shall be used by the city exclusively for the retirement of obligations incurred for the construction of additions, betterments and improvements to said hospital incurred within five years from February 15, 1952. Said board is hereby authorized and directed to fix such water rates, sewer rates, and charges for other services and facilities as will in the judgment of said board produce said sum in excess of operating expenses, provisions for needful or necessary repairs, improvements and extensions to the water and sewerage systems, in addition to other sums authorized to be paid by said board, including specifically but without limitation, any debt service and reserves to pay any revenue-anticipation certificates now or hereafter outstanding which are payable from the income and revenues of either or both of said systems. The duty imposed on said board to make the payments to the City of Macon hereinabove provided for, and on the City of Macon to use such sums, shall expire and be of no further effect on January 1 of the year following which

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all such obligations incurred for hospital purposes have been retired. The said City of Macon shall have the right to anticipate the revenues payable hereunder and to sell such revenues so anticipated through the sale of certificates, discount or otherwise. (a) Said board, after paying all operating expenses of said water and sewerage systems, including the cost of necessary maintenance, repairs and extensions, and all costs of any and all pension and retirement plans of the board, and after providing in such year for the payment of the sum of $140,000.00 into the treasury of the City of Macon as directed above, shall have the power and authority to pay in each year to the Macon Hospital Commission, for the maintenance and support of the sick poor of the City of Macon, out of the moneys and funds derived from the operation of said water and sewerage systems, a sum not exceeding $20,000.00 in each year. (b) After payment of the sums hereinabove provided, and after paying all necessary operating expenses, including repairs of said water and sewerage systems, and after making adequate provision for extensions, improvements and replacements, including setting aside a reasonable sum as a reserve to meet unforseen contingencies or demands (all to be determined in the discretion of said board), it is hereby authorized and directed to pay over any funds or profits arising out of the operation of said water and sewerage systems and any other revenue of said board, not required to be used to pay debt service or reserves in connection with any revenue-anticipation certificates payable out of the revenues of either of said systems, or a combination thereof, to the Mayor and Council of the City of Macon for use for city purposes. Said amount shall be paid by said board to the Mayor and Council of the City of Macon either annually or semi-annually or quarterly, as may be determined by said board. Section 106. Rules of board have force of ordinances When. The Mayor and Council of the City of Macon are hereby authorized to make all necessary ordinances

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for the purpose of protecting the City of Macon in the ownership and enjoyment of said property and for the further purpose of protecting the city against loss, waste and misuse of water by the consumers within the corporate limits of the City of Macon and its environs through the use of said water and sewerage systems, and for the further purpose of protecting its citizens in the proper enjoyment of their property and against the creation or continued existence of any unsanitary condition or menace to health arising from the improper disposal of sewage. Upon written request by said board the Mayor and Council of the City of Macon shall consider any rule or regulation of said board and may, in its discretion, adopt the same as an ordinance of the City of Macon. Section 107. City attorney legal advisor of board . The city attorney shall be the legal advisor of said board in all matters, for which he shall not receive any additional compensation. The board of water commissioners shall have power to employ and retain an attorney at law and fix his compensation, and such attorney shall serve the board at its pleasure. Section 108. Shutting off water . When the board of water commissioners, under the rules made by said board, has shut off the water from premises where supplied, either for the non-payment of water or for the non-payment of any sewer service charges, or other charges, said board shall not by any authority be compelled to again turn on the water for such delinquent consumer, at such location or elsewhere, until all back water charges and/or any back sewer service charges or other charges due by said delinquent consumer for water and/or any sewer service consumed or furnished on said premises from which water has been shut off shall have been first paid, including the charges for turning on and off the water supply. Section 110. MetersInstallation of . The board of water commissioners may, in its discretion, install water meters on any premises supplied by it with water, and/or sewer meters on any premises supplied by it with sewer

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service; and when a meter has been so installed, it shall collect the cost of such meter and installation thereof from the person owning the premises upon which such meter was installed; and should such person fail or refuse to pay therefor said board shall have full power and authority to shut off the water supply from such premises, and said board shall not be compelled to turn on the water supply at such premises until the charges for such meter and installation thereof have been fully paid. The board may, upon application of any tenant, install meters upon the premises occupied by him, upon his paying such costs and charges. Section 111. Condemnation of land by city . The City of Macon shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of said water and sewerage systems both within and without the corporate limits of the city, and said City of Macon shall have full power and authority to condemn property, both within and without the corporate limits of said city for the purpose of constructing, improving and extending and thereafter operating the water and sewerage systems for the City of Macon; provided, however, that no property shall thus be taken by the City of Macon without compensation being paid, the method and procedure for the condemnation of such property being the same as now provided by the laws of Georgia in condemnation proceedings, as set forth in Title 36 of the Annotated Code of Georgia (1933). Section 2. All laws or parts of laws in conflict herewith be and the same hereby are repealed. The Macon Telegraph. The Macon News. Macon, Georgia. 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

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News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates. December 24, 1954, December 31, 1954, January 7, 1955. /s/ Florence J. Scott. Sworn to and subscribed to before me, this 25th day of January, 1955. /s/ Anna J. Harris, Notary Public, Bibb County, Georgia. Notarial Seal Affixed. Georgia, Bibb County. To Whom It May Concern: Notice is hereby given that application will be made to the January, 1955, session of the General Assembly of Georgia for the passage of the following bill, to wit: A bill to be entitled, An Act to amend an Act approved August 3, 1927, entitled `An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts: To consolidate into one Act with such changes as may have become necessary or proper, and the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend said Act of 1914 and 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 sub-section of said Act or Acts; to amend Sections 100 through 111, both inclusive, of said Act of 1927 as relating

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to a system of waterworks, a board of water commissioners, their powers and duties, their rules and regulations, their charges for service, their right to furnish sewer service to persons living beyond the corporate limits of the City of Macon, their means of enforcing collection of their charges, the use of the income of said water works, the installation of meters and the condemnation of land for the construction, operation, and extension of the system of water works and sanitary sewers of the City of Macon, by changing the name of said board, re-defining the duties and powers thereof so as to include, in addition to the powers which it now has, the management, operation and extension of the sanitary sewer system of the City of Macon, whether located within or without the corporate limits of said city; to combine the system of water works with the system of sanitary sewers; to authorize said board to fix and establish fees and service charges for the services to be rendered to the customers of the combined system; to authorize said board to promulgate rules and regulations for the collection of said fees and service charges; to provide for the method of enforcement of collection of said fees and services charges; to authorize said board to extend, improve and expand said system of sanitary sewers, both within and without the corporate limits of the City of Macon; to authorize the City of Macon to purchase and hold all real estate necessary for the construction and operations of said system of sanitary sewers and to have authority to condemn property for the purpose of constructing and extending the system of sanitary sewers for the City of Macon, both within and without the corporate limits of said city; 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 23rd day of December, 1954. C. Cloud Morgan, City Attorney.

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State of Georgia, County of Fulton. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath, that he is the author of the within and foregoing local bill, and that the attached notice of intention to apply for passage and approval of the same appeared in the Macon News, once a week for three consecutive weeks, to wit, on the 24th and 31st days of December, 1954, and on January 7, 1955, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 31st day of January, 1955. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Approved March 7, 1955. RICHMOND COUNTY DEPARTMENT OF HEALTH. No. 343 (House Bill No. 161). An Act to provide for the continued existence of the Richmond County Department of Health in accordance with Article 11, Section 1, Paragraph VI of the Constitution of the State of Georgia, and to provide for the management and control of such public health department by the Richmond County Board of Health for the election, terms of office, organization, powers,

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compensation and duties of the members of said Richmond County Board of Health, for the method of financing said department, for the appointment of powers and duties of the Commissioner of Public Health, for the tenure and compensation of its employees; to provide the punishment for violation of the rules, regulations or ordinances of the Richmond County Board of Health; to provide that the City Court of Richmond County shall try all cases of persons violating any rules, regulations or ordinances of the said Richmond County Board of Health; to provide that the expenses of the said Richmond County Department of Health shall be paid from the County Treasury of Richmond County, or from such other funds as the State Health Department shall appropriate to the Richmond County Department of Health, or from such funds as might be appropriated by the Federal Government, or other agencies, as grants in aid to said Richmond County Department of Health; 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; to provide that the said Richmond County Board of Health shall have authority to employ and attorney or attorneys as it deems necessary to properly conduct the affairs of the County Board of Health of Richmond County, Georgia, compensation for their services to be fixed by the said Richmond County Board of Health; to provide for the employment of a Commissioner of Health and to fix his qualifications and compensation; to provide that the incumbent Commissioner of Health shall continue to serve said board until expiration of the term of office to which he has been elected; to provide the time of meetings of the said board; to provide that all terms and provisions of the Ellis Health Law shall be carried out by the Richmond County Board of Health which are not in conflict with the terms and provisions of this Act; to provide that all ordinances adopted by the Richmond County Board of Health shall become effective upon the caption thereof being advertised one time in the legal gazette of Richmond County, Georgia; to provide

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that all present rules and regulations heretofore adopted pertaining to sanitary measures shall be retained by said Department of Health until July 1, 1955, at which time the Department of Health shall publish in pamphlet form said rules and regulations, and when said rules and regulations and revised ordinances are adopted they shall become effective upon being printed in pamphlet form and advertised by being posted at the courthouse door and the caption thereof being published one time in the legal gazette for Richmond County, Georgia; to provide for posting of warning placards and padlocking of establishments in violation of rules and regulations of said board; to provide that the Richmond County Board of Health shall comply with the provisions of the Georgia Merit System in matters applying to employees in whose salaries the State Health Department participates; to provide that the Richmond County Board of Health may, by a majority vote of its membership, contract with adjacent and neighboring counties to become part of any multi-county health department which might be hereafter created in said counties in order to provide public health service in said counties; to provide that the Commissioner of Health of Richmond County and his deputies shall have police power and shall have the right to enter upon any premises in said county for the purpose of inspection and quarantine when it is considered necessary by said Commissioner or his deputies in order to protect the public health; to repeal all laws or parts of laws in conflict with 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 there shall be a continued existence of the Richmond County Department of Health in accordance with Article 11, Section 1, Paragraph VI of the Constitution of the State of Georgia. Said Richmond County Department of Health shall be managed and controlled by the Richmond County Board of Health, which shall be composed as follows: 1. Chairman of the Board of Commissioner of Roads and Revenues of Richmond County,

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Georgia, or some member of the Board of Commissioner of Roads and Revenues of Richmond County, Georgia, appointed by the Chairman of said Board of Commissioner of Roads and Revenues of Richmond County, Georgia; 2. Mayor of the City Council of Augusta, or some member of the City Council of Augusta appointed by the Mayor of the City Council of Augusta; 3. President of the County Board of Education of Richmond County, Georgia; 4. One physician to be elected by the grand jury of said county at the expiration of the term of office of the present incumbent of said board heretofore appointed by the grand jury of Richmond County. The new member hereafter elected by the grand jury of Richmond County shall serve for a term of four years beginning at the expiration of the now incumbent member's term; 5. One member to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, his term of office to begin upon his appointment by said board and to expire on December 31, 1955, at which time the said Board of Commissioners of Roads and Revenues of Richmond County shall reappoint said member or his successor to serve for a period of three years beginning January 1, 1956; 6. One member to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, for a two-year term said term to begin upon his appointment by said board and to expire on December 31, 1956, at which time the said Board of Commissioners of Roads and Revenues of Richmond County shall re-appoint said member or his successor to serve for a period of three years beginning January 1, 1957; 7. One member to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, for a three-year term, said term to begin upon his appointment by said board and to expire on December 31, 1957. Said member or his successor shall be appointed each three years thereafter; 8. One physician to be appointed by the Board of Commissioners of Roads and Revenues of Richmond County from a list of three nominated by the Richmond County Medical Society at the meeting of the Richmond County Medical Society next following passage

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of this Act, said member to serve until his successor is elected and qualified as hereinafter provided. Said Richmond County Medical Society shall nominate three physicians at its meeting next preceding January 1, 1956, and from said three so nominated the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall appoint one who shall serve as a member of the Board of Health of Richmond County for a term of three years beginning on the first day of January, 1956; 9. One physician to be appointed by the Commissioners of Roads and Revenues of Richmond County, Georgia, from a list of three nominated by the Richmond County Medical Society at the meeting of the Richmond County Medical Society next following passage of this Act, said member to serve until his successor is elected and qualified as hereinafter provided. Said Richmond County Medical Society shall nominate three physicians at its meeting next preceding January 1, 1957, and from said three so nominated, the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall appoint one who shall serve as a member of the Board of Health of Richmond County for a term of three years beginning on the first day of January, 1957, all future members of said Board of Health of Richmond County shall be elected in the same manner as provided for in this Act. Members. Section 2. All vacancies on said board shall be filled by appointment in like manner as the original appointees to said board. Any appointee to a vacancy on said board shall serve only the unexpired term of his predecessor on said board. Vacancies. Section 3. The Richmond County Board of Health shall hold an organizational meeting on the first Thursday in the month next succeeding the passage of this Act in the offices of the Department of Health in Richmond County, Georgia. The Richmond County Board of Health shall then proceed to organize by electing one of its members as chairman and one as vice-chairman to serve the first Thursday in January, 1956, at which time said Richmond County Board of Health shall hold an organizational

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meeting and from its membership proceed to elect a chairman and vice-chairman for a term of four years from the said first Thursday in January, 1956. The board shall elect one of its employees to serve as secretary to said board. All conveyances and contracts shall be executed on behalf of the Richmond County Department of Health by the chairman or vice-chairman of the Board of Health, and the Commissioner of Public Health. Organization. Contracts. Section 4. The Richmond County Board of Health shall hold regular meetings not less frequently than once each month, the day and hour of which shall be fixed for the ensuing four years at its organizational meeting. Special meetings may be called by the chairman, by the vice-chairman in the event of the absence of the chairman or incapacity of the chairman, by the Commissioner of Public Health, or by a majority of the members, provided that a written notice of the time and place of such meeting and of the subject or subjects to be considered thereat shall be dispatched by mail to each member of the board at least 72 hours prior to the date of such meeting. At such special meetings only the subject or subjects referred to in such notice shall be acted upon. A majority of the members shall constitute a quorum for the transaction of business. The minutes of each meeting shall be recorded by the secretary of such board in a book provided for that purpose, which shall be a public record and open for inspection in the office of the Commissioner of Health during regular business hours. In the absence of the regularly elected secretary, another employee of the board shall be designated to act as secretary for that meeting, by the board. Meetings. Section 5. And be it further enacted that the said Richmond County Department of Health shall be a body politic and corporate in law, and as such may contract and be contracted with, sue and be sued, plead and be impleaded in any court of this State having competent jurisdiction, and receive any gift, grant, donation or devise made for the use of public health within its jurisdiction; and moreover it shall be, and it is hereby invested with the title, care and custody of the Richmond

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County Department of Health or any other real estate sites now or hereafter belonging to the Richmond County Department of Health, with power to control, lease, sell or convey the same as said board may think will best, serve the interest of public health in said county. Subject to the provisions of this Act, the Richmond County Department of Health by and through its board of health shall have power (a) to purchase, lease or otherwise acquire real and personal property, and to construct, repair, maintain and operate the public health department for said county; (b) equip the same including the laboratories and other facilities appropriate for public health service in said county; (c) to fix the compensation and prescribe the powers and duties of all employees including the establishment of a pay plan for said employees; (d) to adopt as hereinafter provided an annual budget for the support of said Department of Health of Richmond County; (e) to make rules and regulations necessary for the conduct of its business and the government of its employees. Powers. Section 6. The Commissioner of Public Health shall be appointed by the Richmond County Board of Health for a four-year term, and may be removed by it, provided that he shall first be served a clear statement in writing of the cause of his removal and given an opportunity to be heard thereon at a public meeting of said board to be held not less than 10 nor more than 20 days after the service of such statement. He shall be entitled to be represented by counsel at such hearing, and upon his request witnesses whose testimony is pertinent to the charges against him shall be subpoenaed by the chairman or vice-chairman of said board. After such hearing, decision of the board, upon a vote of three-fourths of its members, shall be final, except that in the event of physical or mental incapacity of the Commissioner of Public Health then a majority shall be authorized to act. The Commissioner of Public Health shall be a physician qualified with and approved by the Merit System Board of Georgia, and it is deemed desirable that he have either a Master of Public Health degree from some recognized college or a diploma from the American Board of Preventive

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Medicine and shall have at least five years' experience in a responsible position in some reputable public health agency. Provided further that the incumbent Commissioner of Health Dr. Abe J. Davis, shall continue to serve said board until the expiration of the term of office to which he has been previously elected. The Commissioner of Public Health shall be the executive officer of the Richmond County Department of Health. He shall supervise the preparation of the annual budget and submit the same to the board; attend all its meetings with the right to speak therein but not to vote. He shall nominate all employees for appointment by the board, and shall generally supervise, direct and control the operation of the Richmond County Department of Public Health, its offices and employees. Commissioner of public health. He shall have power to require such reports from each employee as he may deem necessary or which may be required by law. Within two months of the close of each fiscal year, he shall prepare for submission to the board a brief and comprehensive report of the activities and finances of the Richmond County Department of Public Health which shall be given to the press and be available to the public at the office of the Department of Health. Section 7. Financial administration: (a) The fiscal year of the Richmond County Department of Health shall begin on the first day of January and end on the last day of December. (b) Not later than the 15th day of September in each year the Commissioner of Public Health shall submit to the Richmond County Board of Health a tentative budget for the fiscal year beginning on the succeeding 1st day of January. This budget shall contain estimates of expenditures as follows: (1) A sum equal to any deficit incurred in the preceding fiscal year by the failure of the actual cash receipts to equal the expenditures for such year, including current obligations payable but not paid;

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(2) The cost of any other contractural obligation; (3) The cost of operating the Richmond County Department of Health; (4) Expenditures for other purposes for which said Richmond County Board of Health may legally appropriate money. The budget shall also contain estimates of receipts. The estimate of expenditures for operating the Richmond County Department of Health shall be in detail, classified by activities and objects in accordance with the recommendations and regulations of the State Department of Health. The budget shall be so arranged as to show comparative data as to both revenue, cash receipts and expenditures for the last completed fiscal year. With the budget, the Commissioner of Public Health shall submit a summary of its contents and a brief explanation of the principal changes from the preceding year in either receipts or expenditures which shall be given to the press and made available at the office of the Department of Health for public inspection. There shall be sufficient copies of the budget itself to supply the members of the board, and copies shall be kept on file for public inspection during regular business hours in the office of the Commissioner of Public Health. This budget shall be reviewed and studied by the Richmond County Board of Health and approved as a whole or such portions of it as the Board of Health may deem expedient and wise. The budget, after its approval by the Richmond County Board of Health, shall be submitted to the Board of Commissioners of Roads and Revenues of Richmond County, by whom it shall also be reviewed, studied, approved or disapproved as a whole or such portions of it as the said Board of Commissioners of Roads and Revenues of Richmond County may deem expedient and wise. Upon final approval, the budget shall then become the budget of the Richmond County Department of Health for the ensuing year, and the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall levy and collect a tax to meet the same

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and shall appropriate and turn over in a lump sum to the Richmond County Department of Health the amount of its budget as aforesaid. The payment by Richmond County to the Richmond County Department of Health of said monies may for convenience be divided into 12 equal monthly installments or otherwise as may be agreeable between the Board of Commissioners of Roads and Revenues of Richmond County and the Richmond County Board of Health. The amounts authorized in the budget for expenditures for each object and activity shall be deemed to be appropriated therefor, and no expenditures shall be made or obligations be paid from the county health fund incurred except in accordance with such appropriations. Transfers from the appropriations from one activity or object, except from debt service, to another activity or object may be made at any time by the board, but a supplementary or additional appropriation shall not be made unless it is first certified by the Commissioner of Public Health that there is an unappropriated and unincumbered surplus from which such appropriation can be made. The Richmond County Department of Health funds shall consist of all monies belonging to the Department of Health, and not forming of any trust fund shall be kept in a bank or banks in Richmond County designated by the Richmond County Board of Health subject to any laws of the State of Georgia relating to the deposit of public funds. Money shall be paid out of the Richmond County Department of Health Funds only on orders signed by the chairman or vice-chairman of the Board of the Board of Health of Richmond County and the Commissioner of Public Health of Richmond County. Payroll checks may be signed by facsimile signatures of the respective officers. The employee having custody of the payroll checks shall be bonded in such a manner as may be fixed from time to time by the board, the premium to be paid from the public health fund. The Commissioner of Public Health, chairman and vice-chairman of the Richmond County Board of Health shall furnish to the Richmond County Board of Health surety company bonds in such

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amount as the board may deem necessary, conditioned upon the faithful performance of their duties. The premium shall be paid from the county health fund. Section 8. Be it further enacted that each member of the Richmond County Board of Health shall be paid the sum of $10.00 for each meeting of the board that he attends, whether the same be called or a regular meeting, provided that no member shall be paid more than $240.00 in any one year. Compensation of members. Section 9. Be it further enacted that the Commissioner of Public Health shall receive for his services such compensation as the Richmond County Board of Health may from time to time prescribe to be paid out of the county health fund in the same manner as other bills. Commissioner's compensation. Section 10. The Richmond County Board of Health shall have the right to employ such attorney or attorneys as it deems necessary to properly conduct the affairs of the County Board of Health of Richmond County, Georgia, and to fix the compensation for their services. Attorneys. Sectin 11. Be it further enacted that all general laws upon the subject of public health now in force in this State or hereafter to be enacted by the General Assembly shall be effective in Richmond County so long as it does not interfere with or diminish or supersede the rights, powers, and privileges conferred upon the Richmond County Department of Health by this Act unless it shall be so expressly provided in said Act and by designating said Richmond County and the Department of Public Health of Richmond County under their respective names. General laws. Section 12. Be it further enacted that all ordinances hereafter adopted by the Richmond County Department of Public Health shall become effective upon the caption of said ordinance being advertised one time in the legal gazette of Richmond County, Georgia. Ordinances. Section 13. Be it further enacted that all present

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rules and regulations pertaining to sanitary measures heretofore adopted by the said Richmond County Department of Public Health or by the Richmond County Board of Health shall remain in full force and effect until July 1, 1955, at which said time the Richmond County Board of Health shall publish in pamphlet form all of its rules and regulations and revised ordinances and the same shall become effective upon being printed in pamphlet form by said board and advertised by being posted in the courthouse door and the captions thereof being published one time in the legal gazette for Richmond County, Georgia. Rules and regulations. Section 14. Be it further enacted that said Richmond County Department of Health shall have the authority to post warning placards on establishments in violation of the rules and regulations of said Richmond County Board of Health, and said board shall have the authority to order pad-locked any establishment in Richmond County, Georgia, which is considered to be in violation of the rules and regulations of the Richmond County Department of Health when said establishments are considered by the board to endanger the public health in said county. Violations. Section 15. Be it further enacted that the Richmond County Board of Health shall comply with the provisions of the Georgia Merit System in matters applying to all employees in the said Department of Health in whose salaries the State Department of Health participates. Employees. Section 16. Be it further enacted that the Richmond County Board of Health, may, by majority vote of its membership, contract with adjacent and neighboring counties to become a part of any multi-county health department which might be hereafter created in said counties to participate in public health work in said counties. Contracts. Section 17. Be it further enacted that the Commissioner of Health of Richmond County, and each of his deputies, shall have police power and shall have the right

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to enter upon any premises in said county for the purpose of inspection and quarantine when it is considered necessary to protect the public health in said county by the Commissioner of Public Health or his deputies. Police power. Section 18. Be it further enacted that the Judge of the City Court of Richmond County shall have jurisdiction to try all persons charged with the violation of any order, rule, regulation or ordinance of said county board of health. Appeals from the findings of the Judge of the City Court of Richmond County, Georgia, shall be made to appellate courts in the same manner as other appeals from the city court are made. Violations. Section 19. Be it further enacted that any person, firm or corporation who shall violate any rule, regulation or ordinance promulgated by the Richmond County Board of Health, shall, upon conviction, be punished as for a misdemeanor. Section 20. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed. Section 21. If any provision of this Act or the applicability thereof to any person or circumstance is held invalid, the remainder of this Act and the applicability thereof and of such provisions to such other persons or circumstances shall not be affected thereby. Section 22. A copy of the notice of the intention to apply for this local legislation and affidavit of its authors that said notice has been published as required by law are attached hereto and made a part of this Act; and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to the notice of intention to apply for local legislation have been complied with for the enactment of this law. Personally appeared before the undersigned officer duly authorized to administer oaths, W. W. Holley, R. Lee Chambers III, and Carl E. Sanders, who, on oath,

Page 3205

depose and say that they are the authors of the foregoing legislation and that the following notice was published in the Augusta Chronicle, the official gazette for the sheriff's advertising in Richmond County on the 10th, 17th and 24th days of December, 1954. /s/ W. W. Holley, W. W. Holley. /s/ R. Lee Chambers, R. Lee Chambers. /s/ Carl E. Sanders, Carl E. Sanders. Sworn to and subscribed to before me, this 19 day of Jan., 1955. /s/ John W. Sognier, Notary Public, Chatham County, Georgia. Affidavit of Publication. Attorney or Agency Frank Pierce. Business County 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 Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local Legislationduly appeared in said newspaper on the following dates to wit: December-10-17-24-1954. /s/ Jack E. Webb. Sworn to and subscribed before me, this 14th. day of January, 1955. /s/ Geo. M. Peters, Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Notarial Seal Affixed).

Page 3206

Notice. The undersigned will introduce local legislation at the 1955 session of the General Assembly of Georgia to provide as follows: An Act to provide for the continued existence of the Richmond County Department of Health in accordance with Article 11, Section 1, Paragraph VI of the Constitution of the State of Georgia; and to provide for the management and control of such health department by the Richmond County Department of Health for the election, terms of office, organization, powers, compensation and duties of the members of the said Richmond County Department of Health, for the appointment of powers and duties of the Commissioner of Public Health, for the tenure and compensation of its employees; to provide the punishment for the violation of the rules, regulations or ordinances of the Richmond County Department of Health; and for other purposes; to repeal all laws or parts of laws in conflict with the provisions of said Act. W. W. Holley, R. Lee Chambers, III, Carl E. Sanders. Dec. 10, 17, 24. Approved March 7, 1955. LAWRENCEVILLESLUM CLEARANCE. No. 344 (House Bill No. 357). An Act to authorize the City of Lawrenceville to undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, to prepare such areas for re-use, and to sell or otherwise dispose of such areas to private enterprise for private

Page 3207

uses, under such conditions and restrictions as the said city may determine, or to public bodies for public uses; to provide that the Mayor and Council of the City of Lawrenceville may appoint and constitute boards and commissions, with delegated powers, to carry out the provisions of this Act; to provide that any such work shall constitute a governmental function undertaken for public purposes, and to provide that the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the City of Lawrenceville, Georgia, is hereby authorized to undertake and carry out slum clearance and redevelopment work in the City of Lawrenceville, to acquire by purchase or eminent domain any area or areas predominantly slum or blighted areas; to clear and prepare such areas for re-use; to resell or otherwise dispose of any such areas acquired, prepared and cleared, to private enterprise for private uses, or to public bodies for public uses, by private or public sale, subject to such conditions and restrictions as said city may impose on the use of said lands. Slum clearance. Section 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Lawrenceville, may appoint and constitute such boards and commissions, and delegate to such boards and commissions, such powers and duties as said mayor and council may determine, to carry out the provisions of this Act. Section 3. Be it further enacted by the authority aforesaid, that any work done hereunder shall constitute a governmental function, undertaken for public purposes, and the said city shall have the authority to exercise the powers of taxation and eminent domain and to expend public funds in furtherance thereof. Section 4. Be it further enacted by the authority

Page 3208

aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Section 5. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. State of Georgia, County of Gwinnett. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is the publisher of the News-Herald, a newspaper published in said county in which the advertisement of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald on the following dates: December 23, 1954; December 30, 1954 and January 6, 1955. /s/ Marvin A. Allison. Sworn to and subscribed before me, this, the 25th day of January 1955. /s/ R. F. Duncan, Notary Public for Gwinnett County, Ga. Notice of Proposed Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, during the January session 1955, a bill to authorize the City of Lawrenceville to 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

Page 3209

private uses to public bodies for public uses; to provide that any such work shall constitute a governmental function undertaken for public purposes, and to provide that the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof, and for other purposes. This December 21, 1954. P. V. Kelley, Member of the General Assembly. 9-3t-c. Approved March 7, 1955. MUNICIPAL COURT OF AUGUSTAAMENDMENTS. No. 346 (House Bill No. 318). An Act to amend an Act approved February 21st, 1951 (Ga. Laws, 1951, pp. 3345-3370) entitled An Act to amend an Act entitled `An Act to abolish justice courts and the office of justice of the peace... 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; and for other purposes; ' approved August 28th, 1931, (Ga. Laws 1931, pp. 270-285), 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; together with the amendatory Act of 1953 (Ga. Laws 1953, Jan.-Feb. Sess., pp. 2627-2632) providing for changes

Page 3210

in the salaries of the judge, the clerk, the sheriff, deputy clerks and deputy sheriffs of said court, and for other purposes; so as to increase the salary of the judge of said court; to fix the salaries of the appointed officers of said court; to provide for the appointment of additional deputy sheriffs; to provide for the appointment of additional deputy clerks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted through authority of the same, that on and after the approval of this Act the Act approved February 21st, 1951 (Ga. Laws 1951, pp. 3345-3370 inclusive), relating to the establishment, jurisdiction, powers, procedure and officers of the Municipal Court, City of Augusta, in and for Richmond County, Georgia, together with the amendatory Act approved February 25th, 1953 (Ga. Laws, 1953 Jan.-Feb. Sess., pp. 2627-2632), be, and the same is hereby amended as follows: Section 1. By striking Paragraph 9 of Part One of the said Act as amended in its entirety as said Paragraph 9 appears on pages 3349-3350 of Georgia Laws of 1951, and on pages 2629-2630 of Georgia Laws of 1953 January-February Session,and by rewriting said Paragraph 9 of Part One of said Act as amended so as to increase the salary of the Judge of the Municipal Court, City of Augusta, Richmond County, Georgia, from $6562.50 per annum to $7200.00 per annum; so as to provide for compensation of and to fix the salaries of the other officials and appointed personnel of said court, and to provide for one additional deputy sheriff and for his or her compensation and to limit the number of additional deputy sheriffs that the court may appoint to three (3) and to limit the number of additional deputy clerks that the court may appoint to one (1); so that said Paragraph 9 as rewritten shall read as follows: Section 2. Paragraph 9: Be it further enacted by the authority aforesaid; that the salary of the Judge of the Municipal Court shall be seven thousand two hundred

Page 3211

(7200) dollars per annum; the salary of the clerk of said court shall be $4,815.00 per annum; the salary of the chief deputy clerk shall be three thousand three hundred seventy-five (3375) dollars per annum; and the clerk of said court shall have the power, by and with the consent of the said judge to appoint two (2) deputy clerks at a salary of three thousand thirty-seven and one-half (3037.50) dollars for each per annum; and the clerk of said court shall have the power, by and with the consent of the said judge to appoint one additional deputy clerk as the business of said court may require, at a salary not to exceed eight (8) dollars per diem. The salary of the sheriff of said court shall be $4,815.00 per annum; and the sheriff of said court shall have the power, by and with the consent of the judge of said court, to appoint five (5) deputy sheriffs at a salary of three thousand three hundred and seventy-five (3375) dollars per annum for each; and with the consent of the judge of said court, the sheriff may appoint three (3) additional deputy sheriffs, as the business of the court may require the services of the same, at a salary not to exceed ten (10) dollars per diem for each. Provided, nevertheless, that said deputy sheriff or deputy sheriffs and deputy clerk or deputy clerks (who receive per diem compensation) shall serve only during such time as both the judge and the sheriff, or the judge and the clerk may deem their services necessary for the best interests of the court. Any such deputy sheriff or deputy clerk may be discharged by the judge, and/or the sheriff or clerk at any time, and any vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. Judge's salary. Clerk, sheriff and their deputies; salaries. The compensation of all officers of said municipal court shall be paid monthly out of the treasury of the County of Richmond, upon the warrants of the judge of said court by the officer or officers charged by law with paying out the money of said county, and such compensation of the court officers shall be charged as part of the court expenses of the said court; and, provided further, that in case of emergency, the Board of Commissioners of Roads and Revenue of Richmond County, Georgia,

Page 3212

shall have the right and power to authorize pay raises for any of the officers and employees provided for in this Act, and may at any time require the reduction in pay of any emergency pay increase granted to any such officers or employees to whom such pay increase may have been granted as provided herein. Section 3. Be it further enacted that all laws and parts of laws which conflict with this Act be, and the same are hereby, repealed. Section 4. Be it further enacted that should any word, phrase, paragraph, clause or section of this Act for any reason be declared invalid, all the remaining portions of this Act shall continue of full force as though separately enacted. Section 5. Be it further enacted that a notice of the intention of the authors to introduce this legislation was duly published in the Augusta Chronicle, the newspaper in which the official advertisements of the Sheriff and other officers Richmond County, Georgia, customarily appear, once a week for three consecutive weeks during the six-days period of time immediately preceding the introduction hereof; and the proof of such publication, consisting of an affidavit of the publisher, is hereto attached and incorporated as an integral portion of this Act. /s/ R. Lee Chambers. /s/ Carl E. Sanders. /s/ W. W. Holley. Affidavit of Publication. Attorney or AgencyMixon Chambers. BusinessAttorneys-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 Chronicle a daily newspaper

Page 3213

published in Augusta, in said State and county, and that the advertisement Notice of Local LegislationSalary Increases. duly appeared in said newspaper on the following dates to wit: December-30-1954-Januay 6-13-1955. /s/ Jack E. Webb. Sworn to and subscribed before me, this 15th day of January, 1955. /s/ Geo. M. Peters, Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal Affixed). Notice to the Public: Notice is hereby given that the undersigned will introduce at the 1955 session of the General Assembly of Georgia a local bill for Richmond County, Georgia, which will amend an Act of the General Assembly of Georgia, (Acts of 1951, pp. 3349-3370 and the amendatory Acts thereto), which is an Act to amend an Act to create for the City of Augusta a Municipal Court; the local legislation which is to be introduced will be to increase the salary of the judge of said court and to provide for the salaries of the sheriff, deputy sheriffs, clerk and deputy clerks of said Municipal Court and to provide the number of such other officers. This the 28th day of December, 1954. R. Lee Chambers, W. W. Holley, Carl E. Sanders, Representatives to General Assembly, Georgia. Dec. 30; Jan. 6, Jan. 13. Approved March 7, 1955.

Page 3214

GORDON COUNTYSHERIFF'S SALARY. No. 347 (House Bill No. 189). An Act to change the compensation of the Sheriff of Gordon County from a fee basis to a salary basis; to provide for the amount and method of payment of said compensation; to provide an automobile, gasoline, oil and repairs for the use of the sheriff; to provide for the collection of fees by the sheriff for the use of Gordon County; to provide for office expenses of the sheriff; to provide for the collection and payment of fees due upon the effective date of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Sheriff of Gordon County is hereby placed on a salary basis in lieu of a fee basis, as hereinafter provided. Salary basis. Section 2. The Sheriff of Gordon County shall receive an annual salary of four thousand ($4,000.00) per annum, payable in equal monthly installments. Said salary shall be in full payment of all fees and commissions or other emoluments that would otherwise accrue to him except for this Act. All such fees, commissions and emoluments shall be collected by him and paid into the general funds of the county. Such compensation shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. Compensation. Section 3. The Sheriff of Gordon County shall be allowed an automobile for the exclusive use of his office, and shall be furnished with the necessary gasoline, oil and repairs for said automobile, the kind and amount of which shall be in the discretion of the commissioner of roads and revenue and shall be paid out of the general funds of said county. Automobile, expenses.

Page 3215

Section 4. All fees, costs, percentages, forfeitures, penalties and all other perquisites now allowed by law or hereinafter allowed by law to be collected by the sheriff or his deputies, shall be received and collected by said officers for the sole use of the county, and shall be held and accounted for as public monies belonging to said county. The sheriff shall on or before the 10th day of each month submit a detailed report of the sums so collected and pay the same over to the commissioner of roads and revenue of said county. The procedure now in force as to which officer shall collect the cost and distribute the same shall remain in force as now provided by law, but as herein provided all such sums shall be collected for the use of said county. Fees, costs, etc. Section 5. The necessary expense of the office of the sheriff shall, when approved by the commissioner of roads and revenue shall be paid out of the general funds of Gordon County. This shall include all premiums on bonds or insurance required of the sheriff or his deputies. Office expenses. Section 6. All fees, commissions, etc., which are due said officer prior to the effective date of this Act and which are collected after the effective date of this Act shall be collected as herein provided but shall be remitted to such officer upon his presenting his bill therefor. Fees, commissions, etc. Section 7. This Act shall become effective January 1, 1957. Section 8. All laws and parts of law in conflict with this Act are hereby repealed. Notice of Intended Legislation. In compliance with Code Section 47-801 of the Annotated Code of Georgia, notice is hereby given that I will introduce legislation at the next session of the Georgia Legislature an Act to change from the fee system to the salary system in the County of Gordon the sheriff, and to provide for county police therein; to make provisions

Page 3216

to carry out such change; to regulate the collection and disposition of all fees and commissions; to provide for county police who will also act as deputy sheriffs; to provide for a jailor; to provide for the payment of salaries for such officers, including the county police and jailor; to provide for furnishing the sheriff an automobile to carry out the duties of his office, and to provide for furnishing the county police with automobiles or motorcycles to carry out their duties, and to provide for the operation, upkeep and repair of the same; to provide for the necessary office expense of such office; and for other purposes. This December 20, 1954. Henry A. Mauldin, Representative, Gordon County, Georgia. State of Georgia, County of Gordon. We hereby certify that notice of intended legislation in connection with the bill to which this affidavit is attached was published in the Calhoun Times, which is the official gazette of Gordon County in which the sheriff's sales appear, three consecutive times during the 60 days immediately preceding its introduction in the General Assembly of Georgia. It was published on the following dates: December 16, December 23, December 30, 1954. Copy of said publication of notice is attached to said bill herewith. This the 1 day of January, 1955. /s/ James H. Hobgood, General Manager, Calhoun Times. Sworn to and subscribed before me, this 1st day of January, 1955. /s/ Harry Laurence, Notary Public. Approved March 7, 1955.

Page 3217

HOUSTON COUNTY COMMISSIONERSCOMPENSATION. No. 349 (House Bill No. 291). An Act to amend an Act creating a Board of County Commissioners for Houston County; providing for the duties, powers and compensation of such board, approved August 15, 1922 (Ga. Laws 1922, p. 372), as amended by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2575), so as to provide that each member of said board of county commissioners be paid twelve hundred ($1200) dollars per year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of County Commissioners for Houston County; providing for the duties, powers and compensation of such board, approved August 15, 1922 (Ga. Laws 1922, p. 372), as amended by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2575), is hereby amended by striking from Section 3 of said Act the words six hundred and inserting in lieu thereof the words, twelve hundred, so that said Section 3 when so amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that for his services as such, each of said commissioners shall be paid the sum of twelve hundred ($1200) dollars per year, said sum to be paid monthly out of the county treasury. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Jan. 24, 1955. Notice of Local Legislation. Notice is hereby given that there will be introduced

Page 3218

in the General Assembly of Georgia which convenes on the second Monday in January, 1955, a bill to be entitled an Act to amend an Act creating the office of county roads and revenue for Houston County, Georgia, an Act to provide for the increase of salaries for the commissioners; and for other purposes. J. W. Bloodworth, Representative, Houston County, Georgia. It is hereby certified that the attached legal notice was published in The Houston Home Journal, the official organ of the County of Houston, State of Georgia, on the following dates: Jan. 6, 13 and 20, 1955. It is further certified that the undersigned, Cooper Etheridge, is editor of The Houston Home Journal and authorized to make this certification. /s/ Cooper Etheridge, Editor, Houston Home Journal. Perry, Houston County, Georgia. Sworn to and subscribed before me, this 24th day of January, 1955. /s/ Louise S. Wilder, Deputy Clerk S. C. H. Co. Ga. (Seal). Approved March 7, 1955. WARRENTON CHARTER AMENDED. No. 350 (House Bill No. 258). An Act to repeal an Act entitled an Act to amend an Act entitled An Act to amend the charter of Warrenton, Georgia, to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859,

Page 3219

and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a Marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office,' approved August 16, 1915; so as to provide for qualifications of candidates for Marshal of the City of Warrenton, so as to provide for the election of a Marshal for the City of Warrenton by the Mayor and Commissioners of the City of Warrenton, fix his duties, and provide for his compensation. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that, An Act to amend an Act entitled `An Act to amend the charter of Warrenton, Georgia, to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859, and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a Marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office,' approved August 16, 1915; so as to provide for qualifications of candidates for Marshal of the City of Warrenton, be and the same is hereby repealed in its entirety. Act of 1915 repealed. Section 2. Be it further enacted by the authority aforesaid that at the first meeting of the Mayor and Commissioners of the City of Warrenton in January 1956, and at the same meeting annually thereafter, the Mayor and Commissioners of the City of Warrenton shall elect a Marshal for the City of Warrenton, who may be chief of police, fix his compensation, and prescribe his duties, said mayor and commissioners shall have power and authority to suspend and remove said marshal, in their discretion. Marshal.

Page 3220

Notice of Intention to Apply for Local Legislation. Georgia, Warren County. Notice is hereby given by the Mayor and Council of the City of Warrenton, Georgia, that the City of Warrenton, Georgia, intends to apply for the passage of local legislation at the next session of the General Assembly of the State of Georgia, which convenes on 2nd Monday, in January, 1955, by applying for passage of the following Act: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that, An Act to amend an Act entitled `An Act to amend the Charter of Warrenton, Georgia, to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12th, 1859, and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a Marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office,' approved August 16th, 1915; so as to provide for the qualifications of candidates for Marshal of the City of Warrenton, be and the same is hereby repealed in its entirety. Section 2. Be it further enacted by the authority aforesaid that at the first meeting of the Mayor and Commissioners of the City of Warrenton in January 1955, and at the same meeting annually thereafter, the Mayor and Commissioners of the City of Warrenton shall elect a Marshal for the City of Warrenton, who may be chief of police, fix his compensation, and prescribe his duties, said mayor and commissioners shall have the power and authority to suspend and remove said marshal, in their discretion.

Page 3221

This the 1st day of November, 1954. /s/ James F. Clary, As Mayor of the City of Warrenton, Georgia. /s/ R. D. Jackson, As Clerk of the City of Warrenton, Georgia. Georgia, Warren County. Personally before the undersigned attesting officer comes, Alva L. Haywood, who, after being duly sworn, on oath deposes that he is the owner and publisher of the Warrenton Clipper, which is the official news organ of all legal advertisements published in Warren County, Georgia; that the notice of intention to apply for passage of local legislation, copy whereof as printed is hereto attached, was duly published in said newspaper on the following dates: 26th day of November, 1954 3rd day of December, 1954 10th day of December, 1954 17th day of December, 1954. /s/ Alva L. Haywood. Sworn to and subscribed before me, on the 21 day of Jan., 1955. /s/ Mrs. A. L. Rivers, N.P. Warren Co., Ga. Notary Public. Georgia, Warren County: Be it resolved by the Mayor and Council of the City of Warrenton, Georgia, that said City of Warrenton acting by and through the mayor and council, petition the Honorable Jack B. Ray, Representative from Warren County, Georgia, in the General Assembly for the State of Georgia, to introduce a bill in the General Assembly whereby the charter of the City of Warrenton shall be amended to allow the Chief of Police of the City of Warrenton to be elected by the Mayor and Council of the City of Warrenton and to allow the said mayor and council to prescribe the duties of said chief of police and give

Page 3222

said mayor and council power and authority to suspend and remove said chief of police from office. Resolution adopted. This the 1st day of November, 1954. James F. Clary, Mayor. R. D. Jackson, R. M. Coleman, R. H. Hall, E. J. Smith, Charles D. Kitchens. An Act to repeal an Act entitled, An Act to amend an Act, entitled, `An Act to amend the charter of Warrenton, Georgia, to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859, and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a Marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office,' approved, August 16, 1915; so as to provide for qualification of candidates for Marshal of the City of Warrenton, so as to provide for the election of a Marshal for the City of Warrenton by the Mayor and Commissioners of the City of Warrenton, fix his duties, and provide for his compensation. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that, An Act to amend an Act, entitled, `An Act to amend the charter of Warrenton, Georgia, to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859, and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a Marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office,' approved August 16, 1915; so as to provide for qualifications

Page 3223

cations of candidates for Marshal of the City of Warrenton, be and the same is hereby repealed in its entirety. Section 2. Be it further enacted by the authority aforesaid, that at the first meeting of the Mayor and Commissioners of the City of Warrenton in January 1955, and at the same meeting annually thereafter, the Mayor and Commissioners of the City of Warrenton shall elect a Marshal for the City of Warrenton, who may be chief of police, fix his compensation, and prescribe his duties, said mayor and commissioners shall have power and authority to suspend and remove said marshal, in their discretion. Notice of Intention to Apply for Local Legislation. Georgia, Warren County. Notice is hereby given by the Mayor and Council of the City of Warrenton, Georgia, that the City of Warrenton, Georgia, intends to apply for the passage of local legislation at the next session of the General Assembly of the State of Georgia, which convenes on 2nd Monday in January, 1955, by applying for passage of the following Act: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that, An Act to amend an Act entitled, `An Act to amend the charter of Warrenton, Georgia, to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12th, 1859, and the various Acts amendatory thereof, and especially Section 5, of said Act of 1859, as to provide for the election of a Marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office,' approved August 16th, 1915; so as to provide for the qualifications of candidates for Marshal of the City of Warrenton, be and the same is hereby repealed in its entirety. Section 2. Be it further enacted by the authority

Page 3224

aforesaid that at the first meeting of the Mayor and Commissioners of the City of Warrenton in January 1955, and at the same meeting annually thereafter, the Mayor and Commissioners of the City of Warrenton shall elect a Marshal for the City of Warrenton, who may be chief of police, fix his compensations, and prescribe his duties, said mayor and commissioners shall have the power and authority to suspend and remove said marshal, in their discretion. This the 1st day of November, 1954. James F. Clary, as Mayor of the City of Warrenton, Georgia. R. D. Jackson, as Clerk of the City of Warrenton, Georgia. Georgia, Warren County. Before the undersigned the attesting officer came Dewey Jackson, who, after being duly sworn, on oath deposes that he is Clerk of the Council for the City of Warrenton, Georgia and has been such clerk for the past several years. Deponent further says on oath that the notice of intention to apply for passage of local legislation, copy whereof as printed in the Warrenton Clipper, the official news organ of Warren County, Georgia is hereto attached. Same was duly published in said newspaper on the following dates: 26th day of November 1954, 3rd day of December 1954, 10th day of December 1954, 17th day of December 1954. /s/ R. D. Jackson, Clerk. Sworn to and subscribed before me, this 21 day of Jan., 1955. /s/ Mrs. A. L. Rivers, N.P. N.P. Warren co., Ga. Approved March 7, 1955.

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SWAINSBORO CHARTER AMENDED. No. 351 (House Bill No. 251). An Act to amend an Act creating a charter for the City of Swainsboro, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, so as to provide for the qualification of voters; to provide for permanent registration of voters; to provide for the removal of names from the registration list under certain circumstances; to provide for oaths; to provide that the city officials may pass ordinances relative to registration, voting, and elections; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Swainsboro, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Any person who has been a bona fide resident of said city for the six months immediately preceding the election, who is qualified to vote for members of the General Assembly, and who is properly registered, shall be entitled to vote at any election held in and for said city. Qualified voters. Section 2. Said Act is further amended by striking in its entirety Section 7 and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The mayor and council shall provide suitable books, cards, and other material for the permanent registration of voters of said city. Every person when registering shall take the following oath: `I do hereby solemnly swear that I am at least 18 years of age, or will be by the next city election; that I will have been a resident of the City of Swainsboro for the six months

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preceding the next city election on or before the date of such election; and am qualified to vote for members of the General Assembly.' The clerk shall be the registrar of the city. He is hereby given the authority to administer the above oath. Every person who desires to register must do so in person, and take the oath in person, and if such person is unable to write his name he must sign with his mark which must be witnessed by the clerk. No person registering shall be required to again register as a qualified voter of said city except as hereinafter provided, so long as he remains a resident of the city and does not otherwise become disqualified. In the event a person fails to vote for two successive annual elections, his name shall be removed from the registration list, and in order to be eligible to vote he must register again. Whenever an election is to be held for said city, the registrar shall close the registration records twenty days before such election. It shall be the duty of the registrar to make a list of the eligible voters for each election. The mayor and council are hereby authorized and empowered to provide by ordinances for additional rules and regulations relative to registration, voting, and other procedure connected with city elections. Any such ordinances must be enacted by the unanimous vote of the council and must have the concurrence and approval of the mayor. In addition thereto, in order to be effective, any such ordinances must be published in the official organ of the City of Swainsboro at least three months prior to any city election. Registration. Section 3. Said Act is further amended by striking in its entirety Section 8 and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Any person offering to vote in an election may be challenged, and when so challenged, the managers shall cause such person to take the following oath: `I do hereby solemnly swear that I am at least 18 years old; that I am a citizen of this State and have resided for the last six months in the City of Swainsboro; that I have registered in the City of Swainsboro to vote; and that I have not voted before during this election, so help me

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God.' No person challenged shall be allowed to vote if he refuses to take the above oath. Any person voting illegally at an election shall be liable to the same penalty which is prescribed by the laws of this State for illegal voting in State and county elections, and may be prosecuted for the same in the State courts having jurisdiction thereof. Challenges. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Emanuel County. The City Council of the City of Swainsboro. December 8, 1954. Notice is hereby given that application will be made at the next session of the General Assembly of the State of Georgia for the passage of the following bill: An Act to provide permanent registration of the voters of the City of Swainsboro and to provide for the striking from said permanent registration or deleting the name of any voter who fails to vote in two successive annual elections and to conform age of voting with State law. Said city charter and city code to be amended as may be necessary to put in force the provisions of said bill and to vest authority in said city officials the right and power to amend said city election laws by ordinance or enabling Act to carry out said provisions and any other provisions, laws or regulations for the good government of said city and to delegate to said city such powers as may be necessary for said purpose. The City Council of the City of Swainsboro. By: Ralph Smith, Mayor. State of Georgia, County of Emanuel. Before me, the undersigned officer authorized by law to administer oaths in and for said State and county, personally appeared Geo. L. Smith II, who after being

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duly sworn, deposes and says on oath that he is a member of the General Assembly from Emanuel 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 registration outlined in said bill has been published in the Swainsboro Forest Blade, 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 the 22nd day of January, 1955. /s/ Geo. L. Smith, II. Sworn to and subscribed before me, this the 22nd day of January, 1955. /s/ Florrie Mae Peebles Notary Public, Georgia, Emanuel County. My commission expires May 27, 1956. Notarial Seal Affixed. Approved March 7, 1955. NEWTON CHARTER. No. 352 (House Bill No. 522). An Act to amend the Act incorporating the City of Newton, in the County of Baker, in the State of Georgia, said Act being approved August 20, 1906; 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 provide the punishment of violators of the ordinances of said city; and to define the special powers and duties of the mayor; to provide for the election of a mayor and

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council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualification of voters and electors in said city, and for the qualifications of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decisions of city clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters' list and for a hearing on same; to provide for a city clerk and treasurer, a city marshal, attorney and other officers, their oaths, bond, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of the city ordinances, with or without warrant; to provide for the taking of appearance bonds, and for the forfeiture of the same; to provide for a city chaingang; to provide for appeals and certiorari from the police court and from the decision of the mayor and council in criminal cases; to require tax returns to be made by the citizens of said city and by persons owning property in said city; to provide for a board of tax assessors, their oaths; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions thereof; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the city and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said city and for sewage and drainage assessments,

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for the taking of property for sewage system, for the extension of such system, and for the making of sanitary lots; to authorize the city to maintain and operate a system of waterworks; to provide for the owning and operating of gas works and system; and any other public utility; to provide for the connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police laws; 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 the condemnation of water rights; to provide for control of sewers and pipes in said city; to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation, licensing and sale of intoxicating liquors and beverages when legally permissible; to provide for fire districts in said city and for fire regulations therein; to provide for vaccination, for the pest house and for the prevention of diseases; to provide for a city cemetery and its regulation; to provide for the power of the city to grant encroachments on public streets; to provide for a city prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said city, and for the advertisement and 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 provide for the regulation of vehicles and their speed in said city; to provide for the prevention of idleness and loitering; to provide for a city fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said city; to require building permits before any building or structure can be erected in said city; to provide for the condemnation of private property,

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within and without the city for public purposes; to provide for the issuance of bonds, for bond elections and for the levy and collection of tax to pay said bonds; to provide for the sale of city property by the mayor and council; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the charter of the City of Newton, approved August 20, 1906, is hereby amended by repealing Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, and be it enacted by authority of the same that said sections are hereby repealed, and be it further enacted by authority of the same in lieu thereof that the following shall be enacted and is hereby enacted by the authority aforesaid, so that when so enacted the complete charter of the City of Newton, as amended, shall by this Act be and appear as follows: Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Town of Newton, in Baker County, be incorporated under the name and style of the City of Newton, and under said name shall have the right to sue and be sued in any courts of this State, to plead and be impleaded, to have and use a common seal, and shall have the right to receive, purchase or hold any real or personal property within the limits of said city for corporate purposes, and shall succeed to all the rights and property, and to the debts and liabilities of the Town of Newton or of the town council thereof. Incorporation. Section 3. Be it further enacted, that the Mayor and Council of the Town of Newton shall upon the passage of this Act become the Mayor and Councilmen of the City of Newton, and said mayor and councilmen shall exercise all the privileges and duties and rights as such

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officers of said city until their successors are elected and qualified as hereinafter provided for. Incumbent mayor and councilmen. Section 4. Be it further enacted, that the corporate limits of said City of Newton shall extend one mile north, east and west from the courthouse in said city, and to the county line of Mitchell County on the south of said city. Corporate limits. Section 5. Be it further enacted, that the municipal government of the City of Newton shall consist of and be vested in a mayor and four councilmen, and said City of Newton and said Mayor and Councilmen for said City of Newton, and their successors in office, shall have the right of perpetual succession; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughterhouses, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, light, and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for the preserving of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe

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punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone but shall be construed to be in addition to all other powers and every other thing necessary or incident to government of incorporated cities and shall not conflict with any special power or authority given said government, but shall be construed as in addition to and in aid of such powers. Powers of mayor and council. Section 6. Be it further enacted, that the mayor shall be the executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept; to require such reports to be made by such officers to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper; to preside in the police court in the City of Newton, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violations of any ordinance of said city;

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and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police courts of contempt of the council by imposing such penalty or sentence as may be authorized by ordinance by resolution of the council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor's powers and duties. Section 7. Election of mayor and members of the council shall be by vote of the people and shall be held under the election regulations hereinafter prescribed on the first Saturday in January of each year. An election for Mayor of the City of Newton shall be held on the first Monday in January, 1956, and he shall serve for a period of two (2) years and until his successor has been elected and qualified. An election for Councilmen for the City of Newton shall be held on the first Monday in January, 1956. Two of said councilmen elected at said time receiving the highest number of votes shall serve for a period of two years and until their successors have been elected and qualified. The two receiving the next highest number of votes shall serve for a period of one (1) year, or until their successors have been elected and qualified, so that thereafter two (2) councilmen shall be elected each year and so that two experienced councilmen will at all times be in office. The regular meeting place of the mayor and councilmen shall be at the county courthouse in the City of Newton. The regular meeting time shall be on the first Monday in each month at eight o'clock, P. M., and any adjournment or special session thereof shall be at the county courthouse in the City of Newton. The terms of office of said mayor and councilmen shall begin on the Monday following their election and shall continue until their successors are elected and qualified. Before undertaking the duties of the office to which they have been elected the newly elected mayor and councilmen-elect shall meet at their regular meeting place in said city and then and there shall severally subscribe, before some person authorized to administer oaths, the following oath: I do solemnly swear that I

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will well and truly demean myself as mayor (or councilman as the case may be) of the City of Newton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God. Should the mayor or any councilmen 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 shall become vacant, the councilmen shall elect a mayor to fill out the unexpired term of said office, however, for a period not longer than the first Saturday in January following, at which time a mayor to fill out the said unexpired term shall be elected, and in the event of a vacancy in the office of councilmen the mayor and remaining councilmen shall elect a person to fill said vacancy, provided said person shall not be elected for a period longer than the first Saturday in January following, at which time a councilman to fill out the said unexpired term or terms shall be elected. Election of mayor and council. Their oath. Vacancies. Section 8. Be it further enacted, that should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Section 9. Be it further enacted, that elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Newton, shall be managed by three managers, whom the city council are authorized to designate, and any citizen of said city is eligible to be a manager who is eligible to be a manager of any election for members of the General Assembly, and may act as manager of said town election, and said managers, before entering on their duties, shall take and subscribe before a justice of the peace, or some 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 illegal voting, and prevent no

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one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally-sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at said county courthouse in Newton. The polls shall be opened at eight o'clock in the morning and close at six o'clock, P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any election and of any clerk that may be necessary in holding any election for their services in holding such election, but such pay or compensation shall not exceed the sum of five dollars per day for each such manager or clerk. Management of elections. Section 10. Be it further enacted, that the said managers shall certify two lists of voters and two tally-sheets and shall place one list of voters and one tally-sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Baker County, or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for mayor and councilmen, or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared under

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the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Section 11. Be it further enacted, that if the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Baker County within three days after said election, and upon the payment in advance by the contestant, or contestants, to said ordinary of ten dollars, the said ordinary shall within two days after he has received the same cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said ordinary shall cause notice to be served on the mayor of the city. Said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay to the sheriff, or his deputy, two dollars in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said result of election if contested; contestee may set up any crossgrounds of contest. The contest may be heard at the Baker County courthouse. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Contests. Section 12. Be it further enacted, that the mayor and councilmen at their first regular meeting in January, 1956, and annually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor, or for a vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath, until a mayor is elected as provided herein. Mayor pro tem. Section 13. Be it further enacted, that all persons qualified to vote for members of the General Assembly

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of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in the City of Newton thirty days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualified voters. Section 14. Be it further enacted, that no person shall be eligible for the office of mayor or councilmen of said city unless he shall be a freeholder owning real estate in said city and having resided in said city six months immediately preceding his election and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilman, unless such candidate shall file with the clerk of said city, ten days prior to the election in which he desires to be a candidate (legal holidays and Sundays excluded), his written notice that he desires that his name be placed on said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time above provided. Qualifications of mayor and councilmen. Section 15. Be it further enacted, that it shall be the duty of the clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day between the hours of nine o'clock, A. M. and four o'clock, P. M. (Sundays and legal holidays excluded), 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

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

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

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Section 18. Be it further enacted, that all persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, persons, to vote in such election and the decision of said board shall be final. Appeal from refusal to register. Section 19. Be it further enacted, that the board of registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration book, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such person or persons if they find such person or persons are disqualified to vote in said election for any cause. Purging of lists. Section 20. Be it further enacted, that at the first regular meeting of the mayor and councilmen in January

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1956, and annually thereafter, the mayor and councilmen shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of five hundred dollars for the faithful performance of his duties; a marshal who may be chief of police and as many policemen as in the judgment of the mayor and councilmen shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths, perform such duties and give such bonds as the mayor and councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Newton. Said mayor and councilmen shall have the power and authority to suspend and remove said officers, in their discretion, and it shall be the duty of the mayor and councilmen to fix the salaries of all officers, agents and employees of said city. However, the salary of the mayor of said city shall not exceed the sum of one hundred dollars a year; the salary or compensation of the councilmen of said city shall not exceed the sum of one hundred dollars per year; the salary or compensation of the clerk and treasurer of said city, who may be one and the same person, shall be fixed by the mayor and councilmen. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by an order drawn by the city clerk after the mayor and councilmen have allowed the same. The mayor and councilmen may, at any time, employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and councilmen, as above provided, in accordance with this Act. Clerk, treasurer, etc. Section 21. Be it further enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them. All ordinances authorized by this Act shall become effective when read three times at a regular session of the mayor and councilmen and passed by a majority vote.

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On all questions before said council the mayor or mayor pro tem., if he be presiding, shall be entitled to vote only in the case of a tie. The mayor shall have the veto power and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of all four councilmen on an aye and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent, within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Meetings of council. Section 22. Be it further enacted, that the mayor or in his absence or disqualification the mayor pro tem., or in the case of the absence of both the mayor and the mayor pro tem., any councilman of the City of Newton may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed $250.00, imprisonment in the city prison or in the county jail, having previously arranged with the county officers, not to exceed sixty days or to work on the streets inthe city chaingang, or such other public places as the mayor or acting mayor may direct, not to exceed sixty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chaingang shall not both be inflicted in any one case, and neither the punishment of confinement in the city or county jail, or that of a sentence to work in the city chaingang on the streets of said city shall be inflicted except as an

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alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police court. Section 23. Be it further enacted, that the mayor or mayor pro tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case and commit the offender or offenders to jail, or bail them, if the offense is bailable, by a justice of the peace under the laws of this State, to appear before the Superior Court of Baker County. Commitment. Section 24. Be it further enacted, that the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal or policemen of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinances of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Section 25. Be it further enacted, that it shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Baker County, for a reasonable length of time. It shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Newton, which violation takes place in the presence of the said marshal or policeman. The marshal and policeman of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their

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hands charging any person or persons with violating the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Newton; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to warrants signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the mayor or mayor pro tem. Arrests. Section 26. Be it further enacted, that the Mayor and Councilmen of the City of Newton shall have power to organize one or more chaingangs or work gangs and confine therein persons who have been sentenced by the police court of the City of Newton to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management, or control of said gang, and to enforce same through its proper officers. Prisoners. Section 27. Be it further enacted, that the mayor or the mayor pro tem., when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond and security for his appearance at the appointed time for trial 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

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pro tem., or acting mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Newton. Appearance bonds. Section 28. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to board of councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease his fine imposed by the mayor and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have right to certiorari to the Superior Court of Baker County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the superior court, and provided further the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceedings directly to the superior court. Appeals. Certiorari. Section 29. Be it further enacted, that all persons owning property in the City of Newton 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

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personal, subject to taxation by said city, as of April 1st of each year; and the books for recording same shall be open on April 1st and closed on June 1st of each year. Said property shall be returned by the proper owners on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 30. Be it further enacted, that the mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in June, 1955, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and councilmen shall fix the per diem compensation of said tax assessors, which shall not exceed the sum of three dollars per day for each tax assesor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. Tax assessors. It shall be the duty of said tax assessors to assess the value for all real estate and personal property subject to taxation in said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails to or refuses to make return of any of his, her or its real estate or personal property, as hereinbefore required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within thirty days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilmen. When their return is made,

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said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or doubled taxes assessed against their property five days before said hearing, stating 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. Assessments. Section 31. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and councilmen of said city. Provided, said appeal be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended by the appellant. Said appeal shall be heard by said mayor and councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and councilmen of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. Section 32. Be it further enacted, that the mayor and councilmen shall have power to provide for the collection of taxes on property subject thereto, which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Unreturned property. Section 33. Be it further enacted, that the mayor and councilmen of said city shall have power and authority

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to provide by ordinance when the taxes of said city shall fall due, and tax executions be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and the constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Payment. Executions. Section 34. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Newton and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bond and other evidence of debt, money used in banking and every other species of property in said city owned or held therein, in not exceeding two dollars and fifty cents ($2.50) on the hundred (100) dollars worth of taxable property, exclusive of taxes for public schools as now authorized by law; provided that the mayor and council shall have the right to increase the ad valorem tax not to exceed five dollars ($5.00) dollars on the hundred (100); and for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said city authorities and to provide for the payment of annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions herein, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to

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be used in lieu of a sinking fund, if said mayor and councilmen so desire. Ad valorem tax. Section 35. Be it further enacted, that the mayor and council of the City of Newton shall have full control over the streets, sidewalks, alleys and lands 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 Newton, and the grading of the same; to open up any street and alleys, and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Newton without compensation being made, the method of procedure for the condemnation of said property being the same as provided for in the laws of Georgia in condemnation proceedings. Said Mayor and Council of the City of Newton shall have full power and authority to remove or cause to be removed, any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares of said city. Upon failure of the person or persons placing such obstructions or nuisances to remove the same, an execution may be issued therefor in such manner as may be prescribed by ordinances. Said mayor and councilmen shall have full power and authority to regulate (except as such power may be restricted by existing general law) the use of the streets, sidewalks, and public grounds for signs, sign posts, awnings, telegraph, telephone poles, racks, and for carrying banners, handbills and placards on the streets and sidewalks, and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interference with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty (30) days after having been fully

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

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public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Other utilities. Section 38. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite or other combustible or explosive materials or substance within the limits of said city; and to regulate the use of lights in stables and shops and other places or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Dangerous things and substances. Section 39. Be it further enacted, that said mayor and councilmen shall have full power and authority to require any person or firm, company or corporation, whether non-resident in said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to said taxes, or take out said license for same, who engage in or attempt to engage in such business, or profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Business licenses. Section 40. Be it further enacted, that said mayor and councilmen shall have full power and authority to license

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billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of laying, gaming, or renting, all ten-pin alleys, nine-pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game or play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sums as they may by ordinance prescribe. Contorl of amusement places. Section 41. Be it further enacted, that said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city; define by ordinance their powers and privileges, revoke license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokers. Section 42. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all dealers in whiskeys, wines, beer, and other intoxicating liquors, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty parlors, all oil mills, ice works, laundries, waterworks, all opera houses, theaters, picture shows, drays, hacks, taxis, wagons, automobiles, and the like used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempt by laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, sideshows and all other shows or performances exhibiting in said city, and all persons, firms, companies, or corporations selling goods, wares, and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which

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under the Constitution and laws of this State are not exempt from licenses. Business licenses. Section 43. Be it further enacted, that at the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as town ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Newton, without having first procured such license and complied with all other requirements of said City of Newton, relating thereto, shall be guilty of a violation of the city ordinance provided for such license or tax, and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business within the City of Newton, requiring a license, prior to January first of any year, the mayor and councilmen shall add the sum of twenty percent of the total amount of such license to such license fee, as a penalty for failure to procure same before January first; and, if any person, firm or corporation shall, after January first of any year, commence, begin or engage

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in any business, within the City of Newton, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council shall then add the twenty percent penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification of all business, and to fix the license or taxes to be paid by the different classes of business, and all other rules and regulations necessary and proper in the premises. Section 44. Be it further enacted, that the mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Newton, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reason why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said mayor and council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding such license, or the firm or corporation holding same, may submit to the mayor and council whatever evidence he may desire touching upon the question for the revocation of such license. The decision of the mayor and councilmen of said city, revoking any such license, shall be final. Revocation of licenses. Section 45. Be it further enacted, that the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals, when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition

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thereto charge for the keep of such animals so impounded. Also when the owner or owners of such animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the mayor and councilmen. Animals. Section 46. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city, and when the power and authority granted by this section is exercised by the mayor and councilmen, it may be done whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Section 36-301 to 36-307, inclusive of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and councilmen shall have full power and authority to remove or cause to be removed any buildings, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Eminent domain. Obstructions. Section 47. Be it further enacted, that the City of Newton, by and through its mayor and council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in said City of Newton, and to improve any street, sidewalk, avenue, alley, lane or other public places, or any portion thereof in said city as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing, and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins, and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Improvements.

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Section 48. Be it further enacted, that one-half of the total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the sidewalk or portion thereof so paved, re-paved, improved or reimproved, and the other one-half of such cost shall be paid by said city; provided, however, that when said sidewalk in said city shall be paved, re-paved, improved, or re-improved along any street, avenue, alley, lane or public place which is unpaved the curbing of such sidewalk when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Sidewalks. Section 49. Be it further enacted, that two-thirds of the total cost of grading, paving, re-paving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, re-paved, improved, or re-improved, the other one-third of such costs to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, re-paved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving or re-improving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catch-basins, drain-pipes, including engineering, surveying and grading as may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places, and including storm, water drainage and culverts, shall be considered as a part of such paving or improving and the cost the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total costs of such paving or the improving and shall be assessed accordingly

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against the owners of abutting property as provided for in this Act; provided, however, the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Street improvements. Section 51. Be it further enacted, that said mayor and council of said City of Newton shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer-pipe connections to connect with and existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expenses of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Water, gas pipes, etc. Section 51. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places directly in front of such owner of abutting property so paved, repaved, improved or re-improved. Computation of assessment. Section 52. Be it further enacted, that said City of Newton by and through its mayor and council, may grade, pave, re-pave, improve or re-improve, widen, change or extend any of the sidewalks of said city, including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvement, and said mayor and the

Page 3259

council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places. It shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, re-paved, improved or re-improved in said city, where the said sidewalks are to be constructed along any unpaved street, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or re-improved in connection with the paving, re-paving, improving or re-improving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalks. Section 53. Be it further enacted, that no street, avenue, alley, lane or other public place in said city shall be paved, re-paved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said mayor and council shall have first been petitioned in writing to pave, re-pave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, re-paving, or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, re-paved, or otherwise improved. Paving ordinances. Section 54. Be it further enacted, that in determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in the interest of owners' undivided interest shall be counted as one person

Page 3260

provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Petition therefor. Section 55. Be it further enacted, that the ordinance authorizing the paving, re-paving, improving or re-improving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein in which the advertisements for sheriff's sales in Baker County are published, before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved, or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said mayor and council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinance. Said meeting may be held at the time for the regular monthly meeting of said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places or parts thereof, may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane or other public place or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person desired to make objections to the passage of such ordinances, full opportunity shall be given at such meeting and after hearing objections, if any are made, to the passage of such ordinance, said mayor and council shall have the right to order such paving, re-paving, or

Page 3261

other improvements to be made, or they may decline to pass such ordinance. After the passage of ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days therefrom begin legal proceedings to prevent said assessments from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment therein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessments as provided for in this Act. At any time after the passage of such ordinance that the mayor and council shall deem best they shall cause such improvements to be made. Procedure for adoption of paving ordinance. Section 56. Be it further enacted, that said mayor and council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of contracts and the provisions thereof; and the said mayor and council shall by ordinance provide that contractors shall execute to the City of Newton a good and sufficient bond, in an amount stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Newton, and all property owners interested, against any loss or damage by reason of the negligence or improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty (20) percent of the costs paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said mayor and council. Said ordinance shall also direct to mayor and clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notice shall be in such form as they may deem best, but shall state what,

Page 3262

if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where such sealed proposals shall be filed and when and where the same will be considered by the mayor and council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of Newton. The right is hereby expressly granted to the City of Newton to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the mayor and council shall examine all bids received, and without unnecessary delay award the contract to the lowest bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said mayor and council as prescribed in such ordinance and notice for proposals. The said mayor and council shall have the right to reject any and all bids and re-advertise for other bids when any such bid is not in its judgment satisfactory. Contracts for paving. Section 57. Be it further enacted, that as soon as the said contract is let the cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for work and materials) is ascertained, the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvement as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report shall have been returned and filed and the said mayor and council for said city

Page 3263

shall appoint time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the abutting on said improvements, and notice of such session for the said hearing shall be published by the said clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Newton, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have power to review and correct said appraisal and apportionment and hear objections to the same and to confirm the same either as made by said engineer or committee, or as corrected by said mayor and council. The said mayor and council shall thereupon by ordinance assess the cost of such improvements as provided in this Act. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior to and superior to all other liens against such lot or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lot or tracts for the assessment against any other abutting owner. Appraisal of costs. Hearing. Assessing ordinance. Section 58. Be it further enacted, that after the passage of the ordinance provided for in section next above of this Act a written statement shall be furnished by the Clerk of the said City of Newton to each abutting owner,

Page 3264

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 each agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owner or agent is a non-resident of said city it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last post office address of said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the clerk or by the marshal of said city. Notice and payment of assessments. Section 59. Be it further enacted, that if any person or persons, company or corporation shall fail or refuse to pay to the Clerk of said City of Newton, his, her or its assessment as required by this Act, at the expiration of thirty days after the service of the statement as provided in the preceding section, said clerk will be authorized to issue executions bearing teste in the name of the mayor and council of said city and specifying the improvement for which it is issued against the owner and also the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings

Page 3265

as in the case of sales for city taxes the same shall be sold at public outcry to the highest bidder; and such sales shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 and Acts amendatory thereof, and said marshal shall have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. Executions. Section 60. Be it further enacted, that the marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser of the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said city before said transfer and the city shall allow the use of its machinery of government for the collection of said executions. Transfer and assignment of assessments. Section 61. Be it further enacted, that the passage of the ordinance for paving, re-paving, or otherwise improving the streets, sidewalks, alleys, lanes or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Court of Baker County Georgia, under the general registration laws of this State. Lien of assessments. Section 62. Be it further enacted, that any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has 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

Page 3266

shall be received for the balance), provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Baker County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the superior courts of this State. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatsoever, the mayor and council may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Illegalities. Section 63. Be it further enacted, that whenever the abutting land owners of any street, avenue, alley, lane or other public petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this Act for and on behalf of the State; and where the county is the owner, the Commissioners of Roads and Revenues of said Baker County is authorized to sign on behalf of the county, and

Page 3267

where the City of Newton is the owner the mayor of said city is authorized to sign for and in behalf of the said city. Section 64. Be it further enacted, that the Mayor and Council of the City of Newton are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay prorata part, as designated in this Act, or the expense of paving, re-paving, improving, or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paying or improving of street intersections and for the payment of the assessments against said city, as provided for in this Act, for which the city would be liable by reason of being the owners of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said mayor and council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bond elections. Section 65. Be it further enacted, that if the said mayor and council shall deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different

Page 3268

tracts of land so assessed for the paving, re-paving or other improving of the streets, alleys, lanes and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven percent per annum until paid. Installment payment of assessments. Section 66. Be it further enacted, that in the event that the mayor and council provide in said assessment ordinance for the paving, re-paving or otherwise improving of said streets, lanes, alleys, or public places in said assessments against the property abutting on said streets, alleys, lanes or other public places so improved, or re-improved shall be paid in ten equal installments, the first installment of said assessment, to be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amount remaining unpaid shall be payable on the first day of September of each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of said property assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within such period of thirty days to the Treasurer of the City of Newton. Same. Section 67. Be it further enacted, that in the event the said mayor and council deem it fitting and proper and so provide the assessments against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessment, and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 57 thereof, where provision is made declaring such street improvement assessments to constitute a lien

Page 3269

against property so assessed when no provision is made for the payment of such assessment in installments. Same. Section 68. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, re-paving or otherwise improving of said streets, lanes, alley or public places in said city, that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or re-improved shall be paid in ten equal installments, the said mayor and council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessment ordinance, for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said mayor and council may determine, which bond or bonds shall in no event become a liability of the Mayor and Council, or the City of Newton issuing the same. One-tenth in the amount of any such series bonds, with the interest upon the whole series to date, shall be payable on the fifteenth day of October next-succeeding year until all shall be paid. Such bonds shall bear their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets, or parts of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of prorata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the

Page 3270

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

Page 3271

of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Marshal or Chief of Police of the City of Newton, or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement; and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Same. Section 70. Be it further enacted, that if the said City of Newton 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 council 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 referring the question to the qualified voters of said city and without the necessity of any election to decide such question. City's share. Section 71. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to establish, construct, and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains

Page 3272

and public sewers, private water closets, privies and the like in said city with full power to prescribe the location, structure, use 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 structure already in existence, or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading, or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage. Section 72. Be it further enacted, that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right-of-way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening, or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Easements therefor. Section 73. Be it further enacted, that said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation; except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best.

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Section 74. Be it further enacted, that for the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sewerage and drainage beyond limits. Section 75. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than twenty-five feet front; and no business lot shall be less than twenty-five feet front; and provided further; the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitation. Section 76. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Newton are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the

Page 3274

authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drains, also over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and ground, 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 77. Be it further enacted, that the mayor and councilmen shall have full power and authority to contract for or condemn any water rights, land or premises without or within the city for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn therein granted be exercised, all proceedings shall be used under the provisions of Section 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. Eminent domain. Section 78. Be it further enacted, that said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, water closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of water closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance.

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They shall also have the power and authority to compel the owner to connect water closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers and; under such regulations and rules as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any water closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections and assess the cost of said connection and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution issued may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of an outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if said owner should fail to remove the same after having been given reasonable notice so to do, the mayor and councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is authorized to issue an execution for the expense of such removal, against such owner. Said mayor and councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenince or well-being of the inhabitants of said city. Sewers, water closets, etc. Section 79. Be it further enacted, that the mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of

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health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts of negligence caused such nuisance, or the party owning such property upon which same may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Section 80. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lot or cellars be filled or drained to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lot or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirement of said mayor and councilmen, by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen, to have this work performed and the amount expended in doing so collected by executions, and the sale under such execution shall pass the title to the property. Drainage of lots and cellars. Section 81. Be it further enacted, that said mayor and councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 82. Be it further enacted, that the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous,

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vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen shall have full power and authority to abate as a nuisance any place in the city when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger or place where spirituous, vinous, malt or intoxicating liquors are sold, (unless the person or persons operating such places are duly and legally authorized and licensed to operate said place or places according to law) and to arrest the offender, or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and councilmen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 83. Be it further enacted, that said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Newton and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed, to change all things that may be deemed necessary to protect said city as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove the said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove

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the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire protection. Section 84. Be it further enacted, that said mayor and councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to comel 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. Infectious diseases. Section 85. Be it enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, 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 86. Be it further enacted, that the mayor and councilmen of said city shall have power to grant franchises, easements, and right-of-way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. Franchises, easements, etc.

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Section 87. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said city shall be sufficient authority to his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Arrests. Section 88. Be it further enacted, that the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of official conduct. Section 89. Be it further enacted, that the mayor and councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee-bill. Section 90. Be it further enacted, that the mayor and councilmen shall provide a city prison which shall be safe and suitable for the keeping and detention of ciyt prisoners and convicts and may appoint a custodian for same. The mayor and councilmen may contract with the proper authorities of Baker County for the use of the common jail of said county for this purpose. Prison. Section 91. Be it further enacted, that said mayor

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and councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Immoral conduct, etc. Section 92. Be it further enacted, that the mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy-houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. House of ill fame, etc. Section 93. Be it further enacted, that all executions in favor of the City of Newton for the enforcement and collections of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the clerk and bear teste in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city and shall state for what issued and be made returnable to the Mayor and Councilmen of the City of Newton 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 sheriffs' or constables' sales, and to be made under the same rules and regulations as govern sheriffs' sales and constables' sales or 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

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the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus a premium of ten percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Newton and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Section 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been credit for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make the City of Newton, a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the marshal, or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of highest bidder in such manner as may be prescribed by the ordinances of the City of Newton. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriffs and constables of this State, and

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the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Levy and sale. Section 94. Be it further enacted, that said mayor and councilmen shall by ordinances provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of Newton now in force prescribing the form of warrants, accusations, and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Accusations, affidavits, etc. Section 95. Be it further enacted, that said Mayor and Councilmen of the City of Newton shall have power and authority to acquire, on behalf of the City of Newton by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city for said purpose. Parks. Section 96. Be it further enacted, that the Mayor and Councilmen of the City of Newton shall have the power and authority to adopt and enforce ordinances for said city to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council impedes or hinders travel and traffic in said city. If, after reasonable notice to the owners

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of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 97. Be it further enacted, that the Mayor and Councilmen of the City of Newton shall have full power and authority to pass all laws and ordinances that may be considered necessary for the peace and good order, health, prosperity, comfort and security of said city, and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties, as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations, provided said laws, ordinances, regulations and rules are consistent with the laws of this State. General welfare powers. Section 98. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from 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 99. Be it further enacted that the mayor and

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councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Idleness, loitering. Section 100. Be it further enacted, that in case the mayor or a councilman while in office shall be guilty of malpractice and willful neglect in office or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment. Section 101. Be it further enacted, that it shall be the duty of the Mayor and Councilmen of said City of Newton to provide protection from fire and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire department. Section 102. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within the 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 103. Be it further enacted, that the mayor and councilmen of said city may cause to be codified all ordinances of said City of Newton, together with this Act, into one book to be known as The Code of the City of Newton, 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 Baker County, Georgia, for recording deeds. Said mayor and councilmen may adopt such code, as the Code of the City of Newton; and said code shall be admitted in evidence in any of the courts of this State upon certificate of the Clerk of the

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said City of Newton certifying the same to be the code of ordinances and laws of said town. City code. Section 104. Be it further enacted, that said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said city unless such building, house or structure permit is obtained, and to provide for the punishment of violators of such rules, regulations and ordinances. Building permits. Section 105. Be it further enacted, that the Mayor and Councilmen of said City of Newton shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas or sewer line or sewerage disposal plant, for sites for building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for

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condemnation of private property by towns and cities as contained in Georgia Code of 1933, Sections 36-301, et seq. Eminent domain. Section 106. Be it further enacted, that the Mayor and Councilmen of the City of Newton shall have the power and authority to issue bonds for and in the name of said city for the following purposes, to wit: For purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping and maintaining waterworks; water supply system, sewers and sewer system, disposal plants, electric, power and gas systems, and services, and electric light system; for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire fighting equipment, and facilities, and for any and all public uses and purposes that may be needed for said city. Bonds. Section 107. Be it further enacted, that, before any proceedings toward the issuing of bonds for any of the purposes named in the preceding section, the mayor and councilmen shall prepare or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of costs showing location, extent, costs and other information, all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications, and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Section 108. Be it further enacted, that before any bonds of said city shall be issued for any of the purposes named in this charter, the mayor and councilmen of said city shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof,

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and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for publicity public notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by mayor and councilmen; provided, always that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of the issuing of bonds at any election called for by said mayor and councilmen as hereinbefore provided, then and in such event said city's mayor and councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said mayor and councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the mayor and clerk of said city. Bond elections. Section 109. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 110. Be it further enacted, that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan

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or loans, and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for this purpose. Loans. Section 111. Be it further enacted, that said city, by and through its mayor and council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate same, to prescribe, revise, fix and collect rates, fees, tolls and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to finance the cost of construction and operation of same and to exercise all powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State and Acts amendatory thereof. Revenue-producing projects. Section 112. Be it further enacted, that all ordinances heretofore adopted by the Mayor and Councilmen of the City of Newton and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia, or the Constitution of the United States, shall remain in full force and effect, provided, that said Mayor and Councilmen of said City of Newton may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 113. Be it further enacted, that the mayor and council of said city shall have the power and authority to sell any property belonging to the said city and which shall become unnecessary and useless for city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and council either in regular or special session, which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest and best bidder for cash on the regular sales day

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on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hour of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by sheriffs. Sale of city property. Section 114. Be it further enacted, that in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared, or ruled illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Newton any powers or authorities in excess of any such permitted by the Constitution and laws of Georgia, or the United States, then such powers or authorities given shall be construed to extend just so far as possible not to exceed the said authority of the General Assembly. Section 115. Be it further enacted, that the provisions of this charter shall become effective and in full force immediately after said charter is approved. Section 116. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. There will be introduced in the General Assembly of Georgia, 1955, which convened January 10, 1955, an Act to amend, renew, consolidate and supersede the charter of the City of Newton, approved August 20, 1906, and all amendments thereto, to create a new charter for said municipal corporation, provide for a municipal government, to provide for the powers thereof, to provide for a mayor and council, to define their duties and powers,

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and for other objects and purposes within the legitimate purview of municipal corporations. This January 17, 1955. L. Cotton, Representative, Baker County, Georgia. S. H. Sheffield, Mayor of the City of Newton. Georgia, Calhoun County: I, L. T. Swain, being first duly sworn, on oath says: that I am editor and publisher of the Tri-County Courier, a weekly newspaper and official organ of Baker County, Georgia, in which sheriff's advertisements are published in and for Baker County, Georgia, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated January 21st, January 28th, and February 4th, 1955. /s/ L. T. Swain L. T. Swain. Sworn to and subscribed before me, this 4th day of February, 1955. /s/ Sybil M. Majors, Notary Public. My com. expires Nov. 8, 1958. N. P. Seal affixed. Approved March 7, 1955. WHITFIELD COUNTY TAX COMMISSIONER. No. 353 (House Bill No. 210). An Act to repeal an Act entitled An Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County, Georgia; to create the office of Tax Commissioner

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of Whitfield County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provision of this Act shall become effective shall be of full force and effect as to the Tax Commissioner of Whitfield County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officers; to provide for reports to the State; and for other purposes., approved February 5, 1953 (Ga. Laws 1953, Jan.-Fed. Sess., p. 2124); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County, Georgia; to create the office of Tax Commissioner of Whitfield County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act shall become effective shall be of full force and effect as to the Tax Commissioner of Whitfield County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officers; to provide for reports to the State; and for other purposes., approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2124), is hereby repealed in its entirety. Act of 1953 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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AFFIDAVIT OF PUBLICATION. This is to certify that the attached is a true and exact copy of a legal notice published on local legislation in regard to introducing a bill to abolish the office of Tax Commissioner for Whitfield County. The advertisement appeared in three consecutive issues of The Dalton Citizen, official organ of Whitfield County, Ga., on December 23, 30, and January 6. /s/ Mark Pace, Mark Pace, Editor. /s/ L. A. Lee, L. A. Lee, Publisher. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill to abolish the office of Tax Commissioner for Whitfield County; and for other purposes. This 20th day of December, 1954. Harlan Houston, Seat No. 1. Harvey G. King, Jr., Seat No. 2. Representatives, Whitfield County. Approved March 7, 1955. GORDONLICENSING OF MOTOR VEHICLES. No. 354 (House Bill No. 218). An Act to amend an Act entitled An Act to create and establish a new charter for the City of Gordon, to declare the rights, powers and privileges of said corporation, and for other purposes. approved August 21, 1916 (Ga. Laws 1916, pp. 1717-1741), as amended, so as to provide for licensing motor vehicles owned by

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residents of the City of Gordon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 29 of the bill entitled An Act to create and establish a new charter for the City of Gordon, to declare the rights, powers and privileges of said corporation, and for other purposes. approved August 21, 1916 (Ga. Laws 1916, pp. 1717-1741), as amended, is hereby amended by adding at the end of said section a new Subparagraph 16 which shall read as follows: 16. To license or regulate by city ordinance all motor vehicles owned and operated by residents of the City of Gordon, and to charge a reasonable fee for said license. Motor vehicles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. In compliance with Code Section 47-801 of the Code of Georgia, notice is hereby given that I will introduce legislation at the next session of the Georgia legislature to amend the charter of the City of Gordon, Ga. so as to provide that said city shall have authority to levy a license and/or registration fee on all motor vehicles owned by residents of that city. This January 4th, 1955. A. T. Land, Representative, Wilkinson County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Land, who, on oath, deposes and says that he is Representative from Wilkinson County, and that the attached copy of

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Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of Wilkinson County, on the following dates: January 4, January 11 and January 18, 1955. /s/ A. T. Land, Representative, Wilkinson County. Sworn to and subscribed before me, this 24 day of Jan., 1955. /s/ Frances Y. Read, Notary Public. Fulton Co. Approved March 7, 1955. MUNICIPAL COURT OF SAVANNAHAMENDMENTS. No. 355 (House Bill No. 320). An Act amending the Act creating and establishing the Municipal Court of Savannah in the City of Savannah, Chatham County, Georgia, approved August 13, 1915 and the several Acts supplementary and amendatory thereto, including the Act approved August 20, 1927 and the Act approved March 27, 1937, by changing the title of bailiff and deputy bailiffs of said court to sheriff and deputy sheriffs; by providing for service of suits, attachments and like processes at least five days before the first day of the term to which they are returnable; by giving the court jurisdiction to try and make final disposition of peace warrants and good behavior warrants originating in said court; by repealing the right of appeal to the other two judges in cases of one hundred dollars or under, by repealing all laws and parts of laws in conflict with or inconsistent with the provisions of this Act.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act creating and establishing the Municipal Court of Savannah, Chatham County, Georgia, approved August 13, 1915, and the Acts amendatory thereof and supplmentary thereto including especially the Act approved August 20, 1927, and the Act approved March 27, 1937, be and the same are hereby altered, amended and revised as follows: Section 2. Be it further enacted by the authority aforesaid that Sections 16 and 17 of the Acts of the General Assembly of Georgia, approved August 13, 1915, be and the same is hereby amended by repealing and striking the words bailiff and deputy bailiff and enacting and substituting therefor the words sheriff and deputy sheriff, so that from and after the passage of this Act said officers shall have the title and be known and designated as Sheriff and Deputy Sheriffs of the Municipal Court of Savannah, and all of the duties, obligations, powers, and authority conferred upon the bailiff and deputy bailiffs of said court by said Act and the Acts amendatory thereto are by this Act conferred upon, vested in and binding upon the sheriff and deputy sheriffs of said court. Sheriff and deputies. Sheriff and deputies. Section 3. Be it further enacted by the authority aforesaid that Section 6 of the Act of the General Assembly approved March 27, 1937, (Ga. Laws, 1937, pp. 1208, 1209), be and the same is hereby amended by repealing and striking the words and shall be served at least seven days before the first day of said term, and enacting and substituting for the words so stricken and repealed the words and shall be served at least five days before the first day of said term, and further amended by adding after the word proceeding in the last line of said section the words superior courts of the State and/or, so that said section as amended, shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the term of said court shall commence on

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the first Tuesday of each month and each term shall continue from day to day, but not to run longer than the Monday preceding the commencement of the succeeding term. Suits shall be filed at least 10 days before the first day of the term to which they are returnable and shall be served at least five days before the first day of said term. Answers to garnishments may be filed at any time during the first week of the term at which said garnishments are answerable. All summons, executions, warrants, writs and proceedings of any kind issuing from said municipal court shall be issued in the name of the chief judge, and signed by the clerk or deputy clerk of said court; all executions, warrants, writs, and summary processes of any kind issuing from said municipal court shall be directed to all and singular the sheriff and his lawful deputies of said municipal court, and all and singular the sheriffs and deputy sheriffs of this State, and shall be executed as is now provided by law for proceedings in superior courts of this State and/or in justices' courts. Terms. Service of suits, etc. Section 4. Be it further enacted by the authority aforesaid that from and after the passage of this Act, the Municipal Court of Savannah, in addition to the criminal jurisdiction now conferred upon it by the Act of General Assembly of Georgia, approved August 13, 1915, and the amendatory and supplementary Acts thereto, shall have jurisdiction to try and make final disposition of peace warrants and good behavior warrants originating in said court. Peace and good behavior warrants. Section 5. Be it further enacted by the authority aforesaid that Section 5 of the Act establishing the Municipal Court of Savannah, approved August 13, 1915 (Ga. Laws 1915, pp. 126, 127) be and the same is hereby stricken and repealed in its entirety and the following enacted and inserted in lieu thereof: Section 5. Be it further enacted by the authority aforesaid that there shall be a right of appeal to a jury in the Municipal Court of Savannah in all cases where the principal sum in controversy, exclusive of interest,

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does not exceed one hundred dollars, and in trover and in bail-in-trover proceedings in which the value of the property sued for, exclusive of hire, does not exceed the sum of one hundred dollars. The jury to be selected and empanelled as provided in justices' courts as of August 15, 1915, except that jurors are eligible to serve if they reside in Chatham County, Georgia, and have been selected by the jury commissioners of Chatham County for jury services in the superior court in said county. Jurors shall receive for their service in the Municipal Court of Savannah the same compensation as provided by law for jury services in the superior court of said county. In addition to the other costs to be taxed by the court, the court shall tax against the losing party in appeal cases the sum of three dollars in each case tried by a jury. The party appealing is required to deposit said sum with the clerk of said court and if the party appealing prevails said amount shall be taxed against the losing party as a part of the costs of the case, and if collected shall be returned to the party depositing the same, after all costs have been paid. Jury trials. Section 6. Be it further enacted by the authority aforesaid that any and all laws affecting the Municipal Court of Savannah in conflict and inconsistent 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, Helen Pope, 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

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Notice of Introduction of Local Bills. Notice to the public is hereby given that there will be introduced to the regular 1955 term 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 dollars civil jurisdiction of said court; by changing the title of bailiff and deputy bailiffs to sheriff and deputy sheriffs of said court; to provide for service of suits, attachments and like processes at least five days before the first day of the term to which they are returnable; by giving the court jurisdiction to try and make final disposition of peace warrants and good behavior warrants originating in said court; by repealing the provisions of the present law which provides an appeal to the other two judges of the said court in cases under-a-hundred dollars; and, by repealing all laws and parts of laws in conflict with the provisions of this amendatory Acts. This 30th day of December, 1954. Washington Falk, Clerk, 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 Dec. 30, 1954, Jan. 6-13-1955. /s/ Helen Pope. Sworn to and subscribed before me this 13th day of January, 1955. /s/ Flournoy J. Mulling Notary Public, Chatham County, Ga. (Seal) Approved March 7, 1955.

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VALDOSTATAXATION. No. 356 (House Bill No. 265). An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, approved November 21, 1901 (1901 Ga. Laws, pp. 670 to 688, inclusive), and Acts amendatory thereof; to amend and revise the provisions of said charter relating to the clerk of the board of tax appraisers of said city, the quorum and duties of said board, the filing of annual tax returns, the making of assessments by said board, the giving of notices of such assessments, the hearings before said board regarding such assessments, and appeals to arbitration from decisions of said board, set forth in Sections 32, 33, 33a, 33b and 33d of said charter as heretofore amended, by repealing said sections and by enacting and inserting in lieu thereof new sections in those regards to be known as Sections 32, 32a, 33, 33a, 33c and 33d; to provide for the assessment and collection of penalties for failure to make annual tax returns as required by said charter as amended; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city (Ga. Laws 1901, p. 670 et seq.) approved November 21, 1901, and Acts amendatory thereof, be and the same hereby is amended in the particulars hereinafter set forth. Section 1. Section 32 of said charter is hereby repealed and stricken and there is enacted and inserted in lieu thereof a new section to be known as Section 32 reading as follows: Section 32. Quorum and clerk of board of tax appraisers . A majority of said board of tax appraisers shall

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constitute a quorum. The clerk of the city shall be also the clerk of said board and shall perform such duties in that regard as are required of him by law or by the mayor and council of said city. Section 2. There is enacted and inserted into said charter, immediately following Section 32 thereof, a new section to be known as Section 32a, reading as follows: Section 32a. Annual tax returns . Books for the return of property for taxation shall be opened by the clerk on the first day of February each year or on such earlier date as the mayor and council may by resolution fix, and every person, firm or corporation who, on January first of any such year, shall own or hold in his, her or its own right or in behalf of others any property, real or personal, subject to taxation by the city shall make under oath and file with the clerk during the time said books are open for such year a full, complete and true return of said property for taxation. Said return shall be made upon appropriate forms to be furnished by said clerk. Section 3. Section 33 of said charter is hereby repealed and stricken and there is enacted and inserted in lieu thereof a new section to be known as Section 33 reading as follows: Section 33. Correction of returns and assessments by appraisers . It shall be the duty of the said tax appraisers to carefully scrutinize each such return. If, in their judgment, they determine that any property embraced in such return is returned at a value below or above the fair market value thereof, said appraisers shall assess the same at its fair market value and correct said return accordingly. If said appraisers determine that any such return is incomplete and that the person, firm or corporation making the same owned or held on January 1st of the year with respect to which such return is made any property which is subject to taxation by the city and which has not been returned for such taxation during the period said books are open for such year, the said appraisers shall assess such property for taxation in that

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year at its fair market value and shall add the same to such return or make and file for such person, firm or corporation a separate return of such unreturned property. Section 4. Section 33a of said charter is hereby repealed and stricken and there is enacted and inserted in lieu thereof a new section to be known as Section 33a reading as follows: Section 33a. Assessment where no return is filed . Should any person, firm or corporation required by Section 32a hereof to make and file a return fail to file such return within the time prescribed by said section, the said appraisers shall prepare and file such return from the best information available to them and shall assess the property held or owned by such person, firm or corporation on January 1st of the year in which such return was due at the fair market value thereof. Section 5. Section 33b of said charter is hereby repealed and stricken and there is enacted and inserted in lieu thereof a new section to be known as Section 33b reading as follows: Section 33b. Penalty for failure to return . Should any property which is subject to taxation by the city on January 1st of any year not be returned for taxation as above required on or before April 1st of that year, said property and the owner thereof shall be subject to a penalty to be assessed by said appraisers in an amount equal to ten percent (10%) of the taxes assessed for that year by the city against such unreturned property. Said penalty shall bear interest and be treated and collected as a part of the taxes assessed for that year against said property. Section 6. Section 33c of said charter is hereby repealed and stricken and there is enacted and inserted in lieu thereof a new section to be known as Section 33c reading as follows: Section 33c. Notice of assessment at variance with or

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in absence of return . Upon assessing any property for taxation at a valuation different from the value assigned to it by a return duly filed, or upon assessing any property for taxation which is not returned for taxation in the manner hereinabove prescribed and within the period the books of the city are open for the return of property for taxation, the board of tax appraisers shall give written notice of such assessment to the owner of such property and shall afford such owner or such owner's representative an opportunity to appear before the board of appraisers, within such time (not less than ten days) as shall be stated in such notice, and show cause, if any there be, why said assessment should not stand. The decision of the board at any such hearing shall be final with regard to the valuation of the property unless such owner resorts to arbitration as prescribed by Section 33d hereof. The forwarding of such notice by regular United States mail with postage prepaid and addressed to such owner according to the address appearing upon such owner's return or if none appears or no return was filed then addressed to such owner according to the best information reasonably available to the board, shall be deemed and held to be sufficient compliance with the requirements of giving such notice; Provided, however, that should such notice be returned by the postal authorities on account of incorrect or inadequate address or other similar cause, such notice shall be posted for a period of ten days upon a suitable billboard in the lobby or a public corridor of the city hall; and provided further that should the address and whereabouts of the owner be unknown said notice shall be so posted in the first instance in lieu of mailing the same. Section 7. Section 33d of said charter is hereby repealed and stricken and there is enacted and inserted in lieu thereof a new section to be known as Section 33d reading as follows: Section 33d. Arbitration . Any owner of property which has been assessed for taxation in the absence of a return thereof or at a valuation in excess of the value assigned to it when returned, who appears before the

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board of appraisers in response to the notice prescribed by the next preceding section and who is dissatisfied with the decision of said board, may submit the matter to arbitration by serving upon any member or said board a written notice of such owner's intention to arbitrate the matter, provided said notice is so served within two weeks after said board has made known to such owner its decision. Such notice shall identify the property with respect to which arbitration is sought, and shall name one arbitrator selected by such owner to act in such arbitration. Thereupon it shall be the duty of the board to select one such arbitrator and notify said owner of its selection within ten days after receiving the said owner's notice. The arbitrators thus selected shall then proceed promptly to select a third, and a decision shall be made by a majority of said arbitrators and promptly reported to both the board and said owner. Such decision of the arbitrators shall be final. Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 9. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage of this Act and a certificate of the publisher of The Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published, certifying that said copy is true and correct and that the same has been published as provided by law. Notice of Intention to Apply for Local Legislation: To Whom It May Concern: Notice is hereby given that application will be made to the 1955 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Valdosta, which bill shall be entitled as follows: A bill entitled: An Act to amend the charter of the City of Valdosta as set forth in the Act of the General

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Assembly of Georgia incorporating said city, approved November 21, 1901 (1901 Ga. Laws, pp. 670 to 688, inclusive), and Acts amendatory thereof; to amend and revise the provisions of said charter relating to the clerk of the board of tax appraisers of said city, the quorum and duties of said board, the filing of annual tax returns, the making of assessments by said board, the giving of notices of such assessments, the hearings before said board regarding such assessments, and appeals to arbitration from decisions of said board, set forth in Sections 32, 33, 33a, 33b and 33d of said charter as heretofore amended, by repealing said sections and by enacting and inserting in lieu thereof new sections in those regards to be known as Sections 32, 32a, 33, 33a, 33c and 33d; to provide for the assessment and collection of penalties for failure to make annual tax returns as required by said charter as amended; and for other purposes. B. Lamar Tillman, City Attorney. Georgia, Lowndes County. I. E. L. Turner, do hereby certify and on oath depose and say that I am the publisher of The Valdosta Daily Times which is the newspaper in which sheriff's advertisements for Lowndes County, Georgia, are published; that the attached and foregoing instrument entitled Notice of Intention to Apply For Local Legislation is a true and correct copy of a notice which was published in said newspaper once a week for three weeks during the month of December, 1954, namely: on the 17th, 24th and 31st days of said month; and that said notice has been published as provided by law and as prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ E. L. Turner.

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Sworn to and subscribed before me, this 18th day of January, 1955. /s/ Hazel Pollard Notary Public, Lowndes County, Georgia. Notary Public, Lowndes County, Ga. My commission expires March 15, 1955. (Seal) Approved March 7, 1955. WARREN COUNTY COMMISSIONER'S CLERK. No. 359 (Senate Bill No. 63). An Act to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Ga. Laws 1925, pp. 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949 (Ga. Laws 1949, pp. 130, 131, and 132) and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. Laws, pp. 2076, 2077, and 2078), by striking from Section 5 thereof the figures $750.00 and inserting in lieu thereof the figures $900.00; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925, (Ga. Laws 1925, pp. 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949, (Ga. Laws 1949, pp. 130, 131, and 132) and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. Laws, pp. 2076, 2077, and 2078) be and the same is hereby amended by striking from Section 5 thereof the figures $750.00 and

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inserting in lieu thereof the figures $900.00, so that said Section 5 when so amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid that the annual salary of said commissioner shall be $2760.00 to be paid monthly by warrants on the county treasurer and signed as other warrants, and he shall also be allowed the sum of $750.00 as expense account for automobile, gasoline, oil, etc., to be paid similarly, and he is authorized to pay a clerk out of the county funds a sum not exceeding $900.00 a year, to be paid monthly by warrants on the county treasurer drawn and signed as other warrants are drawn and signed. Commissioner's salary and expenses. Clerk. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Section 3. Affidavit of the legal advertisement of this local Act is attached hereto and made a part of this Act and reference is made to said affidavit. Affidavit of publication attached to enrolled copy. Approved March 7, 1955. LILBURN CHARTER. No. 360 (House Bill No. 341). An Act to incorporate the community in Gwinnett County, Georgia, known as Lilburn, to be incorporated under the name of City of Lilburn, to define the name, style and corporate limits of said city; to define the powers and authority of said municipality; to provide for the election of mayor and councilmen and fix terms of office, their authority, powers, duties and salaries; to provide for the naming of a mayor and councilmen until an election is held; to provide for the filling of vacancies; to provide for the hiring of city employees

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and fixing their salaries and duties; to provide for rules and regulations for voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and who shall preside therein; to provide for bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc., to provide how public property belonging to said municipality may be sold; to provide for the granting of franchises by said municipality; to provide the manner for improving and working roads, streets and sidewalks, and the assessment of costs therefor; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipalities to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas, sewerage. and electric distribution systems for said municipality and surrounding territory; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the inhabitants of the territory hereinafter described, be, and they are hereby incorporated under the name and style of the City of Lilburn, 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 the said City of Lilburn, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as the mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said City of Lilburn shall be able in law to purchase, hold, receive, enjoy, possess and retain in fee simple,

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or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of any kind or nature whatsoever, within the limits or without the limits of said city, for corporate purposes. The mayor and council may in like manner use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property hereinafter acquired by said city. Provided, that no public utility such as water system, gas system, electric distribution system, or any property used in connecting therewith and necessary for the maintenance of the same owned or controlled by the City of Lilburn shall ever be sold, leased or otherwise disposed of unless the contract for such sale, lease or other disposition shall have at first been assented to by two-thirds of the qualified voters of the city at an election held for that purpose as other city elections are held. Incorporation. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said City of Lilburn shall extend in a circle of one and one-fourth of a mile in every direction from the intersection of Main and Lula Streets in the City of Lilburn. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Lilburn shall consist of a mayor and four councilmen. The first Mayor and Councilmen of said City of Lilburn shall be the following named persons who shall continue in office until their successors are elected and qualified as hereinafter provided, and they shall have and exercise all the rights, powers and duties hereby conferred on the Mayor and Council of said City of Lilburn: O. B. Rowell is hereby named Mayor of said City of Lilburn and R. P. Pickens, H. C. Peevy, N. J. Nash and Hoyt E. Gresham are named Councilmen of said City of Lilburn. On the second Saturday in December of 1955 there shall be elected a mayor and four councilmen whose term of office shall be as follows: The mayor and two of said councilmen shall be elected for a term of two years, beginning on the first Monday in January, 1956, and said mayor and each of said councilmen shall hold office until his successor is elected and qualified; two councilmen

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shall be elected on said date of the second Saturday in December, 1955, for a term of office of one year, beginning on the first Monday in January, 1956, and each of said councilmen shall hold office until his successor is elected and qualified. Thereafter on the second Saturday in December of every year there shall be an election at which a mayor and two councilmen shall be elected on uneven years for a term of two years, who shall take office on the first Monday in January next following their election; on the second Saturday of December in the year, 1956, there shall be elected two councilmen whose term of office shall be for two years, who shall take office on the first Monday in January next following their election, and who shall hold office until their successors are elected and qualified. And on the second Saturday in December of every even year thereafter there shall be elected two councilmen, whose term of office shall be for two years, or until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. At the first election to be held on the second Saturday in December, 1955, the candidates seeking offices of councilmen shall designate in their announcement as to whether or not they seek the office for the term of one or two years. Mayor and councilmen. Section 4. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city. If the mayor or either of the councilmen should remove his residence or domicile out of the said city during his term of office, said office shall automatically become vacant. Qualifications of mayor and councilmen. Section 5. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year, they shall elect one of their number mayor pro tem., whose term of office shall be one year, and during the sickness, absence, or disqualification of the mayor, the mayor pro tem., or in his sickness, absence or disqualification, any one of the councilmen,

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men, chosen by the members present, shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. Mayor pro tem. Section 6. Be it further enacted by the authority aforesaid, that in the event the office of mayor, or any one or more of said council shall become vacant, for any reason whatever, the remaining members of the council shall fill said vacancy for the unexpired term. Vacancies. Section 7. Be it further enacted by the authority aforesaid, that the mayor, or mayor pro tem., and two members of the council shall constitute a quorum for the transaction of any business before the council; on all questions before the city council, the mayor, or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie, or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members present, including the mayor, or mayor pro tem., if he be presiding, vote for the same, and unless the said motion, resolution, ordinance or question receive at least three affirmative votes. Meetings. Section 8. Be it further enacted by the authority aforesaid, that the Mayor of said City of Lilburn receive a salary, to be fixed by council, not to exceed one hundred ($100.00) dollars per annum; and each member of council shall receive a salary to be fixed by council, not to exceed fifty ($50.00) dollars per annum. The mayor and council shall meet for the purpose of transacting business for said city only at the city hall as hereafter may be established. The mayor and council, by ordinance or resolution, shall fix the time for the holding of regular meetings for the transaction of business, and the mayor, or in his absence from the city, or sickness, the mayor pro tem. may call special meetings of the council under such rules and regulations as the mayor and council may fix. Compensation. Meetings. Section 9. Be it further enacted by the authority

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aforesaid, that the mayor, or in his absence or disqualification, the mayor pro tem., shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a police court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding a fine of one hundred dollars, and imprisonment and labor on the public works of the city for thirty days for each offense, and may impose both a fine and a sentence of imprisonment and labor. In case of the absence or disqualification of both the mayor and mayor pro tem., any member of council may preside at said police court. Provided, however, the mayor and council shall have the right at any time in their discretion, upon the approval of the mayor and at least three (3) councilmen, to create and establish the office of city recorder, elect a city recorder in and for said city and fix the recorder's salary and term of office, which term of office shall be for not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem., or any member of council, excepting in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem., or any member of the council may preside over said court with full powers as the city recorder. The mayor and council shall have the right to elect as city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all the powers and authority appertaining to said police court as now exercised by the mayor or mayor pro tem. Police court. Section 10. Be it further enacted by the authority aforesaid, that said mayor, mayor pro tem., and the recorder, if one is elected as above provided, shall have the right to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be directed to the marshal, chief of police, and the police

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officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders against the laws of this State, for their appearance at the next term of the City Court of Gwinnett County, Georgia, or of the superior court of said county, and it shall be the duty of the jailor of Gwinnett County to receive the persons so committed and safely keep them until discharged by due process of law; and such person, while presiding over said police court, shall have the power to punish for contempt of court any person so offending, which punishment shall not exceed a fine of twenty-five dollars, or ten days imprisonment and labor on the public works of said city and shall be in the alternative. Jurisdiction of police court. Section 11. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year they shall elect a city clerk, and may elect a chief of police, and such other officer and servants, including a city attorney, as the mayor and council shall deem necessary for the government of said city. Each of said officers shall be elected for a term of one year, and at the pleasure of the mayor and council, who shall fix the salary of said officers and servants. Clerk, attorney, etc. Section 12. Be it further enacted by the authority aforesaid, that said city clerk shall be a practical book-keeper, and shall keep his office at the city hall of said city and shall keep a corporate seal and all papers and records of the city appertaining to his office; he shall be clerk of the city council and of the police court, and shall keep the minutes of the city council and of the police court; copies of all papers filed in the office of the clerk and transcripts of the records of the city council and of the police court certified by the clerk under the corporate seal shall be evidence in all courts as if the original was produced. Said clerk shall be the official tax collector of said city, and shall issue all tax executions and shall keep a tax execution 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

Page 3313

licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which sum shall be paid to the city treasurer. He shall perform such other duties as the mayor and council shall by ordinance or otherwise require and direct. Clerk's duties. Section 13. Be it further enacted by the authority aforesaid, that the chief of police shall have full direction and management of the policemen under him, subject to the control and direction of the mayor and council by ordinance. He shall see that all ordinances are enforced and that the men under him discharge their duties faithfully. He shall attend each session of the police court, or instruct one of the policemen under him to be in attendance. He shall collect such funds and enforce such sentences of imprisonment and labor as the presiding officer of said police court may impose, and pay to the city treasurer, for the benefit of said city, all funds collected. The said chief of police shall also be the city marshal and shall be the collecting officer of all executions issued for unpaid taxes, licenses, and other matters, which he may be directed to collect by the mayor and council. He shall execute such executions by levying the same upon either real or personal property, and any property so levied upon shall be advertised and sold as directed by ordinances passed by the mayor and council. There shall be taxed against all persons whom an execution shall be issued, and for levying, advertising, selling and making titles the same costs as are allowed sheriffs for like service, and these fees shall be paid over by said marshal to the city treasurer. The chief of police, and the policemen under him shall be furnished with blank summons in the form prescribed by ordinance, and when an offense is committed, and they are satisfied that the offender is not likely to leave the city, they shall give him a written summons to appear before the police court. If they believe that the defendant will leave the city, or fail to appear at police court, they may require the offender to give bond and security conditioned upon his appearing at said police court, and upon his failure to give said bond may confine said offender in the city jail until a hearing before the police court can

Page 3314

be had. The chief of police, and the police, and the policemen under him, may execute any warrant issued by any magistrate of this State, upon any defendant found in said city. Upon the arrest of any person for violating the criminal laws of Georgia, or when they know that the State law is being violated, they shall immediately apply to the nearest magistrate for a warrant and execute the same. When any offense has been committed in the presence of the said chief of police, or any member of the police force of said city, and the said offender shall flee, they may follow said offender anywhere in said State, arrest the said offender, and return him to the city for trial. Should any person violating any of the ordinances flee from the jurisdiction of said city, such person may be apprehended wherever he may be found in this State, and the warrant of the mayor or mayor pro tem., or recorder, of said city shall be sufficient authority for his arrest and return. The chief of charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State, and the warrant of the mayor, the mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return. The chief of police and other officers of said city shall perform such other and further duties as shall be required of them by the mayor and council of said city. Police. Section 14. Be it further enacted by the authority aforesaid, that the mayor and council shall designate the city clerk, or some other person city treasurer, and may designate some bank as a city depository. They shall provide by ordinance or resolution for the drawing of city warrants or checks, and designate who shall sign same. Treasurer. Section 15. Be it further enacted by the authority aforesaid, that the mayor, councilmen, city clerk, chief of police, and other policemen employed by said city, shall take an oath to well and truly perform the duties of his office at the time of taking office, and the mayor and council shall require the city clerk, city treasurer, chief of police, or any other officers they see fit, to give

Page 3315

a good and sufficient bond for the faithful performance of their duties, and such bonds shall be in the amounts fixed by the mayor and council, and by them approved. Oaths. Bonds. Section 16. Be it further enacted by the authority aforesaid, that the mayor and council shall provide by ordinance for the giving of appearance bonds, which may be either a surety bond, or a cash bond, for persons accused or charged with the violation of the ordinances of said city, and by ordinance shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure appertaining thereto. Appearance bonds. Section 17. Be it further enacted by the authority aforesaid, that any person convicted before the mayor or other presiding officer, in the police court, shall have the right of certiorari to the Superior Court of Gwinnett County, Georgia, in the manner prescribed in Chapter 19 of the Georgia Code Annotated. Certiorari from police court. Section 18. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one-tenth of one per centum thereof unless a higher percentage of taxation is authorized by a majority of the qualified voters of said city voting in an election duly called for that purpose by the mayor and council of said City of Lilburn after publication of a notice thereof for thirty (30) days by the posting of such notice in the city hall and at two other public places in said city, and for the purpose of providing for a sinking fund for the payment of any bonds that may hereafter be issued by said city, and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected without such election. Said mayor and council shall provide by ordinance for the return of all taxable property in said city, how said property may be

Page 3316

assessed, how the valuation of the property fixed by the taxpayer may be increased or decreased by assessment, and provide penalties for the neglect or refusal to return said property, to provide for the issuance of executions for said taxes, and how said executions may be levied upon the property of the taxpayer, and the property so levied upon shall be advertised and sold, and the proceeds thereof distributed. Taxation. Section 19. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property within or without the corporate limits, except property of an existing public utility, for the purpose of public buildings, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes, and sidewalks in said city, and for any other public purpose, and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State, for the condemnation of property by municipalities. And the said mayor and council shall have the right to relocate, change, close or abandon any street, sidewalk, lane or alley in said city. Streets, sidewalks, etc. Section 20. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys, and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks to the amount of not more than two-thirds of such costs; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the mayor

Page 3317

and council may provide by ordinance. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement made, and pro-rating the costs thereof on real estate according to the frontage on the streets, or portion of street so improved, or according to the area of value of said estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the said real estate or the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales by the city the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupant and put the purchaser in possession. The mayor and council shall have authority to pave and contract to pave the whole surface of the streets without giving any railroad company or other property owner the option of paving such streets themselves. The lien for assessment on abutting property and railroad company for street or sidewalk paving, curbing, macadamizing, grading or drainage shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Improvements. Section 21. Be it further enacted by the authority aforesaid, that said mayor and council may provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the material

Page 3318

used, electric wiring, plumbing and the safety and strength of the same as the mayor and council may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person, or damage to property. The mayor and council may also prescribe by ordinance such rules and regulations as they deem necessary, regarding the use and storage of inflamable, combustible, and explosive materials and chemicals, and may by ordinance prohibit the use, and storage of highly inflamable, combustible and explosive materials and chemicals altogether in certain zones or areas of said city. Buildings. Section 22. Be it further enacted by the authority aforesaid, that the mayor and council may form a planning board in conjunction with governing authorities of Gwinnett County and delegate to such joint planning board such powers and duties as necessary to properly zone and carry out zoning regulations in said city. Planning. Section 23. Be it further enacted by the authority aforesaid, that the mayor and council may construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof, and such assessment, execution and enforcement thereof shall be in the same manner as hereinbefore provided for street improvements. Sewers. Section 24. Be it further enacted by the authority aforesaid, that said city is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and electric lights and gas works, both within and without the corporate limits of said city. The mayor and council shall make and enact such ordinances, rules and regulations regarding the use of the same by the public, and provide by ordinance for the punishment of those who illegally use said water, electricity or gas, and who illegally divert same from their proper channels

Page 3319

of transmission, or who injure or destroy or permit to be injured or destroyed, any meter, pipe, conduit, wire, line, post, lamp or other apparatus belonging to the city and its water, gas, and electric light systems, or who prevent an electric, gas or water meter from duly registering the quantity of electricity, gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, divert any electric current, gas, or water from its proper channel, or who uses or causes to be used without the consent of the city, any electricity, gas or water distributed by the city. The police court of said city shall have the right to punish for the violation of any of the ordinances, rules, and regulations in this section provided, even though said violations should occur outside the territorial limits of said city. The mayor and council may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, electrical current, gas, or other public utility of the city. Water, electricity, and gas systems. Section 25. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have the power to grant franchises, easements and right of way over, in, under and on the public streets on such terms and conditions as they may fix. They may contract with any other public or private corporation regarding the furnishing of water, electric current, gas, or other public service to said city by said other corporation, or regarding the furnishing of water, electric current, gas, or other public service, by the city to such public or private corporation. Provided, the said mayor and council, shall not grant any franchise, easement, or authority to any person, or public or private corporation to own, operate or maintain any public utility in competition to any public utility owned by said city within said city. Franchises, easements, etc. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance provide for a board of health, to consist of such number, to hold office for such length of time, and to have such powers and duties as the mayor and council may by ordinance provide. The mayor and council shall have

Page 3320

power and authority to enact ordinances for the purpose of preventing the spread of infectious or contagious diseases, to declare and maintain quarantine regulations against infectious or contagious diseases of both persons and animals. They shall have power to compel all persons or animals in said city, whether said persons be permanent residents or sojourners, to be vaccinated or inoculated, and may provide vaccination and inoculation points, and employ city physicians at the expense of the city to vaccinate or inoculate all persons or animals, and may provide by ordinance punishment for persons failing to be vaccinated or inoculated, or failing to have their animals vaccinated or inoculated. The said mayor and council shall have power and authority to enact ordinances regulating sanitation in said city, require suitable sanitation facilities in all buildings, prohibit open or outdoor privies or toilets, regulate or prohibit the keeping of animals and fowls in said city, requiring owners of lots, parts of lots, cellars, or basements if the same should become a nuisance or peril to the health of said city, to fill or drain said lots, cellars or basements, and if the owner or occupant of such lots, cellars or basements should fail or refuse after reasonable notice to comply with the requirements of said mayor and council, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax the costs against the property and collect the same by execution issued as provided by ordinance. Health regulations. Section 27. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to by proper ordinances provide for the abatement of nuisances, lewd houses, gambling and gambling places, blind tigers, and disorderly houses, to charge the expense for abating such nuisances or places against the person causing the same, or the owner of the premises, according as one or the other is liable, and to enforce the collection of said expenses by execution issued as execution taxes. The said mayor and council shall have full power and authority to provide by ordinance for the abatement or condemnation of any wall, building, structure, awning, shed, signs, etc., which

Page 3321

on account of its state of repair, location, construction, etc., is a hazard to the safety of the public or an obstruction to any street, alley or sidewalk, and charge the expenses of abating, condemning or removal of the same against the person causing the same, or the owner of the premises, according as the one or the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. Nuisances. Section 28. Be it further enacted by the authority aforesaid, that the execution herein provided for shall be issued by the city clerk, bearing teste in the name of the mayor, directed to all and singular, the chief of police, policemen, and marshal of said city, and to the sheriffs and constables of said State. The city clerk shall keep an execution docket in which he shall record all executions issued, showing the name of the defendant in fi. fa. the date, the amounts, and the date of satisfaction, if satisfied. Said executions, when issued for ad valorem taxes, or for street and sidewalk improvements, shall have the same lien and priority as tax executions and street improvement executions generally have under the laws of this State, and all other executions issued by said city shall have the same lien and priority as executions issued by the superior courts of this State. Provided, that except as to tax executions and executions issued for street and sidewalk improvements, the rights and priorities of third persons shall not be affected unless said executions are recorded on the general execution docket of the superior court of the county in which the property sought to be subjected to such execution is located, and as to such third parties the lien and priority of said executions shall date only from the time said executions are so recorded on said general execution docket. In any case where the defendant in execution has no property within the City of Lilburn, then and in that event any execution issued by authority of the city for the enforcement of the payment of any sum for taxes, special assessments, fines, or otherwise, may be levied and enforced in any county in the State in which property of the defendant may be found and for such purposes it shall be the duty of any levying officer into whose hands said

Page 3322

execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement and sale. Provided, however, that to any execution issued by said city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Gwinnett County and there tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Executions. Illegalities. Section 29. Be it further enacted by the authority aforesaid, that the said city may issue municipal bonds and revenue certificates for municipal purposes, in the manner and subject to the limitations provided by the laws and Constitution of this State. Bonds. Section 30. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into the police court, such as are incident and lawfully chargeable to the prosecution of said cases. Subpoenas may be issued by the city clerk, or chief of police, bearing teste in the name of the presiding officer, and shall contain a brief statement of the case, the time set for trial or hearing and the time at which the person subpoenaed shall appear. The presiding officer shall have the power to punish any person disobeying said subpoena for contempt of court. The mayor and council shall provide by ordinance for dockets for said police court, for a summary or simple statement of the offenses with which persons are charged, which statement shall be deemed sufficient notice to, or accusation of, the accused, and shall provide general rules of procedure in said court. Police court.

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Section 31. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly in the County of Gwinnett, who shall have resided three (3) months within the city limits of the City of Lilburn, and have registered as hereinafter provided, shall be qualified to vote in any city election. Qualified voters. Section 32. Be it further enacted by the authority aforesaid, that the city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such persons entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible, the white and colored being kept separate. The registering officer shall be the judge of the qualification of those offering to register, with the right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said city clerk's office is open for official business, except, said registration book shall close at the close of the tenth day before any election, and any person registering therein after the tenth day before any election shall not be qualified to vote in said election, and if said tenth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the ninth day before said election. Prior to all elections, and after the close of the said registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the

Page 3324

city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State law shall in all rspects govern where in conflict with this charter. Registration of voters. Voters' list. Section 33. Be it further enacted by the authority aforesaid, that the mayor and council shall appoint, prior to each election a board of three managers to conduct said election, each of said managers shall be qualified voter of said city, and each shall take an oath to faithfully and impartially conduct said election and prevent all illegal voting, to the best of their skill and power. All elections in said city shall be held in the city hall, and at the discretion of the mayor and council, separate rooms may be provided for the white and colored. The manner of holding said election, a secret ballot, the provisions for voting booths, the hours of keeping the polls open shall in all respects be the same as the holding of an election for the members of the General Assembly in said county. Persons receiving the highest number of votes for the respective offices shall be declared elected. At the close of said polls, the managers shall count all votes, and shall return their tally of said votes, together with the list of qualified voters, list of those voting, and all ballots, properly sealed, to the mayor and council. If the results of any election held in said city is contested, notice of contest shall be filed with the city clerk within twenty-four hours after the managers have completed the counting of said votes, setting forth all the grounds of contest, and paying ten ($10.00) dollars in advance to the city clerk as costs. Within ten days thereafter, and after the mayor and council have given two days' notice to the contesting parties as to the time of hearing said contest, the mayor and council shall proceed to hear and determine all issues made by said contest, and their decision

Page 3325

shall be final, except as the right of certiorari or quo warranto may apply. Management of elections. Section 34. Be it further enacted by the authority aforesaid, that all persons desiring to run for any elective office in said city, shall file a written statement with the city clerk, stating the office for which they are offering, at least 12 o'clock noon, Eastern Standard Time of the 15th day prior to said election, and if said fifteenth (15th) day should fall on Sunday, or other legal holiday, said statement shall be filed by noon of the following day. To determine the 15th (15) day, the day alleged to be the 15th day shall be counted, but the day of the election shall not be counted. Prior to said election day, the city clerk, under the direction of the mayor, shall have printed or prepared a ballot to be used by the voters in said election, which ballot shall in all respects be a secret ballot without any identifying number or other writing on the part actually denoting the voter's choice. No write-in-votes shall be permitted for any office where any duly qualified candidate has properly announced for said office and his name has been printed on the prepared ballot. Any error made by an elector in marking of his ballot, shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. The mayor and council may by ordinance provide that in the case of the election of members of council, all candidates for councilmen, shall designate the councilman they seek to succeed, and the names of the candidates for the separate places to be filled shall be placed in separate brackets on the ballots. If such an ordinance is not enacted by the mayor and council, and two or more councilmen are to be elected from a group of candidates, then the ballot shall carry instructions as to the number of councilmen to be voted for, and any ballot which is not properly marked accordingly to said instructions, shall be void as to that part erroneously marked. Elections. Section 35. Be it further enacted by the authority aforesaid, that should the mayor or any councilmen, wilfully fail and refuse to attend to his duties of office, or

Page 3326

attend the meetings of the mayor and council, after due notice of the contemplated action, his office shall be declared vacant by the remaining members of the mayor and council, or council, and the vacancy filled as hereinbefore provided. Vacancies. Section 36. 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 33 hereof, shall be guilty of a misdemeanor, and punished accordingly. Illegal voting. Section 37. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to pass ordinances and regulations for the prevention of idleness and loitering within the city limits and to prescribe penalties for violation thereof. Idleness, loitering. Section 38. Be it further enacted by the authority aforesaid, that the enumeration of power contained in this Act shall not be construed as restrictive, but the mayor and council shall have the power to enact and pass all laws and ordinances, rules and regulations, which they may consider necessary for the good government, peace, order, prosperity, comfort, health, and general welfare of the said city and the inhabitants thereof, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the mayor and council may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repungant to the intents and purposes of this Act, nor the laws of the State. General powers. Section 39. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for

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the enactment of this law. State of Georgia, County of Gwinnett. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is the publisher and managing editor of The News-Herald, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in The News-Herald on the following dates, to wit: December 16, 1954; December 23, 1954; December 30, 1954. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 27 day of January, 1955. /s/ Chas. C. Pittard Notary Public for Gwinnett County, Ga. (Seal Affixed) Notice of Proposed Legislation. Notice is hereby given that at the January 1955 session of the General Assembly of Georgia there will be introduced a bill to incorporate the community in Gwinnett County, Georgia, known as Lilburn, to be incorporated under the name of City of Lilburn, to define the name, style and corporate limits of said city; to define the powers and authority of said municipality; to provide for the election of mayor and councilmen and fix terms of office, their authority, powers, duties and salaries; to provide for the naming of a mayor and councilmen until an election is held; to provide for the filling of vacancies; to provide for the hiring of city employees and fixing their salaries and duties; to provide for rules and regulations for voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and who

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shall preside therein; to provide for bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc.; to provide how public property belonging to said municipality may be sold; to provide for the granting of franchises by said municipality; to provide the manner for improving and working roads, streets and sidewalks, and the assessment of costs therefor; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipalities to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas, sewerage, and electric distribution systems for said municipality and surrounding territory; and for other purposes. This December 14, 1954. P. V. Kelly. Bill Kilgore. 8-3t-c Approved March 7, 1955. SAVANNAH PENSION SYSTEMAMENDMENTS. No. 361 (Senate Bill No. 72). An Act to amend an Act of the General Assembly of the State of Georgia incorporated in Georgia Laws 1947, pages 1935-38 inclusive, as amended by an Act of the General Assembly of Georgia approved February 17, 1949 incorporated in the Georgia Laws 1949, pages 774-777 inclusive, as amended by an Act of the General Assembly approved February 17, 1950, incorporated in the Georgia Laws 1950, pages 2668-2670 inclusive, providing for the payment of pensions to

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employees who have been affiliated with any nursing service or agency who has worked under the supervision of the city health officer and director of nurses prior to becoming an employee of the City of Savannah; providing for the minimum length of service prior to becoming an employee of the City of Savannah; providing for contribution to the pension fund as a condition precedent to eligibility under the twentyfive year pension to which such persons or person are eligible; repealing all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That any employee of the Mayor and Aldermen of the City of Savannah who has a minimum of ten years' service in the employment of said municipal subdivision and who prior to said ten years service has been under the direction of the Director of Nurses and the City Health Officer of the City of Savannah for a period of fifteen years shall be eligible and entitled to participate under the pension system and program of the Mayor and Aldermen of the City of Savannah as though said person or persons had completed twentyfive years of service as provided in Section 4 (e) of an Act entitled Savannah Pension SystemAmendments incorporated in the Georgia Laws of 1950 pages 2668-2669. Service with nursing agency. Section 2. Before any such person or persons made eligible under Section 1 shall participate in the pension program of the Mayor and Aldermen of the City of Savannah, said person or persons shall make a voluntary contribution to the pension fund to be between the actual beginning time of service as an employee of the Mayor and Aldermen of the City of Savannah and July 1, 1933. Contributions. Provided, further, that no such person or persons shall be eligible for a pension hereunder who has not served as an employee of the Mayor and Aldermen of the City of Savannah for a period of ten (10) years prior to participation and served previous to that time a period

Page 3330

of fifteen (15) years under the direction of the Director of Nursing and the City Health Officer of the City of Savannah. Service requirement. Voluntary contribution shall be computed by taking two (2) percent of the average yearly salary of said person or persons for each year of the period between July 1, 1933 and the time said person or persons became an employee of the Mayor and Aldermen of the City of Savannah. In addition to the above voluntary contribution, said person or persons shall make an additional contribution to said pension fund in the amount of three (3) percent per annum on each yearly contribution as though said contribution had been paid into the pension fund over the period from July 1, 1933 to the time said person or persons became an employee of the City of Savannah. Contributions. Section 3. Upon any person or persons who are otherwise eligible as herein before set out making the voluntary contribution as provided in Section 2 above, said person or persons shall be entitled to participate in said pension program under the same basis as any other employee who has served a period of twenty-five years or more as set forth in Section 4 (e) of an Act entitled Savannah Pension SystemAmendments in the Georgia Laws 1950, pages 2668-2669. Section 4. It is the intention of this Act that it be liberally construed by the Mayor and Aldermen of the City of Savannah in order that the person or persons affected by same shall participate in the pension program of the Mayor and Aldermen of the City of Savannah. Section 5. All laws and parts of laws and all charter provisions of this Act are hereby expressly repealed. It is the intention of this Act if there be any doubt as to the validity of any part of it as compared with any other laws or charter provisions of the Mayor and Aldermen of the City of Savannah and the amendments thereto and same pertaining to pension that the doubt shall be construed in favor of the provisions of this Act.

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Section 6. Attached hereto and made a part hereof is a copy of the notice of intention to introduce this Act and the certificate of publication certifying that this notice has been published as provided by law. Affidavit of publication attached to enrolled copy. Approved March 7, 1955. PIERCE COUNTY COMMISSIONERSAMENDMENTS. No. 362 (Senate Bill No. 115). An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; to appoint the members of said board and provide for the election of their successors and the manner of filling vacancies; to prescribe the term of office, powers, duties and compensation of said board; to provide for the appointment of a clerk of said board; and for other purposes, approved March 25, 1937 (Ga. Laws 1937, pp. 1397 to 1405, inclusive), and Acts amendatory thereof approved February 4, 1941 (Ga. Laws 1941, pp. 949 to 951), February 16, 1943, (Ga. Laws 1943, pp. 1098 to 1099), and February 2, 1945, (Ga. Laws 1945, pp. 548 to 549); and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act of the General Assembly of Georgia approved March 25, 1937, creating a Board of Commissioners of Roads and Revenue in and for the County of Pierce, as amended by Acts approved February 4, 1941, February 16, 1943, and February 2, 1945, all referred to in the title of this Act, be further amended by this Act so as to provide as follows: Section 1. That the compensation of the chairman of

Page 3332

said board shall be $3,600.00 per year, payable monthly, and he shall be allowed mileage at the rate of five cents per mile for every mile travelled attending to official business, together with such other expenses as he may incur and deem necessary in the discharge of his duties as such chairman which are imposed upon him by law. Such mileage and expenses shall be paid upon presentation of an itemized statement thereof by said chairman and its approval in writing by the other members of the board. Chairman's compensation and expenses. Section 2. That the compensation of each of the other members of said board other than the chairman shall be $25.00 per month, payable monthly, and each shall be paid five cents per mile travelled in his discharge of the duties of his office. An itemized statement shall be filed by such member and shall be paid upon the approval in writing of the chairman and other members of the board. Compensation and expenses of other members. Section 3. That the salary of the clerk of said board shall be fixed by the board, who shall serve at the pleasure of the board. The duties of the clerk shall be the same as now fixed by law. Clerk. Section 4. This Act shall become effective immediately upon its passage and approval. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1955.

Page 3333

WARRENTON CHARTER AMENDED. No. 363 (House Bill No. 244). An Act to amend the charter of Warrenton, Georgia to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859, and all amendatory Acts, thereof, etc., by adding a new section to said charter, as amended, to be appropriately numbered, and to read as follows: Section . The Mayor and Council of the City of Warrenton, Georgia, are hereby authorized, empowered, and directed, to levy an ad valorem tax on all taxable property in the City of Warrenton, Georgia, in addition to all other ad valorem taxes, in each year, not to exceed one-half (1/2) of one (1) mill per thousand dollars of valuation, to be used for the sole and exclusive purpose of the upkeep, maintenance, and care of all cemeteries inside the corporate limits of the said City of Warrenton, Georgia.; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859 and all amendatory Acts thereof be, and the same is hereby amended by adding a new section to said charter to read as follows: Section . The Mayor and Council of the City of Warrenton, Georgia, are hereby authorized, empowered, and directed to levy an ad valorem tax on all taxable property in the City of Warrenton, Georgia, in addition to all other ad valorem taxes, in each year, not to exceed one-half () of one (1) mill per thousand dollars of valuation, to be used for the sole and exclusive purpose of the upkeep, maintenance, and care of all cemeteries inside the corporate limits of said City of Warrenton, Georgia. Cemetery tax. Section 2. It is the purpose and intent of this amendment to authorize, empower, and direct the levy of the aforesaid additional ad valorem tax, irrespective of any

Page 3334

limitation thereon presently existing in the charter of the City of Warrenton. Section 3. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Warren County. Notice is hereby given by the Mayor and Council of the City of Warrenton, Georgia, that the City of Warrenton, Georgia, intends to apply for the passage of local legislation at the next session of the General Assembly of the State of Georgia, which convenes on 2nd Monday in January, 1955, by applying for passage of the following Act: Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859 and all amendatory Acts thereof be, and the same is hereby amended by adding a new section to said charter to read as follows: Section. The Mayor and Council of the City of Warrenton, Georgia, are hereby authorized, empowered, and directed to levy an ad valorem tax on all taxable property in the City of Warrenton, Georgia, in addition to all other ad valorem taxes, in each year, not to exceed one-half () of one (1) mill per thousand dollars of valuation, to be used for the sole and exclusive purpose of the upkeep, maintenance, and care of all cemeteries inside the corporate limits of said City of Warrenton, Georgia. This 1st day of November, 1954. /s/ Jimmy F. Clary, As Mayor of the City of Warrenton, Georgia. /s/R. D. Jackson, As Clerk of the City of Warrenton, Georgia.

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Georgia, Warren County. Personally appeared before the undersigned attesting officer comes Alva L. Haywood, who, after being duly sworn, on oath deposes that he is the owner and publisher of the Warrenton Clipper, which is the official news organ of and published in Warren County, Georgia; that the notice of intention to apply for passage of local legislation, copy whereof as printed is hereto attached, was duly published in said newspaper on the following dates: 26th day of November, 1954 3rd day of December, 1954 10th day of December, 1954 17th day of December, 1954 day of, 1954 /s/ Alva L. Haywood. Sworn to and subscribed before me, on this 21 day of Jan., 1955. /s/ Mrs. O. L. Rivers, N.P. Warren Co. Ga. Georgia, Warren County. Be it resolved by the Mayor and Council of the City of Warrenton, Georgia, that said City of Warrenton, acting by and through the mayor and council, petition the Honorable Jack B. Ray, Representative from Warren County, Georgia, in the General Assembly for the State of Georgia, to introduce a bill in the General Assembly whereby the charter of the City of Warrenton shall be amended so as to allow the City of Warrenton to levy () of one (1) mill per thousand dollars of valuation tax on said property for the sole purpose of the upkeep of the cemeteries inside the corporate limits of the City of Warrenton, Georgia. Resolution adopted this the 1st day of November, 1954. James F. Clary, Mayor. R. D. Jackson,

Page 3336

R. M. Coleman, R. H. Hall, E. J. Smith, Charles D. Kitchens. An Act to amend the charter of Warrenton, Georgia to wit: The Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859, and all amendatory Acts thereof, etc., by adding a new section to said charter, as amended, to be appropriately numbered, and to read as follows: Section. The Mayor and Council of the City of Warrenton, Georgia, hereby authorized, empowered, and directed, to levy an ad valorem tax on all taxable property in the City of Warrenton, Georgia, in addition to all other ad valorem taxes, in each year, not to exceed one-half () mill be thousand dollars of valuation, to be used for the sole and exclusive purpose of the upkeep, maintenance, and care of all cemeteries inside the corporate limits of said City of Warrenton, Georgia, and for other puposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859 and all amendatory Acts thereof be, and the same is hereby amended by adding a new section to said charter to read as follows: `Section. The Mayor and Council of the City of Warrenton, Georgia, are hereby authorized, empowered, and directed to levy an ad valorem tax on all taxable property in the City of Warrenton, Georgia, in addition to all other ad valorem taxes, in each year, not to exceed one-half () of one (1) mill per thousand dollars of valuation, to be used for the sole and exclusive purpose of the upkeep, maintenance, and care of all cemeteries inside the corporate limits of said City of Warrenton, Georgia.'.

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Section 2. It is the purpose and intent of this amendment to authorize, empower, and direct the levy of the aforesaid additional ad valorem tax, irrespective of any limitation thereon presently existing in the charter of the City of Warrenton. Section 3. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Warren County. Notice is hereby given by the Mayor and Council of the City of Warrenton, Georgia, that the City of Warrenton, Georgia intends to apply for the passage of local legislation at the next session of the General Assembly of the State of Georgia, which convenes on 2nd Monday in January, 1955, by applying for passage of the following Act: Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859 and all amendatory Acts thereof be, and the same is hereby amended by adding a new section to said charter to read as follows: Section. The Mayor and Council of the City of Warrenton, Georgia, are hereby authorized, empowered, and directed to levy an ad valorem tax on all taxable property in the City of Warrenton, Georgia, in addition to all other ad valorem taxes, in each year, not to exceed one-half () of one (1) mill per thousand dollars of valuation, to be used for the sole and exclusive purpose of the upkeep, maintenance, and care of all cemeteries inside the corporate limits of said City of Warrenton, Georgia'.. This the 1st day of November, 1954. James F. Clary, as Mayor of the City of Warrenton, Georgia. R. D. Jackson, as clerk of the City of Warrenton, Georgia.

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Georgia, Warren County. Before the undersigned the attesting office came Dewey Jackson, who, after being duly sworn, on oath deposes that he is Clerk of the Council for the City of Warrenton, Georgia and has been such clerk for the past several years. Deponent further says on oath that the notice of intention to apply for passage of local legislation, copy whereof as printed in the Warrenton Clipper, the official news organ of Warren County, Georgia is hereto attached. Same was duly published in said newspaper on the following dates: 26th day of November 1954 3rd day of December 1954 10th day of December 1954 17th day of December 1954 day of1954 /s/ R. D. Jackson, Clerk. Sworn to and subscribed before me, on this 21 day of Jan. 1955. /s/ Mrs. O. L. Rivers, N.P., N.P. Warren County, Ga. Approved March 7, 1955. SAVANNAH INDUSTRIAL AND WATER SUPPLY COMMISSIONAMENDMENTS. No. 364 (House Bill No. 264). An Act amending that certain Act of the General Assembly of the State of Georgia, approved February 17, 1949, incorporated in the Acts of the General Assembly of the State of Georgia, 1949, pages 785, 786, and 787, entitled An Act amending the charter of the Mayor and Aldermen of the City of Savannah and the

Page 3339

several Acts amendatory thereof and supplementary thereto, incorporating the Mayor and Aldermen of the City of Savannah, creating, naming and establishing an Industrial and Domestic Water Supply Commission, striking therefrom the authority of said commission to pay the chairman of the water committee of council $150.00 per month, besides his regular meeting compensation, to revoke the authority of said commission to employ an attorney, to provide that legal services for said commission shall be supplied by the legal department of the City of Savannah, to provide for the eligibility of the members of said commission, repealing all laws or parts of laws in conflict herewith, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same that Section 2, 3 and 4 of the aforesaid Act of 1949, be stricken in their entirety and the following sections substituted in lieu thereof, which new sections shall read as follows: Section 2. Be it further enacted by authority of the same that said commission is authorized and empowered to select the type of employees, the number of employees and to fix the compensation of all employees necessary in the operation and maintenance of said industrial and domestic water supply plant. The commission is authorized to employ a skilled engineer as a superintendent of said water plant, to fix his compensation and to employ a secretary of said commission and fix the compensation for said secretary. Legal services for said commission shall be supplied by the legal department of the City of Savannah. Employees. Section 3. The mayor and aldermen are hereby charged with the responsibility of providing by ordinance all rules and regulations for the operation of said water supply and for the fixing of rates and charges for water to consumers, based, as far as possible, on the recommendations made to the mayor and aldermen by said commission. The mayor and aldermen are further

Page 3340

empowered by ordinance to do any and all legal things necessary or incidental to the construction and improvement of and the operation of said water plant, which is not provided for herein. Rules and regulations. Section 4. The members of the commission shall be citizens of the State of Georgia, and residents of Chatham County. No person shall be eligible for membership on said commission who, at the time of approval of this Act or at any time within one year prior to the approval of this Act, holds or shall have held any remunerative public office or position or any employment for compensation, except as an independent contractor, with the United States, the State of Georgia, or any political subdivision of either; and, no future member, at the time of his appointment, nor within one year prior thereto, nor during his term of membership, shall hold any such office, position or employment. Except as provided aforesaid, any member otherwise qualified, shall be eligible for reappointment. Members of commission. Section 2. If any provision of this Act or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or applications of this 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 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. 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.

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State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Helen Pope 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 has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of Jan. 8-15-17, 1955. /s/ Helen Pope. Sworn to and subscribed before me, this 17th day of January 1955. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal). Notice of Intention to Apply for Legislation. State of Georgia, Chatham County.Notice is hereby given of the intention to apply for legislation to implement the provisions of the Constitution of the State of Georgia, creating the Savannah District Authority as a constitutional authority, to provide, as contemplated by said constitutional provisions, for the appointment and eligibility of the members of said constitutional authority, to provide for the filling of vacancies on said constitutional authority, and to abolish its advisory board; to amend the Acts, and those amendatory thereto, creating an Industrial and Domestic Water Supply Commission, to revoke the authority of said commission to pay a salary of $150.00 to the chairman of the water committee of the mayor and aldermen, to revoke the authority of said commission to employ an attorney, to provide that legal services for said commission shall be supplied by the city legal department, and to provide for the eligibility of the members of said commission; to

Page 3342

amend the Acts, and those amendatory thereto, creating a Savannah Airport Commisison, to revoke any requirement for the City of Savannah to pay over to said commission up to $40,000.00, to reduce the compensation of the members of said commission from $20.00 to $10.00 per meeting, to abolish the right of said commission to elect an attorney, to provide that legal services for said commission shall be supplied by the city legal department, to provide that any salary for the chairman of said commission shall be approved by the mayor and aldermen, to change the composition of said commission, and the qualifications and terms of the members thereof, and for other purposes. Edwin Maner, Jr. Approved March 7, 1955. BRUNSWICK PORT AUTHORITYCONVEYANCE OF PROPERTY. No. 366 (House Bill No. 398). An Act to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945 (Ga. Laws 1945, p. 1023), to assign, convey, grant or otherwise transfer any or all of its property, real, personal, tangible, intangible, or otherwise, to the State Ports Authority, created by that Act of the General Assembly approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended by an Act approved January 30, 1946 (Ga. Laws 1946, p. 60) and an Act approved February 17, 1949 (Ga. Laws 1949, p. 778) and an Act approved February 19, 1951 (Ga. Laws 1951, p. 190); to provide procedure therefor; to provide for reversion of said property in certain contingencies; to provide for assumption of debts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The Brunswick Ports Authority, created by that Act of the General Assembly approved March 8, 1945 (Ga. Laws 1945, p. 1023) is hereby authorized and empowered, acting through its members and in their discretion, to assign, convey, grant or otherwise transfer any or all of its facilities, assests, and property, whether real, personal, tangible, intangible, or otherwise, to the State Ports Authority, created by that Act of the General Assembly approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended by an Act approved January 30, 1946 (Ga. Laws 1946, p. 60) and an Act approved February 17, 1949 (Ga. Laws 1949, p. 778) and an Act approved February 19, 1951 (Ga. Laws 1951, p. 190), and said State Ports Authority is hereby authorized and empowered to receive said conveyance and transfer, and to that end, the provisions of Section 4 of said Act, prohibiting the acquisition of property subject to encumbrances in certain instances, shall not apply hereto. Conveyance to State Ports Authority. Section 2. Said conveyance and transfer, if and when made, shall be made in consideration of the assumption of all liabilities outstanding against the Brunswick Ports Authority by the State Ports Authority; provided however, nothing herein shall be construed as impairing the obligation of any contract outstanding against the Brunswick Ports Authority, nor shall the assumption of liabilities by said State Ports Authority be construed as creating a charge against the facilities, funds or property of said Authority, but said obligations shall be payable solely out of funds derived from operation of the Brunswick Ports Authority facilities, or such other funds as may be made available therefor or may be appropriated by the State Ports Authority out of funds not otherwise obligated. Section 3. After such conveyance and transfer, the State Ports Authority shall have sole and exclusive authority to administer, control, and develop the property, facilities and assets so conveyed, but nothing in this Act shall be construed as dissolving or otherwise destroying the corporate existence of the Brunswick Ports Authority, or in anywise affecting the corporate powers and authority

Page 3344

thereof as provided by law, it being the sole purpose of this Act to authorize the transfer of properties as aforesaid, leaving said Brunswick Ports Authority otherwise unaffected. Section 4. In the event the said State Ports Authority fails for any reason to substantially commence development of the properties conveyed as herein provided, within three years of such conveyance then and in that event said properties, facilities and assets shall revert to the ownership and control of the Brunswick Ports Authority without the necessity of re-entry by the latter or the taking of any other action or proceedings, and it shall thereupon be the duty of the State Ports Authority to forthwith deliver possession of all such properties, facilities, and assests to the Brunswick Ports Authority. Reversion. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1955. CLAYTON COUNTY WATER AUTHORITY. No. 367 (House Bill No. 390). An Act to create the Clayton County Water Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipalities; to confer powers and impose duties on the Authority; to provide for the membership of the Authority, their tenure of office and their 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 certificates

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of the Authority payable from the revenues of the Authority from tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings and projects and to authorize the collection and pledging of the revenues and earnings of such Authority for the payment of such certificates; to authorize said Authority to establish a sewer system or systems in said county so as to vest in the Clayton County Water Authority the same powers, jurisdiction and authority it has by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a sewer system or systems as it may have to establish, operate and maintain a water system; to provide that all of the acts of said Authority shall be approved by the county governing authority; to provide for the separate enactment of each of the provisions of this Act, and to provide that the rights and powers conferred by this Act shall be cumulative and in addition to the existing laws; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That the County of Clayton shall have the right, power and authority to operate, build and maintain a waterworks system, together with the right to acquire lands, construct waterworks facilities, including projects embracing sources of water supply and related facilities; to sell water and its related facilities to individuals, private concerns, governmental agencies and municipalities and counties of this State and to further authorize the said County of Clayton to accept franchises for that purpose granted by other municipalities and by counties of this State to said County of Clayton. Waterworks system. Section 2. The powers granted by this Act shall authorize the County of Clayton to lay or construct water mains and water distribution systems both within and without the limits of said county, and to issue water revenue-anticipation certificates for such purposes as may be authorized by law. Revenue-anticipation certificate.

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Section 3. The said County of Clayton shall have the right, power and authority to exercise police powers over the entire water system and shall have the right and authority to make rules and regulations governing the construction, operation, and maintenance, extension and connections with any water main within or without the limits of said county and shall have the right and authority to require all users of water who connect with the water mains to install proper meters and make connections in accordance with the rules and regulations provided therefor and shall have the right and authority to refuse to sell or furnish water to any person, firm, county, corporation or municipality who fails or refuses to comply with such rules and regulations as may be promulgated for the operation of said water system. Nothing contained herein shall be construed as requiring the county to furnish water to any consumer if in the discretion of said county it is not deemed feasible or desirable to do so. Powers of county. Section 4. The said water system is to be constructed, maintained and operated for and on behalf of said county by a five-man board known as the Clayton County Water Authority which shall be composed of the following citizens of said county to wit: J. A. Garner, Elmer B. Sanders, H. J. Piette, O. W. Simmons, Norman G. LaMotte. The first three named to serve a term of six years and the last two a term of three years, and until their successors are selected. They shall organize and elect themselves a chairman, vice-chariman, and secretary, and shall report their actions to the grand jury for said county meeting at the November term of the superior court of said county. They shall have the right to fill any vacancies that may occur on said board prior to the regular expiration of a regular term. All terms shall begin and end on the first day of March, and the county governing authority shall appoint their successors at the end of any regular term. A majority of said board shall constitute a quorum for the transaction of business, and they shall have the right to meet whenever they shall deem it for the best interest of said Authority. Notice of such meeting shall be given each member in writing at

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least three days before such meeting, and a majority of said board or the chairman may call such meeting upon giving the required notice. The officers of said board shall serve at the pleasure of said board. Members of the board shall receive $10.00 per meeting, payable out of the earnings of said authority. Clayton County Water Authority. Meetings. Section 5. Said board shall have general supervision and control over the entire water system or systems that may be constructed and placed in operation for said county, together with the right to expand or curtail such operations as it may deem advisable. The board shall regualte and provide for the use of its water, fix the time, place and rates for such usage, and in default may cause such services to be discontinued until all arrears are fully paid, and may issue executions for any amount that may be past due and the secretary or clerk of said board is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. The board shall have power to construct, alter, expand and maintain such water system with the funds made available to it by the county governing authority by the issuance and sale of bonds, or revenue-anticipation certificates issued by said county, and by funds arising from the operation of said water system. The Authority shall have the right to join with the county in the issuance of revenue-anticipation certificates and pledge the revenues of the Authority to the payment of any such certificates so issued. Powers and duties of Authority. Section 6. The board is hereby charged with the duty of collection for all services rendered by said water system of said county and is hereby required to keep money so collected in a bank or banks as may be required by the county governing authority. Any person handling any of such funds shall be required to give a surety bond in such amount as may be required by said board and approved by the county governing authority. The board at all times shall maintain a schedule of fees, rates and tolls for the services of said water system as shall be sufficient to retire any revenue certificates, or other indebtedness incurred in the construction, maintenance, operation,

Page 3348

and expansion of said water system, and to provide for any reserves and funds required to be maintained by the county in connection with the issuance of any such revenue certificates, together with sufficient amounts to pay the current operating costs of such water system. Any funds accumulated in excess of those required for the above purposes and not needed in the operation, maintenance, and expansion of such system, shall be transferred to the county governing authority to retire any general obligation water bonds that may be outstanding and any excess over the payments that may be due on such bonds shall be used by said county for any legal purposes for which taxes may be levied or expended. Funds. Section 7. The board shall have power to employ or discharge its employees at its pleasure. It shall make quarterly reports to the county governing authority of all monies it has received and expenditures made in the operation of said water system. Employees. Reports. Section 8. Said board shall be amenable to the county governing authority and subject to removal from office for neglect of duty or malfeasance in office. Section 9. The said Clayton County Water Authority is hereby authorized to construct a county sewerage system in said county, and all rights conferred to said board to construct, operate, and maintain a water system for said county and to join with the county in the issuance of revenue-anticipation certificates for that purpose, shall likewise apply the construction operation and maintenance of a sewerage system for said county. Sewerage. Section 10. Any water or sewerage systems that may be constructed under the provisions of this Act shall be construed to be property of Clayton County, and nothing in this Act shall be construed to limit the said County of Clayton in issuing bonds, revenue certificates or any other means of financing as are now or hereafer recognized by law for the development of such water or sewerage facilities. The powers and rights conferred by this Act

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shall be cumulative to the powers and rights that now exist. Powers of county. Section 11. The county governing authority may in its discretion alter, change, modify or repeal any of the rules or regulations adopted by the water authority. Section 12. The term county governing authority used in this Act shall be construed to mean the regularly elected commissioner or commissioners of roads and revenues of said county. Section 13. 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 become void, but only so much of the same as may be declared void. Section 13. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act, be and the same are hereby repealed. Georgia, Clayton County: Notice is hereby given that there will be introduced at the next January session 1955 of the General Assembly of Georgia local legislation to provide for a Clayton County Water Authority, the title to such bill to be as follows: An Act to create the Clayton County Water Authority and to authorize such Authority to acquire, construct, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipalities; to confer powers and impose duties on the Authority; to provide for the membership of the Authority and their tenure of office and their 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 under-takings

Page 3350

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 and to define the rights of the holders of such obligations; to make bonds or certificates of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds and certificates to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide for the validation of such bonds or certificates; to authorize said Authority to establish sewer system or systems in said county, so as to vest in the Clayton County Water Authority the same powers, jurisdiction, and authority with reference to the Clayton County sewer system which the said Clayton County Water Authority has by virtue of this Act with reference to the Clayton County water system; to provide that said Water Authority shall be separate and distinct from the office of commissioner of roads and revenues of said county; 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 the 21st day of December, 1954. E. Alvin Foster and Edgar Blalock, Representatives, Clayton County, Georgia. County of Clayton, State of Georgia. This is to certify that the above notice to apply for local legislation was published in the Clayton County News and

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Farmer, legal organ of Clayton County, on Dec. 30, 1954 Jan. 6, 13, 1955. /s/ W. Lloyd Matthews, Editor and Publisher, Clayton Co. News Farmer. Sworn to and subscribed before me, this January 17, 1955. /s/ Mary L. Matthews, Notary Public. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. Notarial Seal Affixed. Approved March 7, 1955. LEESBURGSTREET CLOSING AUTHORIZED. No. 369 (House Bill No. 216). An Act to authorize and direct the Mayor and Council of the Town of Leesburg to close and vacate a certain street in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Town of Leesburg, by and through its mayor and council, is hereby authorized and directed to close and vacate Fourth Street in the City of Leesburg between Starkesville Street and Academy Street. Fourth Street. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: This is to notify all concerned that it is my intention

Page 3352

to introduce the following legislation affecting Lee County in the 1955 session of the General Assembly of Georgia: (1) Bill to increase the annual salary of the Treasurer of Lee County, Georgia. (2) Bill to amend the charter of the City of Leesburg, Georgia, to close Fourth Street in the City of Leesburg, between Starkeville and Academy Streets. This the 5th. of November 1954. W. M. Coxwell, Representative Lee County, James M. McBride, Senator 10th. Senatorial District. Georgia, Lee County. Personally before the undersigned officer duly authorized to administer oaths appeared W. M. Coxwell, who being first duly sworn deposes and says on oath that the notice of intention to introduce local legislation, copy of which is hereto above attached, was published in the Lee County Journal, the newspaper in which sheriff's advertisements for Lee County, Georgia, are published, on November 26, and December 3, 1954, and Jan. 22, 1955. /s/ W. M. Coxwell W. M. Coxwell. Sworn to and subscribed before me this 18 day of January, 1955. /s/ G. Stuart Watson Notary Public, Dougherty County, Georgia. Approved March 7, 1955.

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LAFAYETTEREGISTRATION OF VOTERS. No. 370 (House Bill No. 255). An Act to amend an Act entitled An Act to amend, codify and consolidate the various Acts incorporating and amending the incorporation of the City of LaFayette in the County of Walker and to extend and define the corporate limits thereof; to provide for sanitation and sewage of said city; and for the general welfare of its residents and for other purposes., approved August 17, 1914 (Ga. Laws 1914, p. 936), as amended, so as to provide for the permanent registration of voters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend, codify and consolidate the various Acts incorporating and amending the incorporation of the City of LaFayette in the County of Walker and to extend and define the corporate limits thereof; to provide for sanitation and sewage of said city; and for the general welfare of its residents and for other purposes., approved August 17, 1914 (Ga. Laws 1914, p. 936), as amended, is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof the following: Section 7. The mayor and council shall provide suitable books or cards, or both, for the permanent registration of voters of said city. Every person registered shall take the following oath: I do solemnly swear that I am eighteen years of age, that I will have been a resident of the City of LaFayette for six months on or before the date of the next city election and am qualified to vote for members of the General Assembly. The clerk or other person designated by the mayor shall be the registrar of the city. He is hereby given the authority to administer the above oath. No person registered as of December 7, 1954, or registering after the

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approval of this Act shall be required to again register as a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified. Whenever an election is to be held for said city, the registrar shall close the registration records five days before such election. The registrar shall keep such records open for at least thirty days before the closing of the records. It shall be the duty of the registrar to make a list of the qualified voters for each election and no person not listed thereon shall be entitled to vote. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Registration. 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 there will be introduced at the January 1955 session of the General Assembly of Georgia, a bill to provide for a permanent registration list for the City of LaFayette; and for other purposes. This 28th day of December, 1954. Robert E. Coker, Albert E. Campbell, Representatives, Walker County. 1-12-3t. Georgia, Walker County. Before me, the undersigned officer, duly authorized to administer oaths in said State and county, personally appeared E. P. Hall, who first being duly sworn, on oath says and deposes that the above and foregoing notice is a true and correct copy of a legal notice which appeared in the Walker County Messenger, the same being the newspaper in Walker County, Georgia, in which the sheriff's advertisements are published, and that the same appeared on the following dates, to wit: December 29, 1954; January 5, 1955 and January 12, January 12, 1955 and January 12, 1955. Affiant

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further says and deposes that he is the owner, editor and publisher of the said Walker County Messenger. /s/ E. P. Hall, Affiant. Sworn to and subscribed before me, this 22nd day of January, 1955. /s/ Betty Lou Hall, Notary Public, Walker County, Georgia. My commission expires 7/31/56. Notarial Seal Affixed. Approved March 7, 1955. COMPENSATION TO PARKER-WHITE MOTOR COMPANY FOR DAMAGE TO AUTOMOBILE. No. 59 (House Resolution No. 25-83a). A Resolution. To compensate Parker-White Motor Company for damages to their automobile when hit by a vehicle owned by the State Department of Corrections and driven by a prisoner at the Georgia State Prison at Reidsville, Georgia; and Whereas, on December 14, 1954, the Parker-White Motor Company at Waynesboro, Georgia, had lawfully entered and driven a 1952 Ford Fordor sedan upon the highway near the Georgia State Priosn and while driving the same upon the premises of the Georgia State Prison, when said automobile was hit by a truck driven by a prisoner of the State Department of Corporations; and that Whereas, the Parker-White Motor Company automobile was damaged as a result of said collision in

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the sum of one hundred eighteen dollars and seventy-nine ($118.79), that being the amount expended on the repair of said vehicle and said sum being spent for the repair of said vehicle being the lowest competitive bid for doing the necessary repair of said vehicle; and that Whereas, it appears that the accident which resulted in damages to the Parker-White Motor Company car was caused by the negligence of the driver of the Prison's truck in driving in a reckless and careless manner upon the premises of the Georgia State Prison; and that Whereas, it appears that the Parker-White Motor Company was not negligent and could not have avoided the collision; It is, therefore, resolved by the House of Representatives, the Senate concurring, that the State Department of Corrections be, and it is hereby ordered and directed to pay to the Parker-White Motor Company of Waynesboro, Georgia, the sum of one hundred eighteen dollars and seventy-nine ($118.79), as compensation for damages to its 1952 Ford fordor sedan on December 14, 1954, as the result of said accident. The payment of said sum should be made from the funds available to the State Department of Corrections. Approved March 7, 1955. LAW BOOKS TO THOMAS COUNTY. No. 61 (Senate Resolution No. 29). A Resolution. Authorizing the State Librarian to furnish to the law library of Thomas County, without cost to said county, certain law books, and for other purposes.

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Whereas, a county law library has been established in Thomas County for the use of the judges, solicitors and officers of the various courts of said county, and Whereas, said library is in need of a set of the Reports of the Supreme Court of Georgia and the Court of Appeals Georgia, and is also in need of a Code of Georgia, and Whereas, the business of the courts in said county is hampered and delayed because of the lack of the foregoing; Now therefore, be it resolved by the General Assembly of the State of Georgia that the State Librarian be authorized and directed to furnish to the law library of Thomas County the following law books: Volumes 1 through 210, inclusive of the Reports of the Supreme Court of the State of Georgia. Volumes 1 through 90, inclusive, of the Reports of the Court of Appeals of the State of Georgia. Be it further resolved, that, if for any reason the State Librarian cannot furnish the above books, the Governor of the State of Georgia is hereby authorized to draw his warrant upon the State treasury for the amount required for said books, provided funds are available for the purpose. Approved March 7, 1955. LAW BOOKS TO MONTGOMERY COUNTY. No. 63 (Senate Resolution No. 34). A Resolution. Authorizing and directing the State Librarian to furnish to the Superior Court of Montgomery County certain volumes of law books.

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Whereas, certain of the Georgia Supreme Court Reports, the Georgia Court of Appeals Reports and Georgia Laws belonging to the Clerk of Montgomery County have been lost or destroyed; and Whereas, such books are necessary to the Superior Court of Montgomery County in the transaction of its business and that of the State: Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Montgomery County without cost the following volumes: 1. Volumes one through two hundred and ten, Georgia Supreme Court Reports. 2. Volumes one through seventeen, twenty-three through twenty-nine, thirty-one and volumes thirty-seven to ninety of the Georgia Appeals Reports. 3. Georgia Laws of 1920 through Georgia Laws 1953, November-December Session. 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 March 7, 1955.

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LAW BOOKS TO ORDINARY OF HARALSON COUNTY. No. 67 (House Resolution No. 93-332b). A Resolution. Authorizing the State Librarian to furnish certain law books to the Court of Ordinary of Haralson County. Whereas, certain law books belonging to the Court of Ordinary of Haralson County have been lost or destroyed; and Whereas, such books are necessary for the court of ordinary to transact its business and that of the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Haralson County, without cost, the following books: Volumes 3, 6, 16, 18, 20, 24, 30, 34, 40, 53, 60, 62, 63, 64, 65, 70, 73, 83, 91, 97, 101, 115, 118, 120, 123, 131, 132, 136, 140, 142, 144, 161, 162 and 190 of the Georgia Reports, and Volumes 1, 4, 7, 9, 10, 12, 13, 14, 15, 16, 24, 27, 33, 34, 79, and 80 of the Georgia Appeals Reports. 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 Treasrer for the amount required to purchase the same, on any unappropriated fund in the State treasury, provided said funds are available for this purpose. Approved March 7, 1955.

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BARROW COUNTY COMMISSIONERSAMENDMENTS. No. 378 (House Bill No. 475). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Barrow County approved March 10, 1937 (Ga. Laws 1937, p. 1240), as amended, particularly by an Act approved December 22, 1937 (Ga. Laws 1937-1938, Extra Session, p. 756), and by an Act approved March 25, 1947 (Ga. Laws 1947, p. 569), so as to change the compensation of the members of the board; to provide the procedure for electing the chairman of the board; to provide for bids for certain purchases; to provide for payment of accounts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Barrow County approved March 10, 1937 (Ga. Laws 1937, p. 1240), as amended, particularly by an Act approved December 22, 1937 (Ga. Laws 1937-1938, Extra Session, p. 756), and by an Act approved March 25, 1947 (Ga. Laws 1947, p. 569), is hereby amended by adding at the end of Section 4 of the following: The member elected from any road district who receives the greatest number of votes shall be the chairman of the board. In the event two or more of the members elected receive the same number of votes, the members shall elect their own chairman, so that when so amended Section 4 shall read as follows: Section 4. Be it enacted by the authority aforesaid, that there shall be a commissioner from each road district and he must be a resident of the road district which he represents, each road district being thus represented on said board by a resident respectively. Each commissioner shall be elected by the qualified voters of Barrow County at large. The resident of a road district receiving the highest number of votes by the voters of Barrow

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County shall be declared elected to represent his district on said Board of Commissioners of Roads and Revenues of Barrow County, Georgia. The member elected from any road district who receives the greatest number of votes shall be the chairman of the board. In the event two or more of the members elected receive the same number of votes, the members shall elect their own chairman. Election of members. Chairman. Section 2. Said Act is further amended by striking in its entirety Section 9 and inserting in lieu thereof a new Section 9 to read as follows: Section 9. The board shall not pay out any money for any purpose except on the submission of an itemized sworn account and approval by a majority vote of the board. After approval of an account, a check in payment therefor shall be issued and signed within ten days of such approval; and all checks or vouchers shall be signed by the chairman and countersigned by the clerk, except that after an account has been approved by the board for payment the other two members of the board are hereby authorized to sign a check or voucher for payment of such account in lieu of the chairman in the event of the chairman's inability or refusal to so sign. Expenditures. Section 3. Said Act is further amended by striking in its entirety Section 11 and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The chairman of the board shall be compensated in the amount of $3,000.00 per annum, payable in equal monthly installments from the funds of Barrow County, and he shall be on a full time basis and devote himself solely to the duties of his office. The other members of the board shall be compensated in the amount of $25.00 per month, to be paid from the funds of Barrow County, and shall devote the time necessary in assisting the chairman. Compensation of members. The said commissioners shall elect a clerk whose duty shall be to keep a full and accurate record of all the

Page 3362

actions and doings of the said board of commissioners at the courthouse of said county, and he shall be furnished an exclusive office for that purpose, which records shall be opened for the inspection of the public at all times during office hours and when the said board is not in session, he shall perform such other duties and keep such records as required by law or may be required of him by said board, and for his services he shall receive a sum of not more than one hundred fifty ($150.00) dollars per month, the actual amount to be determined by the board of commissioners, payable monthly by the treasurer of the said county, and with the further provision that the said clerk shall not be a member of the board of commissioners and shall give his entire time to the work of his office. Provided, however, that the salary increases provided herein shall not become effective until January 1, 1957. Clerk. Section 4. Said Act is further amended by striking in its entirety Section 12 and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The board shall be the purchasing agent of Barrow County and shall purchase any and all things for the use of the county. Requests for supplies must be submitted to the board in duplicate and purchased by the board, except for such limit as may be given any county official by the board. For all purchases of $100.00 or more, the board shall request bids and such bids may be requested by either one or more of the following methods: (1) the publication of the request for bids one time in a newspaper of general circulation in Barrow County; (2) the posting on the Barrow County courthouse door for a period of three days the request for such bid; (3) the notification of the request for such bids by mail of all known eligible bidders within Barrow County and such bidders outside Barrow County as the board shall deem expedient. Purchases. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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Barrow County, Georgia. Personally appeared before me the undersigned, an officer empowered to administer oaths came Robert L. Russell, Jr., who after being duly sworn states and deposes that he is the author of the foregoing bill to amend an Act creating a Board of Commissioner of Roads and Revenues for Barrow County, and that notice of intention to apply for such legislation, a copy of which is below attached was published in the Winder News, a newspaper in which the sheriff's advertisements for Barrow County, are published in the issues of 5, 12, and 19th January, 1955; 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/ Robert L. Russell, Jr. Sworn to and subscribed before me, this 31 day of January, 1955. /s/ Arthur K. Bolton, N. P. Spalding County, Ga. Notice of Intention to Introduce Local Legislation. Georgia, Barrow County. Notice is hereby given that it is my intention to introduce at the 1955 session of the General Assembly of Georgia, a bill to provide that any person, otherwise qualified, from any militia district may be elected chairman; to provide that candidates for chairman shall designate upon qualification that they are offering for chairman; the candidate so qualifying and obtaining the largest number of votes shall be chairman; to provide that the chairman shall devote his time solely and exclusively to county matters; to provide for a monthly salary for said chairman in an amount of $300.00, payable monthly; to increase the salaries of the other commissioners from $12.50 to $25.00 per month; to provide that the present limitation of signatures for payments be amended so that any two commissioners may sign valid

Page 3364

checks, vouchers or obligations, after approval as is now required by law. All matters pertaining to salary increases to become effective January 1, 1957, at the expiration of the current terms of said Commissioners. This the 4th day of January, 1955. Robert L. Russell, Jr. Representative-Elect, Barrow County, Georgia. 1-5-4tc. Approved March 9, 1955. AUGUSTA PENSION SYSTEMAMENDMENTS. No. 379 (House Bill No. 562). An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws of 1798), as amended by the following Acts, to wit: An Act approved July 31, 1923 (Ga. Laws 1923, pp. 443-444); an Act approved August 11, 1924 (Ga. Laws 1924, pp. 450-451); an Act approved March 23, 1933 (Ga. Laws 1933, pp. 866-868); an Act approved March 3, 1943 (Ga. Laws 1943, pp. 1239-1256); and an Act approved February 23, 1945 (Ga. Laws 1945, pp. 735-737); all relating to the establishment of a pension plan for employees of the Fire Department and the Police Department of the City Council of Augusta; so as to provide for reinstatement to such pension plan of former members of the said pension plan, to define the terms of eligibility for such reinstatement, to provide for the contribution by applicants for reinstatement to such pension plan, to repeal conflicting laws, and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws of 1798), as amended by the following later Acts, to wit: An Act approved July 31, 1923 (Ga. Laws 1923, pp. 443-444); an Act approved August 11, 1924 (Ga. Laws 1924, pp. 450-451); an Act approved March 23, 1933 (Ga. Laws 1933, pp. 866-868); an Act approved March 3, 1943 (Ga. Laws 1943, pp. 1239-1256); an Act approved February 3, 1945 (Ga. Laws 1945, pp. 735-737); be amended as follows: By adding to said charter of the City of Augusta, as amended by the various amendatory Acts hereinbefore referred to, the following new section, which shall provide as follows: (1) Any former member of the police department or the fire department who has been re-employed by the City Council of Augusta in some other capacity or in some other department, may upon application be reinstated to full membership and benefits in the pension and retirement plan of the police department and fire department by showing as follows: A. That said applicant, while in the employ of the police department or of the fire department did make contributions to said pension fund and plan for a period of at least ten years, and that all of such contributions have been allowed by said applicant to remain in said fund. Reinstatement in pension plan of police and fire departments. B. That applicant formerly participated in the said pension plan for a period of at least ten years prior to his separation as an employee of either the Fire Department or the Police Department of the City Council of Augusta. C. That the applicant has been re-employed and is

Page 3366

presently employed by the City Council of Augusta in any of its various departments. D. That the application for re-instatement is being made within four years of the date when said applicant was first re-employed by said City Council of Augusta. E. That no more than six years elapsed from the date of said applicant's separation from the police department or the fire department and his re-employment by the City Council of Augusta. F. That the application for re-instatement shall be accompanied by a tender of one and one-half percent of applicant's total earnings as an employee of the City Council of Augusta during the entire period of his re-employment, which contribution shall be paid into the pension fund for the firemen and policemen of said City Council of Augusta. G. That applicant, at the time of making such application, shall not be more than fifty years of age. H. That said applicant shall accompany his application by the certificate of a doctor showing said applicant to be in good physical and mental health. I. That the period of such re-employment with the City Council of Augusta shall have been continuous for a period of at least two years at the time of the making of such application. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. State of Georgia, Fulton County. Personally appeared before the undersigned officer duly authorized by law to administer oaths, R. Lee Chambers, III, Carl E. Sanders, and W. W. Holley, who on oath depose and say that notice of the intention to introduce the foregoing attached bill was duly published

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in the Augusta Chronicle, which was at the time the official news organ of Richmond County, Georgia, three times within a sixty day period prior to its introduction, on the following three dates, to wit: January 28, 1955, February 4, 1955, and February 11, 1955. /s/ R. Lee Chambers, /s/ Carl E. Sanders, /s/ W. W. Holley. Sworn to and subscribed before me, this 11th day of February, 1955. /s/ John W. Sognier, Notary Public, State of Georgia. Chatham County. Affidavit of Publication. Attorney or AgencyPierce Brothers. BusinessAttorneys-At-Law. State of Georgia, Richmond Georgia. Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for The Augusta Chronicle The Augusta Herald a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Local Legislation: Augusta Fireman Policemen Pension Plan. duly appeared in said newspaper on the following dates to wit: January-28-February-4 (C) February-10-(H)-1955. /s/ Jack E. Webb. Sworn to and subscribed before me, this 10th day of February 1955. /s/ Geo. M. Peters, Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal).

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Notice. Notice is hereby given that there will be presented to the General Assembly of the State of Georgia, in session now convened for the year, 1955, an Act entitled an Act to amend an Act approved August, 17, 1925, (Acts 1925, pp. 867-872), entitled An Act to amend the Act approved July 31, 1923 (Acts 1923, pp. 443 and 444, entitled `An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia; and for other purposes, as amended by the Act approved August 11, 1924 (Acts 1924, pp. 450 and 451), entitled an `An Act to amend an Act approved July 31, 1923, entitled An Act to amend the charter of the City of Augusta, incorporation as the City Council of Augusta, Georgia, and an Act entitled an Act approved March 23, 1933, so as to provide for the reinstatement, on application of any person formerly employed and participating in the above pension plans known as the Augusta Firemen and Policemen Pension Plan, upon application for reinstatement, showing that the applicant participated in said plan for a period of 10 years prior to his separation, and did not receive a refund of any pension paid into said pension plan at the time of his separation from the Fire or Police Departments of the City of Augusta, and has not since said separation sought or procured the return of any such payments; provided said applicant shows that he has returned to the employ of the City Council of Augusta as a permanent employee, and has applied for reinstatement within four years of the date of such return as a permanent employee, and submits with his application for reinstatement under said pension plan such payments as should be paid to make said applicant current under the pension

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plan from the date of his reinstatement to the date of the application. W. W. Holley, R. Lee Chambers, III, Carl E. Sanders, Members of the House of Representatives from Richmond County, Georgia. Jan. 28; Feb. 0, 10. Approved March 9, 1955. WAYCROSS JUDICIAL CIRCUITSOLICITOR-GENERAL'S SALARY. No. 383 (House Bill No. 506). An Act to amend an Act approved August 20, 1917 (Ga. L. 1917, p. 299) which provided a salary for the Solicitor-General of the Waycross Judicial Circuit as amended, particularly by an Act approved February 11, 1949, (Ga. L. 1949, p. 533), so as to increase the compensation of the solicitor-general; to provide the proportion of the compensation to be paid by each of the several counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 20, 1917 (Ga. L. 1917, p. 299) which provided a salary for the Solicitor-General of the Waycross Judicial Circuit, as amended, particularly by an Act approved February 11, 1949 (Ga. L. 1949, p. 533), is hereby amended so as to provide that the salary to be paid the Solicitor-General of the Waycross Judicial Circuit shall be $7,000 per annum to be paid monthly. The portion of the salary payable by each of the counties composing the Waycross Judicial Circuit to the solicitor-general thereof in compensation for services

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of such solicitor-general shall be paid by each of the counties as follows on the first day of each month. Salary Ware $181.20 Coffee 129.30 Pierce 86.32 Bacon 68.98 Brantley 63.34 Charlton 54.20 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. MICROFILM RECORDS OF ORDINARY IN CERTAIN COUNTIES. No. 384 (House Bill No. 447). An Act to authorize the ordinary of any county having a population of not less than 62,000 according to the 1950 census to maintain microfilm records of the official organ of the county or other newspapers and such other records as may be required by law; to provide that such equipment may be provided by the proper county authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The ordinary of any county of this State, having a population of not less than 62,000 according to the 1950 United States census or any future United States census, may install and use microfilm equipment or other photographic equipment in recording, copying and furnishing copies of any and all instruments, including newspaper records and proceedings or parts of the same, of record or on file in said office. Such equipment and supplies for the same may be provided by the proper and

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respective county authorities out of county funds. The provisions of this Act for the installation and use of such equipment shall be construed to be permissive only, and are cumulative of existing provisions of law. Counties in which applicable. Section 2. No provision of this Act shall be construed to change or repeal any rule of court or provision of law relating to records on appeal or review; in the courts of this State. Section 3. If any portion of this Act shall be declared invalid, the remainder of this Act and the application of such portion to other persons and circumstances shall remain unaffected. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. JUVENILE COURT JUDGE'S SALARY IN CERTAIN COUNTIES. No. 393 (House Bill No. 437). An Act to fix the salaries of the judges of juvenile courts in counties of Georgia having a population of 400,000 or more by the last or any future United States census; to provide for its payment out of the county treasury; 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. Juvenile court judge's salary. In counties of Georgia having a population of 400,000 or more by the last or any future United States census, the salary of the judge of the juvenile court shall be the sum of $11,500.00 per annum, payable in equal monthly amounts, out of the country treasury of such county. Salary.

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Section 2. Repugnant laws. Be it further enacted that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved March 9, 1955. SALARIES OF CERTAIN OFFICERS IN CERTAIN COUNTIES. No. 399 (House Bill No. 366). 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 make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants; to provide for the furnishing the sheriff in such counties with automobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide that no county official, deputy, assistant, or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to provide for the payment of such officers, deputies, clerks, or assistants by the fiscal agent of such county; to provide for the employment of a full-time comptroller by the county commissioners, to audit all county offices and agencies quarterly; to provide for ratification or rejection of this Act by the qualified voters of the counties so affected; to repeal conflicting laws or parts of laws; and for other purposes, approved February

Page 3373

14, 1950, as the same has been heretofore amended, by increasing the maximum salary limits of certain county officers, of the deputies and assistants of certain county officers, and of any full time comptroller employed under the authority of said Act, as amended; by striking therefrom the provisions that certain of said county officers shall be paid the same salary and that the county board shall fix the salaries of such officers uniformly; to repeal all acts and parts of acts in conflict with this amendment; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly, approved February 14, 1950, 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 regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers, to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants; to provide for the furnishing the sheriff in such counties with automobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide that no county official, deputy, assistant, or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to provide for the employment of a full-time comptroller 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

Page 3374

so affected to repeal conflicting laws or parts of laws; and for other purposes; as the same has been heretofore amended, is hereby further amended as follows: Act of 1950 amended. (a) By striking from Paragraph (a) of Section 2 thereof the symbol and figures $7000, and substituting in lieu thereof the symbol and figures $8000.00. (b) By striking from Paragraph (b) of Section 2 thereof the symbol and figures $7000, and substituting in lieu thereof the symbol and figures $8000.00. (c) By striking from Paragraph (c) of Section 2 thereof the symbol and figures $7000, and substituting in lieu thereof the symbol and figures $8000.00. (d) By striking from the seventh line of Section 3 the symbol and figures $5000 and substituting in lieu thereof the symbol and figures $5500. (e) By striking from the ninth line of Section 3 the symbol and figures $3000 and substituting in lieu thereof the symbol and figures $3300. (f) By striking from the eleventh line of Section 3 the symbol and figures $3600 and substituting in lieu thereof the symbol and figures $3960. (g) By striking from the thirteenth line of Section 3 the symbol and figures $2100 and substituting in lieu thereof the symbol and figures $2310. (h) By striking from the sixth line of Section 5 the symbol and figures $2100 and substituting in lieu thereof the symbol and figures $5500. (i) By striking from the ninth line of Section 5 the symbol and figures $3000 and substituting in lieu thereof the symbol and figures $3300. (j) By striking from the twelfth line of Section 5 the

Page 3375

symbol and figures $2400 and substituting in lieu thereof the symbol and figures $2640. (k) By striking from the sixth line of Section 17 thereof the symbol and figures $5000 and substituting in lieu thereof the symbol and figures $5500. Section 2. That all Acts and parts of Acts in conflict herewith be, and the same are, hereby repealed. Approved March 9, 1955. ZONING IN CERTAIN COUNTIES. No. 400 (House Bill No. 445). An Act to amend an Act (Ga. Laws 1951, p. 481) as amended by Georgia Laws November-December Session, 1953, pages 124-127 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., by creating a new section to be known as Section 21-a which section shall specify the mode of appeal from any decision of the board of zoning appeals or any official charged with the enforcement of any order, requirement or decision of said board to the superior court of said county and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That an Act entitled: An Act to amend an Act (Ga. Laws 1951, p. 481) as amended by Georgia Laws November-December Session 1953, pages 124-127 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. is hereby amended by creating and adding thereto a new section to be known as Section 21-a which shall read as follows: Act of 1953 amended. Section 21-a. Mode of appeals to the superior court. Appeals to the superior court from the board of zoning appeals or from any official charged with the enforcement of any order, requirement or decision of said board shall be the same as an appeal to the superior court from any decision made by the court of ordinary and as specified in Chapter 6-2 of the Code of Georgia except however that said appeal may be filed within thirty days from the date of the decision of the board of zoning appeals or of any official charged with the enforcement of any order, requirement or decision in connection therewith. Appeals to superior court. Section 2. Be it further enacted that all laws or parts of laws in conflict with this amendment be, and the same are hereby repealed. Approved March 9, 1955.

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BRUNSWICK JUDICIAL CIRCUITSOLICITOR-GENERAL'S SALARY. No. 403 (House Bill No. 413). An Act to amend an Act that provided for a salary system in lieu of a fee system for the Solicitor-General of the Brunswick Judicial Circuit, approved August 18, 1917 (Ga. Laws 1917, p. 279), as amended, particularly by an Act approved February 8, 1945 (Ga. Laws 1945, p. 136), so as to provide an increase in the salary of the Solicitor-General of the Brunswick Judicial Circuit; to provide for payment by the counties of the said circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a salary system for the Solicitor-General of the Brunswick Judicial Circuit, approved August 18, 1917 (Ga. Laws 1917, p. 279), as amended, particularly by an Act approved February 8, 1945 (Ga. Laws 1945, p. 136), is hereby amended so as to provide that the solicitor shall receive, in addition to his present salary, and all other allowances provided by law, the sum of twenty-four hundred dollars ($2400.00) per annum, payable on the first of each month from the funds of the counties composing the Brunswick Judicial Circuit in the following amounts: Salary. Appling County $ 31.44 Camden County $ 14.24 Glynn County $ 105.52 Jeff Davis County $ 12.10 Wayne County $ 36.70 Said sums shall be in addition to any salary now paid by the counties of the Brunswick Judicial Circuit. Section 2. The effective date of this Act shall be July 1, 1955.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955. COMPENSATION TO MAITLAND SMITH FOR DAMAGE TO AUTOMOBILE. No. 72 (House Resolution No. 60-211a). A Resolution. Compensating Maitland Smith; and for other purposes. Whereas, on October 21, 1954, at 7:50 A. M., a motor vehicle belonging to the State Fish and Game Commission and being operated by one Jule Bart Bowling, an employee thereof, and while on official business of said commission, at the intersection of Highways 441 and 84 in Homerville, Georgia, failed to stop at a traffic signal which was lighted on red in the direction that said motor vehicle was travelling; and Whereas, at said time and place one Maitland Smith was operating his motor vehicle and had the right of way by virtue of a green light on the aforesaid traffic signal; and Whereas, when said Jule Bart Bowling failed to stop as aforesaid he did run into and collide with the motor vehicle being driven by the said Maitland Smith, causing damages in the amount of $54.66 to the motor vehicle of said Maitland Smith, and Whereas, said accident and the resulting damages sustained by the said Maitland Smith was due to the fault and negligence of the said Jule Bart Bowling; and Whereas, the State Fish and Game Commission does

Page 3379

not have its said employee or the motor vehicle which he was operating covered by liability insurance; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Fish and Game Commission be, and it is hereby, ordered and directed to pay to the said Maitland Smith of Homerville, Georgia, the sum of $54.66 for his damages sustained as a result of the foregoing accident. Payment of said sum shall be made from the funds available to the State Fish and Game Commission. Approved March 9, 1955. ELECTION HOURS IN CERTAIN COUNTIES. No. 406 (House Bill No. 4). An Act to provide for the hours of holding elections in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The hours for holding all general, special and primary elections in all the counties of this State having a population of not less than 12,160 and not more than 12,190 according to the United States census of 1950 or any future census, shall be from 7:00 A. M. to 7:00 P. M. according to the legal time prevailing in the State of Georgia at all of the polling places at said counties where said elections are held. This shall not apply to any municipal elections held in the municipalities in said counties. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1955.

Page 3380

COMPENSATION TO GEORGE D. WHITTAKER. No. 76 (House Resolution No. 88-297h). A Resolution. Authorizing compensation to George D. Whittaker; and for other purposes. Whereas, George D. Whittaker of Decatur County was convicted of abandonment and was sentenced to a term of twelve (12) months on the public works; and Whereas, due to a typographical error in the records of the Department of Corrections, George Whittaker was forced to serve approximately a week longer than he was required to serve under sentence of the court; and Whereas, he performed the work of an experienced dump truck operator, for which services he would have been paid a minimum of one ($1) per hour in private employment; and Whereas, he was forced to pay attorneys' fees in the amount of $50.00, in order to obtain his release; and Whereas, it is only just and proper that he be compensated for all the above; Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Corrections is hereby authorized and directed to pay the sum of twenty-five dollars ($25.00) to George D. Whittaker as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 9, 1955.

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LAW BOOKS TO HARALSON COUNTY. No. 82 (House Resolution No. 96-332e). A Resolution. To furnish certain law books to the Clerk of the Superior Court of Haralson County. Whereas, certain law books belonging to Haralson County have been lost or destroyed; and Whereas, such books so lost or destroyed are necessary for the County of Haralson 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 Haralson County, without cost, the following books, to wit: Volumes 2, 3, 4, 7, 8, 14, 17, 20, 21, 22, 23, 24, 33, 58, 60, 61, 62, 63, 65, 68, 69, 78, 89, 127, 130, 164, and 169 of the Georgia Reports, and Volumes 1, 2, 4, 5, 10, 11, 12, and 21 of the Georgia Appeals Reports. Be it further resolved that 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 purchase of said books, on any unappropriated funds in the State treasury, provided said funds are available for this purpose. Approved March 9, 1955.

Page 3382

COMPENSATION TO OLIVER B. HUMPHREY FOR DAMAGE TO AUTOMOBILE. No. 83 (House Resolution No. 39-130d). A Resolution. To compensate Oliver B. Humphrey for damages to his automobile; and for other purposes. Whereas, on February 11, 1954 Oliver B. Humphrey was driving his 1950 Chevrolet automobile on a dirt road between the Forestry Station in Washington County and Davisboro, Georgia, when his automobile was struck by a -ton Ford truck belonging to the State Forestry Commission; and Whereas, the Forestry truck was being driven by L. W. Horton, an employee of the State Forestry Commission, while on official business; and Whereas, Oliver B. Humphrey made every effort to avoid the collision; and Whereas, Oliver B. Humphrey's 1950 Chevrolet automobile was damaged to the extent of $136.03; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Forestry Commission is hereby ordered and directed to pay to Oliver B. Humphrey the sum of one hundred thirty-six dollars and three cents ($136.03), as compensation for the damages to his automobile. The payment of said sum shall be made from funds available to the State Forestry Commission of Georgia. The payment shall satisfy all claims due to such accident. Approved March 9, 1955.

Page 3383

LAW BOOKS TO ORDINARY OF APPLING COUNTY. No. 86 (House Resolution No. 139-495d). A Resolution. To provide the Court of Ordinary of Appling County certain enumerated law books; and for other purposes. Whereas, certain law books belonging to the Court of Ordinary of Appling County have been lost or destroyed; and Whereas, these law books are necessary for the court of ordinary to transact its business and that of the State; Now, therefore, be it resolved by the General Assembly: that the State Librarian is hereby authorized and directed to furnish the Ordinary of Appling County without charge the following law books, to wit: Volumes 1, 2, 3, 6, 7, 8, 9, 10, 14, 15, 16, 17, 19, 20, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 45, 46, 47, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64, 65, 67, 69, 70, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 83, 86, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 107, 108, 113, 126, 131, 134, 137, 140, 142, 150, 153, 160, 165, 166, 167, 169, 170, 177, 189, 193 of the Georgia Reports; and Volumes 26, 28, 33, 37, 40, 46, 54 and 68 of the Georgia Appeals Reports. If for any reason the State Librarian cannot furnish the law books specified above, the Governor is hereby authorized to cause the Librarian to furnish Appling 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 that funds are available for this purpose. Approved March 9, 1955.

Page 3384

COMPENSATION TO DARRELL WIGGINS FOR DAMAGE TO AUTOMOBILE. No. 85 (House Resolution No. 118-392b). A Resolution. Proposing compensation to Mr. Darrell Wiggins for damages to his automobile. Whereas, on October 20, 1954, Mr. Darrell Wiggins was driving his car on Fifth Avenue, S. E., in the City of Moultrie, Georgia, and Whereas a truck belonging to the State Highway Department and being driven by Mr. Robert McNeese of Route #1, Douglas, Georgia, was proceeding north on Second Street, S. E., in said City of Moultrie, Georgia, and Whereas, upon reaching the intersection of said Fifth Avenue, S. E. and said Second Street, S. E., the said driver of said truck applied the brakes upon said truck in order to stop in observance of a stop sign at said intersection, and Whereas, the said brakes on said truck failed to hold and said truck ran through said stop sign, into said intersection, and into the automobile of Mr. Darrell Wiggins, causing damages in the amount of four hundred thirty and 94/100 ($430.94) dollars, and Whereas, the sole cause of this damage was the negligence of the said employee of the State Highway Department in driving upon a public road a truck with insufficient brakes. 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 Mr. Darrell Wiggins of Colquitt County, Georgia,

Page 3385

the sum of four hundred thirty and 94/100 ($430.94) 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 March 9, 1955. LAW BOOKS TO LANIER COUNTY. No. 88 (House Resolution No. 137-495b). A Resolution. Authorizing and directing the State Librarian to furnish certain books to the Clerk of the Superior Court of Lanier County; and for other purposes. Whereas, certain volumes of the Georgia Reports and the Georgia Appeals Reports are missing from the Clerk's office of the Superior Court of Lanier County; and Whereas, such books are necessary for the clerk to transact the business of his court and that of the county and of the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Lanier County the volumes of the Georgia Reports and the Georgia Appeals Reports listed below, without cost to the clerk of the county, except for the payment of packing and transportation charges, if any, which shall be paid by Lanier County: Georgia Reports: Volumes 1, 4, 10, 23, 29, 44, 60, 74, 76, 89, 90, 101, 104, 130, 139, 140, 141, 149, 150, 151, 152, 153, 154, 155, 162, 169, 170, 171, 172, 173, 174, 177, 178, 179, 180, and 181.

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Georgia Appeals Reports: Volumes 10, 14, 16, 24, 25, 26, 27, 28, 29, 36, 40, 41, 42, 43, 45, 46, 47, 48 and 59. Be it further resolved that if for any reason the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided such funds are available from any unappropriated funds. Approved March 9, 1955. COMPENSATION TO MR. AND MRS. T. P. PRICE FOR INJURIES. No. 90 (House Resolution No. 114-369h). A Resolution. To compensate T. P. Price and Mrs. T. P. Price, Smyrna, Cobb County, Georgia for injuries and property damage they received in an accident with a State Highway Patrol vehicle; and for other purposes. Whereas, on June 28, 1952, Mrs. T. P. Price was severely injured and Mr. T. P. Price's automobile was severely damaged in a collision with a Georgia State Highway Patrol vehicle, which collision occurred on U. S. Highway No. 29 within the city limits of Lawrenceville, Georgia and Whereas, Mr. Price was proceeding east on U. S. Highway No. 29 within the city limits of Lawrenceville, Georgia, going approximately 25 miles per hour when a preceding car stopped suddenly on the highway without giving any signal. Mr. Price stopped quickly just barely making contact with the preceding car, when a Georgia State Patrol car struck Mr. Price's vehicle from the rear, knocking him into the rear of

Page 3387

the car in front, knocking Mr. Price's car and the preceding car 68 feet from the point of impact; and Whereas, such accident happened through no fault or negligence on the part of Mr. or Mrs. Price, and Whereas, Mrs. Price has suffered many injuries and the car was severely damaged, and Mr. and Mrs. Price have been forced to pay doctors' bills, hospital bills, medical bills, repair bills and other bills connected with such accident, and Whereas, it is only just and proper that they be compensated therefor, 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 Mr. and Mrs. T. P. Price of Smyrna, Georgia the sum of three thousand three hundred eighty-five and 00/100 dollars as compensation as set out above. Said sum shall be paid by the State of Georgia Department of Public Safety from funds appropriated to or available to said department. Approved March 9, 1955. COMPENSATION TO F. L. SPIVEY FOR DAMAGE TO AUTOMOBILE. No. 91 (House Resolution No. 76-266g). A Resolution. To compensate F. L. Spivey for damages to his automobile; and for other purposes. Whereas, on July 6, 1954, F. L. Spivey of Swainsboro, Emanuel County, was proceeding north on the Swainsboro-Kite highway (State Highway #57) in his

Page 3388

1953 Chevrolet sedan, and approached a State Highway maintenance outfit, under the supervision of Joe Collins, working on said road; and Whereas, F. L. Spivey brought his automobile to a halt and was signaled to proceed on by a member of said maintenance outfit; and Whereas, while proceeding through the construction some unknown driver of a State Highway maintenance truck drove said truck into the left rear fender and running board of and damaged said automobile in the sum of $230.82, according to the estimate of damages made by the City Pontiac Company, Swainsboro, Georgia; and Whereas, the said State Highway truck was being operated without signal lights and the damage was caused by the negligence of the driver of said truck while performing duties within the scope of his employment; and Whereas, the damage to said automobile was in no way caused by the negligence of F. L. Spivey; Now therefore be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $230.82 to Mr. F. L. Spivey, Swainsboro, Georgia, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved March 9, 1955.

Page 3389

COMPENSATION TO MR. AND MRS. HENRY HAROLD HILL FOR INJURIES. No. 95 (House Resolution No. 81-297a). A Resolution. To compensate Mr. and Mrs. Henry Harold Hill for damage to automobile and personal injuries incurred in an accident with a State Patrol automobile; and for other purposes. Whereas, on March 28, 1953, Mr. and Mrs. Henry Harold Hill, residents of Houston County, Georgia, were riding in a motor vehicle owned and operated by the said Henry Harold Hill, said Henry Harold Hill driving the automobile in an easterly direction on Georgia State Highway No. 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 in 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,

Page 3390

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. and Mrs. Henry Harold Hill; and Whereas, as a result of said collision Mrs. Henry Harold Hill received a fractured mandible, fracture of the skull, multiple bruises and lacerations, and severe shock which required the said Mrs. Hill to be hospitalized, and which required her to be under the care of doctors and received nursing treatment for several months, which said injuries have partially disabled said Mrs. Hill; and Whereas, Mrs. Hill has already incurred hospital, doctors, nursing, and medical expense of in excess of two thousand eight hundred and fifty dollars ($2850.00) and will continue to incur such expense; and Whereas, as a result of said collision the 1951 Chevrolet coach belonging to Mr. Henry Harold Hill was completely and totally demolished, and whereas the value of said automobile at the time of collision was $1400.00; and Whereas, said Mr. Henry Harold Hill received multiple bruises and lacerations of the face, legs, and arms, four fractured ribs, which injuries have partially disabled Mr. Hill and whereas, he has lost the use of his left hand and wrist as a result of said collision; and Whereas, Mr. Henry Harold Hill has already incurred hospital, nursing, and loss of wages in excess of one thousand dollars ($1000.00); Now, therefore, be it resolved by the House of Representatives, and the Senate concurring, that the Department of Public Safety is hereby ordered and directed

Page 3391

to pay to the said Mrs. Henry Harold Hill the sum of two thousand dollars ($2,000.00) as compensation for injuries as set out above. Said department is further ordered to pay to said Henry Harold Hill the sum of one thousand eight hundred dollars ($1,800.00) as compensation for his automobile and bodily injuries. These payments shall be made from funds appropriated to or available to said department. Approved March 9, 1955. PAYMENT OF DEBTS BY CERTAIN COUNTIES. No. 416 (House Bill No. 515). An Act to provide that in all counties of this State having a population of more than 4,500 and less than 4,525, the chairman of the board of commissioners of roads and revenues may pay debts of the county out of any funds available; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties in this State having a population of more than 4,500 but less than 4,525, according to the 1950 census and all future censuses, the chairman of the board of commissioners of roads and revenue may pay all legal debts of the county from any and all funds available. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1955.

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PLUMBING REGULATIONS IN CERTAIN COUNTIES. No. 419 (House Bill No. 527). An Act to be entitled an Act to provide that the governing authorities of certain counties may fix license fees, charge for inspections, require permits and to set up a code, and provide rules and regulations for the installation of plumbing in said counties; to provide for a plumbing board; to provide for the appointment of its members; to define the duties of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of all counties in this State having a population of not less than 60,000 and not more than 62,000 according to the United States census of 1950 or any future census are hereby given authority to require all persons or firms engaged in the business of plumbing to obtain a license under terms and conditions set forth by the governing authorities of said counties, to provide for fees for the inspection of said plumbing installations, to establish a plumbing code for said counties setting forth minimum requirements, and to require a permit issued by said counties before comnencing work on any job in said counties. Section 2. The county commissioners or commission or other governing authority, of any such county is hereby authorized to appoint a plumbing board for said county, composed of five citizens of said county, two of whom shall be contracting plumbers. Two shall be appointed for a term ending January 1, 1957 and the other three appointed for terms ending January 1, 1958 and their successors appointed for three year terms. Plumbing board. Section 3. The plumbing board of said county shall make recommendations to the county commission or commissioner or other governing authority of said county as to the amount of license fee that should be charged, the

Page 3393

charges to be made for inspections on certain jobs and set forth a description of same, recommend a plumbing code for the county setting forth minimum requirements for the installation of plumbing, and pass on violations of said code and make recommendations to the commission or commissioner as to the revocation of licenses for violation of same. Duties. Section 4. Upon recommendations by the plumbing board of said county, the commission or commissioner or other governing authority, of said county shall be authorized to adopt appropriate ordinances and resolutions placing said building codes, license fees and inspection fees into effect. Code. Section 5. All license fees collected pursuant to the fixing of same by the commission or commissioner or other governing authority shall be paid into the general fund of said county. The commission or commissioner or other governing authority shall fix the compensation for board members not to exceed $10.00 per meeting. License fees. Section 6. The commission or commissioner or other governing authority of said county shall have the right to revoke the license of any plumber or plumbing concern who violates said code upon recommendation of the board, after a hearing has been given to the person who has made such violation or is charged with making such violation. Revocation of licenses. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1955.

Page 3394

LAW BOOKS TO ORDINARY OF PAULDING COUNTY. No. 100 (House Resolution No. 89-297i) A Resolution. Authorizing and directing the State Librarian to furnish certain books to the Ordinary of Paulding County; and for other purposes. Whereas, the Ordinary's office of Paulding County is missing the Georgia Reports and the Georgia Appeals Reports; and Whereas, such books are necessary for the ordinary to transact the business of his court and that of the county and of the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Paulding County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books. Approved March 16, 1955.

Page 3395

APPELLATE COURTS SUPREME COURT OF GEORGIA HON. W. H. DUCKWORTH Chief Justice HON. LEE B. WYATT Presiding Justice HON. J. H. HAWKINS Associate Justice HON. BOND ALMAND Associate Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice HON. CARLTON MOBLEY Associate Justice ROBERT H. BRINSON, JR. Law Assistant T. E. DUNCAN Law Assistant L. HAROLD GLORE Law Assistant CLAUDE M. HOUSER Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant A. B. ESTES Law Assistant ARTHUR H. CODINGTON Reporter GEORGE 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 KELLEY QUILLIAN Law Assistant BEN ESTES Law Assistant WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk J. I. GUICE Sheriff ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter

Page 3396

SUPERIOR COURT CALENDAR FOR 1955 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 Mondays in March and December. ClinchFirst Mondays in March and October, and fourth Monday in June. CookFirst and second Mondays in February, May, August, and November. LanierFourth Mondays in February, May, August, and November. ALBANY CIRCUIT. HON. CARL E. CROW, Judge, Camilla. MASTON E. O'NEAL, Solicitor-General, Bainbridge. BakerThird Mondays in January and July. CalhounFirst Mondays in June and December. DecaturFirst Mondays in May and November. DoughertyThird Mondays in March and September. GradyFirst Mondays in March and 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.

Page 3397

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. GilmerThird Monday in May; fourth Monday in October. PickensFirst Monday in April, and fourth Monday in September.

Page 3398

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 and 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 and 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 Mondays in January and July; first Mondays in April and October.

Page 3399

COBB CIRCUIT. HON. JAMES T. MANNING, Judge, Marietta. LUTHER C. HAMES, JR., Solicitor-General, Marietta. CobbSecond Mondays in February, April, June, August, October, and first Monday in December. CORDELE CIRCUIT. HON. WENDELL HORNE, JR., Judge, Cordele. HARVEY L. JAY, Solicitor-General, Fitzgerald. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Mondays and the Mondays following, in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFirst Monday in March; fourth Mondays in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. SAMUEL J. BOYKIN, Judge, Carrollton. WRIGHT LIPFORD, Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August and November.

Page 3400

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. HONS. DAVID S. ATKINSON, EDWIN A. McWHORTER, Judges, Savannah. ANDREW J. RYAN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. THOMAS J. BROWN, JR., Judge, McDonough. HUGH DORSEY SOSEBEE, Solicitor-General, Forsyth. ButtsFirst and second Mondays in February and November; first Monday in May; third and fourth Mondays in August. 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. JOHN H. McGEHEE, Judge, Thomaston. ANDREW J. WHALEN, 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.

Page 3401

LOOKOUT MOUNTAIN CIRCUIT. HON. JOHN W. DAVIS, Judge, Summerville. EARL B. (BILL) [Illegible Text], 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. ChattoogaSecond Mondays in January, April, July and October. WalkerThird Mondays in February and August, and first Mondays in May and November. MACON CIRCUIT. HONS. OSCAR L. LONG, 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 and August; and first and second Mondays in December. PeachFirst and second Mondays in March and August, and third and fourth Mondays in November. MIDDLE CIRCUIT. HON. ROBERT H. HUMPHREY, Judge, Swainsboro. W. H. LANIER, Solicitor-General, Metter. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

Page 3402

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. G. FRED KELLEY, Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Mondays in March and August. HallThird Mondays in January and July; first Mondays in May and 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 Mondays in March and September; and first Monday in August. HartFourth Mondays in February and August, and first Monday in December. MadisonFirst Mondays in March and September; fourth Monday in July; and second Monday in December. OglethorpeThird Mondays in March and September.

Page 3403

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 Mondays in March and September; second Mondays in June and 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.

Page 3404

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. JOHN C. HOUSTON, Judge, Lawrenceville. 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.

Page 3405

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. W. A. FOSTER, JR., Judge, Dallas. ROBERT J. NOLAND, Solicitor-General, Douglasville. 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.

Page 3406

TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in February and November, and first Monday in July. TiftFirst Mondays in March and September, and first and second Mondays in June and December. TurnerSecond and third Mondays in January and July, and second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. 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 Mondays in January and September; first Monday in April; 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.

Page 3407

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 3408

INDEX TABULAR INDEX FEDERAL CONSTITUTION. Amendment; memorial to Congress; a resolution 327 Bricker Amendment; support of; a resolution 336 Separation of races in Federal armed forces; proposed amendment to Federal Constitution; a resolution 185 State school systems; proposed amendment to Federal Constitution; a resolution 4 , 9 PROPOSED AMENDMENTS TO STATE CONSTITUTION. Ashburn; tax for promotion of industries 721 Atkinson County; refunding bonds 719 Bibb County; police civil service system 682 Calhoun County Board of Education 470 Chatham County; streets, sidewalks, etc. 665 Dougherty County; fire protection 675 Douglas County Board of Education 463 Effingham County Board of Education 405 General Assembly, carry-over of pending business 728 Judges Emeritus (Supreme Court, Court of Appeals, Superior Courts); powers and duties 705 McDuffie County Board of Education 668 Muscogee County; homestead exemption 332 Payment for first commercial oil well 398 Richmond County; construction of streets 460 Wheeler County Board of Education 711 CODE SECTIONS. 4-410Adding Agents' liability to third parties 346 9-201Amending Admission to bar by comity 307 13-904Amending Applications for bank charter 201 13-2013Amending Bank loans 414 13-2048Amending Bank deposits of deceased persons 202 21-105Amending Coroner's compensation in counties of 15,200 to 15,900 149 21-105Amending Coroner's compensation in counties of 120,000 to 145,000 426 23-1301Amending Audit of county affairs in counties of 120,000 to 145,000 476 24-2115Adding Service by publication 353 24-2204Amending City court judges may preside in municipal court in cities of 350,000 192 24-2715Amending Records of property instruments in counties of 55,000 to 62,000 612 24-2727Amending Fees of clerks of superior courts 421 24-2823Amending Fees of sheriffs 383 26-4507, 26-4508Amending Escapes 578 26-4509Repealing Escapes 578

Page 3409

27-2705Amending Revocation and modification of probation sentences 637 31-110Amending Dower, how barred 616 32-908Amending Meetings of county boards of education 625 34-2601Amending Election of county officers 196 Ch. 34-33Amending Absentee voting 732 34-330134-3305, 34-3307Amending Absentee voting 204 35-236, 35-237Amending Patients at Milledgeville State Hospital, trial for restoration and release 347 36-605Amending Assessors' costs 651 38-1201Amending Discovery at law 577 38-1501Amending Witness fees 653 39-701Amending Lien of judgments 425 40-1901Amending Eligibility of Supervisor of Purchases for elective and appointive offices 643 44-303Repealing Return of fugitives from justice 587 45-122Amending Resident hunting and fishing licenses 158 45-206Amending Resident hunting and fishing licenses 158 54-622Amending Employment security contribution rates 420 56-207Amending Capital stock of insurance companies 338 56-224Amending Authorized investments of insurance companies 393 59-106Amending Revision of jury lists 247 59-120Amending Compensation of jurors and bailiffs in counties of 100,000 to 110,000 265 59-315Amending Grand jury inspection of public buildings and property 151 59-719Amending Segregation of jurors as to age and sex 248 62-40162-406Repealing Fences and enclosures 264 68-205Amending Registration of motor vehicles 424 68-405Amending Load limits of vehicles 392 84-102Amending State Board of Funeral Services 323 Ch. 84-3Amending Registration and licensing of architects 602 84-713Amending Compensation of members of Board of Dental Examiners 325 Ch. 88-8Repealing Explosives 252 92-233Amending Homestead exemption 122 92-1407Amending Refunds, motor fuel tax 380 92-2406Amending Taxation of banks and banking associations 450 92-2902Amending Motor bus license fees 303 92-3109Amending Income tax 481 92-3210Amending Income tax returns 193 92-3301Amending Income tax payment 193 92-410192-4104Amending Provisions not applicable to City of Atlanta 580 110-1001Amending Dormancy of judgments 417 113-607Amending Wills, probate in solemn form 217 114-404114-406, 114-413, 114-501Amending Workmen's compensation 210

Page 3410

COURTS. SUPREME COURT. Justices Emeritus; powers and duties; proposed amendment to the Constitution 705 COURT OF APPEALS. Judges Emeritus; powers and duties; proposed amendment to the Constitution 705 SUPERIOR COURTS. (For salaries of clerks see name of county). Compensation of judges; Act of 1953 amended 167 Judge Emeritus Act amended 152 Atlanta Judicial Circuit; assistant solicitors-general 3168 Brunswick Judicial Circuit; solicitor-general's salary 3377 Chattooga; terms 627 Cobb Judicial Circuit; solicitor-general's salary 149 Cordele Judicial Circuit; reporter's compensation 160 Piedmont Judicial Circuit; solicitor-general's compensation 2821 Tallapoosa Judicial Circuit; assistant solicitor-general 3157 Washington; terms 199 Waycross Judicial Circuit; solicitor-general's salary 2767 Waycross Judicial Circuit; solicitor-general's salary 3369 CITY COURTS. Judges may preside in municipal court of cities of more than 350,000; Code 24-2204 amended 192 Albany; judge's salary 2850 Brunswick; compensation of solicitor, clerk, sheriff, and deputies 2262 Camilla; solicitor's salary 2115 Clarke County; terms 2959 Columbus; practice and procedure rules 2185 Eastman; judge's salary 3176 Elberton; judge and solicitor (election, terms, fees) 2117 Floyd County; consolidating Act 3109 Griffin; contingent expense allowances of judge and solicitor 2208 Gwinnett County; practice and procedure, salary of judge and of solicitor 2833 Hall County; clerk's compensation 2627 Hall County; salary of judge and of solicitor 2586 Hinesville; solicitor's compensation; fees, fines, forfeitures, etc. 2336 LaGrange; judge's salary 2907 LaGrange; solicitor's salary 3147 Valdosta; judge's salary 2003 CIVIL COURTS. Bibb County; consolidating Act 2552

Page 3411

Fulton; judges' and solicitors' retirement system amended 2083 Fulton; judges' salaries 3082 COUNTY COURTS. Echols; fees, costs, etc., certiorari, jurisdiction, terms, judge's salary, clerk 2033 CRIMINAL COURTS. Fulton County; judges' and solicitors' retirement system amended 2083 JUVENILE COURTS. Judge's salary in counties of 400,000 or more 3371 Fulton; judges' and solicitors' retirement system amended 2083 MUNICIPAL COURTS. Augusta; judge, sheriff, clerk and deputies 3209 Columbus; compensation of deputy marshals 2772 Savannah; sheriff and deputies, service, peace and good behavior warrants 3294 AUTHORITIES. Cherokee County Water Authority 2943 Clayton County Water Authority 3344 East Point Parking Authority 2481 Farmers Market Authority Act 224 Hospital Authorities Act amended 618 Ports Authority Act amended 120 Rural Roads Authority Act 124 Savannah District Authority 170 State Office Building Authority; Confederate Soldiers' Home property, bond limit 585 Turnpike Authority Act repealed 256 Waycross and Ware County Development Authority 2840 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Appling; commissioners 2266 Atkinson; refunding bonds; proposed amendment to the Constitution 719 Baldwin; commissioners (election, terms, vacancies) 2830 Banks; commissioners (members, election, salaries) 2474 Barrow; commissioners (election, expenditures, compensation, clerk) 3360 Bartow; ordinary's compensation 3360 Bibb; legislative powers 3144 Bibb; police civil service system; proposed amendment to the constitution 682

Page 3412

Brooks; commissioners' compensation 2615 Burke; tax commissioner's compensation 2159 Calhoun; board of education; proposed amendment to the Constitution 470 Candler; salary of commissioners' clerk 2503 Carroll; tax commissioner's clerical assistants 2939 Catoosa; commissioner's compensation 2527 Catoosa; tax commissioner's compensation 2519 Chatham; streets, sidewalks, etc.; proposed amendment to the Constitution 665 Chatham; tax commissioner 2210 Chattooga; commissioners (purchases and control of property) 2313 Cherokee County Water Authority 2943 Clarke County School District 3057 Clayton; commissioners 2064 Clayton; coroner's salary 2219 Clayton County Water Authority 3344 Cobb; deputy commissioner; recall of commissioners 2742 Cobb; fire prevention districts 2597 Cobb; sewage districts 2441 Cobb; treasurer's compensation 2469 Coffee; school superintendent's term 2997 Crawford; treasurer's compensation 3151 DeKalb; advisory referendum election 2806 Dougherty; commissioners' meetings 2847 Dougherty; compensation of sheriff, clerk of superior court and of ordinary 2874 Dougherty; compensation of tax commissioner and assistants 2618 Dougherty; fire protection; proposed amendment to the Constitution 675 Douglas; board of education; proposed amendment to the Constitution 463 Douglas; commissioners (meetings, chairman, compensation and expenses) 3100 Echols; commissioners (qualifications, clerk, county attorney, superintendent of roads, funds) 2040 Echols County Board of Education; purchases 2030 Effingham, board of education; proposed amendment to the Constitution 405 Evans; commissioners (vacancies, expenditures, purchases) 2533 Evans; tax commissioner's salary 2435 Floyd: tax commissioner 2980 Floyd; zoning 3128 Fulton; attorney's salary 2437 Fulton; civil service board 2076 Fulton; fire prevention system 2275 Fulton; garbage disposal in unicorporated areas 2244 Fulton; group insurance for employees 2232 Fulton; judges' and solicitors' retirement system amended 2083

Page 3413

Fulton; park and recreation areas 2080 Fulton; pension system 3118 Fulton; tax returns, Atlanta and Fulton County; Act of 1951 amended 2088 Fulton; teachers' retirement system 2879 Gordon; sheriff's salary 3214 Gwinnett; commissioners' compensation 2890 Gwinnett; zoning 2925 Hall; compensation of sheriff, clerk of superior court, clerk of city court and ordinary 2627 Hall; Gainesville and Hall County planning commission 2163 Hall; recall of commissioners 2183 Hall; tax commissioner 3038 Henry County Board of Education; financial statements and reports 2813 Houston; commissioners' compensation 3217 Johnson; land conveyance to, authorized; a resolution 725 Lee; treasurer's salary 2996 Liberty; compensation of clerk of superior court and of sheriff 2340 Liberty; ordinary's compensation 2342 Liberty; tax commissioner 2327 Long; commissioner's compensation 3042 Lowndes; commissioners (compensation and expenses); county administrator 2728 Lumpkin; commissioner 2892 McDuffie; board of education; proposed amendment to the Constitution 668 McDuffie; commissioners 2331 Madison; tax commissioner's compensation 2260 Meriwether; treasurer's salary 2984 Miller; commissioners (election, meetings, compensation, purchases) 2256 Miller; voting machines 2281 Mitchell; commissioners' compensation 3092 Muscogee; commissioners (quorum, warrants, checks, etc.) 2235 Muscogee; homestead exemption; proposed amendment to the Constitution 332 Muscogee; pension system 2252 Muscogee; sewerage system 2238 Muscogee; street improvements 2141 Newton; commissioner's salary 2477 Newton; treasurer's salary 2923 Pierce; commissioners (compensation and expenses) 2961 Pierce; commissioners (compensation and expenses, clerk) 3331 Pike; salary of commissioners' clerk 2549 Richmond; county physician (Tenure Act amended) 2642 Richmond; department of health 3192 Richmond; construction of streets; proposed amendment to the Constitution 460

Page 3414

Richmond County Board of Education; compensation of members 2644 Rockdale; commissioner's salary 2433 Rockdale; compensation of sheriff, ordinary, clerk of superior court, and deputies 2428 Screven; ordinary's compensation 2223 Spalding; Griffin-Spalding County Board of Education (elections) 2775 Taliaferro; compensation of chairman of commissioners 2752 Taliaferro County Board of Education; grant of easement to, ratified; a resolution 707 Telfair; salary of commissioner's clerk 2439 Troup; compensation of clerk of superior court, sheriff, ordinary and tax commissioner and of their deputies and assistants 2006 Walton; commissioners (purchases, contracts) 2904 Ware; Waycross and Ware County Development Authority 2840 Warren; commissioner's clerk 3305 Washington; commissioners' compensation 2356 Washington; county council 2353 Washington; tax commissioner 2358 Wayne; compensation of sheriff, ordinary, clerk of superior court and of tax commissioner 2792 Wheeler County Board of Education; proposed amendment to the Constitution 711 White; commissioner (salary of chairman and of clerk) 2500 Whitfield; commissioner (candidacy) 2748 Whitfield; tax commissioner 3290 Wilcox; commissioners' compensation 3166 COUNTIES AND COUNTY MATTERSBY POPULATION. Audit of county affairs in counties of 120,000 to 145,000; Code 23-1301 amended 476 Budgets in counties of 200,000 or more 2608 City-county board of tax assessors in counties of 300,000 or more 2824 Commissions of tax collectors and commissioners in counties of more than 300,000 176 Compensation of jurors and bailiffs in counties of 100,000 to 110,000; Code 59-120 amended 265 Compensation of ordinary's deputies and employees in counties of 100,000 to 110,000 2471 Coroner's compensation in counties of 15,200 to 15,900; Code 21-105 amended 149 Coroner's compensation in counties of 120,000 to 145,000; Code 21-105 amended 426 Election hours in counties of 12,160 to 12,190 3379 Election hours in counties of 22,600 to 23,300 2255 Heating and air-conditioning regulations in counties of 135,000 to 150,000 2505

Page 3415

Juvenile court judge's salary in counties of 400,000 or more 3371 Limited access highways in counties having wholly or partly within their borders city of 300,000 or more 2152 Local government improvement commission in counties of 300,000 or more 2635 Microfilm records of ordinary in counties of not less than 62,000 3370 Payment of debts in counties of 4,500 to 4,525 3391 Photographic recording in counties of not less than 31,000 2746 Plumbing regulations in counties of 60,000 to 62,000 3392 Plumbing regulations in counties of 135,000 to 150,000 2479 Records of property instruments in counties of 55,000 to 62,000; Code 24-2715 amended 612 Salary of clerk of superior court in certain counties (Ga. Laws 1924, pp. 87-89 amended) 2632 Salaries of certain officers in certain counties (Act of 1950) 3372 Superior court reporters; compensation in counties of more than 450,000 2092 Supplement of board of education funds in counties of 300,000 or over; Act of 1951 repealed 2083 Tax collector's commissions in counties of 9,950 to 9,800 2757 Tax receiver's compensation in counties of 6050 to 6300 2639 Tax receiver's deputies and assistants, salaries in counties of 100,000 to 110,000 2779 Treasurer's salary in counties of 100,000 to 110,000 2633 Unopposed candidates in counties of 100,000 to 150,000 2592 Voting machines; rental in certain counties (Act of 1946) 629 Zoning in counties of 108,000 to 112,000 3375 MUNICIPAL CORPORATIONSNAMED CITIES. Abbeville; charter 2445 Adel; corporate limits extended 2230 Albany; officers and employees (appointment, dismissal, etc.) 2647 Alma; planning commission 3027 Ambrose; charter 2662 Americus; charter amendments (utility commission, employees, elections, ad valorem tax) 2016 Ashburn; tax for promotion of industries; proposed amendment to the Constitution 721 Athens; corporate limits 2837 Athens; sale of school lands 2606 Athens; street closing authorized 2999 Atlanta; ad valorem tax 3130 Atlanta; close of schools on election days, James L. Key Golf Course, pensions 2049 Atlanta; Code 92-410191-4204 amended (not applicable to City of Atlanta) 580 Atlanta; deputy planning engineer, group life insurance, surplus waterworks property, eminent domain, salaries 3023

Page 3416

Atlanta; education tax, school bonds, loans 3133 Atlanta; landing fields, building official, dangerous buildings 3080 Atlanta; parks tax 2873 Atlanta; tax returns, Atlanta and Fulton County; Act of 1951 amended 2088 Atlanta; uniforms in police and fire departments, building permits, election managers, sewer assessments, purchases, bureau of weights and measures, acting mayor 2225 Augusta; city attorney 2278 Augusta; corporate limits 2867 Augusta; health board 2101 Augusta; mayor and council; elections 2120 Augusta; pension system 3364 Augusta; sidewalk assessments 3001 Austell; corporate limits 2426 Bowman; elections, tax assessors 2966 Brunswick; sale of State buildings to; a resolution 678 Brunswick; streets, pension system 2247 Cadwell; corporate limits 2616 Cairo; mayor's term 2750 Cairo; streets, roads and alleys 2740 Calhoun; mayor and council, elections, salaries, pensions 2216 Canton; zoning 2811 Carlton; charter 2360 Carnesville; streets, sidewalks, etc. 3173 Chickamauga; terms of mayor and council 2941 College Park; corporate limits 2826 College Park; corporate limits 2884 Columbus; conveyance of part of Front Avenue authorized 2768 Columbus; pension system 3105 Commerce; corporation tax 2853 Conyers; registration of voters 2531 Dalton; board of water, light and sinking fund commissioners 2731 Decatur; pension system 3085 Decatur; pension system 3102 Doraville; chairman of city commission 2221 Dublin; utility systems 3087 Dublin; water, light and gas commission 2620 Dudley; tax rate 2964 East Dublin; compensation of mayor and councilmen 2585 East Ellijay; utilities 2901 East Thomaston; corporate limits 2011 Eastman; elections, city manager, purchases 2986 Ellijay; water, light and gas systems 2755 Gainesville; Gainesville and Hall County planning commission 2163 Gainesville; retirement system 2587 Garden City; corporate limits 2014 Garden City; election of mayor and councilmen, registration of voters 2044 Gordon; licensing of motor vehicles 3292

Page 3417

Griffin; Griffin-Spalding County Board of Education (elections) 2775 Griffin; salary of commissioners 2851 Griffin; street closing authorized 2604 Hapeville; mayor and councilmen (election, terms, etc.) 2650 Hartwell; recorder's court 2969 Hazlehurst; land conveyance to, authorized, a resolution 468 Hinesville; corporate limits 2140 Jacksonville; charter 3048 Jenkinsburg; charter 2909 Jesup; board of commissioners, city manager, purchases, audits, recorder, tax assessors 2858 Jesup; recorder, registrars, purchases, franchises 2508 LaFayette; registration of voters 3353 Lawrenceville; corporate limits 3163 Lawrenceville; salaries of mayor and councilmen 3149 Lawrenceville; slum clearance 3206 Leesburg; street closing authorized 3351 Lilburn; charter 3306 McCaysville; salaries, audits 2976 McDonough; candidacy for mayor or councilman 2547 Macon; appropriations to libraries and night schools 2758 Macon; board of tax appeals 2814 Macon; pension system 2521 Macon; street closing and conveyance ratified 2761 Macon; street closings ratified 2594 Macon; voting machines 3005 Macon; water and sewer systems 3178 McRae; telephone system 2529 Marietta; election of mayor and council; police 2973 Midway; charter 2188 Monroe; corporate limits extended 2157 Morrow; zoning, mayor and council, licenses, registration of voters, tax rate, mayor's court, streets, sidewalks, etc. 2781 Mount Vernon; mayor and council, elections 2241 Newton; charter 3228 Perry; salaries of mayor and councilmen 3141 Rincon; corporate limits 3140 Riverdale; streets and sidewalks, zoning 3153 Rome; corporate limits 3123 Rome; pension system 3096 Roswell; corporate limits 2639 St. Marys; corporate limits 2104 Savannah; city manager 2197 Savannah; civil service system amended 2296 Savannah; elections, registration of voters 2062 Savannah; industrial and water supply commission 3338 Savannah; pension system 3328 Smyrna; corporate limits 2656 Smyrna; eminent domain 2155 Smyrna; qualifications of mayor and councilmen 2205

Page 3418

Smyrna; tax rate 2550 Suwanee; bonded indebtedness 3094 Swainsboro; registration of voters, elections 3225 Sylvania; recorder's court 2108 Thomaston; land conveyance to, authorized; a resolution 679 Thomaston; salaries of mayor and councilmen 2326 Tifton; city commissioners 2344 Valdosta; taxation 3299 Wadley; elections, sewers and drainage 2543 Warner Robins; corporate limits, mayor and council, wards, elections, ad valorem tax, budgets, health, parks 2093 Warrenton; cemetery tax 3333 Warrenton; corporate limits 2601 Warrenton; corporate limits 3171 Warrenton; marshal 3218 Waycross; corporate limits 3046 Waycross; taxation 2737 Waycross and Ware County Development Authority 2840 Winterville; charter 2794 MUNICIPAL CORPORATIONSBY POPULATION. City-county board of tax assessors in counties of 300,000 or more 2824 City court judge to preside in municipal court in cities of 350,000; Code 24-2204 amended 192 Firemen's pensions in cities of 150,000 or more 2051 Pension system in cities of more than 150,000; amendments 2057 Pensions in cities of more than 150,000 2822 Police pensions in cities of 150,000 or more 2046 , 2055 Traffic courts in cities of 300,000 or more 2318 RESOLUTIONS AUTHORIZING PAYMENTS. Compensation to Omer E. Craven for damage to automobile 2512 Compensation to Paul Fouts for damage to barn 2515 Back salary to Trooper Dessie Griffin 2593 Compensation to Mr. and Mrs. Henry Harold Hill for injuries 3389 Compensation to Oliver B. Humphrey for damage to automobile 3382 Compensation to J. C. Nolan for damage to automobile 2804 Compensation to Parker-White Motor Company for damage to automobile 3355 Compensation to Mr. and Mrs. T. P. Price for injuries 3386 Compensation to Maitland Smith for damage to automobile 3378 Compensation to F. L. Spivey for damage to automobile 3387 Compensation to George D. Whittaker 3380 Compensation to Darrell Wiggins for damage to automobile 3384 MISCELLANEOUS RESOLUTIONS. Appropriations under George-Barden Act 715 Bolden S. Cobb Bridge designated 714

Page 3419

Bust of Stonewall Jackson in Hall of Fame, New York City 7 Busts of Georgia signers of Declaration of Independence in Georgia Hall of Fame 672 Chatuge Lake Park 396 Committee to study laws as to commitment and release of insane persons 404 Compensation bills in General Assembly, study between sessions 182 Cotton acreage allotments 726 Federal tariff policy; memorial to Congress 709 Frank S. Sessoms Memorial Highway designated 717 Garden clubs of State commended 7 Georgia Commission on Education 395 Grant of easement to Taliaferro County Board of Education ratified 707 Home rule study committee 679 Hon. W. A. Blasingame designated as member of State Highway Board 3 Hon. E. L. Forrester commended 673 Hon. Robert Tyre Jones, Jr., commended 2311 Hon. J. W. Woodruff, Sr., commended 2309 Increase of prison population, commission to study 184 Instructions to be given in pronuncing sentence as to effect of escape or attempt to escape 474 Insurance on automobile furnished Governor 397 Intervention of Public Service Commission in Interstate Commerce Commission Finance Docket No. 18845 741 Joseph Vann Highway designated 337 Lake Lanier State Park 401 Land conveyance to City of Thomaston authorized 680 Land conveyance to City of Hazlehurst authorized 468 Land conveyance to Johnson County authorized 725 Law books to Ordinary of Appling County 3383 Law books to Barrow Superior Court 2517 Law books to Chatham Superior Court 2304 Law books to Ordinary of Clinch County 2306 Law books to Ordinary of Dougherty County 2308 Law books to Dougherty Superior Court 2310 Law books to Early Superior Court 2805 Law books to Ordinary of Haralson County 3359 Law books to Haralson Superior Court 3381 Law books to Johnson Superior Court 2518 Law books to Ordinary of Lanier County 2516 Law books to Lanier Superior Court 3385 Law books to Liberty Superior Court 2514 Law books to Ordinary of Marion County 2312 Law books to Marion Superior Court 2305 Law books to Ordinary of Meriwether County 2307 Law books to Montgomery Superior Court 3357 Law books to Ordinary of Paulding County 3394 Law books to law library of Thomas County 3356 License to Federal Government, Magnolia State Park, ratified 467

Page 3420

Major General George G. Finch commended 475 National Junior Chamber of Commerce commended 187 Pat Griffin Memorial State Park proposed 708 Pension systems study committee 334 Reversion of certain Forestry Commission lands to Gair Woodlands Corporation 466 Reversion to Mildred P. Sheats of land granted to Georgia Commission on Alcoholism 677 Rotunda of State Capitol designated as Georgia Hall of Fame 180 Sale of buildings to City of Brunswick 678 Sale of land by Wildlife Experiment Station 295 Separation of veterans from other patients at Milledgeville State Hospital 183 Services to Western and Atlantic Railroad Committee 674 Shipment of quails to President Eisenhower authorized 473 Southern Regional Education Compact; Delaware and West Virginia as parties 667 State Programs Study Committee 188 Stone Mountain, acquisition by State for memorial 5 Tariff legislation; memorial to Congress 402 Tobacco; control of inferior grades on market 179 Traffic safety campaigns, citizens commended 181 Veterans' farm training programs; memorial to Congress 723 Water Law Revision Commission 407 White House of Augusta 718 Workmen's compensation study committee 727

Page 3421

INDEX A ABBEVILLE Charter 2445 ABSENTEE VOTING. See Elections . ADEL Corporate limits extended 2230 ADOPTION Substitute birth certificate 208 AFFIDAVITS. See Land; Pauper's Affidavits . AGENTS. See Principal and Agent . AIR-CONDITIONING. See Heating and Air-Conditioning . ALBANY Officers and employees; appointment, dismissal, etc. 2647 ALBANY, CITY COURT OF Judge's salary 2850 ALE. See Malt Beverages . ALIENS Employment by University System 382 Practice of medicine or pharmacy (temporary licenses) 575 ALIMONY Modification of permanent alimony judgments 630 ALMA Planning commission 3027 AMBROSE Charter 2662

Page 3422

AMERICUS Charter amendments (utility commission, employees, elections, ad valorem tax) 2016 ANIMALS. See Game and Fish Commission; Livestock. APPLING COUNTY Commissioners 2266 Law books to ordinary; a resolution 3383 ARCHITECTS Registration and license; Code Ch. 84-3 amended 602 ASHBURN Tax for promotion of industries; proposed amendment to the Constitution 721 ATHENS Corporate limits 2837 Sale of school lands 2606 Street closing authorized 2999 ATKINSON COUNTY Refunding bonds; proposed amendment to the Constitution 719 ATLANTA Ad valorem tax 3130 Close of schools on election days, James L. Key Golf Course, pensions 2049 Code 92-410192-4104 amended (not applicable to City of Atlanta) 580 Deputy planning engineer, group life insurance, surplus waterworks property, eminent domain, salaries 3023 Education tax, school bonds, loans 3133 Landing fields, building official, dangerous buildings 3080 Parks tax 2873 Tax returns, Atlanta and Fulton County; Act of 1951 amended 2088 Uniforms in police and fire departments, building permits, election managers, sewer assessments, purchases, bureau of weights and measures, acting mayor 2225 ATLANTA JUDICIAL CIRCUIT Assistant solicitors-general 3168

Page 3423

ATLANTIC STATES MARINE FISHERIES COMPACT. See Game and Fish Commission. ATTORNEYS AT LAW Admission to bar by comity; Code 9-201 amended 307 Bar examinations, residence requirements 632 AUDITS Audits of county affairs in counties of 120,000 to 145,000; Code 23-1301 amended 476 AUGUSTA City attorney 2278 Corporate limits 2867 Health board 2101 Mayor and council; elections 2101 Pension system 3364 Sidewalk assessments 3001 AUGUSTA, MUNICIPAL COURT OF Judge, sheriff, clerk and deputies 3209 AUSTELL Corporate limits 2426 AUTOMOBILES. See Insurance; Motor Vehicles. B BAILIFFS Compensation in counties of 100,000 to 110,000; Code 59-120 amended 265 BALDWIN COUNTY Commissioners, election, terms, vacancies 2830 BANKS Application for charter; Code 13-904 amended 201 Deposits of deceased depositors; Code 13-2048 amended 202 Loans; Code 13-2013 amended 414 Taxation of banks and banking associations; Code 92-2406 amended 450

Page 3424

BANKS COUNTY Commissioners; members, election, salaries 2474 BAR, STATE. See Attorneys at Law . BARROW COUNTY Commissioners; election, expenditures, compensation, clerk 3360 Law books to Barrow Superior Court; a resolution 2517 BARTOW COUNTY Ordinary's compensation 3144 BEER. See Malt Beverages . BEVERAGES, MALT. See Malt Beverages . BIBB COUNTY Legislative powers 3136 Police civil service system; proposed amendment to the Constitution 682 BIBB COUNTY, CIVIL COURT OF Consolidating Act 2552 BIRTH CERTIFICATES. See Adoption . BLASINGAME, HON. W. A. Designated as member of State Highway Board; a resolution 3 BLIND PERSONS Public accommodations for blind persons guided by trained dogs 155 BOARDS OF EDUCATION. See Names of counties . County boards, meetings; Code 32-908 amended 625 Supplement of funds in counties of 300,000 or over; Act of 1951 repealed 2083 BOLDEN S. COBB BRIDGE Resolution designating 714 BOWMAN Elections, tax assessors 2966

Page 3425

BROOKS COUNTY Commissioners, compensation 2615 BRUNSWICK Sale of State buildings to; a resolution 678 Streets, pension system 2247 BRUNSWICK, CITY COURT OF Compensation of solicitor, clerk, sheriff, and deputies 2262 BRUNSWICK JUDICIAL CIRCUIT Solicitor-general's salary 3377 BRUNSWICK PORT AUTHORITY Conveyance of property to State Ports Authority 3342 BUDGETS Budgets in counties of 200,000 or more 2608 BUILDINGS, PUBLIC. See Public Buildings and Property . BURKE COUNTY Tax commissioner's compensation 2159 BUSES Motor bus license fee; Code 92-2902 amended 303 BUSTS Bust of Thomas Jonathan Jackson in Hall of Fame, New York City; a resolution 7 Georgia signers of Declaration of Independence, busts of in Georgia Hall of Fame; a resolution 672 C CADWELL Corporate limits 2616 CAIRO Mayor's term 2750 Streets, roads and alleys 2740 CALHOUN Mayor and council, elections, salaries, pensions 2216 CALHOUN COUNTY Board of education; proposed amendment to the Constitution 470 CAMILLA CITY COURT OF Solicitor's salary 2115

Page 3426

CANDLER COUNTY Salary of commissioners' clerk 2503 CANTON Zoning 2811 CARLTON Charter 2360 CARNESVILLE Streets, sidewalks, etc. 3173 CARROLL COUNTY Tax commissioner's clerical assistants 2939 CATOOSA COUNTY Commissioner's compensation 2527 Tax commissioner's compensation 2519 CHATHAM COUNTY Streets, sidewalks, etc.; proposed amendment to the Constitution 665 Tax commissioner 2210 CHATHAM SUPERIOR COURT Law books to; a resolution 2304 CHATTOOGA COUNTY Commissioners; purchases and control of property 2313 CHATTOOGA SUPERIOR COURT Terms 627 CHATUGE LAKE PARK A resolution 396 CHEROKEE COUNTY Cherokee County Water Authority 2943 CHICKAMAUGA Terms of mayor and council 2941

Page 3427

CHOLERA. See Hog Cholera . CIGARETTES. See Cigars and Cigarettes . Taxation 268 CITY COURTS. See Names of courts , and table p. 3410 CIVIL COURTS. See Name of Court , as Fulton County, Civil Court of , and table p . 3410 CLARKE COUNTY, CITY COURT OF Terms 2959 Clark County School District 3057 CLAYTON COUNTY Commissioners 2064 Coroner's salary 2219 Clayton County Water Authority 3344 CLINCH COUNTY Law books to ordinary; a resolution 2306 COBB, BOLDEN S. Resolution designating Bolden S. Cobb Bridge 714 COBB COUNTY Deputy commissioner, recall of commissioners 2742 Fire prevention districts 2597 Sewage districts 2441 Treasurer's compensation 2469 COBB JUDICIAL CIRCUIT Solicitor-general's compensation 149 COFFEE COUNTY School superintendent's term 2997 COLLEGE PARK Corporate limits 2826 Corporate limits 2884

Page 3428

COLUMBUS Conveyance of part of Front Avenue authorized 2768 Pension system 3105 COLUMBUS, CITY COURT OF Practice and procedure rules 2185 COLUMBUS, MUNICIPAL COURT OF Compensation of deputy marshals 2772 COMMERCE, CITY OF Corporation tax 2853 COMMERCIAL FISHING. See Game and Fish Commission . COMMISSIONER OF LABOR Expenses 267 CONDEMNATION Assessors' costs; Code 36-605 amended 651 CONSTITUTION, FEDERAL Amendment; memorial to Congress; a resolution 327 Bricker Amendment, support of; a resolution 336 Separation of races in Federal armed forces; proposed amendment to Federal Constitution; a resolution 185 State school systems; proposed amendment to Federal Constitution; a resolution 4 , 9 CONSTITUTION, STATE. See table, p . 3408 CONYERS Registration of voters 2531 CORDELE JUDICIAL CIRCUIT Reporter's compensation 160 CORONERS Compensation in counties of 15,200 to 15,900; Code 21-105 amended 149 Compensation in counties of 120,000 to 145,000; Code 21-105 amended 426

Page 3429

CORPORATIONS. See Banks; Insurance Companies . Vote required for amendment 259 COTTON Acreage allotments; a resolution 726 COUNTIES. See Taxation; and table, p . 3411 Insurance to cover injuries by motor vehicles 448 Officers, elections; Code 34-2601 amended 196 COUNTY COURTS. See Names of counties and table, p . 3411 COURT OF APPEALS Judges emeritus; powers and duties; proposed amendment to the Constitution 705 CRABS. See Game and Fish Commission . CRAVEN, OMER E. Compensation for damage to automobile; a resolution 2512 CRAWFORD COUNTY Treasurer's compensation 3151 CRIMINAL COURTS. See Name of Court, as Fulton County, Criminal Court of . CRIMINAL EXTRADITION ACT. See Uniform Criminal Extradition Act . CRIMINAL TRIALS. See Trials . D DALTON Board of water, light and sinking fund commissioners 2731 DECATUR Pension system 3085 Pension system 3102 DEKALB COUNTY Advisory referendum election 2806

Page 3430

DENTAL EXAMINERS, BOARD OF Compensation of members; Code 84-713 amended 325 DEPARTMENT OF PUBLIC SAFETY Uniform division 298 DISCOVERY AT LAW Code 38-1201 amended 577 DOGS. See Blind Persons . DOMESTIC ANIMALS. See Livestock . DORAVILLE Chairman of city commission 2221 DOUGHERTY COUNTY Compensation of sheriff, clerk of superior court and of ordinary 2874 Compensation of tax commissioner and assistants 2618 Commissioners' meetings 2847 Fire protection; proposed amendment to the Constitution 675 Law books to ordinary; a resolution 2308 DOUGHERTY SUPERIOR COURT Clerk's compensation 2874 Law books to; a resolution 2310 DOUGLAS COUNTY Board of education; proposed amendment to the Constitution 463 Commissioners; meetings, chairman, compensation and expenses 3100 DOWER How barred; Code 31-110 amended 616 DRIVERS' LICENSES Expiration and renewal 662 DUBLIN Utility systems 3087 Water, light and gas commission 2620

Page 3431

DUDLEY Tax rate 2964 E EARLY COUNTY Law books to superior court; a resolution 2805 EAST DUBLIN Compensation of mayor and councilmen 2585 EAST ELLIJAY Utilities 2901 EAST POINT East Point Parking Authority Act 2461 EAST THOMASTON Corporate limits 2011 EASTMAN Elections; city manager; purchases 2986 EASTMAN, CITY COURT OF Judge's salary 3176 ECHOLS COUNTY Commissioners; qualifications, clerk, county attorney, superintendent of roads, funds 2040 ECHOLS COUNTY BOARD OF EDUCATION Purchases 2030 ECHOLS COUNTY, COUNTY COURT OF Fees, costs, etc., certiorari, jurisdiction, terms, judge's salary, clerk 2033 EDUCATION. See University System; Vocational Education . Georgia Commission on Education; a resolution. 395 Minimum Foundation Act amended 601 Public schools, separation of races 174 State school systems; proposed amendment to Federal Constitution; a resolution 4 , 9

Page 3432

EDUCATION BOARDS OF. See Boards of Education , and Names of counties . EFFINGHAM COUNTY Board of education, proposed amendment to the constitution 405 ELBERTON, CITY COURT OF Judge and solicitor; election, terms, fees 2117 ELECTIONS Absentee voting; Code 34-33013305, 34-3307 amended 204 Absentee voting; Code Ch. 34-33 amended 732 County officers, election; Code 34-2601 amended 196 Hours in counties of 12,160 to 12,190 3379 Hours in counties of 22,600 to 23,300 2255 Unopposed candidates in counties of 100,000 to 150,00 2592 Voters' Registration Act amended (restrictions on county registrars) 344 Voting machines, rental in certain counties (Act of 1946) 629 ELLIJAY Water, light and gas systems 2755 EMINENT DOMAIN. See Condemnation . EMPLOYMENT SECURITY Act of 1937 amended 553 Contribution rates; Code 54-622 amended 420 ENCLOSURES. See Fences and Enclosures . ESCAPES Felony to escape or to attempt to escape, or to aid prisoner therein; Code 26-4507, 26-4508 amended, 26-4509 repealed 578 Instructions as to effect of, or attempt, to be given in pronouncing sentence; a resolution 474 EVANS COUNTY Commissioners; vacancies, expenditures, purchases 2533 Tax commissioner's salary 2435 EVIDENCE. See Discovery at Law . Affidavits showing facts affecting title to land 614

Page 3433

EXPLOSIVES. See Fireworks . Code Ch. 88-8 repealed 252 EXTRADITION. See Uniform Criminal Extradition Act . F FARMERS MARKET AUTHORITY Establishing Act 224 FENCES AND ENCLOSURES Code 62-40162-406 repealed 264 FINCH, MAJOR GENERAL GEORGE G. Commended; a resolution 475 FIREMEN Firemen's retirement system 339 Pensions in cities of 150,000 or more 2051 FIREWORKS Fireworks Control Act 550 FISHING. See Game and Fish Commission . Resident hunting and fishing licenses; Code 45-122, 45-206 amended 158 FLOYD COUNTY Tax commissioner 2980 Zoning 3128 FLOYD COUNTY, CITY COURT Consolidating Act 3109 FORESTRY State Forestry Commission 309 FORESTRY COMMISSION Reversion of lands to Gair Woodlands Corporation; a resolution 466 FORRESTER, HON. E. L. Commended; a resolution 673

Page 3434

FOUTS, PAUL Compensation for damage to barn; a resolution 2515 FULTON COUNTY Attorney's salary 2437 Civil service board; amendments 2076 Fire prevention system 2275 Garbage disposal in unincorporated areas 2244 Group insurance for employees 2232 Judges' and solicitors' retirement system; amendments 2083 Park and recreation areas 2080 Pension system 3118 Tax returns, Atlanta and Fulton County; Act of 1951 amended 2088 Teachers' retirement system 2879 FULTON COUNTY, CIVIL COURT OF Judges' and solicitors' retirement system amended 2083 Judges' salaries 3082 FULTON COUNTY, CRIMINAL COURT OF Judges' and solicitors' retirement system amended 2083 FULTON COUNTY, JUVENILE COURT OF Judges' and solicitors' retirement system amended 2083 FUNERAL SERVICES Sale of funeral services and merchandise on prepayment plan 739 FUNERAL SERVICES, STATE BOARD OF Expense vouchers; Code 84-102 amended 323 G GAINESVILLE Gainesville and Hall County planning commission 2163 Retirement system 2587 GAIR WOODLANDS CORPORATION Reversion of land to; a resolution 466 GAME AND FISH COMMISSION Act establishing, and consolidating laws as to game, fish, and wildlife 483

Page 3435

GARBAGE. See Highways . GARDEN CITY Corporate limits 2014 Election of mayor and councilmen, registration of voters 2044 GARDEN CLUBS Commended for work in beautifying State; a resolution 7 GAS. See Liquefied Petroleum Gas . GASOLINE. See Motor Vehicles . GENERAL ASSEMBLY Carry-over of pending business; proposed amendment to the Constitution 728 Compensation bills, study between sessions 182 Home rule study committee; a resolution 679 Workmen's compensation study committee; a resolution 727 GEORGIA PORTS AUTHORITY Act of 1945 amended 120 GIFTS. See Minors . GORDON Licensing of motor vehicles 3292 GORDON COUNTY Sheriff's salary 3214 GOVERNOR Insurance on automobile furnished Governor; a resolution 397 GRAND JURIES Inspection of public buildings and property; Code 59-319 amended 151 GRIFFIN, TROOPER DESSIE Back salary to; a resolution 2593 GRIFFIN, HON. PAT Resolution proposing establishment of Pat Griffin Memorial State Park 708

Page 3436

GRIFFIN Griffin-Spalding County Board of Education; elections 2775 Salary of commissioners 2851 Street closing authorized 2604 GRIFFIN, CITY COURT OF Contingent expense allowances of judge and solicitor 2208 GUN SHELL DEALERS. See Taxation . GWINNETT BUTTON Bust in Georgia Hall of Fame; a resolution 672 GWINNETT, BUTTON Commissioners' compensation 2890 Zoning 2925 GWINNETT COUNTY, CITY COURT OF Practice and procedure; salary of judge and of solicitor 2833 H HALL, LYMAN Bust in Georgia Hall of Fame; a resolution 672 HALL COUNTY Commissioners, recall of 2183 Compensation of sheriff, clerk of superior court, clerk of city court and ordinary 2627 Gainesville and Hall County planning commission 2163 Tax commissioner 3038 HALL COUNTY, CITY COURT OF Clerk's compensation 2627 Salary of judge and of solicitor 2586 HALL SUPERIOR COURT Clerk's compensation 2627 HALL OF FAME, GEORGIA Busts of Georgia signers of Declaration of Independence in; a resolution 672 Rotunda of State Capitol designated as; a resolution 180

Page 3437

HALL OF FAME, NEW YORK CITY Bust of Thomas Jonathan Jackson; a resolution 7 HAPEVILLE Mayor and councilmen; election, terms, etc. 2650 HARALSON COUNTY Law books to ordinary; a resolution 3359 Law books to superior court; a resolution 3381 HARTWELL Recorder's court 2969 HAZLEHURST Land conveyance to, authorized; a resolution 468 HEALTH CENTERS. See Public Health Centers . HEATING AND AIR-CONDITIONING Regulations in counties of 135,000 to 150,000 2505 HENRY COUNTY Board of education; financial statements and reports 2813 HIGHWAY BOARD, STATE Eligibility of members for elective and appointive offices 648 Hon. W. A. Blasingame designated as member; a resolution 3 Lease contracts 249 HIGHWAYS Frank S. Sessoms Memorial Highway designated; a resolution 717 Joseph Vann Highway designated; a resolution 337 Limited-access highways in counties having wholly or partly within their borders a city of 300,000 or more 2152 Limited-access highways 559 Load limit of vehicles; Code 68-405 amended 392 Rural Roads Authority Act 124 Throwing trash, etc., on public roads 198 Turnpike Authority Act repealed 256 HILL, MR. AND MRS. HENRY HAROLD Compensation for injuries; a resolution 3389

Page 3438

HINESVILLE Corporate limits 2140 HINESVILLE, CITY COURT OF Solicitor's compensation, fees; fines, forfeitures, etc. 2336 HOG CHOLERA Act of 1939 amended (Control of serum, etc.) 608 HOME RULE. See Municipal Corporations . HOMESTEAD EXEMPTION Code 92-233 amended 122 HOSPITAL AUTHORITIES Act of 1941 amended 618 HOSPITALS Grants to hospitals and public health centers 410 HOUSTON COUNTY Commissioners' compensation 3217 HUMPHREY, OLIVER B. Compensation for damage to automobile; a resolution 3382 HUNTING. See Game and Fish Commission . Resident hunting and fishing licenses 158 I INCOME TAX Returns and payment; Code 92-3301 amended 193 INDUSTRIAL LOAN ACT 431 INSANE PERSONS. See Milledgeville State Hospital. INSURANCE Policies to cover injuries by motor vehicles of municipal corporations, counties or other political subdivisions 448

Page 3439

INSURANCE COMPANIES Authorized investments; Code 56-224 amended 393 Capital stock; Code 56-207 amended 338 Deposits with State Treasurer; notice of claims 738 INTANGIBLE PROPERTY TAX. See Taxation . J JACKSON, THOMAS JONATHAN Bust in Hall of Fame, New York City; a resolution 7 JACKSONVILLE Charter 3048 JEKINSBURG Charter 2909 JESUP Board of commissioners, city manager, purchases, audits, recorder, tax assessors 2858 Recorder, registrars, purchases, franchises 2508 JOHNSON COUNTY Land conveyance to, authorized; a resolution 725 Law books to Johnson Superior Court, a resolution 2518 JONES, ROBERT TYRE, JR. Commended; a resolution 2311 JOSEPH VANN HIGHWAY Resolution designating 337 JUDGMENTS. See Alimony . Dormancy; Code 110-1101 amended 417 Lien; Code 39-701 amended 425 JUNIOR CHAMBER OF COMMERCE National Junior Chamber of Commerce commended; a resolution 187

Page 3440

JURIES AND JURORS Compensation of jurors and bailiffs in counties of 100,000 to 110,000; Code 59-120 amended 265 Revision of jury lists; Code 59-106 amended 247 Segregation as to age and sex; Code 59-719 amended 248 Traverse juries, drawing in counties of 22,800 to 23,200 446 JURIES, GRAND. See Grand Juries. JUVENILE COURTS. See Name of court , as Fulton County, Juvenile Court of , and table, p. 3411. Act of 1951 amended (child consultants) 610 Act of 1951 amended (transfer to other courts, apprehension and detention) 582 L LABOR, COMMISSIONER OF. See Commissioner of Labor. LAFAYETTE Registration of voters 3353 LAGRANGE, CITY COURT OF Judge's salary 2907 Solicitor's salary 3147 LAKE LANIER STATE PARK A resolution 401 LAND Affidavits showing facts affecting title 614 LANIER COUNTY Law books to ordinary; a resolution 2516 Law books to superior court; a resolution 3385 LAWRENCEVILLE Corporate limits 3163 Salaries of mayor and councilmen 3149 Slum clearance 3206 LEE COUNTY Treasurer's salary 2996

Page 3441

LEESBURG Street closing authorized 3351 LIBERTY COUNTY Compensation of clerk of superior court and of sheriff 2340 Law books to; a resolution 2514 Ordinary's compensation 2342 Tax commissioner 2327 LIBERTY SUPERIOR COURT Compensation of clerk 2340 LICENSES. See Aliens; Architects; Fishing; Hunting; Malt Beverages; Midwives; Motor Vehicles; Structural Pest Control Act; Surveyors. LILBURN Charter 3306 LIMITED-ACCESS HIGHWAYS. See Highways. LIQUEFIED PETROLEUM GAS Act of 1949 amended 221 LIVESTOCK Act of 1953 amended 633 LOANS. See Banks. Industrial Loan Act 431 LOCAL GOVERNMENT IMPROVEMENT COMMISSION In counties of 300,000 or more 2635 LONG COUNTY Commissioner's compensation 3042 LOWNDES COUNTY Commissioners (compensation and expenses); county administrator 2728 LUMPKIN COUNTY Commissioner 2892

Page 3442

M McCAYSVILLE Salaries; audits 2976 McDONOUGH Candidacy for mayor or councilman 2547 McDUFFIE COUNTY Board of education; proposed amendment to the Constitution 668 Commissioners 2331 MACON Appropriations to libraries and night schools 2758 Board of tax appeals 2814 Pension system 2521 Street closing and conveyance ratified 2761 Street closings ratified 2594 Voting machines 3005 Water and sewer systems 3178 McRAE Telephone system 2529 MADISON COUNTY Tax commissioner's compensation 2260 MAGNOLIA STATE PARK License to Federal Government ratified; a resolution 467 MALT BEVERAGES Manufacture, license 657 MARIETTA Election of mayor and council; police 2973 MARION COUNTY Law books to ordinary; a resolution 2312 MARION SUPERIOR COURT Law books to; a resolution 2305

Page 3443

MEDICINE Aliens, practice by (temporary licenses) 575 Non-profit Medical Service Act amended 345 MEMORIALS. See Stone Mountain . MERIWETHER COUNTY Law books to ordinary; a resolution 2307 Treasurer's salary 2984 MICROFILM RECORDS. See Ordinaries . MIDWAY Charter 2188 MIDWIVES Licensing 252 MILITARY FORCES REORGANIZATION ACT 10 MILITIA, STATE. See Militia Forces Reorganization Act . MILLEDGEVILLE STATE HOSPITAL Committee to study laws as to commitment and release of patients; a resolution 404 Separation of veterans from other patients; a resolution 183 Trial for restoration and release; Code 35-236, 35-237 amended 347 MILLER COUNTY Commissioners; election, meetings, compensation, purchases 2256 Voting machines 2281 MINIMUM FOUNDATION. See Education . MINORS. See Juvenile Courts; Year's Support . Gifts of securities to minors 592 MITCHELL COUNTY Commissioners' compensation 3092 MONROE Corporate limits extended 2157

Page 3444

MONTGOMERY COUNTY Law books to superior court; a resolution 3357 MORROW Zoning, mayor and council, licenses, registration of voters, tax rate, mayor's court, streets, sidewalks, etc. 2781 MOTOR VEHICLES. See Insurance. Driver's license, expiration and renewal 662 Liability of owner for negligent injuries 454 License plates, issuance in counties 659 License tag applications 639 License tags (tags for different classes of vehicles) 448 Load limit; Code 68-405 amended. 392 Motor bus license fees; Code 92-2902 amended 303 Motor Fuel Tax Act amended (Code 92-1407, refunds) 380 Nonresident motorists, venue of actions 650 Operation without owner's permission misdemeanor 648 Registration; Code 68-205 amended 424 Traffic safety campaigns, citizens commended; a resolution 181 MOUNT VERNON Mayor and council, elections 2241 MUNICIPAL CORPORATIONS. See Names of cities, and table, p. 3415 Home rule study committee; a resolution 679 Insurance to cover injuries by motor vehicles 448 Tax collection; Code 924104 amended (not applicable to City of Atlanta) 580 Urban Redevelopment Act 354 Zoning and planning ordinances; Act of 1946 amended 305 MUSCOGEE COUNTY Commissioners (quorum; warrants, checks, etc.) 2235 Homestead exemption; proposed amendment to the Constitution 332 Pension system amended 2252 Sewerage system 2238 Street improvements 2141 MUSEUM State Museum of Science and Industry established 350

Page 3445

N NEWTON Charter 3228 NEWTON COUNTY Commissioner's salary 2477 Treasurer's salary 2923 NOLAN, J. C. Compensation to J. C. Nolan for damage to automobile; a resolution 2804 NON-PROFIT MEDICAL SERVICE ACT Amendments 345 NONRESIDENTS Venue of actions, nonresident motorists 650 O OIL WELLS Payment for first commercial well; proposed amendment to the Constitution 398 ORDINARIES. See Names of counties. ORDINARIES Citation, service by publication, Code 24-2115 353 Microfilm records in counties of not less than 62,000 3370 Retirement system amended 645 OYSTERS. See Game and Fish Commission. P PARKER-WHITE MOTOR COMPANY Compensation for damage to automobile; a resolution 3355 PARKS Chatuge Lake Park; a resolution 397 Lake Lanier State Park; a resolution 401 Magnolia State Park; license to Federal Government ratified; a resolution 467 Pat Griffin Memorial State Park; a resolution proposing establishment 708

Page 3446

PAROLE Revocation 351 PAT GRIFFIN MEMORIAL STATE PARK A resolution proposing establishment 708 PAULDING COUNTY Law books to ordinary; a resolution 3394 PAUPER'S AFFIDAVITS Authorized in trial courts 584 PEACE OFFICERS ANNUITY AND BENEFIT FUND Investments 387 PENSIONS. See Firearms; Ordinaries; Policemen; and names of counties and cities . Pension system in cities of more than 150,000; amendments 2057 Pension systems study committee; a resolution 334 PERRY Salaries of mayor and councilmen 3141 PEST CONTROL. See Structural Pest Control Act . PHARMACY Aliens; practice by (temporary licenses) 575 PIEDMONT JUDICIAL CIRCUIT Solicitor-general's compensation 2821 PIERCE COUNTY Commissioners; compensation and expenses 2961 Commissioners; compensation and expenses, clerk 3331 PIKE COUNTY Salary of commissioners' clerk 2549 PLANNING. See Names of counties and cities . PLANNING. See Municipal Corporations .

Page 3447

PLUMBING Regulations in counties of 60,000 to 62,000 3392 Regulations in counties of 135,000 to 150,000 2479 POLICEMEN Police pensions in cities of 150,000 or more 2046 , 2055 PORTS AUTHORITY. See Georgia Ports Authority . POWERS OF SALE General provisions 430 PRICE, MR. AND MRS. T. P. Compensation for injuries; a resolution 3386 PRINCIPAL AND AGENT Agent's liability to third parties; Code 4-410. 346 PRISONS Increase of prison population, commission to study; a resolution 184 PROBATION SENTENCES Revocation and modification; Code 27-2705 amended 637 PROGRAMS STUDY COMMITTEE State Programs Study Committee established; a resolution 188 PROPERTY, PUBLIC. See Public Buildings and Property . PUBLIC BUILDINGS AND PROPERTY Grand jury inspection; Code 59-319 amended 151 PUBLIC HEALTH CENTERS Grants to hospitals and public health centers 410 PUBLIC ROADS. See Highways . PUBLIC SAFETY, DEPARTMENT OF Uniform division 298 PUBLIC SCHOOLS. See Education .

Page 3448

Q QUAILS Shipment of quails to President Eisenhower authorized; a resolution 473 R RECORDING Photographic recording in counties of not less than 31,000 2746 Records of propery instruments in counties of 55,000 to 62,000; Code 24-2715 amended 612 REGISTRATION. See Elections . RELIGIOUS GROUPS. See Taxation . RETIREMENT. See Firemen; Ordinaries; Policemen; and names of cities and counties Pension system in cities of more than 150,000; amendments 2057 Superior Court Judge Act amended 152 REVENUE COMMISSIONER Eligibility for elective and appointive offices 656 RICHMOND COUNTY Board of education; compensation of members 2644 Construction of streets; proposed amendment to the Constitution 460 County physician (Tenure Act amended) 2642 Department of health 3192 RINCON Corporate limits 3140 RIVERDALE Streets and sidewalks, zoning 3153 ROADS. See Highways . ROADS, PUBLIC. See Highways . ROCKDALE COUNTY Commissioner's salary 2433 Compensation of sheriff, ordinary, clerk of superior court, and deputies 2428

Page 3449

ROCKDALE SUPERIOR COURT Compensation of clerk 2428 ROME Corporate limits 3123 Pension system 3096 ROSWELL Corporate limits 2639 RURAL ROADS AUTHORITY ACT 124 S ST. MARYS Corporate limits 2104 SALES TAX. See Taxation . SAVANNAH City manager 2197 Civil service system amended 2296 Elections, registration of voters 2062 Industrial and water supply commission 3338 Pension system 3328 SAVANNAH, MUNICIPAL COURT OF Sheriff and deputies, service, peace and good behavior warrants 3294 SAVANNAH AIRPORT COMMISSION Act of 1952 amended 2465 SAVANNAH DISTRICT AUTHORITY Establishing Act 170 SAVANNAH METROPOLITAN PLANNING COMMISSION Establishing Act 2535 SCHOOLS. See Education . SCREVEN COUNTY Ordinary's compensation 2223

Page 3450

SECURITIES. See Minors . SEEING EYE DOGS. See Blind Persons . SENTENCES. See Probation Sentences . Instructions as to effect of escape or attempt to escape; a resolution 474 Parole; revocation 351 SERVICE. See Ordinaries . SESSOMS, FRANK S. Frank S. Sessoms Memorial Highway designated; a resolution 717 SHEATS, MILDRED P. Reversion of lands granted to Georgia Commission on Alcoholism 677 SHERIFFS. See Names of counties . Fees; Code 24-2823 amended 383 SHRIMP. See Game and Fish Commission . SLUM CLEARANCE Urban Redevelopment Act 354 SMALL LOANS Industrial Loan Act 431 SMYRNA Corporate limits 2656 Eminent domain 2155 Qualifications of mayor and councilmen 2205 Tax rate 2550 SMITH, MAITLAND Compensation for damage to automobile; a resolution 3378 SOIL CONSERVATION COMMITTEE Powers and duties 257 SOUTHERN RAILWAY COMPANY Land conveyance to, by City of Macon, ratified 2594 SOUTHERN REGIONAL EDUCATION COMPACT Delaware and Virginia as parties; a resolution 667 SPALDING COUNTY Griffin-Spalding County Board of Education; elections 2775

Page 3451

SPIVEY, F. L. Compensation for damage to automobile; a resolution 3387 STATE BAR. See Attorneys at Law . STATE HALL OF FAME Rotunda of State Capitol designated as; a resolution 180 STATE HIGHWAY BOARD. See Highway Board . STATE MILITIA Military Forces Reorganization Act 10 STATE MUSEUM. See Museum . STONE MOUNTAIN Acquisition by State for memorial; a resolution 5 STATE OFFICE BUILDING AUTHORITY Confederate Soldiers' Home property; bond limit 585 STATE WAREHOUSE ACT. See Warehouses . STRUCTURAL PEST CONTROL ACT 564 SUPERIOR COURTS. See Names of courts and circuits, and table, p . 3410 Compensation of judges; Act of 1953 amended 167 Compensation of reporter in counties of more than 450,000 2092 Fees of clerks; Code 24-2727 amended 421 Judges Emeritus; powers and duties; proposed amendment to the Constitution 705 SUPERVISOR OF PURCHASES Eligibility for elective and appointive offices; Code 40-1901 amended 643 SUPREME COURT Justices emeritus; powers and duties; proposed amendment to the Constitution 705 SUWANEE Bonded indebtedness 3094

Page 3452

SURVEYORS Registration and license (proceedings to enforce Act) 611 SWAINSBORO Registration of voters, elections 3225 SYLVANIA Recorder's court 2108 T TALIAFERRO COUNTY Compensation of chairman of commissioners 2752 Grant of easement to board of education ratified; a resolution 707 TALLAPOOSA JUDICIAL CIRCUIT Assistant solicitor-general 3157 TARIFF Federal tariff policy; memorial to Congress; a resolution 709 Tariff legislation, memorial to Congress; a resolution 402 TAXATION. See Income Tax . Banks and banking associations; Code 92-2406 amended 450 Cigars and cigarettes 268 County tax levies 166 Dealers in gun shells 636 Exemption of religious groups, etc. 262 Homestead exemption; Code 92-233 amended 122 Income tax; Code 92-3109 amended 481 Intangible Property Tax Act amended 288 , 293 Intangible property tax; collection 730 Motor Fuel Tax Act amended (Code 92-1407, refunds) 380 Sales Tax Act amended (contractors) 389 Suspension of collection of ad valorem taxes; executive order of December 7, 1954, ratified 157 Tax refunds 455 TELFAIR COUNTY Salary of commissioner's clerk 2439 THOMAS COUNTY Law books to law library; a resolution 3356

Page 3453

THOMASTON Land conveyance to authorized; a resolution 680 Mayor and councilmen; salaries 2326 TIFTON City commissioners 2344 TITLE. See Land . TOBACCO. See Cigars and Cigarettes . Control of inferior grades on market 179 Flue-cured leaf tobacco sales 589 TRADE-MARKS Injunction to protect 453 TRAFFIC Safety campaigns, citizens commended 181 Uniform Act Regulating Traffic amended (adoption by cities and local authorities) 736 TRAFFIC COURTS In cities of 300,000 or more 2318 TRAPPING. See Game and Fish Commission . TRASH. See Highways . TRIALS Improper argument (reference to possibility of pardon, parole, etc.) 191 TROUP COUNTY Compensation of clerk of superior court, sheriff, ordinary and tax commissioner and of their deputies and assistants 2006 TURNPIKE AUTHORITY Act of 1953 repealed 256 U UNEMPLOYMENT COMPENSATION. See Employment Security .

Page 3454

UNIFORM ACT REGULATING TRAFFIC Amended (adoption by cities and local authorities) 736 UNIFORM CRIMINAL EXTRADITION ACT Amended; Code 44-303 repealed 587 UNIVERSITY SYSTEM Employment of aliens 382 URBAN REDEVELOPMENT ACT 354 V VALDOSTA Taxation 3299 VALDOSTA, CITY COURT OF Judge's salary 2003 VANN, CHIEF JOSEPH Joseph Vann Highway designated; a resolution 337 VETERANS Farm training programs; memorial to Congress; a resolution 723 Separation of veterans from other patients at Milledgeville State Hospital; a resolution 183 VETERANS SERVICE, DEPARTMENT OF Director's elegibility for elective and appointive offices 664 VOCATIONAL EDUCATION Appropriations under George-Barden Act; a resolution 715 VOTERS' REGISTRATION ACT Amended (restrictions on county registrars) 344 VOTING MACHINES. See Elections . W WADLEY Elections, sewers and drainage 2543

Page 3455

WALTON, GEORGE Bust in Georgia Hall of Fame; a resolution 672 WALTON COUNTY Commissioners; purchases, contracts, etc. 2904 WARE COUNTY Waycross and Ware County Development Authority 2840 WAREHOUSES Act of 1953 amended (fees, receipts) 261 WARNER ROBINS Corporate limits, mayor and council, wards, elections, ad valorem tax, budgets, health, parks 2093 WARREN COUNTY Commissioner's clerk 3305 WARRENTON Cemetery tax 3333 City limits 2601 Corporate limits 3171 Marshal 3218 WASHINGTON COUNTY Commissioners' compensation 2356 County council 2353 Tax commissioners 2358 WASHINGTON SUPERIOR COURT Terms 199 WATER LAW REVISION COMMISSION A resolution 407 WAYCROSS Corporate limits 3046 Taxation 2737 Waycross and Ware County Development Authority 2840

Page 3456

WAYCROSS JUDICIAL CIRCUIT Solicitor-general's salary 2767 Solicitor-general's salary 3369 WAYNE COUNTY Compensation of sheriff, ordinary, clerk of superior court and of tax commissioner 2792 WAYNE SUPERIOR COURT Clerk's compensation 2792 WESTERN AND ATLANTIC RAILROAD Intervention by Public Service Commission in Interstate Commerce Commission Finance Docket No. 18845; a resolution 741 WESTERN AND ATLANTIC RAILROAD COMMITTEE Services to; a resolution 674 WHEELER COUNTY Board of education; proposed amendment to the Constitution 711 WHITE COUNTY Commissioners; salary of chairman and of clerk 2500 WHITE HOUSE OF AUGUSTA Acceptance as historical site; a resolution 718 WHITFIELD COUNTY Commissioner (candidacy) 2748 Tax commissioner 3290 WHITTAKER, GEORGE D. Compensation to; a resolution 3380 WIGGINS, DARRELL Compensation for damage to automobile; a resolution 3384 WILCOX COUNTY Commissioners' compensation 3166

Page 3457

WILDLIFE. See Game and Fish Commission . WILDLIFE EXPERIMENT STATION Sae of land; a resolution 295 WILLS Probate in solemn form; Code 113-607 amended 217 WINTERVILLE Charter 2794 WITNESSES Fees; Code 38-1501 amended 653 WOODRUFF, HON. J. W., SR. Commended for services to State; a resolution 2309 WORKMEN'S COMPENSATION Amendments (Code 114-404114-406, 114-413, 114-501) 210 Committee to study; a resolution 727 X, Y, Z YEAR'S SUPPORT Bar by remarriage or death of widow 626 Bar by sale or conveyance 731 Minor's right barred by marriage or death 638 ZONING. See Names of counties and cities .

Page 3458

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 3462

MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1955-1956 Senators District Post Office Dr. C. L. Ayers 31st Toccoa D. B. Blalock 36th Newnan George B. Brooks 50th Crawford Homer L. Chance 51st Danville Edgar D. Clary, Jr. 29th Harlem N. C. Coffin 11th Cuthbert Jefferson L. Davis 42nd Cartersville W. K. Dean 40th Young Harris Charles E. Dews 9th Edison James M. Dykes 14th Cochran Glen Florence 39th Douglasville H. R. Garrett 53rd Quitman Willis Neal Harden 27th Commerce E. Girdean Harper 26th Griffin Walter Harrison 17th Millen Howell Hollis 24th Columbus Alva J. Hopkins, Jr. 4th Folkston Arthur E. Housley 32nd Dahlonega B. M. Jones 38th Dallas M. Brinson Jones 18th Wrens W. T. Jones 23rd Roberta Eugene Kelly 35th Monroe E. Roy Lambert 28th Madison W. Herschel Lovett 16th Dublin J. W. Mann 48th Cordele Dorsey R. Matthews 47th Moultrie James M. McBride 10th Leesburg C. Ernest McDonald 43rd Dalton G. Everett Millican 52nd Atlanta Walter B. Morrison 15th Mount Vernon Lawson Neel 7th Thomasville Howard T. Overby 33rd Gainesville Owen H. Page, Jr. 1st Savannah Arnold Parker 20th Milledgeville Tillman Paulk 45th Ocilla W. K. Ponsell 5th Waycross O. W. Raulerson 46th Patterson Reuben M. Reynolds 8th Bainbridge A. Cullen Richardson 13th Montezuma E. Doughty Ricketson 19th Warrenton Marvin C. Roop 37th Carrollton A. F. Seagraves 30th Hull Francis F. Shurling 21st Wrightsville William Burton Steis 25th Hamilton Joseph Barney Strickland 3rd Nahunta Thomas Toms 12th Georgetown A. Mell Turner 34th Decatur Lawton R. Ursrey 54th Hazlehurst Chas. F. Warnell 2nd Groveland Charles E. Waters 41st Ellijay J. L. Wetherington 6th Jasper, Florida Jhon H. Wilkins 44th Trenton T. J. Wood 49th Bellville J. Kimball Zellner 22nd Forsyth

Page 3464

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictCHATHAM, Effingham OWEN H. PAGE, JR.Savannah Second DistrictBRYAN, McIntosh, Liberty CHAS. F. WARNELLGroveland Third DistrictBRANTLEY, Wayne, Long JOSEPH BARNEY STRICKLANDNahunta Fourth DistrictCHARLTON, Glynn, Camden ALVA J. HOPKINS, JR.Folkston Fifth DistrictWARE, Atkinson, Clinch W. K. PONSELLWaycross Sixth DistrictECHOLS, Lowndes, Lanier J. L. WETHERINGTONJasper, Florida Seventh DistrictTHOMAS, Grady, Mitchell LAWSON NEELThomasville Eighth DistrictDECATUR, Seminole, Miller REUBEN M. REYNOLDSBainbridge Ninth DistrictCALHOUN, Early, Baker CHARLES E. DEWSEdison Tenth DistrictLEE, Dougherty, Worth JAMES M. McBRIDELeesburg Eleventh DistrictRANDOLPH, Terrell, Clay N. C. COFFINCuthbert Twelfth DistrictQUITMAN, Stewart, Webster THOMAS TOMSGeorgetown Thirteenth DistrictMACON, Schley, Sumter A. CULLEN RICHARDSONMontezuma Fourteenth DistrictBLECKLEY, Dooly, Pulaski JAMES M. DUKESCochran Fifteenth DistrictMONTGOMERY, Wheeler, Toombs WALTER B. MORRISONMount Vernon Sixteenth DistrictLAURENS, Treutlen, Emanuel W. HERSCHEL LOVETTDublin Seventeenth DistrictJENKINS, Screven, Burke WALTER HARRISONMillen

Page 3465

Eighteenth DistrictJEFFERSON, Richmond, Glascock M. BRINSON JONESWrens Nineteenth DistrictWARREN, Taliaferro, Greene E. DOUGHTY RICKETSONWarrenton Twentieth DistrictBALDWIN, Hancock, Washington ARNOLD PARKERMilledgeville Twenty-First DistrictJOHNSON, Jones, Wilkinson FRANCIS F. SHURLINGWrightsville Twenty-Second DistrictMONROE, Butts, Lamar J. KIMBALL ZELLNERForsyth Twenty-Third DistrictCRAWFORD, Peach, Taylor W. T. JONESRoberta Twenty-Fourth DistrictMUSCOGEE, Chattahoochee, Marion HOWELL HOLLISColumbus Twenty-Fifth DistrictHARRIS, Upson, Talbot WILLIAM BURTON STEISHamilton Twenty-Sixth DistrictSPALDING, Clayton, Fayette E. GIRDEAN HARPERGriffin Twenty-Seventh DistrictJACKSON, Barrow, Oconee WILLIS NEAL HARDENCommerce Twenty-Eighth DistrictMORGAN, Jasper, Putnam E. ROY LAMBERTMadison Twenty-Ninth DistrictCOLUMBIA, Lincoln, McDuffie EDGAR D. CLARY, JR.Harlem Thirtieth DistrictMADISON, Elbert, Hart A. F. SEAGRAVESHull Thirty-First DistrictSTEPHENS, Habersham, Franklin DR. C. L. AYERSToccoa Thirty-Second DistrictLUMPKIN, Dawson, White ARTHUR E. HOUSLEYDahlonega Thirty-Third DistrictHALL, Forsyth, Banks HOWARD T. OVERBYGainesville Thirty-Fourth DistrictDEKALB, Gwinnett, Rockdale A. MELL TURNERDecatur Thirty-Fifth DistrictWALTON, Henry, Newton EUGENE KELLYMonroe Thirty-Sixth DistrictCOWETA, Meriwether, Pike D. B. BLALOCKNewnan

Page 3466

Thirty-Seventh DistrictCARROLL, Troup, Heard MARVIN C. ROOPCarrollton Thirty-Eighth DistrictPAULDING, Haralson, Polk B. M. JONESDallas Thirty-Ninth DistrictDOUGLAS, Cobb, Cherokee GLEN FLORENCEDouglasville Fortieth DistrictTOWNS, Union, Rabun W. K. DEANYoung Harris Forty-First DistrictGilmer, Pickens, Fannin CHARLES E. WATERSEllijay Forty-Second DistrictBARTOW, Chattooga, Floyd JEFFERSON L. DAVISCartersville Forty-Third DistrictWHITFIELD, Gordon, Murray C. ERNEST McDONALDDalton Forty-Fourth DistrictDADE, Walker, Catoosa JOHN H. WILKINSTrenton Forty-Fifth DistrictIRWIN, Ben Hill, Telfair TILLMAN PAULKOcilla Forty-Sixth DistrictPIERCE, Bacon, Coffee O. W. RAULERSONPatterson Forty-Seventh DistrictCOLQUITT, Tift, Turner DORSEY R. MATTHEWSMoultrie Forty-Eighth DistrictCRISP, Dodge, Wilcox J. W. MANNCordele Forty-Ninth DistrictEVANS, Bulloch, Candler T. J. WOODBellville Fiftieth DistrictOGLETHORPE, Clarke, Wilkes GEORGE B. BROOKSCrawford Fifty-First DistrictTWIGGS, Houston, Bibb HOMER L. CHANCEDanville Fifty-Second DistrictFULTON G. EVERETT MILLICANAtlanta Fifty-Third DistrictBROOKS, Berrien, Cook H. R. GARRETTQuitman Fifty-Fourth DistrictJEFF DAVIS, Tattnall, Appling LAWTON R. URSREYHazlehurst

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1955-56 Representative County Post Office Adams, Joe B. Lamar Barnesville Allen, Francis W. Bulloch Statesboro Ayers, Jere C. Madison Comer Bagby, George T. Paulding Dallas Barber, Leo T. Colquitt Moultrie Barber, Mac Jackson Commerce Baughman, Leon H. Early Cedar Springs Bentley, Fred D. Cobb Marietta Birdsong, Frank G. Troup LaGrange Black, J. Lucius Webster Preston Blackburn, T. Sidney Habersham Alto Blalock, Edgar Clayton Jonesboro Bloodworth, John W. Houston Perry Bodenhamer, Wm. T. Tift Ty Ty Boggus, Argin A., Sr. Ben Hill Fitzgerald Bolton, Arthur K. Spalding Griffin Brannen, C. B. Dooly Unadilla Brown, Cecil E. Telfair Lumber City Caldwell, Johnnie L. Upson Thomaston Callier, H. Chris Talbot Talbotton Campbell, Albert Walker LaFayette Carlisle, J. Douglas Bibb Macon Cason, L. J. Pierce Blackshear Cates, Frank M. Burke Waynesboro Chambers, R. Lee Richmond Augusta Chastain, Robert E. Thomas Thomasville Cheatham, Frank S., Jr. Chatham Savannah Cheek, Hugh G. Taylor Butler Clary, H. Eulond McDuffie Thomson Cloud, H. Carl Decatur Climax Cocke, Steve M. Terrell Dawson Coker, Grady N., Dr. Cherokee Canton Coker, Robert E. Walker LaFayette Cornelius, M. M. Polk Cedartown Cotton, L. Baker Leary Cowart, J. M. Calhoun Arlington Coxwell, Wm. M. Lee Leesburg Davis, E. M. Clay Fort Gaines Deal, W. Roscoff Bryan Pembroke Deen, Braswell, Jr. Bacon Alma Denmark, Roscoe Liberty Hinesville Denson, Jim Dougherty Albany Dozier, Lovette Miller Colquitt Drinkard, John P. Lincoln Lincolnton Duke, Joseph B. Baldwin Milledgeville Duncan, J. Ebb Carroll Carrollton Edenfield, Mose McIntosh Darien Elder, D. Mayne Oconee Watkinsville English, R. S., Jr. Berrien Nashville Eyler, Edgar P. Chatham Savannah Fain, Ralph Kelley Franklin Royston Floyd, James H. Chattooga Trion Flynt, Wales T. Taliaferro Crawfordville Fordham, Wiley B. Bulloch Statesboro Foster, E. Alvin Clayton Forest Park Fowler, A. A., Jr. Douglas Douglasville Fowler, Howard Tift Tifton Freeman, Wm. B. Monroe Forsyth Frier, W. A. Ware Millwood Garrard, H. G. Wilkes Washington Gilleland, Carlton W. Dawson Dawsonville Gillis, Hugh Treutlen Soperton Goodson, Charles L. Heard Franklin Green, Paul Rabun Clayton Greene, Palmer H. Crisp Cordele Grimsley, Lonnie H. Cook Adel Groover, Denmark, Jr. Bibb Macon Gross, Frank L. Stephens Toccoa Gross, Woodrow W. Dade Avans Gunter, Wm. B. Hall Gainesville Hall, J. Battle Floyd Rome Hardaway, Guy W. Meriwether Greenville Harrell, R. A. Grady Cairo Harris, Wm. B. Brantley Nahunta Harrison, J. I. Jeff Davis Hazlehurst Harrison, Robert L. Wayne Jesup Hawkins, W. Colbert Screven Sylvania Hayes, Dewey Coffee Douglas Henderson, Waldo Atkinson Lakeland Hendrix, George W. Long Ludowici Hodges, B. Harvey Butts Jackson Hogan, Rubert L. Laurens Dudley Holley, Wm. W. Richmond Augusta Houston, Harlan Whitfield Dalton Huddleston, Grady L. Fayette Fayetteville Hudson, D. D. Irwin Ocilla Hurst, Joe J. Quitman Georgetown Ivey, W. C. Newton Porterdale Jackson, George L. Jones Gray Jessup, Ben Bleckley Cochran Johnson, Merrill Jenkins Millen Johnson, Walter F. Gilmer Ellijay Jones, David C. Worth Sylvester Jones, Fred C., Jr. Lumpkin Dahlonega Jones, Paul J., Jr. Laurens Dublin Jones, Thad M. Sumter Plains Jordan, C. M., Jr. Wheeler Alamo Kelley, Paul V., Sr. Gwinnett Lawrenceville Kennedy, T. E., Jr. Turner Ashburn Kennedy, Tom Tattnall Manassas Key, Wm. Hicks Jasper Monticello Kilgore, Willie Lee Gwinnett Lawrenceville Killian, William R. Glynn Brunswick King, Harvey G., Jr. Whitfield Dalton King, Joe N. Chattahoochee Cusseta King, M. E. Pike Concord Kitchens, Claude S. Twiggs Dry Branch Lam, C. O. Troup Hogansville Land, A. T. Wilkinson Allentown Lanier, William L. (Bill) Candler Metter Lavender, Woodrow Wilson Elbert Bowman Lindsey, Frank P., Jr. Spalding Griffin Lokey, Hamilton Fulton Atlanta Long, Fred F. Murray Chatsworth Love, John W., Jr. Catoosa Ringgold Lowe, Joe H. Oglethorpe Crawford Mackay, James A. DeKalb Decatur Mallory, L. A., Jr. Upson Thomaston Martin, Tom Banks Homer Mashburn, Marcus Forsyth Cumming Massee, W. C. Baldwin Milledgeville Matheson, B. Benson Hart Hartwell Mathis, J. E. Lowndes Valdosta Matthews, Chappelle Clarke Athens Mauldin, Henry A. Gordon Calhoun McCracken, J. Roy Jefferson Avera McGarity, Edward E. Henry McDonough McKelvey, Paul Polk Rockmart McKenna, Andrew W. Bibb Macon McWhorter, W. Hugh DeKalb Decatur Mincy, Cleve Ware Waycross Moate, Marvin E. Hancock Sparta Mobley, T. Watson Burke Girard Moore, A. C. Pickens Jasper Moorman, Warren S. Lanier Lakeland Mull, Reid Fannin Blue Ridge Murphey, R. Clifton Crawford Roberta Murphy, Harold L. Haralson Buchanan Murr, Jack Sumter Americus Musgrove, Downing Clinch Homerville Nightingale, Bernard N. Glynn Brunswick Nilan, John Muscogee Columbus Odom, John D. Camden Kingsland Palmer, Tom C., Jr. Mitchell Pelham Parker, W. C. (Bill) Appling Baxley Peacock, Gilbert C. Dodge Eastman Pelham, B. E. Schley Ellaville Perkins, C. C. Carroll Mount Zion Peters, Hoke S. Meriwether Manchester Pettey, Pete Pulaski Hawkinsville Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Pickard, A. Mac Muscogee Columbus Potts, George W. Coweta Newnan Ramsey, H. N., Sr. Effingham Springfield Raulerson, Louis T. Echols Haylow Ray, Jack B. Warren Norwood Reed, Raymond M. Cobb Marietta Register, G. Troy Lowndes Valdosta Rodgers, H. Ben Charlton Folkston Roughton, Harvey Washington Sandersville Rowland, Emory L. Johnson Wrightsville Ruark, William L. Greene Woodville Russell, Robert L., Jr. Barrow Winder Rutland, Guy W., Jr. DeKalb Decatur Sanders, Carl E. Richmond Augusta Scoggin, Robert L. (Bob) Floyd Rome Sheffield, John E., Jr. Brooks Quitman Short, H. Jack Colquitt Doerun Singer, Sam S. Stewart Lumpkin Sivell, W. D. Harris Chipley Smith, B. E., Sr. Evans Daisy Smith, Geo. L., II Emanuel Swainsboro Smith, Hoke Fulton Atlanta Smith, M. M. (Muggsy) Fulton Atlanta Sognier, John W. Chatham Savannah Souter, J. Lester Macon Montezuma Stephens, Robert G., Jr. Clarke Athens Stevens, E. C. Marion Buena Vista Strickland, M. Ortez Toombs Vidalia Stripling, David C. Coweta Newnan Tamplin, Howard H. Morgan Madison Tanner, Andrew J. Coffee Douglas Tarpley, Jack G. Union Blairsville Terrell, Vaughn E. Decatur Bainbridge Todd, W. G. Glascock Gibson Truelove, Franklin F. White Cleveland Turk, D. E. Wilcox Abbeville Twitty, Frank S. Mitchell Camilla Underwood, D. Vann Bartow Cartersville Underwood, Joe C. Montgomery Mt. Vernon Upshaw, Troy Bartow Rydal Veal, Dallas Putnam Eatonton Walker, Eli M. Rockdale Conyers Watson, G. Stuart Dougherty Albany Weems, Paul B. Chattooga Summerville Wheeler, R. E. Seminole Donalsonville Williams, W. M. Hall Gainesville Willingham, Harold S. Cobb Marietta Willis, O. S. Thomas Coolidge Wilson, Montgomery Towns Hiawassee Wilson, Wm. J. Peach Ft. Valley Wooten, J. Mercer Randolph Shellman Wright, Barry, Jr. Floyd Rome Young, J. Gordon Muscogee Columbus

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1955-1956 County Representative Post Office Appling W. C. (Bill) Parker Baxley Atkinson Waldo Henderson Lakeland Bacon Braswell Deen, Jr. Alma Baker L. Cotton Leary Baldwin Joseph B. Duke Milledgeville Baldwin W. C. Massee Milledgeville Banks Tom Martin Homer Barrow Robert L. Russell, Jr. Winder Bartow D. Vann Underwood Cartersville Bartow Troy Upshaw Rydal Ben Hill Argin A. Boggus, Sr. Fitzgerald Berrien R. S. English, Jr. Nashville Bibb J. Douglas Carlisle Macon Bibb Denmark Groover, Jr. Macon Bibb Andrew W. McKenna Macon Bleckley Ben Jessup Cochran Brantley William B. Harris Nahunta Brooks John E. Sheffield, Jr. Quitman Bryan W. Roscoff Deal Pembroke Bulloch Francis W. Allen Statesboro Bulloch Wiley B. Fordham Statesboro Burke Frank M. Cates Waynesboro Burke T. Watson Mobley Girard Butts B. Harvey Hodges Jackson Calhoun J. M. Cowart Arlington Camden John D. Odom Kingsland Candler William L. (Bill) Lanier Metter Carroll J. Ebb Duncan Carrollton Carroll C. C. Perkins Mount Zion Catoosa John W. Love, Jr. Ringgold Charlton H. Ben Rodgers Folkston Chatham Frank S. Cheatham, Jr. Savannah Chatham Edgar P. Eyler Savannah Chatham John W. Sognier Savannah Chattahoochee Joe N. King Cusseta Chattooga James H. Floyd Trion Chattooga Paul B. Weems Summerville Cherokee Dr. Grady N. Coker Canton Clarke Chappelle Matthews Athens Clarke Robert G. Stephens, Jr. Athens Clay E. M. Davis Fort Gaines Clayton Edgar Blalock Jonesboro Clayton E. Alvin Foster Forest Park Clinch Downing Musgrove Homerville Cobb Fred D. Bentley Marietta Cobb Raymond M. Reed Marietta Cobb Harold S. Willingham Marietta Coffee Dewey Hayes Douglas Coffee Andrew J. Tanner Douglas Colquitt Leo T. Barber Moultrie Colquitt H. Jack Short Doerun Columbia Glenn S. Phillips Harlem Cook Lonnie H. Grimsley Adel Coweta George W. Potts Newnan Coweta David C. Stripling Newnan Crawford R. Clifton Murphey Roberta Crisp Palmer H. Greene Cordele Dade Woodrow W. Gross Avans Dawson Carlton W. Gilleland Dawsonville Decatur H. Carl Cloud Climax Decatur Vaughn E. Terrell Bainbridge DeKalb James A. Mackay Decatur DeKalb W. Hugh McWhorter Decatur DeKalb Guy W. Rutland, Jr. Decatur Dodge Gilbert C. Peacock Eastman Dooly C. B. Brannen Unadilla Dougherty Jim Denson Albany Dougherty G. Stuart Watson Albany Douglas A. A. Fowler, Jr. Douglasville Early Leon H. Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham H. N. Ramsey, Sr. Springfield Elbert Woodrow Wilson Lavender Bowman Emanuel Geo. L. Smith, II Swainsboro Evans B. E. Smith, Sr. Daisy Fannin Reid Mull Blue Ridge Fayette Grady L. Huddleston Fayetteville Floyd J. Battle Hall Rome Floyd Robert L. (Bob) Scoggin Rome Floyd Barry Wright, Jr. Rome Forsyth Marcus Mashburn Cumming Franklin Ralph Kelley Fain Royston Fulton Hamilton Lokey Atlanta Fulton Hoke Smith Atlanta Fulton M. M. (Muggsy) Smith Atlanta Gilmer Walter F. Johnson Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian Brunswick Glynn Bernard N. Nightingale Brunswick Gordon Henry A. Mauldin Calhoun Grady R. A. Harrell Cairo Greene William L. Ruark Woodville Gwinnett Paul V. Kelley, Sr. Lawrenceville Gwinnett Willie Lee Kilgore Lawrenceville Habersham T. Sidney Blackburn Alto Hall Wm. B. Gunter Gainesville Hall W. M. Williams Gainesville 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 John W. Bloodworth Perry Irwin D. D. Hudson Ocilla Jackson Mac Barber Commerce Jasper Wm. Hicks Key Monticello Jeff Davis J. I. Harrison Hazlehurst Jefferson J. Roy McCracken Avera Jenkins Merrill Johnson Millen Johnson Emory L. Rowland Wrightsville Jones George L. Jackson Gray Lamar Joe B. Adams Barnesville Lanier Warren S. Moorman Lakeland Laurens Rubert L. Hogan Dudley Laurens Paul J. Jones, Jr. Dublin Lee William M. Coxwell Leesburg Liberty Roscoe Denmark Hinesville Lincon John P. Drinkard Lincolnton Long George W. Hendrix Ludowici Lowndes J. E. Mathis Valdosta Lowndes G. Troy Register Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon J. Lester Souter Montezuma Madison Jere C. Ayers Comer Marion E. C. Stevens Buena Vista McDuffie H. Eulond Clary Thomson McIntosh Mose Edenfield Darien Meriwether Guy W. Hardaway Greenville Meriwether Hoke S. Peters Manchester Miller Lovette Dozier Colquitt Mitchell Tom C. Palmer, Jr. Pelham Mitchell Frank S. Twitty Camilla Monroe Wm. B. Freeman Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan Howard H. Tamplin Madison Murray Fred F. Long Chatsworth Muscogee John Nilan Columbus Muscogee A. Mac Pickard Columbus Muscogee J. Gordon Young Columbus Newton W. C. Ivey Porterdale Oconee D. Mayne Elder Watkinsville Oglethorpe Joe H. Lowe Crawford Paulding George T. Bagby Dallas Peach Wm. J. Wilson Ft. Valley Pickens A. C. Moore Jasper Pierce L. J. Cason Blackshear Pike M. E. King Concord Polk M. M. Cornelius Cedartown Polk Paul McKelvey Rockmart Pulaski Pete Pettey Hawkinsville Putnam Dallas Veal Eatonton Quitman Joe J. Hurst Georgetown Rabun Paul Green Clayton Randolph J. Mercer Wooten Shellman Richmond R. Lee Chambers Augusta Richmond William W. Holley Augusta Richmond Carl E. Sanders Augusta Rockdale Eli M. Walker Conyers Schley B. E. Pelham Ellaville Screven W. Colbert Hawkins Sylvania Seminole R. E. Wheeler Donalsonville Spalding Arthur K. Bolton Griffin Spalding Frank P. Lindsey, Jr. Griffin Stephens Frank L. Gross Toccoa Stewart Sam S. Singer Lumpkin Sumter Thad M. Jones Plains Sumter Jack Murr Americus Talbot H. Chris Callier Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall Tom Kennedy Manassas Taylor Hugh G. Cheek Butler Telfair Cecil E. Brown Lumber City Terrell Steve M. Cocke Dawson Thomas Robt. E. Chastain Thomasville Thomas O. S. Willis Coolidge Tift Wm. T. Bodenhamer Ty Ty Tift Howard Fowler Tifton Toombs M. Ortez Strickland Vidalia Towns Montgomery Wilson Hiawassee Treutlen Hugh Gillis Soperton Troup Frank G. Birdsong LaGrange Troup C. O. Lam Hogansville Turner T. E. Kennedy, Jr. Ashburn Twiggs Claude S. Kitchens Dry Branch Union Jack G. Tarpley Blairsville Upson L. A. Mallory, Jr. Thomaston Upson Johnnie L. Caldwell Thomaston Walker Robert E. Coker LaFayette Walker Albert Campbell LaFayette Walton John Lee Phillips Monroe Ware W. A. Frier Millwood Ware Cleve Mincy Waycross Warren Jack B. Ray Norwood Washington Harvey Roughton Sandersville Wayne Robert L. Harrison Jesup Webster J. Lucius Black Preston Wheeler C. M. Jordan, Jr. Alamo White Franklin F. Truelove Cleveland Whitfield Harlan Houston Dalton Whitfield Harvey G. King, Jr. Dalton Wilcox D. E. Turk Abbeville 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 Assistant to Secretary of State