Acts and resolutions of the General Assembly of the state of Georgia 1956 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia HAPEVILLE: LONGINO PORTER, INC. 19560000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1956 19560000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGINO PORTER, INC.HAPEVILLE, GA.

Compiler's Note To speed publication, the Acts and Resolutions of the 1956 session were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 823. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning at page 2001. There are no intervening pages between 823 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1956 HON. W. A. BLASINGAME MEMBER OF STATE HIGHWAY BOARD. No. 1 (Joint Senate Resolution No. 2). A Resolution. Be it resolved by the General Assembly, in joint session 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 a full term of six (6) years, beginning on February 9, 1956 and ending on February 8, 1962, as provided by law. 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 be commissioned as a member of the State Highway Board of Georgia from the Southern Highway District for a full term of six (6) years beginning on February 9, 1956, and ending on February 8, 1962. Approved January 26, 1956.

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HON. ROGER H. LAWSON MEMBER OF STATE HIGHWAY BOARD. No. 2 (Joint Senate Resolution No. 1). A Resolution. Be it resolved by the General Assembly in joint session that Honorable Roger H. Lawson of the County of Pulaski is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Central Highway District, for the unexpired term of Honorable C. Dixon Oxford ending February 8, 1960. 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 Roger H. Lawson be commissioned as a member of the State Highway Board of Georgia from the Central Highway District for the unexpired term of Honorable C. Dixon Oxford ending on February 8, 1960. Approved January 26, 1956. TORT ACTIONS AGAINST NEWSPAPERS, MAGAZINES, ETC. No. 10 (Senate Bill No. 75). An Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall apply to all corporations, foreign and domestic, engaged in publishing newspapers, magazines or periodicals having circulation in more than one county in this State.

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Section 2. Every such corporation shall be a resident of, and shall be deemed to be domiciled in each county within which the newspaper, magazine or periodical published by such corporation is circulated. Such newspaper, magazine or periodical shall be deemed to be circulated in any county in which it is regularly delivered to more than fifty subscribers. Section 3. Any corporation referred to in Section One of this Act shall be subject to suit in any county in which the newspaper, magazine or periodical published by it is so circulated in any action for damages originating in such county, in the same manner as railroad and electric companies are subject to suit for damages in any county in which the cause of action originated. Any cause of action for libel shall be deemed to have originated in each county in which the libelous matter was published. The courts of any such county shall have jurisdiction to entertain any suit for damages brought in such county under this Act. Provided, however, that nothing contained herein shall be construed to confer on any person more than one cause of action, for any one publication, notwithstanding that the cause of action may be brought in any county in which the publication appears, and provided, however, that the pendency of a suit for libel in one county under the provisions of this Act shall be a bar to the filing of a second suit for the same libel in any other county, and a final judgment in any such action shall constitute res judicata as to that cause of action. Venue of actions. Section 4. When any corporation described in Section One of this Act is sued in any county of this State on any cause of action authorized by this Act to be sued in such county, process shall be issued as in other cases, and served upon any agent of the corporation in the county, whether or not the corporation has a place of business in the county. If the corporation has no agent or place of business in the county service shall be perfected by the issuance of a second original for the county in which the principal office of the corporation in this State is located, and the service of such second original

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upon any agent or employee of the corporation at such place of business. Service. Section 5. If any corporation subject to suit under this Act shall have no office, agent, or place of business in Georgia, it shall, by circulating such newspaper, magazine or periodical, designate the Secretary of State as its agent for service in Georgia, and service may be perfected upon such corporation by service upon the Secretary of State in the same manner as service is perfected upon non-resident users of highways of Georgia under the Act of March 30, 1937 (Ga. L. 1937, p. 732) known as the Non-Resident Motorists Act. Service on Secretary of State. Section 6. If any section or portion of this Act shall be declared unconstitutional, the remaining portions of this Act shall continue of full force and effect. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1956. CLOSING OF PUBLIC SCHOOL SYSTEMS. No. 11 (Senate Bill No. 1). An Act to provide for closing the public schools in any county, city or independent school system; to provide for grants for educational purposes to the children of school age in any such county, city or independent school system; to define the powers of the Governor hereunder, and with respect to closing such schools, protecting school property, and such grants; to prescribe limitations with reference to the use of such grants and provide punishment for violations thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That whenever the Governor shall ascertain that the public schools of any county, city or independent school district within this State are not entitled under the laws of this State to State funds for their maintenance and operation, or whenever the Governor shall ascertain that the public schools of any county, city or independent school district cannot be operated in such manner as shall entitle such schools under the laws of this State to State funds for their maintenance and operation, he shall in either such event by executive order, make public proclamation of the fact so determined by him, and thereupon the public authorities of such county, city or independent school district shall no longer be authorized to operate the public schools of such county, city or independent school district after the effective date named in such executive order; and the Governor shall by such executive order provide for the closing of such schools and for the preservation and protection of the school properties, and such public schools shall thereupon be closed and such properties preserved and protected as provided in such order. When the public schools of any such county, city or independent school district shall be so closed, each child of school age resident within such county, city or independent school district shall be entitled each year thereafter to receive the benefit of an educational grant from State and local funds as provided hereby in discharge of all obligation of the State in respect of education. The Governor may order the public schools of any county, city or independent school district closed without closing the public schools of any other county, city or independent school district, and he may close the public schools of several counties, cities or independent school districts by one order. Executive order. Grants to school children. Section 2. That the amount of such grant to each such child shall be annually calculated as may be provided for by the order of the Governor; and shall be payable from State funds in such amount as shall represent the State funds annually expendable for the individual pupil under the provisions of State appropriations

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of force for public schools in the county, city or independent school district wherein the child resides for the last entire school year during which the public schools were open therein, together with such additional amount as may be provided under Section 5 hereof, and from local funds in such amount as shall be arrived at by dividing the local funds available therefor by the number of children of school age resident in the county, city or independent school district; and every such county, city or independent school district shall have the same power and authority and shall be under the same duty and responsibility to assess, levy and collect taxes and appropriate and expend the revenues therefrom for the purpose of making such grants as are provided for by the Constitution and laws in respect to the maintenance, operation and support of public schools. The first of such calculations shall be made upon the entry of such executive order and calculations thereafter shall be made on the first day of July of each year. The Governor shall by such executive order prescribe rules and regulations for the administration of this section. When by any such executive order the public schools of any county, city or independent school district shall be closed during a school year there shall be paid for the benefit of the children enrolled in such schools prior to the closing thereof an educational grant for the remainder of such school year in like manner as annual grants are provided for by this law, and the executive order in such cases shall provide therefor. Amount of grants. Local funds. Section 3. That no portion of any such grant may be expended for religious sectarian education and that any parent, guardian or other person having custody of any child receiving any grant for the benefit of such child who shall expend the same or any portion thereof except for the education of such child as herein provided shall be guilty of a misdemeanor, and shall be punished upon conviction thereof as provided by law. Expenditure of grants. Section 4. That every child between his sixth and eighteenth birthdays shall be deemed to be of school age

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unless such child is incapable of receiving further education or has already received an elementary and high school education or their equivalent. School age. Section 5. That in calculating the grants as provided in Section 2 hereof, the Governor is authorized to include such additional amount as he may deem necessary for education, which amount shall be paid from appropriations made for such purposes by the General Assembly. Appropriations. Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 6, 1956. TRESPASS ON PUBLIC PROPERTY. No. 12 (Senate Bill No. 2). An Act to provide that it shall be a misdemeanor for any person to enter upon any State-owned or operated property where such property has been closed to the public on executive order of the Governor, or by order of the department head having supervision over such property, or by any official having immediate supervision thereover; to provide that notice must first have been given of such closing and to define same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person who for any purpose shall enter upon any property owned, leased, or otherwise under the care, custody, control, supervision or operation of the State or any of its agencies, where such property has been closed to the public, by executive order of the Governor, or by order of the official in charge of the State agency or department having supervision over such property, or by oral or written order of the official or employee having immediate supervision over such

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property, shall be guilty of a misdemeanor and punished as provided by law; provided however, that notice of such closing is first given to the public, either by posting of appropriate signs at the entrance to such property, or by actual communication to such person by the official in immediate supervision of such property, or his agents or employees. Provided however, this Act shall not apply to employees of the agency concerned authorized to enter the property for purposes of care, custody, maintenance or inspection. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1956. LEASE OF PUBLIC SCHOOL PROPERTY. No. 13 (Senate Bill No. 3). An Act to provide for the leasing of school property of any county, city or independent school system for private educational purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the various counties, cities, municipalities, county boards of education, city boards of education and governing bodies of independent school districts or systems of this State shall have authority to lease any schoolhouse or other school property for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school, provided that said lease shall be for a period not longer than five (5) years. Lease to private schools. Section 2. That the provisions of this Act shall apply to all public school systems in this State, including those

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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. Systems to which applicable. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1956. STATE SCHOOL BUILDING AUTHORITYLEASES. No. 14 (Senate Bill No. 4). An Act to amend an Act creating the State School Building Authority, approved February 19, 1951 (Ga. L. 1951, p. 241), so as to authorize the subleasing of any structure, building or facility of the Authority for private educational purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act creating the State School Building Authority, approved February 19, 1951 (Ga. L. 1951, p. 241), is hereby amended by adding at the end of Paragraph (5) of Section 4 the sentence Provided, however, nothing contained in this Act shall prevent such political subdivisions, departments, institutions, agencies, county boards of education, city boards of education or governing bodies of independent school districts or systems from subleasing any structure, building or facility of the Authority for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school, so that when amended, Paragraph (5) of Section 4 shall read as follows: Sec. 4, Act of 1951, amended. (5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts

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for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all 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 the county boards of education, city boards of education or governing bodies of independent districts or systems for and on behalf of the units and institutions within their respective counties, cities, or districts, and to the Authority to enter into contracts and lease agreements for the use of any structure, building or facilities of the Authority for a term not exceeding fifty (50) years, and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building or facility and none other and so long as said property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased, and also to obligate itself and its successors as a part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority. Provided, however, nothing contained in this Act shall prevent such political subdivisions, departments, institutions, agencies, county boards of education, city boards of education or governing bodies of independent school districts or systems from subleasing any structure, building or facility of the Authority for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the operation of a private school. Leases. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1956.

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TEACHERS' RETIREMENT SYSTEMAMENDMENT. Code 32-2901 Amended. No. 15 (Senate Bill No. 6). An Act to amend the Act approved March 19, 1943 (Ga. L. 1943, p. 640) creating the Teachers' Retirement System as heretofore amended by providing for the admission of teachers in privately operated nonsectarian schools to said system; 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 Subparagraph 5 of Section 1 of the Act approved March 19, 1943, and set out in Georgia Laws 1943, pages 640 through 670, entitled Teachers Retirement System, which Act is amended by Act approved February 25, 1949, and set out in Georgia Laws 1949, pages 1505 through 1506, entitled Teachers RetirementAmendment, and further amended by the Act approved February 16, 1950, and set out in Georgia Laws 1950, pages 261 through 266, entitled Teachers Retirement SystemAmendments, and further amended by the Act approved January 5, 1954, and set out in Georgia Laws 1953 (November Session) page 470, which said Subparagraph 5 of Section 1 is set out in Subsection 5 of Section 32-2901 of the Code of 1933, be further amended by adding the following thereto: In the event any privately operated nonsectarian school and any teacher therein request the Board of Trustees to permit such school as employer and such teacher therein to make contributions as herein defined to provide such retirement benefits for such private school teacher, the board shall permit such teacher to come under the operation of this Chapter as a `teacher', but the State shall make no contributions on account of such private school teacher. Said subsection 5 of Section 1 of said Act approved

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March 19, 1943, as amended by the Acts above stated, and said Subsection 5 of Code Section 32-2901 of the Code of 1933, as amended hereby will read as follows: Code 32-2901 amended. (5) `Teacher' shall mean any person employed not less than half time in the public day schools as a class-room teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agricultural Extension Service of the University of Georgia. The word `teacher' shall also include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System and shall include secretary and treasurer of the Board of Regents. The Board of Trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Chapter. In the event the Georgia Educational Association and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association and any full-time employee thereof, or the Georgia School Boards Association and any full-time employee thereof request the Board of Trustees to permit the Association as employer and such employee to make contributions as herein defined to provide retirement benefits for such employee, the board may permit such employee to come under the operation of this Chapter as a teacher but the State shall make no contributions on account of such employee. The word `teacher' shall not be deemed to include any emergency or temporary employee. In the event any privately operated nonsectarian school and any teacher therein request the Board of Trustees to permit such school as employer and such

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teacher therein to make contributions as herein defined to provide such retirement benefits for such private school teacher, the board shall permit such teacher to come under the operation of this Chapter as a `teacher', but the State shall make no contributions on account of such private school teacher. New section. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 6, 1956. PRIVATE SCHOOLSCERTIFICATES OF SAFETY (FIRE HAZARDS). No. 16 (Senate Bill No. 8). An Act to prohibit the operation of any private school without a certificate from the State Fire Marshal that its buildings do not constitute a fire hazard; to declare the maintenance or operation of any school without such certificate a nuisance; to provide for the enforcement of this Act; to prescribe penalties for its violation; 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 no private school shall be operated within this State unless the person, group of persons or corporation operating the same or in charge thereof shall first obtain during the month of July of each year a certificate of the State Fire Marshal that the building or buildings in which such school is conducted have been inspected by him and do not constitute a fire hazard, which certificate it shall be the duty of the State Fire Marshal to issue after inspection if the facts so authorize. Certificate of safety. Section 2. That any person, group of persons or corporation

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operating any school without such certificate shall be guilty of a misdemeanor, and shall on conviction be punished as provided by law; and each day's maintenance or operation of any school without such certificate shall constitute a nuisance which may be abated as such by the superior court of the county in which the same is situated upon petition therefor filed in the name of the State by the Attorney-General. Violation. Section 3. That all laws and parts of laws in conflict with the foregoing be and the same are hereby repealed. Approved February 6, 1956. SEEDS AND PLANTSCERTIFICATES. No. 17 (House Bill No. 104). An Act declaring the intent of the General Assembly to establish as a policy of the State a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits; to define for purposes of this Act the words seed, plant, variety, foundation seed, registered seed, and certified seed; to authorize officials of the College of Agriculture of the University of Georgia to provide for seed, plant and variety certification and labeling and to designate the Georgia Crop Improvement Association, Inc., as certifying agents if in good standing with International Crop Improvement Association; to provide that said College of Agriculture shall not be held responsible for any claim, debt, obligation nor damage of any kind in certifying work or in work of the certifying agent; to provide penalties for violation of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. That for purposes of this Act

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and rules and regulations pursuant hereto, the following terms shall mean: The term seed as used in this Act refers to the true seeds of all field crops, vegetables, flowers, trees or other plants. The term plant is meant to include seedling, nursery stock, roots, tubers, bulbs, cuttings, and other parts used in the propagation of field crops, vegetables, fruits, flowers, trees or other plants. Definitions. The term variety carries its original meaning and includes strains of varieties which are sufficiently different from the parent variety to justify special designation. Foundation seed shall be the progeny of breeder's seed (or in special cases the progeny of foundation seed) so handled as to most nearly maintain specific genetic purity and identity as designated by the official seed-certifying agency. Foundation seed may be produced only by or under the direct supervision of an approved agronomist or institution: a. On its headquarters farm b. On a farm organized as a branch of such head-quarters farm with a qualified plant breeder in charge of such production, or c. On a farm operating under contractual agreement with and under the direct supervision of the originating or sponsoring plant breeder or institution for the production of foundation seed. Foundation seed shall be the source of registered seed (or in special cases certified seed). Registered seed shall be the progeny of foundation seed. Registered seed shall be so handled as to maintain satisfactory genetic purity and identity as designated by

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the official seed certifying agency. Registered seed shall be produced under the general supervision of an approved agronomist and under the regulations of the official seed certifying agency. Certified seed is the progeny of foundation, registered (or in special cases certified) see, that is so produced and handled as to maintain satisfactory genetic purity and identity as approved and certified by the official seed certifying agency. Section 2. Purposes. That the General Assembly of Georgia declares that for the purpose of fostering improved agricultural methods, for promoting advances in agricultural fields, to give legal status to an existing practice and for the general welfare of the people it is necessary to establish as a policy of the State a method for protection of the public in the guarantee of high quality of seeds and plants for various agricultural pursuits and that it is the intent of this body to carry out that policy by this Act, protecting the public from false claims and unwarranted statements as to genetic identity, varietal purity and germinating viability of seeds and plants presented and claimed to be foundation, registered and/or certified. Section 3. Certifying agency. That in order to execute this stated policy the head of the College of Agriculture of the University of Georgia are authorized to provide for seed, plant and variety certification and labeling and shall designate the Georgia Crop Improvement Association, Inc., as certifying agency, provided said Georgia Crop Improvement Association, Inc., is in good standing with the International Crop Improvement Association and provided that said College of Agriculture shall not be held responsible for any claim, debt, obligation nor damage of any kind to any person in conducting certification work or in the work of the certifying agent. Certifying agency. Section 4. Penalties. It shall be a misdemeanor, punishable

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by fine or imprisonment, in the discretion of the court, for any person, firm, association, or corporation, selling seeds or plants in Georgia to use any evidence of certification, such as specially designed tags or any tag similar thereto, or the word certified, or both, on any package of seeds or plants unless such seeds or plants shall have been duly inspected and certified as provided for in this Act, or by a similar legally constituted agency of another State or foreign country. The duty of enforcing the provisions of this Act as described in this section shall be vested in the Commissioner of Agriculture. Penalties. Section 5. Any laws or parts of laws in conflict herewith are hereby repealed. Approved February 6, 1956. UNIFORM NARCOTIC DRUG ACT AMENDED. No. 18 (House Bill No. 47). An Act to amend an Act known as the Uniform Narcotic Drug Act, approved March 24, 1935 (Ga. L. 1935, p. 418), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 352), and an Act approved February 15, 1952 (Ga. L. 1952, p. 324), so as to provide for oral prescriptions for certain narcotic drugs, compounds thereof and derivatives thereof, under certain conditions; 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 known as the Uniform Narcotic Drug Act, approved March 24, 1935 (Ga. L. 1935, p. 418), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 352), and an Act approved February 15, 1952 (Ga. L. 1952, p. 324), is hereby

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amended by striking Paragraph (a) of Section 6 in its entirety, and inserting in lieu thereof a new Paragraph (a) in Section 6, to read as follows: (a) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon the written prescription of a physician, dentist or veterinarian, which prescription must be dated and signed by the person prescribing on the day when issued, and bear the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, and the full name, address and registry number under the Federal narcotic laws of the person prescribing, if he is required by those laws to be so registered. If the prescription be for an animal, it shall state the species of animal for which the drug is prescribed. Written prescriptions. An apothecary, in good faith, may sell and dispense narcotic drugs, compounds thereof or derivatives thereof which have little or no addiction liability, upon an oral prescription. Only those narcotic drugs, compounds thereof and derivatives thereof which have been determined by rule and regulation of the United States Commissioner of Narcotics and the Georgia State Board of Pharmacy to have little or no addiction liability may be sold and dispensed under an oral prescription. An oral prescription shall be promptly reduced to writing, and shall contain all the information required hereinbefore to be placed on a written prescription, except for the written signature of the prescriber. Oral prescriptions. The person filling any prescription as provided herein shall write the date of filling and his own signature on the face of the prescription. Such prescription shall be retained on file by the proprietor of the pharmacy in which it is filled, for a period of two (2) years, so as to be readily accessible for inspection by any person lawfully engaged in the enforcement of this Act. Neither a written nor an oral prescription shall be refilled. Filing. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1956.

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EGG MARKETING ACT AMENDED. No. 19 (House Bill No. 91). An Act to amend an Act regulating the marketing of eggs, approved March 26, 1935 (Ga. L. 1935, p. 364), as amended by an Act approved March 8, 1937 (Ga. L. 1937, p. 639), and an Act approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 49), so as to change the weight and size classification of eggs; to provide for weight and size tolerance; to provide for the licensing of egg candlers and graders; to provide for the qualifications of candlers and graders; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the marketing of eggs, approved March 26, 1935 (Ga. L. 1935, p. 364), as amended by an Act approved March 8, 1937 (Ga. L. 1937, p. 639), and an Act approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 49), is hereby amended by striking from Section 1 Paragraph (d) in its entirety, and in lieu thereof, inserting a new Paragraph (d), to read as follows: Sec. 1 amended. (d). All eggs sold or offered for sale by dealers, as designated by this Act, shall be graded as to net weight and standards of quality. The size or weight classes shall be: Size or weight Classes Minimum Net Wt. Per Doz. Min. Net Wt. for Indv. Eggs at Rate Per Doz. Min. Net Wt. Per 30 Doz. Ounces Ounces Pounds Size or weight classes. Jumbo 30 29 56 Extra Large 27 26 50 Large 24 23 45 Medium 21 20 39 Small 18 17 34 Pee Wee 15 14

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The weight tolerance, per dozen, where eggs are sold at retail, shall be not more than two eggs of the minimum net weight for individual eggs at rate per dozen. Not more than five percent (5) tolerance of the minimum net weight for individual eggs at rate per dozen shall be allowed where eggs are sold in wholesale lots. Section 2. Said Act, as amended, is further amended, is further amended by adding a new section, to be numbered Section 11B, to read: Section 11B. Each candler and grader of eggs offered for sale shall obtain at no cost a license from the Department of Agriculture, after demonstrating to the satisfaction of the Department his capability and qualifications as an egg candler and grader. The Commissioner of Agriculture is hereby authorized to establish by rule and regulation the minimum qualifications for egg candlers and graders. With the approval of the Commissioner of Agriculture, any person may candle and grade eggs not to exceed fourteen (14) days pending licensing by the Department, provided that during this period, the employer of such temporary candler and grader shall be accountable for the actions of such candler and grader while acting in such capacity. License of candlers and graders. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 7, 1956. DISPOSAL OF PUBLIC RECREATION FACILITIES. No. 20 (Senate Bill No. 5). An Act to authorize the State, or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of

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any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for recreational or park purposes, or which has been dedicated to such a use by any private person or corporation and later acquired by the State, or any county, municipal corporation or other political subdivision thereof; to define the terms, conditions, and method of such disposal; to define what official shall have such right of disposal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any general or local law to the contrary notwithstanding, the State or any municipal corporation, county or other political subdivision thereof, shall have authority to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for recreational or park purposes, or has been dedicated to a public use for recreational or park purposes by a private citizen, corporation, or association, and thereafter acquired by the State, county, city, or other political subdivision thereof, without regard to whether said public use has been previously abandoned, or that said property has become unsuitable or inadequate for the purpose for which originally dedicated, said disposition to be on such terms and conditions as may be deemed desirable or necessary. Provided, however, that any lease under this Act shall be for a period not to exceed 5 years. Disposal. Section 2. Such sale, lease, grant or disposal shall be in the discretion of, and executed by: a. The Governor, as to State property. b. The county commissioners, or ordinary, or other governing authority, as the case may be, as to county property. By whom.

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c. The mayor and council, or other governing authority, as to property of a municipal corporation. Section 3. Any sale, lease, grant, exchange or other disposal of any property under the provisions of this Act shall be made only after advertising such sale in the newspaper in which sheriff's advertisements are published for the county in which the land to be disposed of lies, once a week for four weeks. Such advertisements shall describe the property, shall state the manner of disposition to be made, shall specify the time and place of such disposition, and shall state that same will be made to the highest bidder. In the event the property to be sold shall lie in more than one county, such advertisement shall be run once a week for four weeks in the newspapers in which sheriff's advertisements are published for all such counties. All sales and other dispositions made under the provisions of this Act shall be made to the highest and best bidder for cash after advertisement as herein provided. Provided, however, that the selling or disposing authority shall have the right to reject all bids in the event the high bid shall prove unsatisfactory for any reason, and said property shall then be readvertised and disposed of under the provisions above set out. All State property required to be advertised under this bill shall also be advertised in two additional newspapers of general circulation in this State. Procedure. Section 4. Nothing herein shall be construed as impairing the obligation of any contract provision, whether by way of reversionary clause or otherwise. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1956.

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PRACTICE OF DENTISTRY. Code 84-702 Amended. No. 21 (Hous Bill No. 298). An Act to amend Code Section 84-702, relating to the Board of Dental Examiners of Georgia, as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1367), so as to provide that the Board of Dental Examiners shall be authorized to enjoin any person, firm or corporation engaging in or practicing any act being a part of the professional practice of dentistry without being registered or licensed by the board; to provide that unlicensed or unregistered persons activities shall be a menace to the public health and a nuisance dangerous to the public; to establish the venue of such proceedings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-702, relating to the Board of Dental Examiners of Georgia, as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1367) is hereby amended by adding at the end thereof a new paragraph to read: The Board of Dental Examiners of Georgia herein created may bring an equitable proceeding to enjoin by writ of injunction any person, firm or corporation, who without being licensed or registered to do so by said Examining Board engages in or practices in the profession of dentistry herein regulated. The proceeding shall be filed in the county in which such person resides or in the case of a firm or corporation, where said firm or corporation maintains its principal office, and unless it shall be made to appear that such person, firm or corporation so engaging or practicing dentistry is licensed or registered the writ of injunction shall be issued and such person, firm or corporation perpetually enjoined from

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said activities throughout the State. It shall not be necessary in order to obtain the equitable relief herein provided for the Board of Dental Examiners to allege and prove there is no adequate remedy at law. It is hereby declared that such unlicensed activities are a menace and a nuisance dangerous to the public health, safety and welfare. so that Code Section 84-702 as so amended shall read: Code 84-702 amended. 84-702. A board to be known as the Board of Dental Examiners of Georgia is hereby created. Said board shall consist of seven members to be appointed and commissioned by the Governor as follows: The Georgia Dental Association shall, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term, and from each group of four dentists so nominated the Governor shall appoint one to said board to serve five years and until his successor is appointed. The terms of the members of the board shall be for a period of five years. In the case of a vacancy by death or resignation of a member or increase in the legal size of said board, each vacant place shall be filled by appointment of the Governor from a group of four dentists selected by the president of the Georgia Dental Association for each vacancy: Provided, however, that no one shall be eligible as a member of said board unless he shall be a citizen of the State of Georgia and shall have lawfully engaged in the practice of dentistry for five or more years at the time of his appointment and shall not be financially interested in, nor connected with, any dental college. The Board of Dental Examiners of Georgia herein created may bring an equitable proceeding to enjoin by writ of injunction any person, firm or corporation, who without being licensed or registered to do so by said Examining Board engages in or practices in the profession of dentistry herein regulated. The proceeding shall be filed in the county in which such person resides or in the case of a firm or corporation, where said firm or corporation maintains its principal office, and unless it

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shall be made to appear that such person, firm or corporation so engaging or practicing dentistry is licensed or registered the writ of injunction shall be issued and such person, firm or corporation perpetually enjoined from said activities throughout the State. It shall not be necessary in order to obtain the equitable relief herein provided for the Board of Dental Examiners to allege and prove there is no adequate remedy at law. It is hereby declared that such unlicensed activities are a menace and a nuisance dangerous to the public health, safety and welfare. Unlicensed practice: injunction. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1956. STATEWIDE PROBATION ACT. No. 22 (House Bill No. 35). An Act to create a Statewide Probation System; to provide that this Act shall be known as the Statewide Probation Act, to create a State Board of Probation, to provide for the administration of said Act, and compensation to its administrators; to create the office of Chief Probation Supervisor; to provide for Circuit Probation Officers; to provide for powers, duties and compensation; to provide for courts placing defendants upon probation; to provide the procedure therefor; to provide for the investigation of cases by probation officers; to provide the terms and conditions of probation; to provide for modification and revocation of probation; to provide for exceptions; to make provisions for persons receiving suspended sentences being on probation in cases of abandonment and bastardy; to make provisions relative to existing probation systems; to provide for the supervision of juvenile offenders in certain counties; to provide for State and

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local departments and agencies to cooperate with the probation officials; to provide for office space and clerical help; to provide for confidential reports, files, records and papers; to provide for liberal construction; to provide for the repeal of certain designated statutes relating to probation; to provide for severability; to provide the procedure relative to the date when this Act shall become effective and the date persons shall be placed on probation as provided in this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as and may be cited as the Statewide Probation Act. Title. Section 2. There is hereby created a statewide probation system to be administered by a State Board of Probation. Such Board of Probation shall be composed of the members of the State Board of Pardons and Paroles, acting in ex-officio capacity. Such probation system shall not be administered as part of the duties and activities of the Board of Pardons and. Paroles, and separate files and records shall be kept with relation to such system. Each member of said Board of Probation shall be paid a salary of $1,400,00 annually, payable in semi-monthly installments, plus travel expenses. A majority of the Board of Probation shall constitute a quorum for the transaction of all business except as hereinafter provided. Board of Probation Section 3. There is hereby created the office of Chief Probation Supervisor, who shall be in charge of the probation system, subject only to the supervision of the State Board of Probation. He shall be appointed by and serve at the pleasure of the board. His compensation shall be fixed by the board in an amount not less than $5,000.00 nor more than $7,500.00 per annum. Any person, in order to hold the office of Chief Probation Supervisor, must be at least 25 years of age and must have completed a standard four-year college course with specialization in social studies or related subjects, and

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must have had at least one year of experience in the probation, parole, correctional, social welfare or educational fields or equivalent experience. He must have a general knowledge of modern probation methods and of the social problems involved. The qualifications provided herein are the minimum qualifications and the board is hereby authorized to prescribe such additional and higher qualifications from time to time as it deems desirable. Such officer shall also be allowed travel and other expenses the same as other State employees. Chief Probation Supervisor. Section 4. It shall be the duty of the Chief Probation Supervisor to supervise and direct the work of the Circuit Probation Officers hereinafter provided for, to keep accurate files and records on all probation cases and persons on probation, and to promulgate rules and regulations necessary to effectuate the purposes of this Act. The rules and regulations promulgated by the Chief Probation Supervisor shall be subject to the final approval of the State Board of Probation. Duties. Section 5. The State Board of Probation shall employ persons who shall be known as circuit probation officers. The board may assign one such officer to each judicial circuit in this State or, after consultation with the Chief Probation Supervisor, the board, for purposes of assignment, may consolidate two or more judicial circuits and assign one officer thereto. In the event the board, after consultation with the Chief Probation Supervisor, decides that more than one such officer is needed for a particular circuit, an additional officer or additional officers may be assigned to such circuit. The Chief Probation Supervisor is hereby authorized to direct any circuit probation officer to assist any other circuit probation officer wherever assigned. In the event more than one such officer is assigned to a particular judicial circuit, the Chief Probation Supervisor shall designate one of such officers to be in charge. In the appointment and assignment of such officers as provided in this section, the board shall give consideration to the recommendations of the judge or judges of the circuit to which the

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officer may be assigned. If the judge or a majority of the judges of the circuit or circuits shall be dissatisfied with the circuit's probation officer assigned to such circuit or circuits he or they may relieve such circuit probation officers from his duties in said circuit or circuits, in whch event he or they shall immediately recommend to the board that the probation officer be either discharged or reassigned to another circuit, giving his reasons and the board shall immediately either discharge or reassign such probation officer. Circuit probation officers. Section 6. In order for a person to hold the office of circuit probation officer, he must be at least 25 years of age, must have at least a high school education and must have a general knowledge of modern probation methods and of the social problems involved. The qualifications provided herein are the minimum qualifications and the board is hereby authorized to prescribe such additional and higher qualifications from time to time as it deems desirable. The compensation of the circuit probation officer shall be fixed by the State Board of Probation at not less than $3,600.00 nor more than $6,000.00 per annum. Such officers shall also be allowed travel and other expenses the same as other State employees. If a circuit probation officer shall be an attorney at law, he shall be prohibited from practicing law in any matter in which the probation system may be concerned while serving as circuit probation officer. Each circuit probation officer shall give bond in such amount, not less than $5,000.00, as may be fixed by the board, payable to the board for the use of the person or persons damaged by his misfeasance or malfeasance, and conditioned on the faithful performance of his duties, the cost of the bond to be paid by the board. Qualification, compensation etc. Section 7. The circuit probation officer shall supervise the probationers in the judicial circuit to which he is assigned. Each such officer shall perform the duties prescribed in this Act and such duties as are prescribed by the Chief Probation Supervisor and shall keep such records and files and make such reports as are required of him by the supervisor. Duties

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Section 8. Any court of this State which has original jurisdiction of criminal actions, except juvenile courts, municipal courts and courts of ordinary where the defendant in a criminal case has been found guilty upon verdict or plea, or who has been sentenced upon a plea of nolo contendere, except for an offense punishable by death or life imprisonment, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. Prior to such hearing, the court may refer the case to the circuit probation officer of the circuit in which such court is located for investigation and recommendation. The court, upon such reference, shall direct the officer to make an investigation and report to the court in writing at a specified time upon the circumstances of the offense and the criminal record, social history and present condition of the defendant, together with such officer's recommendation, and it shall be the duty of the officer to carry out the directive of the court. If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon such defendant but may stay and suspend the execution of such sentence or any portion thereof, and may place him upon probation under the supervision and control of the circuit probation officer for the duration of such probation. The period of probation shall not exceed the maximum sentence of confinement which could be imposed upon such defendant. The court may, in its discretion, require the payment of a fine or costs or both as a condition precedent to probation. During the interval between the conviction or plea and the hearing to determine the question of probation, the court may, in its discretion, either order the confinement of the defendant without bond or may permit his release on bond, which shall be conditioned on his appearance at the hearing and which shall be subject to the same rules as govern appearance bonds. Any time served in confinement

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shall be considered a part of the sentence of the defendant. Probation Section 9. It shall be the duty of the circuit probation officer to investigate all cases referred to him by the court and to make his findings and report thereon in writing to such court with his recommendation. He shall cause to be delivered to each person placed on probation under his supervision a certified copy of the terms of such probation and any change or modification thereof, and to cause such person to be instructed regarding same. He shall keep informed concerning the conduct, habits, associates, employment, recreation and whereabouts of such probationer by visits, by requiring reports or in other ways. He shall make such reports in writing or otherwise as the court may require. He shall use all practicable and proper methods to aid and encourage persons on probation and to bring about improvements in their conduct and condition. He shall keep records on each probationer referred to him. Investigations and reports. Section 10. The court shall determine the terms and conditions of probation and may provide that the probationer shall (1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation officer as directed; (4) Permit such officer to visit him at his home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense in an amount to be determined by the court; (8) Support his legal dependents to the best of his ability. Conditions of probation. The enumeration of specific kinds of terms and conditions shall not prohibit the court from adding thereto such other conditions as it considers proper. The court may rescind or modify at any time any of the terms or conditions therefore imposed by the court upon the probationer. Section 11. Upon the termination of the period of

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probation, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided however, the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he was previously sentenced. The court may at any time cause the probationer to appear before it to be admonished or commended, and when satisfied that its action would be for the best interests of justice and the welfare of society, may discharge the probationer from further supervision. Release from probation. Section 12. Whenever within the period of probation any probation officer believes that a probationer has violated his probation in a material respect, he may arrest such probationer without warrant, wherever found, and return him to the court granting such probation. Any officer authorized by law to issue warrants may issue a warrant upon the fact being made known to the court by affidavit of one having knowledge of such fact, for the arrest of the probationer, returnable forthwith before the court granting such probation. The court, upon the probationer being brought before it, may commit him or release him with or without bail to wait further hearing or it may dismiss the charge. If such charge is not at said time dismissed, the court as soon as may be practicable, shall give the probationer an opportunity to be fully heard on his own behalf, in person and by counsel. After such hearing the court may revoke, modify or continue the probation. If such probation is revoked, the court may order the execution of the sentence which was originally imposed, or any portion thereof, and no part of the time that the defendant has been on probation need be considered as any part of the time that he shall have been sentenced to serve. Violation of probation. Section 13. In all criminal cases in which the defendant shall be found guilty, or in which a plea of guilty or plea of nolo contendere shall be entered, and the trial

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judge after imposing sentence shall further provide that the execution of such sentence shall be suspended, such provision shall have the effect of placing such defendant on probation as provided in this Act. Suspended sentences. Section 14. Any other provision of this Act to the contrary notwithstanding, in all prosecutions for the offense of abandonment or bastardy where the defendant has been convicted either upon a trial or upon his plea and the court has placed the defendant on probation, the court may provide in such probation for suspended sentence terms providing for the support and maintenance of the child or children abandoned during its or their minority, or for the illegitimate child or children until it or they reach the age of 14, as the case may be, and the judge may further provide that the probation officer shall collect and disburse moneys as directed, including alimony for the support of the wife or child or children, or all, which may be awarded by such judge in any case or proceeding pending in such superior court. Abandonment, bastardy. Section 15. Except as provided hereinafter, any county probation system in existence on the effective date of this Act shall not be affected by the passage of this Act, regardless of whether the law under which such system exists is specifically repealed by this Act. The personnel of such system shall continue to be appointed and employed under the same procedure as used prior to the effective date of this Act, and such system shall be financed under the same method as it was financed prior to the effective date of this Act. Provided, however, the substantive provisions of this Act relative to probation shall be followed, and to this end any probation officer of such system shall be deemed to be the same as a circuit probation officer, with the circuit probation officer assigned by the State Board of Probation serving in a liaison capacity between such county probation system and the State Board of Probation. Existing probation systems. Section 16. Juvenile offenders, upon direction of the court, shall be supervised by circuit probation officers

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in those counties where no juvenile probation system exists. Other than in this respect, nothing in this Act shall be construed to change or modify any law relative to probation as administered by any juvenile court in this State. Juvenile offenders. Section 17. All State and local departments, agencies, boards, bureaus, commissions and committees shall co-operate with the probation officials. Section 18. The State Board of Probation may provide office space and clerical help wherever needed. The counties of this State shall cooperate in this respect and wherever possible shall furnish office space if needed. Office space, personnel. Section 19. All reports, files, records and papers of whatever kind relative to the statewide probation system are hereby declared to be confidential, and shall be available only to the probation system officials and to the judge handling a particular case. They shall not be subject to process of subpoena. Records. Section 20. This Act shall be liberally construed so that its purposes may be achieved. Section 21. Section 27-2702 of the Code, as amended, relating to the power of courts to place offenders on probation; Section 27-2703 of the Code, relating to probation officer, volunteers and assistants; Section 27-2704 of the Code, relating to duties of county probation officers; Section 27-2705 of the Code, relating to delinquent probationers and revocation of order of court; Section 27-2706 of the Code, relating to suspension of sentence, effect and exceptions; Section 1 (a) of an Act approved August 16, 1913 (Ga. L. 1913, p. 112) which Section 1 (a) was added by an Act approved March 27, 1941 (Ga. L. 1941, p. 481) and is codified in the Annotated Code as Section 27-2707, relating to suspension of sentence in abandonment or bastardy prosecution and the duties of the county probation officer; are hereby repealed in their entirety. Code sections repealed.

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Section 22. If any clause, sentence, paragraph, section or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional, invalid or void, such judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. If part unconstitutional. Section 23. In order that the State Board of Probation may begin the establishment of the statewide probation system as provided in this Act, officials and employees be employed, and administrative details accomplished, this Act shall become effective immediately upon its passage and approval by the Governor or its otherwise becoming a law, but probation shall be carried on just as it was prior to the passage of this Act until and including June 30, 1956, and the statutes specifically repealed herein shall remain effective until and including such date, and persons shall not be placed on probation as provided in this Act until July 1, 1956. Effective date. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1956. PRACTICE OF NATUROPATHY. No. 24 (House Bill No. 121). An Act to repeal an Act creating the Georgia Board of Naturopathic Examiners, approved February 15, 1950 (Ga. L. 1950, p. 168), to define naturopathy; to provide that any one practicing naturopathy in violation of this Act shall be guilty of a misdemeanor; to provide that this Act shall not apply to certain persons; to repeal all conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Board of Naturopathic Examiners, approved February 15, 1950 (Ga. L. 1950, p. 168) is hereby repealed. Act of 1950 repealed. Section 2. For the purpose of this Act, naturopathy and natureopathy shall be construed as synonymous terms, and the practice of naturopathy or natureopathy, is hereby defined as that philosophy and system of the healing art embracing prevention, diagnosis, and treatment of human ills and functions by the use of several properties of air, light, heat, cold, water, manipulation, with the use of such substances, nutritional as are naturally found in and required by the body, excluding drugs, surgery, x-ray, and radium therapy, and the use of x-ray equipment. Practices of naturopathy. Section 3. It shall be unlawful for any person to practice naturopathy in this State in violation of the provisions of this Act, and upon conviction, such person shall be guilty of and punished for a misdemeanor as provided by the law of this State. Violations. Section 4. The provisions of this Act shall not apply to any person who is licensed to practice the healing arts under any other law of this State if the law under which such person is licensed, authorizes the practice of naturopathy. Section 5. All laws in conflict with the provisions of this Act are hereby repealed. Approved February 10, 1956.

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MARION SUPERIOR COURT TERMS. No. 27 (House Bill No. 40). An Act to provide for the terms of court of the Superior Court of Marion County; to provide the procedure connected therewith; to repeal all 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, the terms of court of the Superior Court of Marion County shall be on the fourth Mondays in the months of April and October. Section 2. All business, cases, pleadings, processes, and all matters of whatever kind or nature which are now pending for the February, 1956, term of the Superior Court of Marion County, are hereby transferred and assigned to the April, 1956, term of said court. Section 3. All laws in conflict with the provisions of this Act are hereby repealed. Approved February 10, 1956. STATE FLAG. No. 29 (Senate Bill No. 98). An Act to amend an Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), so as to change the description of the flag of the State of Georgia; to provide a custodian for the flag and for distribution thereof; 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 known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), is hereby amended by striking from Section 90 in Article XII the words 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, and inserting in lieu thereof the following: the remainder of the space to be a square of two thirds the length of the flag, having the ground red; thereon a broad saltier of blue, bordered with white, and emblazoned with white mullets or five pointed stars, thirteen in number, corresponding in number to that of the Confederate States of America as recognized by the Confederate States Congress, so that the said remainder shall be the same as the Union of the flag of the Confederate States as approved and cited in Statutes at Large of the Confederate States Congress, 1st and 2nd Sessions, 1862-3-4, and approved May 1, 1863, such remainder being popularly known as The Battle Flag of the Confederacy so that when so amended, Section 90 shall read as follows: Sec. 90, Act of 1955 amended. 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 to be a quare of two-thirds the length of the flag, having the ground red; thereon a broad saltier of blue, bordered with white, emblazoned with white mullets or five pointed stars, thirteen in number, corresponding in number to that of the Confederate States of America as recognized by the Confederate States of America as recognized by the Confederate States Congress, so that the said remainder shall be the same as the Union of the flag of the Confederate States as approved and cited in Statutes at Large of the Confederate States Congress, 1st and 2nd Sessions, 1862-3-4, and approved May 1, 1863, such remainder being popularly known as The Battle Flag of the Confederacy. 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. Flag.

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Section 2. An Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), is hereby amended by inserting therein a new section to be known as Section 91 (a) which shall read as follows: Section 91 (a). Designation for custodian and arrangement for distribution. The Secretary of State is hereby designated as the custodian of the State flag and shall procure from moneys made available by the Budget Commission for such purposes, suitable flags for distribution to State Departments, schools and agencies at actual cost. From such funds, he is authorized also to procure such flags, and facsimiles thereof, as may cause such flag to be sufficiently and properly made known and displayed. Custodian, distribution. Section 3. This Act shall become effective July 1, 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. WEBSTER SUPERIOR COURTTERMS. No. 31 (House Bill No. 126). An Act to provide for the terms of court of the Webster County Superior Court; 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, the terms of the Webster County Superior Court shall be twice a year, on the fourth Monday in January and on the fourth Monday in July. Terms.

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Section 2. All business, cases, pleadings, processes, and all matters of whatever kind of nature which are now pending for the April 1956 term of the Webster County Superior Court, are hereby transferred and assigned to the July 1956 term of said court. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Webster County. This is to certify that the attached legal notice regarding proposal to introduce legislation to change terms of court sessions in Webster County, has been published in The Stewart-Webster Journal, Richland, Georgia, the official organ for the County of Webster, the required number of times before being introduced in the House of Representatives of the General Assembly. Publication dates being December 8, 15, 22, and 29, 1955. /s/ Byron C. Anglin, Associate Editor, Stewart-Webster Journal Sworn to and subscribed before me this, Jan. 14, 1956. /s/ W. N. Fussell, Ordinary. Legal Notice of Proposed Legislation. Georgia, Webster County: According to the laws of Georgia governing the publication of intention to introduce local legislation, notice is hereby given that at the 1956 session of the Georgia legislature, which convenes at the State Capitol on the second Monday in January, 1956, legislation will be introduced to change the terms of court of Webster County Superior Court, from the present schedule (which is the first Monday in April and October) to terms which will

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convene on the fourth Monday in January and the fourth Monday in July, each year. This December 1, 1955. J. Lucius Black, Representative. Webster County, Georgia. 4t. Approved February 13, 1956. HOG CHOLERA VIRUSINTERSTATE SHIPMENTS. No. 36 (Senate Bill No. 22). An Act to amend an Act entitled An Act to prevent the spread of hog cholera; to describe 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. L. 1939, p. 327), as amended, particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 608), so as to provide for the storage, shipment and possession of hog chlorea virus in this State for interstate shipment; 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 describe 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. L. 1939, p. 327), as amended, particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 608), is hereby amended by adding at the end of Section 2 the following: Provided further, however, that the provisions of this Section shall not apply to the possession, shipment or storage of virus in this State for interstate shipment. so that Section 2, as so amended shall read: Acts amended.

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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. Provided further, however, that the provisions of this section shall not apply to the possession, shipment or storage of virus in this State for interstate shipment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. MARRIAGE LICENSES. Code 53-201 Amended No. 37 (House Bill No. 183). An Act to amend Code Section 53-201, relating to the granting of marriage licenses, so as to specify the persons who are authorized to grant such licenses; to provide the time of granting such licenses by the ordinary or his clerk; to provide a penalty for violation; 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 53-201, relating to the granting of marriage licenses, is hereby amended by striking such section in its entirety and in lieu thereof inserting the following: 53-201. Marriage licenses shall be granted only by the ordinary, or his clerk at the county courthouse, or by the ordinary at his legal residence; only between the hours of 8 A. M., and 12 P. M., or by a clerk at such clerk's residence, provided such residence is within the militia district of the county seat. Such license shall be issued in the county where the female to be married resides if she is a resident of this State, and in the county in which the ceremony is to be performed, if the female to be married be a non resident of this State. The license shall be directed to any judge, justice of the peace, or minister of the gospel, authorizing the marriage of the persons therein named and requiring such judge, justice of the peace, or minister of the gospel to return the said license to the ordinary, with the certificate thereon as to the fact and date of the marriage, within thirty (30) days after the date of said marriage, which license, with the return thereon shall be recorded by the ordinary in a book kept by him for that purpose. Any other provision of this section or any other law to the contrary notwithstanding, the ordinary of any county which has within its boundaries a municipality that has a population according to the 1950, or any future United States census, greater than that of the county seat of such county, is hereby authorized to appoint a clerk for the purpose of granting marriage licenses in such municipality, at an office designated by the ordinary. Such license shall be issued only between the hours prescribed herein. Code 53-201 amended. Section 2. If any ordinary or clerk grants a marriage license in violation of the provisions of the first sentence of Code Section 53-201, such ordinary or clerk, as the case may be, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations. Section 3. In the event any part of this Act, or Code Section 53-201 is declared unconstitutional by a court of

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competent jurisdiction, such declaration shall not affect any other part of this Act, or of Code Section 53-201 and the same shall remain of full force and effect as if enacted without such unconstitutional part. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1956. FARMERS' MARKETS LEASES. No. 39 (Senate Bill No. 26). An Act to amend an Act to provide for and authorize the Commissioner of Agriculture to establish farmers' markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets, approved February 25, 1935, (Ga. L. 1935, p. 369), so as to authorize the Commissioner of Agriculture to enter into contracts for the leasing of space at farmers' markets; to prescribe a procedure connected therewith; to provide for the termination of such contracts; to provide for the venue of actions resulting from the termination of such contracts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for and authorize the Commissioner of Agriculture to establish farmers' markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets, approved February 25, 1935 (Ga. L. 1935, p. 369), is hereby amended by adding a new section to be numbered 4A and to read: Section 4A. To assure the liquidation of the costs incurred in the installation of facilities upon space at the

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farmers' markets, the Commissioner of Agriculture is hereby authorized to enter into contracts whereby a person who has installed facilities upon space at the farmers' markets may lease such space as necessary for the operation of the facilities installed for a term of not to exceed ten years. Such contract or lease, or both, shall contain provisions for the termination of such contract or lease, or both, upon the breach of the conditions therein or upon the failure to comply with the rules and regulations promulgated by the Commissioner. The venue of any action resulting from the termination of such a lease or contract, or both, shall be in Fulton County or the county of the residence of the Commissioner of Agriculture. Leases. Actions on. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. BOARD OF COMMISSIONERS, DEPARTMENT OF COMMERCE. No. 42 (Senate Bill No. 9). An Act to amend an Act creating the Department of Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended by an Act approved February 15, 1950 (Ga. L. 1950, p. 182), so as to provide for the compensation of the Secretary of the Board of Commissioners of the Department of Commerce, and to create the office of Assistant Secretary; 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 Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended by an Act approved February 15, 1950 (Ga. L. 1950, p. 182), is hereby amended by striking from

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Section 12 the words, which shall be left to the discretion of the Governor and the Board of Commissioners, and inserting in lieu thereof the words and figure, of ten thousand dollars ($10,000.00), so that when so amended, Section 12 shall read as follows: Section 12. The secretary shall be paid an annual salary of ten thousand dollars ($10,000.00), and shall, in addition, be entitled upon approval by the board to receive from the State his reasonable expense for travel on the business of the board within and without the State of Georgia. Secretary's compensation. Section 2. Said Act, as amended, is further amended by adding a new section, to be known as Section 12(a), to read as follows: Section 12(a). There is hereby created the office of Assistant Secretary of the Board of Commissioners of the Department of Commerce. The assistant secretary shall be appointed by the Governor and shall serve at the pleasure of the Governor. He shall be paid an annual salary of seven thousand dollars ($7,000.00), and shall, in addition, be entitled upon approval by the board to receive from the State his reasonable expenses for travel on the business of the board within and without the State of Georgia. He shall assist the secretary in the performance of his duties and shall be under the supervision of the secretary. Assistant secretary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956.

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PEN-RAISED QUAIL FOR COMMERCIAL PURPOSES. No. 45 (Senate Bill No. 20). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission and game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483) so as to permit the breeding of pen-raised quail for commercial purposes; to define pen-raised quail; to provide for the regulation of breeding pen-raised qual by the Georgia Game and Fish Commission; to provide for the licensing of breeders of pen-raised quail; to provide the procedure for stamping carcasses of quail; to provide that an invoice shall be issued by the licensed breeder and shall be attached to each package shipped; to provide that the invoice shall be kept attached to such package until the quail are prepared for consumption; to provide that any person other than a retail vendor shall make a copy of the original invoice upon the resale of any such quail; to provide for the retention of records concerning the sale of such quail; to provide for the inspection of such records; to provide that persons shipping quail into this State shall be subject to the provisions of this Act; to provide for penalties; to provide that certain provisions of the above Act, which relate to transportation, storage, and propagation permits, shall have no application to the breeding of quail for commercial purposes as provided by this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission and game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), is hereby amended by renumbering Section 120, the repealer section, as Section 121 and by adding a new section to be numbered Section 120 and to read as follows: Act of 1955 amended.

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Breeding and Sale of Pen-Raised Quail. Section 120. (a) Any person, firm or corporation may engage in the business of propagating pen-raised quail, commonly known as bobwhite quail, for re-stocking, propagation and other commercial purposes by complying with the provisions of this law, and may thereafter sell either live quail or the carcasses of such pen-raised quail for any purpose, including sale for food, either within or without this State. (b) A pen-raised quail is a quail that has been hatched from an egg laid by a quail confined in a pen or coop and has itself been wholly raised in a pen or coop by a duly licensed quail breeder holding a permit as provided by law from the Game and Fish Commission. (c) A commercial quail breeder's license must first be obtained from the Game and Fish Commission, or its agents, and said license shall be applied for within one year after the passage of this Act, and each year thereafter, and shall be valid from April 1st to March 31st next following, upon payment of twenty-five ($25.00) dollars for each such license. Such license must bear a number as designated by the Game and Fish Commission, and shall be conspicuously exhibited at all times at the place where said quail are bred. (d) Before any sale may be made of the carcass of any bobwhite quail, the holder of a commercial quail breeder's license shall obtain and keep a rubber stamp on which there shall be affixed the name and address of the licensee and the year and number of his license, as follows: Georgia Game and Fish Commission Commercial Quail Breeder's License, No......for 19....., issued to.....of....., Ga. and said words thusly to be affixed to said rubber stamp shall be uniformly abbreviated, in order to facilitate the

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plain impression, by use of harmless ink, of said stamp upon the carcass of each quail, as prescribed by the Game and Fish Commission in its certificate, attached to the game breeder's license and issued simultaneously with the sale of such license, which certificate, when duly detached from said license, and delivered shall be the sole and exclusive authorization for any person, firm or corporation to manufacture or produce one or more rubber stamps for the breeder named in such license. It shall be unlawful for any person, firm or corporation to manufacture or sell any such stamp without such authorization certificate, which certificate shall be kept on file by such person, firm or corporation manufacturing such stamp or stamps for a period of four (4) full years, and each such stamp shall bear the name and address of the person, firm or corporation, by whom it was made. (e) Before the carcass of a dead pen-raised quail shall be sold, the holder of the commercial quail breeder's license shall plainly stamp and mark each such carcass sold with said rubber stamp. Any person selling or purchasing the carcass of a pen-raised quail not so stamped and marked shall be guilty of a violation of this law. All pen-raised quail offered for sale or sold for commercial purposes must be killed otherwise than by shooting with firearms. (f) Such pen-raised quail, when dressed and stamped as herein provided, when delivered into the hands and possession of the purchaser, his agent or common carrier, or into the hands of a donee, and prior to leaving the place of the licensed breeder by whatever method employed, shall have firmly and substantially attached to the package an invoice signed by such licensed breeder, or his agent, stating the number of the license, the number of quail contained in said package and the name and address of the purchaser, consignee, or donee. Such invoice shall authorize transportation within this State, possession and use for thirty (30) days after its date, and shall be substantially in the following form:

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Name of licensed breeder. Number of breeder's license, Date..... of..... 19...... Kind and number of quail...... Name of consignee....., Address of consignee...... This authorizes transportation within this State, possession and sale for thir- ty (30) days after date if attached to package. By:.....(Breeder) ..... (Agent) (g) When any such package contemplated by Paragraph (b) of this section, containing a shipment of quail carcasses for which an invoice is required, is to be shipped by rail, express or other carrier, public or private, the invoice shall be securely attached thereto or to the package containing the same in plain sight, and the same may then be lawfully carried and delivered within this State to the consignee named in such invoice. (h) If such package or shipment of quail carcasses is kept in storage in any hotel, restaurant, cafe or boarding house, or elsewhere, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption. (i) In case of the resale or disposition of such quail or any part thereof by any person other than a retail vendor, he shall at such time make an exact copy of such original invoice and endorse thereon the data of his sale, the number of quail carcasses so disposed of and the name of the purchaser, and sign and deliver the same to the purchaser or donee, who shall keep it attached as aforesaid until the quail are prepared for consumption, and the same shall have the same force and effect as the original invoice. (j) Each person, firm or corporation, holding a commercial

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quail breeder's license shall keep permanent records in a suitable, permanently bound book of all birds carcasses sold, to whom sold, the date of the sale, the address of the vendee or consignee and the number of carcasses sold, which said record, as well as the premises of such licensed breeder, shall be subject to examination and inspection by any agent of the Game and Fish Commission or peace officer, without the issuance of any warrant upon displaying his credentials of authority to such breeder. (k) Any person, firm or corporation shipping quail into this State shall be subject to the provisions of this section. (l) Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. (m) Section 32 of this Act relating to scientific and propagation permits, Sections 45, 46, 47, 48 and 49, relating to transportation of game, and Section 70, relating to storage of game, shall not apply to the raising, possession, sale, storage or transportation of pen-raised quail as provided for in this section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. VENDING STAND OPERATION BY DISABLED PERSONS No. 46 (House Bill No. 128). An Act to authorize the operation of vending stands in State buildings by blind or otherwise seriously disabled persons; to enlarge the economic opportunities

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of such seriously disabled persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That for the purpose of providing blind or otherwise seriously disabled persons with remunerative employment, enlarging their economic opportunities and stimulating them to greater efforts in striving to make themselves self-supporting, such blind or otherwise seriously disabled persons who are licensed by the Division of Vocational Rehabilitation of the State Department of Education, shall be authorized to operate vending stands on any State property where such vending stands may be properly and satisfactorily operated by blind or otherwise seriously disabled persons. In authorizing the operation of vending stands on State property, preference shall be given, so far as feasible, to blind or otherwise seriously disabled persons licensed by the Division of Vocational Rehabilitation of the State Department of Education as provided in this Act; and the head of each department or agency in control of the maintenance, operation, and protection of State property shall, after consultation with the Director of the Division of Vocational Rehabilitation of the State Department of Education, and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind or otherwise seriously disabled persons without unduly inconveniencing such departments and agencies or adversely affecting the interests of the State of Georgia. Vending stands. Section 2. To effectuate the purposes of this Act it is declared to be public policy of the State of Georgia that on any State property where the Director of Vocational Rehabilitation determines it to be feasible to establish a vending stand to be operated by a licensed operator as herein provided, and the agency or department or custodian of such property determines that such stand can

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be established without undue inconvenience to the operation being carried on in such State building or property, the preference herein accorded shall require that such vending stand site not be deemed available for letting to competitive bidders for revenue producing purposes, unless the Director of Vocational Rehabilitation declines to establish on said site a vending stand for blind or otherwise seriously disabled persons. The income to the agency controlling the space for such stand sites shall generally not be expected to exceed re-imbursement for the cost of providing such stand site space and the services connected therewith, but, in any case where such income exceeds those purposes, the same shall be paid into the general treasury of the State subject to certification and audit. Public policy. Section 3. The term vending stand shall mean refreshment counters operated by the blind or otherwise seriously disabled persons, but shall not include commercial restaurants, cafeterias, and similar establishments for the serving of meals. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. EMPLOYEES' RETIREMENT SYSTEM AMENDED. No. 49 (House Bill No. 15). An Act to amend an Act entitled An Act to establish an employees' retirement system, approved February 3, 1949, (Ga. L. 1949, p. 138), and as amended, so as to define for the purpose of this Act, a court of record; to provide for transfer of credits to the system; to establish and permit continuance of membership; to clarify conditions of eligibility for service credits; to limit the amount of certain creditable service; to provide

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for additional member contributions; to provide a means and procedure thereof for State employees to secure social security coverage; 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. The Act approved February 3, 1949 (Ga. L. 1949, p. 138) and as amended and particularly Section 1 is hereby amended by adding to Section 1 a new subsection to be known as Subsection 26 and to read as follows, to wit: (26) After the effective date of this Act, and without effect on creditable service and/or certificate of prior service previously determined by the board of trustees, a court of record for the purpose of this Act shall be limited and determined to mean the city courts, superior courts, court of appeal, and supreme court of this State handling within their jurisdiction general State laws exclusively. Court of record. Section 2. That Section 3, Subsection 4 of said act is amended by adding thereto a new paragraph to read as follows, to wit: Anything in this Act to the contrary notwithstanding, any member of the Solicitors-General Retirement Fund of Georgia who becomes an employee of an agency subject to the provisions of this Act without a break in service may exercise the privilege of transferring his credits to the Employees' Retirement System, provided application is filed with the board of trustees, and upon such transfer and the transfer of funds as provided in the Solicitors-General Retirement Fund Act shall be given all of the creditable service authorized otherwise by this Act. Transfer from solicitors-general retirement system. Section 3. That said Act is further amended by adding to Section 3 a new subsection to be known as Subsection 7 of Section 3, which shall read as follows:

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(7) Anything in this Act to the contrary notwithstanding, any individual drawing compensation for service rendered to the General Assembly who is in a capacity normally requiring actual performance of duties during the full twelve months of the calendar year, as reflected by the State Auditor's report, shall, as a condition of his employment, become a member of the retirement system. Any contributing member who, without a break in service, begins to draw compensation for services rendered for the General Assembly shall continue his membership while drawing such compensation. Contributions of members referred to in this subsection shall be deducted by the State Treasurer and remitted to the board of trustees, together with required employer contributions. The State Treasurer of Georgia is hereby authorized and directed to pay from the funds appropriated for the operation of the General Assembly of this State the employer contribution required by this subsection. The provisions of this subsection shall become effective immediately upon approval of this Act by the Governor so as to apply to the regular term, 1956, of the General Assembly and all subsequent terms of said General Assembly. Employees of General Assembly. Section 4. That Section 4, Paragraph 4, of said Act (Ga. L. 1953, p. 162) which refers to service with Armed Forces, is hereby amended by adding thereto a new subparagraph to be numbered Subparagraph (b) which shall read as follows: (b) The prior service and service in the Armed Forces of the United States, referred to in Section 4, Paragraph 4, shall be creditable to a member only if he is otherwise eligible for prior service credits. Service in Armed Forces. Section 5. That said Act is hereby amended by adding to Section 4 a new subsection to be known as Subsection (9) and to read as follows, to wit: (9) Anything in this Act to the contrary notwithstanding, for the purpose of this Act, wherever the term within one year after discharge from the armed forces

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is referred to, it shall be construed to mean within one year after the termination of the member's active service in the military or naval forces of the United States, and shall not include any military reserve or naval reserve service. Credit for any service rendered either for prior service during the First or Second World Wars, the Korean Conflict, the Georgia National Guard, Georgia State Guard, or service that may be creditable in the future for any combination of such service, shall be limited to not more than ten (10) years, notwithstanding the fact that the combination of such service may have been or may be for a longer period. Service credits. Section 6. That said Act is hereby amended by adding thereto a new section to be appropriately numbered and to read as follows, to wit: 1. Pursuant to Paragraph 11, Section 1, Article XIV, of the State Constitution and Subparagraph 7-A of Paragraph I of Section II of Article VII, of said Constituton with due consideration to the limitations embodied therein and as specifically referred to in Act 734, Ga. L. 1953, p. 294, as amended in Section 13 thereof, there is hereby established Division A of the Employees' Retirement System of Georgia as a separate coverage group and to be specifically known as the Employees' Social Security Coverage Group. Effective on a date to be established by the board of trustees, which date shall not be earlier than May 1, 1956, the membership of this system shall automatically be the membership of Division A unless prior to such date a member has expressed in writing to the board of trustees his desire to become a member of Division B, and for such members there is hereby established a distinct and separate division to be known as Division B. Membership of this division shall be ineligible for membership in Division A. Division A of system. (a) On and after the effective date established for Division A, employees upon becoming contributing members, shall have their membership established in Division A, unless they have prior service or annuity savings credits and file with the board of trustees a statement that they desire to be members of Division B.

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(b) In the application of Section 4, relative to prior service accumulation, the accumulations of a member of Division A shall be reduced by an amount set forth in tables which shall be adopted by the board of trustees after an actuarial survey by the board, so as to assure that the aggregate contributions of the State shall remain at the present level, with the exception of the employer-employee tax referred to in the last sentence of Paragraph (e) of this subsection. (c) Subparagraph (1) (c) and Paragraph (6) of Section 5 shall not be applicable to membership of Division A. Any retired member of this group accepting employment in which the State of Georgia participates in his salary shall have his retirement allowances suspended during the time of such employment, and if employed in a department subject to this Act he shall again become a member of Division A. (d) Any contributions provided for in Section 3 that may be required of a member of Division A while he is not deemed to be in service shall be construed to mean only those contributions which provide benefits under this Act. (e) Anything in this Act to the contrary notwithstanding, the employee and employer tax required on wages of those members covered under the Social Security Act shall be retained by the fiscal officer of the various departments and reported to the board of trustees quarterly, in accordance with rules and regulations established by the board. Any change in the rate of employee-employer tax shall result in a corresponding change in the amount of tax payable by the employee and employer. (f) Anything in this Act to the contrary notwithstanding, the pension accumulation fund as provided in

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Section 8, Subsection (3) shall also be the fund into which shall be paid that part of employee and employer tax required on wages of members covered under the Federal Social Security Act. Said tax is hereby made an obligation of the pension accumulation fund, as provided for in Section 11. (g) Any member of Division A having attained age sixty-five (65) may, upon written application to and approval by the board of trustees, discontinue contributions which provide retirement benefits under this Act. However, the employee tax provided under the Social Security Act shall be paid by the member. (h) Members of the Employees' Social Security Coverage Group shall be given appropriate notice of a referendum to be held to determine if they will become covered for social security or not. Should the referendum be in the affirmative, the board of trustees is authorized to enter into an appropriate agreement on the part of the State for said coverage with an effective date not earlier than July 1, 1956, and when the agreement becomes applicable for said coverage group, all provisions in this section relative to social security shall become operative. Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 8. Effective date. This Act shall take effect immediately upon its passage and approval by the Governor. Approved February 13, 1956.

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McDUFFIE SUPERIOR COURT TERMS. No. 50 (House Bill No. 33). An Act to provide for the terms of the Superior Court of McDuffie County; 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 the term of court of the Superior Court of McDuffie County commencing on the first Monday in September shall commence on the second Monday in September, and the term commencing on the first Monday in March shall commence on the second Monday in March, so that the terms of the Superior Court of McDuffie County shall be on the second Monday in March, the first Monday in June, the second Monday in September and the first Monday in December. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. STATE EMPLOYEES AND OFFICIALSTRADING WITH STATE. No. 56 (House Bill No. 111). An Act to prohibit full-time appointive officials and employees of the State from engaging in certain transactions affecting the State; to prohibit members of boards, bureaus, commissions and other State agencies and authorities from selling or furnishing any goods or services to the State except upon competitive bid; to prohibit members of boards, bureaus, commissions and other State agencies and authorities from engaging

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in certain transactions affecting the State and such agencies and authorities on which they serve; to provide for statements to be included in bids, agreements, contracts and other instruments certifying that this Act has not been and will not be violated; to provide for penalties; to provide for exceptions; to provide 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. It shall be unlawful for any full-time appointive State official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee. Nor shall any full-time appointive State official or employee influence, or attempt to influence, the execution of any contract, agreement or transaction entered into by the State of Georgia, or any department, agency, commission or authority thereof, for the purchase or sale of any real or personal property, goods or services, or a combination thereof, where such action would result in actual ascertainable pecuniary or other gain to such official or employee. Forbidden contracts. Section 2. No member of any State board, bureau, commission or other State agency by whatever name called, or of any authority created by law, shall make any contract in any capacity whatsoever to furnish any goods or supplies, or both, to the State, except after competitive bid thereon. No such person shall act as dealer, agent or broker, or in any other manner, in connection with the sale of goods or services, or both, to the State, except after competitive bid thereon. Bids. Section 3. No member of any State board, bureau, commission or other State agency by whatever name called, or of any authority created by law, shall act as dealer, agent or broker, or in any other manner, in connection

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with the sale of goods or services, or both, to the State, unless such person operates a regularly established business enterprise which, when selling such goods or services, or both, to the State, meets all the legal requirements connected therewith relative to submission of bids, posting of bonds, quality of goods or services, or both, and all other requirements in connection with such transactions. Dealers,agents,brokers. Section 4. No person who is a member of any State board, bureau, commission or other State agency by whatever name called, or of any authority created by law, shall engage in any transaction with any such board, bureau, commission, committee or other State agency, or any such authority, on which such person is a member. Section 5. All bids, agreements, contracts or other instruments in connection with the furnishing of goods or services, or both, to the State, shall have included therein a statement to the effect that the signers of such instrument certify that the provisions of this Act have not been violated and will not be violated in any respect. Signed statements. Section 6. Any full-time appointive official or employee of the State Government who violates any provision of this Act shall be discharged immediately from the service of the State. The membership of any member of any board, bureau, commission or other State agency by whatever name called, or any authority created by law, who violates any of the provisions of this Act, shall be immediately vacated, and such vacancy shall be filled by appointment of the Governor. Any person, firm or corporation violating any of the provisions of this Act shall be barred from further business dealings with the State of Georgia until the violation complained of shall be corrected. Violations. Section 7. Any person violating any provision of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. WITNESSESSERVICE OF SUBPOENAS BY MAIL. No. 57 (House Bill No. 48). An Act to provide for the service of subpoenas, subpoenas duces tecum, and notices to produce by registered mail, as an alternative to existing methods of service; to provide the procedure therefor; to provide that the party utilizing this method shall pay the costs thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Service of all subpoenas requiring the attendance of witnesses, as provided in the Georgia Code, Chapter 38-15, as amended, or as may be elsewhere provided; service of subpoenas duces tecum, as provided in the Georgia Code, Chapter 38-9; and service of notices to produce, as provided in the Georgia Code, Chapter 38-8, as an alternative to all other methods of service now authorized by law, may be perfected by United States registered mail at the election of the party requiring such service. Section 2. Perfection of such service shall be shown by the party utilizing it, which may be by production in court of a return receipt issued by the United States Post Office, which shall constitute a prima facie showing. Section 3. For purposes of determining whether such service was made within the time prescribed by law, such service shall be considered perfected upon the date such

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registered letter was delivered to the proper addressee, as shown by the return receipt. Section 4. The cost of such registered mail shall be borne by the party electing to utilize it. Section 5. Wherever the words registered mail shall appear in this Act the same shall also be deemed to include United States certified mail. Section 6. All laws and parts of law in conflict with this Act are hereby repealed. Approved February 13, 1956. EXAMINATION OF JURORS. No. 58 (House Bill No. 81) An Act to amend Chapter 59-7 of the Code, as amended, relating to traverse jurors generally, by adding thereto a new section to be known as 59-720, and which will provide for the placing of jurors in the jury box in panels of twelve (12) each, in civil and criminal cases, so as to facilitate their examination by counsel. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 59-7 of the Georgia Code, as amended, relating to traverse jurors in general, is hereby amended by adding thereto a new section, to be known as 59-720, and to read as follows: 59-720. In the examination of individual jurors by counsel for the parties, in civil and criminal cases, as provided in the Code, 59-806, applicable to felonies, and 59-705, as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1082) and an Act approved February 19, 1951 (Ga. L. 1951, p. 214), applicable to

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all cases, it shall be the duty of the court, upon request of either party, to place the jurors in the jury box in panels of twelve (12) at a time, so as to facilitate their examination by counsel. Code 59-720 added. Section 2. All laws and parts of law in conflict with this Act are hereby repealed. Approved February 13, 1956. COUNTY PROBATION OFFICERS. No. 59 (House Bill No. 72). An Act to authorize the grand jury in all counties having a population of 150,000 or more but less than 300,000, by the last or any future United States census, to recommend the appointment of a county probation officer, assistants, administrative, clerical, and other personnel; to empower the judge or judges of the superior courts to provide for the appointment of such officers and personnel; to prescribe their qualifications, duties, tenure, salary, and other conditions of employment, and bond; 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. In all counties having a population of 150,00 or more but less than 300,000, by the last or any future United States census, the grand jury may recommend to the judge or judges of the superior court of said counties, respectively, that said judge or judges appoint a county probation officer, and such assistants, including administrative, clerical, and other personnel, as may be deemed necessary, who shall perform such duties in relation to any civil case or proceeding pending in the superior court as the judge or judges of such court may

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direct, and it shall be the duty of said judge or judges to appoint such person or persons as seem best qualified for the respective duties devolving upon a probation officer and probation staff. Counties to which applicable. Section 2. The compensation of such probation officers, administrative, clerical, and other personnel necessary for the execution of the purposes of this Act shall be fixed by said superior court judge or judges and shall be paid out of county funds, as part of the court expenses. All appointments shall be made from eligible lists secured from the local merit board in those counties where such board exists or from lists established by competitive examinations conducted by the court. Their appointment, salary, tenure, and all other conditions of their employment shall be in accordance with the laws and regulations governing the merit system under which operated or such rules and regulations established by the court. Any such personnel now employed may be retained at the discretion of said judge or judges. Any such employee of the court may be removed for cause by the judge or judges thereof, the reasons therefor to be assigned in writing. Compensation, appointment, tenure. Section 3. The court may require of any probation officer or employee appointed in accordance with the provisions of this Act a bond in such sum, with security, as the court may determine. Bond. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 13, 1956.

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SUBVERSIVE ACTIVITIES ACT AMENDED. No. 61 (House Bill No. 12). An Act to amend an Act known as the Subversive Activities Act, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 216), as amended. by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 73), so as to provide that no person shall be required to give information relative to the membership in any organization of any relative of such person; to provide for the place of filing of questionnaires and statements; 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 known as the Subversive Activities Act, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 216), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 73), is hereby amended by adding a new section, to be known as Section 12A, to read as follows: Section 12A. No person giving any information, whether by answering a questionnaire or otherwise, as provided in Section 11 and 12 of this Act, shall be required to give any information or answer any questions relative to the membership in any organization of any relative of such person. Information as to relatives. Section 2. Said Act is further amended by adding a new section, to be known as Section 12B, to read as follows: Section 12B. Any questionnaires or statements prepared as provided in Sections 11 and 12 of this Act shall be filed at the place of employment rather than with a central State agency. Filing of questionnaires.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. MORTALITY TABLES AS EVIDENCE. No. 65 (House Bill No. 53). An Act to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissable as evidence of the life expectancy of such person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissable as evidence of the life expectancy of such person. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. TERM OF TRIAL OF CIVIL CASES. No. 73 (House Bill No. 83). An Act to amend an Act approved March 28, 1935 (Ga. L. 1935, p. 481) so as to provide for the trial of civil cases anytime after appearance day by consent; to provide for the trial of divorce matters anytime after the first term by consent; to provide for the hearing of non-jury matters in vacation or term time; 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 approved March 28, 1935 (Ga. L. 1935, p. 481), relating to trials at the first term, as amended, more particularly as amended by Section 17 of an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 776), is hereby amended by striking Section 1 of said Act, as amended, and by substituting in lieu thereof the following: Section 1. (a) Any action for divorce may be tried at the first or appearance term, provided it is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the court's docket. Divorce. (b) Any civil case requiring trial by jury, whether in law or in equity, may, by consent of the parties thereto entered upon the docket, be tried any time after appearance day. Consent trials. (c) The judges of the several superior courts of this State may, on reasonable notice to the parties, at any time, either in term or vacation, and at chambers in any county in the circuit, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required or has been duly waived. Non-jury trials. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. JUVENILE COURT ACT AMENDED. No. 76 (House Bill No. 70). An Act to amend the Juvenile Court Act, approved February 19, 1951 (Ga. L. 1951, pp. 291-311), as amended, by striking the words and exclusive in the fifth line of Section 2 thereof in Georgia Laws of 1951 at page

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293; by adding at the beginning of Section 3 thereof in Georgia Laws of 1951 at page 293 the words except as otherwise provided in Sections 3A and 3B; by adding a new section to be known as Section 3A to provide for juvenile courts and judges thereof, their powers, authority, and jurisdiction, in counties having a population of 150,000 or more but less than 300,000; by adding a new section to be known as Section 3B to provide for the expiration of the terms of office of present juvenile court judges in counties having a population of 150,000 or more but less than 300,000, for the transfer to the superior courts of cases pending in present juvenile courts in such counties, and for the turning over of the dockets, minutes, papers and records of present juvenile courts in such counties to the superior court clerks; by adding a new section to be known as Section 38 to make said Juvenile Court Act, as amended, applicable in all courts to cases within the provisions of said Juvenile Court Act, as amended, and to make inconsistent or repugnant laws inapplicable to cases within the provisions of said Juvenile Court Act, as amended; by amending Section 30 thereof in Georgia Laws of 1951 at page 308 to provide for appeals from final judgments of superior court judges sitting as juvenile court judges; by specifying the effective dates of such amendments; by repealing 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 Juvenile Court Act, approved February 19, 1951 (Ga. L. 1951, pp. 291-311), as amended, is hereby amended by striking the words and exclusive in the fifth line of Section 2 thereof in Georgia Laws of 1951 at page 293, so that the first paragraph, being the unnumbered paragraph, of said section as amended herein shall read as follows: Section 2. Creation: Counties having population of 50,000 or more: Construction, definitions of Chapter.

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In counties having a population of 50,000 or more, by the last or any future United States census, juvenile courts are created and established with original jurisdiction in all cases coming within the terms and provisions of this Chapter. This Chapter shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purposes herein set forth. Section 2. The Juvenile Court Act, approved February 19, 1951, (Ga. L., 1951, pp. 291-311), as amended, is hereby amended by adding at the beginning of Section 3 thereof in Georgia Laws of 1951 at page 293 the words Except as otherwise provided in Section 3A and 3B, so that the first paragraph, being the unnumbered paragraph; of said section as amended herein shall read as follows: Section 3. Judge: Appointment, term, salary, eligibility. Except as otherwise provided in Sections 3A and 3B, the judge or a majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this Act shall appoint the judge of the juvenile court for a term of six years and shall fix the compensation except in those counties wherein the salary of the judge is fixed by legislative Act; provided further that those judges who were serving in established juvenile courts as of December 31, 1950, shall continue to serve as judges of the said courts until the expiration of the terms of office to which they were appointed under the Juvenile Court Act of 1915 or amendments thereto, after the expiration of said terms, and shall be eligible for re-appointment, appointments shall be made by the judge of the superior court; Provided further that the salary of the juvenile court judge shall be paid out of county funds. Section 3. The Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended, is hereby amended by adding a new section to be known as Section 3A to read as follows:

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Section 3A. Juvenile courts in counties having a population of 150,000 or more but less than 300,000. In all counties having a population of 150,000 or more but less than 300,000, by the last or any future United States census, the judge of the superior court shall sit as the juvenile court judge and hear all cases coming within the provisions of the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. In the case of any such county within a superior court circuit which has more than one superior court judge, one of the superior court judges of such circuit shall be designated by a majority of said judges of the superior court for and presiding over such county to sit as the juvenile court judge, and the superior court judge so designated shall sit as the juvenile court judge and hear all cases coming within the provisions of the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. When sitting as the juvenile court judge, and in all matters connected with the organization of such court and with its personnel, said judge shall have and exercise the same powers, authority, and jurisdiction as those of juvenile courts established under the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended, and shall, in the exercise of said powers, authority, and jurisdiction, including the conduct of hearings, follow the procedure and practice prescribed in and by the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311) as amended. This Act shall create no new court or judge but shall merely specify and describe the powers, authority, and jurisdiction of the judge sitting as the juvenile court judge and prescribe the occasion, manner, and procedure for exercise of such powers, authority and jurisdiction. This Act shall be construed to mean that the judge is presiding over a juvenile court of such county which he shall thereupon establish and conduct in accordance with the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. Section 4. The Juvenile Court Act, approved February

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19, 1951 (Ga. L., 1951, pp. 291-311), as amended, is hereby amended by adding a new section to be known as Section 3B to read as follows: Section 3B. Expiration of terms of office of present juvenile court judges and transfer of cases and records on effective date, in counties having a population of 150,000 or more but less than 300,000. In all counties having a population of 150,000 or more but less than 300,000, by the last or any future United States census, the respective terms of office of the judges of the juvenile courts shall expire on the effective date of this Act. All cases pending in the juvenile courts of such counties on the effective date of this Act are hereby transferred to the respective superior courts of such counties for further proceedings and disposition in accordance with this Act. All dockets, minutes, papers, and records of the juvenile courts of such counties on the effective date of this Act shall be turned over to the respective clerks of the superior courts of such counties. Section 5. The Juvenile Court Act, approved February 19, 1951, (Ga. L., 1951, pp. 291-311), as amended, is hereby amended by adding a new section to be known as Section 38 to read as follows: Section 38. Applicability of Juvenile Court Act; inconsistent or repugnant laws. The Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended, shall govern the substantive rights of the parties and the procedure and practice to be followed in all courts of this State in all cases coming within the provisions of the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. All laws and provisions of laws inconsistent with or repugnant to the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended, shall be considered and held to be inapplicable to the cases arising under the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended.

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Section 6. The Juvenile Court Act, approved February 19, 1951, (Ga. L. 1951, pp. 291-311), as amended, is here amended by adding at the beginning of Section 30 thereof in Georgia Laws of 1951, at page 308, the words In all cases of final judgments of a superior court judge sitting as juvenile court judge, appeals shall be taken by writ of error to the Court of Appeals or Supreme Court of Georgia in the same manner as other appeals from the superior court. In all other cases, so that said section as amended herein shall read as follows: Section 30. Certiorari; supersedeas. In all cases of final judgments of a superior court judge sitting as juvenile court judge, appeals shall be taken by writ of error to the Court of Appeals or Supreme Court of Georgia in the same manner as other appeals from the superior court. In all other cases, the writ of certiorari to the superior court shall lie to all final judgments of the juvenile court as now lie to justice or other inferior courts, but no direct writ of error shall lie to either of the appellate courts; Provided; that no such judgment or order shall be superseded, except in the discretion of the judge, but the judgment or order of the court shall stand until reversed or modified by the reviewing court; Provided further, that the pendency of a certiorari shall not preclude or prevent the juvenile court during the pendency of said certiorari, at a subsequent hearing for cause shown, to modify any judgment or order made, although the effect of such modification may be to suspend the certiorari. Section 7. Effective date. This Act shall become effective January 1, 1957. Section 8. Conflicting laws. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 13, 1956.

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MEAT, FISH, ETC.SALE BY WEIGHT. No. 81 (Senate Bill No. 27). An Act to provide that all meat, meat products, fish and poultry offered or exposed for sale or sold, commercially, shall be by net weight only; to provide for exceptions; 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. All meat, meat products, fish and poultry offered or exposed for sale or sold, commercially, shall be by net weight only except when sold for immediate consumption on the premises or where sold as a cooked food but not in a package or when sold for breeding purposes or when sold as pets or for other purposes than for human or animal consumption. Sale by weight. Section 2. Any person who shall violate any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof punished as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. SOCIAL SECURITY. No. 82 (House Bill No. 16). An Act to amend an Act approved December 21, 1953 (Ga. L. 1953, p. 294), which Act makes provisions for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, so as to provide for declaration of

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policy; to provide for definitions, to provide for Federal-State agreement; to stipulate separate retirement systems with respect to political subdivisions; to provide plans for coverage; to establish a Social Security Coverage Group; to provide for the administration thereof, and authorize extension of social security coverage for said group; to authorize a referendum and certify results thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The Act approved December 21, 1953, whose caption is set forth in the caption hereof (Acts of 1953, p. 294) is hereby amended by striking in its entirety Section (1) which section relates to Declaration of Policy and inserting in lieu thereof the following: Act of 1953 amended. In order to extend to employees of the State of Georgia and the political subdivisions of this State and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the General Assembly, subject to the limitations of this Act, that such steps be taken as to provide such protection to employees of the State and the political subdivisions of the State on as broad a basis as is permitted under the Social Security Act. Declaration of policy. Section 2. 1. That said Act is further amended by deleting in its entirety Subsection (b) of Section 2 which subsection relates to the term employment and inserting in lieu thereof the following: (b) The term employment means any service performed by an employee in the employ of the State or any political subdivision of the State, for such employer, except (1) service which in the absence of an agreement entered into under this Act would constitute employment

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as defined in the Social Security Act; or (2) service which under the Social Security Act may not be included in an agreement between the State and the Secretary of Health, Education and Welfare, entered into under this Act. Service which under the Social Security Act may be included in an agreement only upon certification by the Governor in accordance with Section 218 (d) (3) of that Act shall be included in the term employment if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health, Education and Welfare pursuant to Section 12 (b) of this Act. Employment. 2. That said Act is further amended by striking therefrom in its entirety Subsection (e) of Section 2 which relates to Federal Security Administrator and inserting in lieu thereof the following: (e) The term Secretary of Health, Education and Welfare includes any individual to whom the Secretary of Health, Education and Welfare has delegated any functions under the Social Security Act with respect to coverage under such Act of employees of States and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such functions, and wherever in this Act the term Federal Security Administrator is used, it shall mean Secretary of Health, Education and Welfare. Secretary of Health, Education and Welfare. 3. That said Act is further amended by striking in its entirety Subsection (f) of Section 2 which relates to political subdivision and inserting in lieu thereof the following: (f) The term political subdivision within the terms of this Act, means counties and incorporated towns and cities and includes an instrumentality of (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdivisions;

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The Board of Regents of the University System of Georgia, and the Federal and State Cooperative Inspection Service of the State of Georgia. Political sub-division. 4. That said Act is further amended by striking therefrom in its entirety Subsection (h) of Section 2 of said Act which relates to Federal Insurance Contribution Act and inserting in lieu thereof the following: (h) The term Federal Insurance Contribution Act means Subchapter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and Subchapters A and B of Chapter 21 of the Federal Internal Revenue Code of 1954, as such codes have been and may from time to time be amended; and the term employee tax means the tax imposed by Section 1400 of such Code of 1939 and Section 3101 of such Code of 1954. Federal Insurance Contribution Act. Section 3. 1. Said Act is further amended by striking in its entirety Paragraph (2) of Subsection (a) of Section 3, relating to payments to the Secretary of the Treasury, and inserting in lieu thereof the following: (2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in Section 2 of this Act), equal to the sum of the taxes which would be imposed by the Federal Insurance Contribution Act if the services covered by the agreement constituted employment within the meaning of that Act. Payments to Secretary of the Treasury. 2. Said Act is further amended by striking in its entirety Paragraph (3) of Subsection (a) of Section 3 which relates to effective date of agreements and substituting in lieu thereof the following: (3) Such agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any such services

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performed prior to the first day of the calendar year in which such agreement is entered into or in which the modification of the agreement making it applicable to such services, is entered into except that a modification entered into after December 31, 1954, and prior to January 1, 1958, may be effective with respect to services performed after December 31, 1954, or after a later date specified in such modification. 3. That said Act is further amended by striking in its entirety Paragraph (4) of Subsection (a) of Section 3, which paragraph relates to services covered, and inserting in lieu thereof the following, to wit: (4) All services which (A) constitute employment as defined in Section 2 (B) are performed in the employ of the State or a political subdivision of the State, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State agency under Section 4, shall be covered by the agreement. Services covered. 4. That said Act is further amended by adding to Section 3 a new paragraph to be known as Paragraph (5), Subsection (a) of Section 3, relating to positions covered by a retirement system, and to read as follows: (5) As modified, the agreement shall include all services described in Paragraph (4) of this subsection and performed by individuals in positions covered by a retirement system with respect to which the Governor has issued a certificate to the Secretary of Health, Education and Welfare pursuant to Section 12 (b) of this Act. Agreement. 5. That said Act is further amended by adding a new subsection to Section 3 to be known as Subsection (c), and relating to separate retirement systems, and to read as follows: (c) Pursuant to Section 218 (d) (6) of the Social Security Act, the Peace Officers' Annuity and Benefit

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Fund of Georgia, Superior Court Clerks' Retirement Fund, Ordinaries' Retirement System, and the Teachers' Retirement System of Georgia, shall for the purpose of this Act be deemed to constitute separate retirement systems with respect to each political subdivision and positions covered thereby. For the purpose of this Act the Board of Regents of the University System of Georgia is deemed to be covered by a separate retirement system with respect to positions covered thereby, and all city courts of this State are deemed to be covered by separate retirement systems with respect to each political subdivision and positions covered thereby. Separate retirement systems. Section 4. 1. That said Act is further amended by striking in its entirety Paragraph (2), Subsection (a), Section 4, relating to services which constitute employment and inserting in lieu thereof the following: (2) It provides that all services which constitute employment as defined in Section 2 and are performed in the employ of a political subdivision by employees thereof shall be covered by the plan except that it may exclude services performed by individuals to whom Section 218 (c) (3) (C) of the Social Security Act is applicable. Services which constitute employment. 2. That said Act is further amended by striking in its entirety Paragraph (2) of Subsection (c) of Section 4 relating to employee tax and inserting in lieu thereof the following: (2) Each political subdivision required to make payments under Paragraph (1) of this subsection is authorized, in consideration of the employee's retention in, or entry upon, employment after enactment of this Act, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his wages (as defined in Section 2 of this Act), not exceeding the amount of the employees tax which would be imposed by the Federal Insurance Contribution Act if such services constituted employment within the

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meaning of that Act, and to deduct the amount of such contribution from his wages as and when paid. Contributions so collected shall be paid into the contribution fund in partial discharge of the liability of such political subdivision or instrumentality under Paragraph (1) of this subsection. Failure to deduct such contributions shall not relieve the employee or employer of liability therefor. Employee tax. Section 5. That said Act is further amended by adding thereto a new section relating to referendum and certification and to be known as Section 12 and shall read as follows: Section 12 (a) Referenda and certification. The Governor is empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218 (d) (3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision shall be excluded from or included under an agreement under this Act. The notice of referendum required by Section 218 (d) (3) (C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this Act. Referendum and certification. (b) Upon receiving evidence satisfactory to him that with respect to any referendum the conditions specified in Section 218 (d) (3) of the Social Security Act have been met, the Governor is authorized to so certify to the Secretary of Health, Education and Welfare. Section 6. Employees' Social Security Coverage Group. 1. That said Act is further amended by adding thereto

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a new section to be known as Section 13 and to read as follows: Section 13. Pursuant to Paragraph (II), Section 1, Article XIV, of the State Constitution, and Subparagraph 7-A of Paragraph I of Section II of Article VII of said State Constitution, with due consideration to the limitations embodied therein, there is hereby established a separate coverage group to be known as Employees' Social Security Coverage Group, membership of which shall consist of all State employees who are in the group to be covered for social security, the conditions of membership to be as established in the Act governing the Employees' Retirement System of Georgia. Employees' Social Security Coverage Group. (a) The Employees' Social Security Coverage Group herein provided shall for the purposes of this section be and it is hereby declared to be under the jurisdiction and control of the board of trustees of the Employees' Retirement System of Georgia. Said board is authorized to establish such rules and regulations as are necessary to provide for payment of the contributions required under the Social Security Act, and the proper administration of the provisions of this section, and is further authorized to modify the present agreement with the Secretary of Health, Education and Welfare of the United States, consistent with the terms and provisions of this Act for the purpose of extending the benefits of the Old-Age and Survivors Insurance System to members of said coverage group; such coverage to become effective not earlier than July 1, 1956. Section 7. Repeal. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Section 8. Effective date. This Act shall take effect immediately upon its passage and approval by the Governor. Approved February 13, 1956.

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MOTOR VEHICLESSIZE AND LOAD LIMITATIONS. Code 68-405 Amended. No. 83 (House Bill No. 114). An Act to establish a tolerance or increase in certain of the sizes, weights and loads of motor vehicles, as now provided in Section 68-405 of the Supplement to the Code of Georgia of 1933 relating to limitation as to size of vehicle and weight of load; to repeal said code section and to enact another code section in its place; to provide for penalties for violation; 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. A tolerance or increase is hereby established as to certain presently effective limitations on size, weight and load of motor vehicles, in so far as concerns the extreme overall dimensions, the wheel loads and the axle loads and the formula for the total gross weight with load, as now provided in Section 68-405 of the Supplement to the 1933 Code of Georgia, as set out in Section 2 herein. Section 2. Section 68-405 of the Supplement to the 1933 Code of Georgia entitled: 68-405. Limitation as to size of vehicle and weight of load and prescribing the maximum dimensions of vehicles, special permits, maximum wheel and axle loads and maximum weight formulas for axle loads is hereby repealed, and in its place the following is provided: (a) No vehicle operated upon any public road or public highway of this State shall exceed a total outside width, including load thereon, of 96 inches, not including mirrors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of 13 feet 6 inches; no vehicle shall exceed by more than 13% a

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length of 35 feet extreme overall dimensions, inclusive of front and rear bumpers except busses of motor common carriers which shall not exceed 40 feet extreme overall dimensions, inclusive of front and rear bumpers by more than 13%; combinations of vehicles shall consist of not more than two units, and, when so combined, shall not exceed a total length of 48 feet; for occasional movements of materials or objects of dimensions which exceed the limits herein provided, a special permit shall be required as now provided by law: Provided, however, that loads of poles, logs, lumber, structural steel, piping, and timber may exceed the length herein fixed without requiring special permit. New section. (b) No wheel on any vehicle operated upon any public road or public highway of this State, equipped with high pressure, pneumatic, solid rubber or cushion tires shall carry a load which exceeds 8,000 pounds by more than 13%, or an axle load which exceeds 16,000 pounds by more than 13%; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13%, or any axle load which exceeds 18,000 pounds by more than 13%; an axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse 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. (c) Provided, however, that the maximum total gross weight, including tolerance, shall not exceed 63,280 pounds. Provided however, that on roads constructed under the Rural Road Authority, this maximum total gross weight shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such roads. Provided further, that no officer or employee shall grant, authorize, or allow any length or weight in excess

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of the limitations herein provided, (except by special permit as defined in paragraph a above) in any manner whatsoever. Section 3. Any person violating this Act or operating any motor vehicle on the public roads or highways of this State having a greater length than authorized by this Act or with a gross weight in excess of that permitted by this Act shall be guilty of a misdemeanor and, on conviction, shall be punished as provided by law: Provided, however, that no fine imposed for any such violation shall be less than $25.00, or 1 per pound for the first 1,000 pounds of excess weight, plus 2 per pound for the next 2,000 pounds of excess weight, plus 3 per pound for the next 2,000 pounds of excess weight, plus 4 per pound for the next 3,000 pounds of excess weight, plus 5 per pound for all excess weight above 8,000 pounds, whichever may be greater. Violations. It shall be the duty of the Department of Public Safety, and of all other law enforcement officers, to enforce this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. LIVESTOCKGARBAGE FEEDING. No. 85 (Senate Bill No. 24). An Act to amend an Act regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 480), so as to provide a change in the penalties for violating the provisions of the Act or rules and regulations made pursuant thereto; 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 regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals, approved March 3, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 480), is hereby amended by striking Section 8 in its entirety and in lieu thereof inserting the following: Sec. 8. Act of 1953 amended. Section 8. Any person, firm, partnership or corporation violating the provisions of Part One of this Act, or any rule or regulation made pursuant thereto, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations. Section 2. Said Act is further amended by striking Section 11 in its entirety and in lieu thereof inserting the following: Sec. 11. Amended. Section 11. Any person, firm, partnership or corporation violating the provisions of Part Two of this Act, or any rule or regulation made pursuant thereto, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. INDUSTRIAL LOAN ACTTAXES. No. 90 (Senate Bill No. 43). An Act to approve an Executive Order of the Governor of July 8, 1955, suspending in part the tax levied by the Act approved June 30, 1955 (Ga. L. 1955, Extraordinary Session, p. 57) against licensees under the Act known as the Georgia Industrial Loan Act (Ga.

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L. 1955, p. 431); to limit the tax levied under said Act as provided by said order; to define interest collected; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Executive Order of the Governor dated July 8, 1955, which is as follows: Whereas the General Assembly by House Bill No. 2 as amended, an Act approved the 30th day of June 1955, levied, in addition to all other taxes, fees, license fees or other charges, a tax of 3% upon the total amount of all fees, interest, insurance premiums and all other charges of whatever kind or nature collected on any loan over and above the amount of money actually advanced to the borrower as the principal of the loan by any person licensed by the provisions of the Georgia Industrial Loan Act, and further provided that the said tax shall not be added in any manner as an additional fee or charge against the borrower; and Executive order. Whereas the Attorney-General of Georgia has advised in writing that in his opinion the said Act is discriminatory, and Whereas the Comptroller-General of Georgia who is ex officio the Georgia Industrial Loan Commissioner, has recommended that the said tax be suspended except as it applies to collections of interest until the next session of the General Assembly, and Whereas it appears from information given by the Georgia Industrial Loan Commissioner that the exaction of this tax in the manner prescribed by the said Act would probably put many licensees under the Georgia Industrial Loan Act out of business, and Whereas further experience under the Georgia Industrial Loan Act is needed in order to determine the extent to which licensees thereunder can bear additional taxes and charges,

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Now, therefore, it is ordered that the tax of 3% levied in said Act, excepting only such tax upon the total amount of all interest collected on such loans, be and the same hereby is suspended until the next session of the General Assembly, so that the said 3% shall be paid upon all interest collected on such loans but no such tax of 3% shall be collected upon any fees, insurance premiums, or other charges of any kind or nature collected on any such loan except the interest collected thereon. Witness my hand and official seal, this July 8, 1955. /s/ Marvin Griffin, Governor. be and the same is hereby ratified, approved and confirmed. Section 2. That the tax levied by the Act approved June 30, 1955, referred to in said order of the Governor of July 8, 1955, shall be limited to the interest received by licensees under said Georgia Industrial Loan Act, that is to say, the tax levied by said Act of June 30, 1955, shall be a tax at the rate of 3% on the total amount of interest on any loan collected by any such licensee from any borrower to whom such licensee has made a loan. The tax provided for herein shall be remitted to the Georgia Industrial Loan Commissioner on or before the tenth day of each month for the preceding calendar month. The Commissioner and his authorized agents and employees shall have the right to inspect all records of any person so licensed and the Commissioner is hereby authorized to promulgate rules and regulations relative to the enforcement of the provisions of this Act. The term interest collected shall mean the gross amount of interest charged and collected on loan contracts, less any amount of unearned interest refunded to borrowers and such interest on such portion of uncollectable accounts that are charged off as bad debts by the licensee, except for those licensees whose records are kept on an accrual basis the 3% tax herein levied shall be remitted on such

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portion of the interest as accrues during the taxable month. Tax. Act of 1955. Section 3. All laws and parts of law in conflict with this Act are hereby repealed. Approved February 13, 1956. ALBANYTAXATION. Code 92-4101 Amended. No. 92 (House Bill No. 94). An Act to amend Code Section 92-4101, as amended, relating to the limitation on the right of taxation by municipal corporations, so as to provide that the City of Albany shall not be affected by the provisions of this section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-4101, as amended, relating to the limitation on the right of taxation by municipal corporations, is hereby amended by adding at the end thereof the words, nor to the City of Albany, so that Code Section 92-4101, as so amended, shall read: 92-4101. No municipal corporation shall levy or collect for the ordinary current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one percent upon the value of said property, any charter of said corporation to the contrary notwithstanding: Provided, that the provisions of Sections 92-4101 to 92-4104 shall not apply to the City of Savannah and the City of Augusta or the City Council of Augusta and the Town of Bartow, Cities of Millen, Patterson,

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Blackshear, Warrenton, Cedartown, and the Town of Bowden, nor the City of Albany. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1956 session of the General Assembly of Georgia a bill to provide that the provisions of Title 92, Sections 4101 to 4104, of the Code of Georgia, shall not apply to the City of Albany, and for other purposes. Jim Denson, G. Stuart Watson, Representatives, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and that an exact copy of the above notice was published in the Albany Herald on December 23 and 30, 1955, and January 4, 1956. This 9 day of January, 1956. /s/ James H. Gray. Sworn to and subscribed before me, this 9 day of Jan., 1956. /s/ G. Stuart Watson, Notary Public, Dougherty County, Ga. Approved February 13, 1956.

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ATLANTA JUDICIAL CIRCUITSOLICITOR-GENERAL AND ASSISTANTS. No. 94 (House Bill No. 92). 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. L. 1924, p. 255), as amended by the Act approved August 6, 1925 (Ga. L. 1925, p. 509), as further amended by the Act approved March 28, 1935 (Ga. L. 1935, p. 853), as further amended by the Act approved January 24, 1951 (Ga. L. 1951, p. 3), as further amended by the Act approved March 7, 1955 (Ga. L. 1955, p. 3168), 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. L. 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. L. 1925, p. 509), and as further amended by the Act approved March 28, 1935 (Ga. L. 1935, p. 853), and as further amended by the Act approved January 24, 1951 (Ga. L. 1951, p. 3), and as further amended by the Act approved March 7, 1955 (Ga. L. 1955, p. 3168), and the Acts amendatory thereof, be and the same is hereby further amended by striking the word six 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 seven; so that said Section 5 as amended shall read as follows: The solicitor-general of the said judicial circuit shall

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have the power and he is hereby empowered to appoint one first assistant solicitor-general and seven 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. Assistants. 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 $6000 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. Salaries. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. 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

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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. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the 1955 adjourned session of the General Assembly of Georgia, convening in January, 1956, 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. L. 1924, p. 255), as amended by the Act approved August 6, 1925 (Ga. L. 1925, p. 509), as amended by the Act approved March 28, 1935 (Ga. L. 1935, p. 853), as amended by the Act approved January 24, 1951 (Ga. L. 1951, p. 3), as further amended by the Act approved March 7, 1955 (Ga. L. 1955, p. 3168), 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. 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

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in said paper on the.....days of....., 19....., and on the 9, 16, 23, 30th days of December 1955 as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 3rd day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Approved February 13, 1956. OPTOMETRY DEFINED. Code 84-1101 Amended. No. 96 (House Bill No. 363). An Act to amend Section 84-1101 of the Code, relating to the definition of optometry by providing a new definition therefor, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 84-1101 of the Code of Georgia, relating to the definition of optometry, is hereby amended by striking said section and substituting in lieu thereof a new section to read as follows: Optometry is defined as the art and science of visual care and is hereby declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than the use of drugs, medicine or surgery. The practice of optometry further consists of the correction of visual

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anomalies through the prescribing, employment and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises and/or visual training, light frequencies and any other means or methods for the relief, correction or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of drugs, medicine or surgery. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. CLAYTON JUDICIAL CIRCUIT CREATED. No. 97 (House Bill No. 379). An Act to create a new judicial circuit for the State of Georgia, to be known as the Clayton Judicial Circuit, to be composed of the county of Clayton; to provide for a judge and a solicitor-general for said circuit; to provide for their election and compensation; to fix the terms of court in said circuit; to provide for the transfer of proceedings to said circuit; to amend Section 24-2501 of the Code, as amended, relative to judicial circuits, so as to include the new circuit; 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. Effective January 1, 1957, there is hereby created a new judicial circuit of the superior courts of this State, to be known as the Clayton Judicial Circuit, which circuit shall be composed of the County of Clayton. The offices of Judge and Solicitor-General of the Superior Court of the Clayton Judicial Circuit are hereby created. Although such circuit shall not come into existence until January 1, 1957, a judge and a solicitor-

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general for said circuit shall be elected at the general election in 1956, to take office for a term beginning January 1, 1957. Clayton Circuit. Section 2. The compensation and allowances of the judge of said circuit shall be as now or hereafter provided by law. The solicitor-general of said circuit shall be compensated on a salary basis, rather than a fee basis, and in addition to the compensation and allowances paid the solicitors-general of the superior courts by the State, the solicitor-general of said circuit shall be compensated in the amount of $5,000.00 per annum, which shall be paid in equal monthly installments from the funds of Clayton County. Salaries Section 3. The terms of court for said circuit shall be as follows: 1st Mondays in February, May, August and November. Terms. Section 4. All proceedings and litigations, civil, equitable and criminal, pending in the Superior Court of Clayton County, including all pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending or commenced in such county, shall relate to, become a part of and be transferred to the Clayton Judicial Circuit and its jurisdiction, when said circuit comes into existence. Pending business. Section 5. Section 24-2501 of the Code of Georgia, as amended, which section enumerates the judicial circuits of this State and the counties comprising each circuit, is hereby amended by striking the figure 36 in the first sentence, and inserting in lieu thereof the figure 37, and by striking the words Stone Mountain Circuit, composed of the counties of Clayton, DeKalb, Newton and Rockdale, and inserting in lieu thereof the words Stone Mountain Circuit, composed of the counties of DeKalb, Newton and Rockdale, and by adding after the words Cherokee Circuit, composed of the counties

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of Bartow, Gordon, Murray and Whitfield, the words Clayton Circuit, composed of the county of Clayton, so that Section 24-2501, as so amended, shall read as follows: Code 24-2501 amended. 24-2501. The entire State is divided in 37 judicial circuits, in reference to the jurisdiction and sessions of the superior courts, as follows, to wit: Alapaha Circuit, composed of the counties of Atkinson, Berrien, Clinch, Cook and Lanier. Albany Circuit composed of the counties of Baker, Calhoun, Decatur, Dougherty, Mitchell and Grady. Atlanta Circuit composed of the county of Fulton. Atlantic Circuit, composed of the counties of Bryan, Liberty, McIntosh, Tattnall, Evans and Long. Augusta Circuit, composed of the counties of Burke, Columbia and Richmond. Blue Ridge Circuit, composed of the counties of Cherokee, Fannin, Forsyth, Gilmer and Pickens. Brunswick Circuit, composed of the counties of Appling, Camden, Glynn, Wayne and Jeff Davis. Chattahoochee Circuit, composed of the counties of Chattahoochee, Harris, Marion, Muscogee, Talbot and Taylor. Cherokee Circuit, composed of the counties of Bartow, Gordon, Murray and Whitfield. Clayton Circuit, composed of Clayton County. Cobb Circuit, composed of the county of Cobb. Cordele Circuit, composed of the counties of Dooly, Wilcox, Crisp and Ben Hill.

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Coweta Circuit, composed of the counties of Carroll, Coweta, Heard, Meriwether and Troup. Dublin Circuit, composed of the counties of Laurens, Johnson and Twiggs. Eastern Circuit, composed of the county of Chatham. Flint Circuit, composed of the counties of Butts, Henry, Monroe and Lamar. Griffin Circuit, composed of the counties of Spalding, Pike, Upson and Fayette. Lookout Mountain Circuit, composed of the counties of Catoosa, Dade, Chattooga and Walker. Macon Circuit, composed of the counties of Bibb, Crawford, Houston and Peach. Middle Circuit, composed of the counties of Emanuel, Jefferson, Washington, Toombs and Candler. Mountain Circuit, composed of the counties of Habersham, Rabun, Stephens, Towns and Union. Northeastern Circuit, composed of the counties of Dawson, Hall, Lumpkin and White. Northern Circuit, composed of the counties of Elbert, Hart, Madison, Oglethorpe and Franklin. Ocmulgee Circuit, composed of the counties of Baldwin, Greene, Jasper, Jones, Morgan, Putnam, Wilkinson and Hancock. Oconee Circuit, composed of the counties of Dodge, Montgomery, Pulaski, Telfair, Bleckley, Wheeler and Treutlen. Ogeechee Circuit, composed of the counties of Bulloch, Effingham, Jenkins and Screven. Pataula Circuit, composed of the counties of Clay, Early, Miller, Quitman, Randolph, Terrell and Seminole. Piedmont Circuit, composed of the counties of Gwinnett, Barrow, Jackson and Banks. Rome Circuit, composed of the county of Floyd. Southern Circuit, composed of the counties of Brooks, Colquitt, Echols, Lowndes and Thomas. Southwestern Circuit, composed of the counties of Lee, Macon, Schley, Stewart, Sumter and Webster. Stone Mountain Circuit, composed of the counties of DeKalb, Newton and Rockdale. The judge of the Stone Mountain Circuit, when the business of said circuit does not require his attention, may aid in the disposition of the business of the Atlanta Circuit. Tallapoosa Circuit, composed of the counties of Douglas, Haralson, Polk and Paulding. Tifton Circuit, composed of the counties of Tift, Irwin, Worth and Turner. Toombs Circuit, composed of the counties of Glascock, Lincoln, McDuffie, Taliaferro, Warren and Wilkes. Waycross Circuit, composed of the counties of Pierce, Coffee, Charlton, Ware, Bacon and Brantley. Western Circuit, composed of the counties of Clarke, Oconee and Walton.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1956.

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SCHOOL SYSTEMS EMINENT DOMAIN. No. 98 (House Bill No. 110) An Act to authorize and empower county boards of education and certain independent and public school systems to condemn private property for public school purposes; to provide the form for such condemnation; to repeal an Act authorizing county boards of education to condemn private property for public school purposes, approved March 27, 1947 (Ga. L. 1947, p. 1130), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The county boards of education, the independent school systems referred to in Article VIII, Section VII of the Constitution of 1945 and the public school systems referred to in Article VII, Section X of the Constitution of 1945, are hereby authorized and empowered to take and damage by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields, or other purposes, in connection with the common schools, high schools or any public educational program which is now or may be hereafter authorized by law. Eminent domain. Section 2. Condemnation proceedings by such boards and systems shall take the form provided in Chapters 36-1 through 36-6 of the Code of Georgia of 1933, as amended, or the form provided in Chapter 36-11 of the Code of Georgia of 1933, as amended. Code provisions. Section 3. An Act entitled An Act to authorize and empower county boards of education to condemn private property for public school purposes or to be used in connection with the public educational program of the county; to provide for the approval by the State Board of Education of any property or site sought to be condemned before proceedings are instituted; to provide how such

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proceedings shall be brought; and for other purposes., approved March 27, 1947 (Ga. L. 1947, p. 1130), as amended, is hereby repealed in its entirety. Act of 1947 repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1956. EASTERN JUDICIAL CIRCUIT ADDITIONAL JUDGE. No. 99 (House Bill No. 73). An Act to add one additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia; to provide for the election and term of office of said judge and to fix the time at which he shall begin his term of office; to prescribe the powers, duties, jurisdiction, privileges and immunities of said judge; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia and Chatham County; to authorize the judges of said court to adopt, promulgate, amend and enforce rules of practice and procedure in said court and to provide for the allocation of the work and duties in transacting the business of said court; to provide for the judge senior in term of continuous service to be the presiding judge, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for the issuance of writs, processes, orders, subpoenas and other official papers out of said court and the return and trial thereof; to provide for quarters for said additional judge and for additional officers of court or deputies for the administration of the business of the Eastern Judicial Circuit of Georgia; to provide for separate enactment of the sections of this Act and for the repeal of 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: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, one additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia is hereby added, thereby increasing to three the number of the judges of the superior court for said circuit. Judge added. Section 2. Said additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia shall be elected in the manner now provided by law for the selection of judges of the superior courts of this State at the general election for members of the General Assembly to be held in 1956 for a term of four years, beginning on the first day of January, 1957, and until his successor shall have been elected and qualified. All subsequent elections for such judge shall be for a term of four years and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Election. Section 3. Said additional judge of the Superior Court of the Eastern Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges and immunities of a judge of said court. Powers. Section 4. The compensation, salary and contingent expense allowance of said additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. Also he shall be paid by Chatham County the same additional compensation as shall be paid by Chatham County to each of the other judges of said superior court. Compensation. Section 5. Upon and after qualification of the additional judge of the Superior Court for the Eastern Judicial

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Circuit of Georgia, the three judges of said court shall be and are authorized to adopt, promulgate, amend and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court, and in transacting the business of said court and in performing their duties and responsibilities, they shall share, divide and allocate the work and duties to be performed by each. In the event of disagreement among said judges in respect hereof, the decision of the senior judge in point of service shall be controlling. Practice and procedures. Section 6. The judge of said court, senior in term of continuous service, shall be the presiding judge of said court, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments. Presiding judge. Section 7. All writs, processes, orders, subpoenas and any other official paper issuing out of the Superior Court of the Eastern Judicial Circuit may bear teste in the name of any judge of said Eastern Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Writs, processes, etc. Section 8. The County Commissioners and Ex-Officio Judges of Chatham County are hereby authorized and directed to provide a suitable courtroom, jury rooms, and chambers for said additional judge, and said commissioners are further empowered to provide such additional assistants or employees in the office of the Sheriff of Chatham County and the office of the Clerk of the Superior Court of Chatham County as the business of such court may require. Office and employees. Section 9. The sections of this Act are separately enacted

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and it is the intention of the General Assembly that if any one or more sections of this Act or portions thereof should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining sections of this Act or portions thereof. Section 10. All laws and parts of laws in conflict with this Act, shall be and the same are hereby repealed. Approved February 16, 1956. INTRASTATE PIPELINE SYSTEMS. No. 100 (House Bill No. 455). An Act to provide that no person shall construct or operate in intrastate commerce within this State any pipeline or any distribution system or any extension thereof, or sell from such pipeline or acquire ownership or control thereof, without first obtaining a certain certificate from the Georgia Public Service Commission; to provide that municipalities and counties of this State shall not be subject to the provisions of this Act; to provide for regulation by the Georgia Public Service Commission; to provide for orders of the Georgia Public Service Commission; to provide for application for certificates; to make provisions relative to the issuance of certificates; to make provisions relative to systems being constructed on the effective date of this Act; to provide for complaints to be filed with the Georgia Public Service Commission; to provide for a hearing thereon; to provide for matters which the Commission must consider relative to the granting of certificates; to provide for rules, regulations and orders; to provide for suspension, revocation, alteration and amendment of certificates; to provide for the transferral of certificates; to provide for exemptions; to provide for jurisdiction of the Commission over extensions;

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to provide for definitions; 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, and it is hereby enacted by authority of the same: Section 1. No person shall construct or operate in intrastate commerce within this State any pipeline or any distribution system or any extension thereof or sell from such pipeline or acquire ownership or control of such pipeline or distribution system either directly or indirectly, for the transportation, distribution or sale of natural or manufactured gas without first obtaining from the Georgia Public Service Commission a certificate that the public convenience and necessity require such construction, operation or acquisition; provided, that this Act shall not be construed to require any distribution system to secure a certificate for an extension within any municipality within which such distribution system has heretofore lawfully commenced operations, or for an extension within or to territoy already served by such distribution system, necessary in the ordinary course of business, or for substitute facilities within or to any municipality or territory already served by such distribution system, or for an extension into territory contiguous to that already served by such distribution system and not receiving similar service from another such person if no certificate of convenience and necessity has been issued to or applied for by any other person covering such territory. As to its distribution and sales in intrastate commerce, any pipeline system shall be subject to the regulation and jurisdiction of the Georgia Public Service Commission in all respects, including but not limited to its rates, charges, rules, regulations, service, financing, accounts and all other matters as to which a privately owned gas public utility distribution system would now be subject to the regulation or jurisdiction of the Georgia Public Service Commission. Natural gas systems; certificate of necessity. Section 2. If any person in constructing or extending

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its pipeline or distribution system unreasonably interferes or is about unreasonably to interfere with any pipeline or distribution system or service of any other person, the Georgia Public Service Commission on its own initiative or on complaint of any person claiming to be injuriously affected, may, after hearing, on reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable. Section 3. The application for any such certificate of convenience and necessity provided for in Section 1 of this Act shall be under such rules and regulations as the Public Service Commission may, from time to time, prescribe. Upon the receipt of any such application for such certificate, the Commission shall cause notice thereof to be given by mail or personal service to the chief executive officer of the municipality or municipalities affected, if any, and to any person serving the territory affected, and shall publish such notice once a week for three consecutive weeks in some newspaper of general circulation in each territory affected. Application and notice. Section 4. The Georgia Public Service Commission shall have power, after hearing, to issue said certificate of convenience and necessity, as prayed for, or to refuse to issue the same, or to issue it for the construction, operation, or acquisition of a portion only of the contemplated pipeline or distribution system or extension thereof. Powers of Public Service Commission. Section 5. Any person engaged in the construction or operation of any pipeline or distribution system, or any extension thereof, as of the effective date of this Act shall be entitled to receive a certificate of convenience and necessity from the Public Service Commission authorizing such person to continue the construction or operation of such pipeline or distribution system, or any extension thereof, in the territory being served by such person on the effective date of this Act if within 12 months from the effective date hereof such person files maps with the Commission showing the territory being

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served by such person. If more than one person files maps indicating service in the same territory, the Commission shall, after hearing, on reasonable notice to the interested parties, determine from such evidence as it may reasonably require which of such persons shall be entitled to the certificate of convenience and necessity. In making such determination, the Commission shall consider the ability of such persons to furnish thereafter reasonably adequate service in the territory in question. Pending the granting of a certificate as provided in this Section 5, any such person may lawfully continue the construction or operation of any pipeline or distribution system, or any extension thereof, in the territory being served by such person on the effective date of this Act. Conflict of systems. Section 6. Whenever any person is engaged or is about to engage in the construction, operation or acquisition of any pipeline or distribution system, or extension thereof without having secured a certificate of convenience and necessity as required by the provisions of this Act, any interested person may file a complaint with the Public Service Commission. The Commission may, with or without notice, make its order requiring the person complained of to cease and desist from such construction, operation or acquisition until the Commission makes and files its decision on said complaint or until the further order of the Commission. The Commission may after hearing, after reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable. Orders to desist. Section 7. In determining whether such certificate of public convenience and necessity shall be granted the Commission among other things must consider the following: Determination of convenience and necessity. 1. Whether existing gas pipelines or distribution systems are adequate to meet the reasonable public needs. 2. The volume of demand for such gas, and whether such demand and that reasonably to be anticipated in

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the future can support already existing gas pipeline and distribution systems, if any, and also the applicant. 3. Financial ability of the applicant to furnish adequate continuous service, and to meet the financial obligations of the service which the applicant proposes to perform. 4. The adequacy of the supply of gas to serve the public. 5. The economic feasibility of the pipeline or distribution system, and the propriety of the engineering and contracting fees, the expenses and the financing charges and costs connected with such pipeline or distribution system. 6. The effect on existing revenues and service of other pipelines or distribution systems, and particularly whether the granting of said certificate will or may seriously impair existing public service. Section 8. The Commission is hereby authorized to adopt such rules and orders as it may deem necessary in the enforcement of this Act. Without limiting its authority to adopt rules and orders in general, it may by such rules and orders determine not only the locations or territories to be served but also the volumes of gas to be sold by pipelines direct to consumers, and it may define what territories are contiguous to others and may provide the manner and form for applications for certificates. Rules and orders. Section 9. The Commission may at any time after notice and opportunity to be heard and for reasonable cause suspend, revoke, alter or amend any certificate issued under this Act if it shall be made to appear that the holder of the certificate has wilfully violated or refused to observe any of the lawful and reasonable orders, rules or regulations prescribed by this Commission, or any other law of this State regulating these pipeline or

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distribution systems, or if in the opinion of the Commission the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interests. If and when the Commission shall undertake to revoke or modify any certificate on the ground that conditions are such as not to justify the number of certificates which have been granted within the territory involved, the preference shall be given to certificates in order of the time of their issuance, so that those which have been issued later in point of time shall, other things being equal, be cancelled rather than those issued earlier in point of time. Suspension and revocation. Section 10. Any such certificate may be transferred or hypothecated upon application to and approval by the Commission, and not otherwise. Section 11. Nothing in this Act shall be construed to apply to liquefied petroleum gas sold in liquid form under pressure. Section 12. Notwithstanding the provisions of any statue or ordinance to the contrary, the requirements of this Act for a certificate of public convenience and necessity shall apply to each and every person, firm or corporation, whether public or private, excepting only municipal corporations and counties of this State. Section 13. Whenever a certificate of public convenience and necessity has been issued to a gas distribution system, and a controversy arises as to whether an extension of service shall or shall not be made within the territory included in such certificate, the Georgia Public Service Commission shall have jurisdiction to determine whether or not such extension shall be made, and if so upon what terms, and in making this determination it shall consider the economic feasibility of that particular extension and the supply of gas available therefor, municipalities and counties of this State being specifically so excepted. Extensions.

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Section 14. The term person when used in this Act includes any corporation, public or private, company, person, firm, partnership, or association, except where it is specifically excepted. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1956. COMMITTEE TO CONFER WITH THE OTHER STATES. No. 4 (House Resolution No. 62) A Resolution. Creating a committee for the purpose of discussing common problems with members of legislatures from certain other States; and for other purposes. Whereas, at the present time, the State of Georgia is faced with some of the most important and complicated problems in its long history, particularly those problems having to do with segregation of the races; and Whereas, Georgia shares those problems with other sister States of the South; and Whereas, it would be extremely advantageous to the members of the General Assembly, to the Governor, and the people of this State to obtain information and knowledge as to the methods and procedures by which other States are seeking to solve this present dilemma. Now, therefore, be it resolved by the General Assembly of Georgia, that there is hereby created a committee to be composed of one (1) member of the

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House of Representatives, and one (1) member of the Senate, both to be appointed by the Governor for the purpose of visiting the legislatures of the States of Alabama, Mississippi, South Carolina, and Virginia, in order to discuss the common problems which present themselves at this time, particularly those relating to segregation of the races. Said committee shall make a report of its discussions and findings in such other States to the Governor and to the members of the General Assembly before the adjournment of this 1956 session of the General Assembly. Approved February 13, 1956. CRISP COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 6 (House Resolution No. 20-64e). A Resolution. Proposing an amendment to the Constitution so as to provide that the General Assembly of Georgia shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said city, into one school district co-extensive with the limits of Crisp County; 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 a new paragraph, to read: The General Assembly of Georgia is hereby authorized to pass a special Act or Acts to merge the

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existing independent school system of the City of Cordele and the existing school district in the County of Crisp outside the corporate limits of said city, so that the entire area of Crisp County shall constitute one school district or system, the independent school system in the City of Cordele and the existing school district in Crisp County outside said corporate limits of said city being thereby abolished. The school district so created by the General Assembly is hereby authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor. The General Assembly may provide for a new political entity, the affairs of which are to be managed by a board of education, to bear the name Crisp County Board of Education, hereinafter referred to as the board. The administration of said school system shall be vested in a board to be known as the Crisp County Board of Education. The board shall consist of six (6) members, men or women, or some of both, who at the time of their election shall be at least twenty-five (25) years of age and shall have been a bona fide resident of Crisp County for at least four (4) years. Members of the board shall be persons of good moral character, who shall have a good knowledge of the elementary branches of our English education and be favorable to the common school system. Three (3) members of said board shall be elected from qualified candidates from within the corporate limits of the City of Cordele. One member of said board shall be elected from qualified candidates from within what is known as West Crisp School District, one member of said board shall be elected from qualified candidates from within what is known as Arabi School District, and one member of said board shall be elected from

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qualified candidates from within what is known as East Crisp School District, the said three above referred areas comprising all of Crisp County outside the corporate limits of the City of Cordele. The General Assembly of Georgia may provide the time and method of holding elections for board members. The election of all six of said board members shall be by a vote of the qualified voters of the entire County of Crisp (including the qualified voters who live within the corporate limits of the City of Cordele). Regarding the first election, two (2) members of said board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of two (2) years. Two (2) members of said board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of four (4) years. Two (2) members of said board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of six (6) years. After the first board election, each succeeding member elected shall serve for a term of six (6) years. All members of the board shall hold office until their successors are elected and qualified. In case of a vacancy on said board by death, resignation, or from any cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor for the unexpired term. Each and every member of said board shall at all times have rights and privileges of voting in meetings, including the presiding officer. The board members shall have such qualifications

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and shall be paid such compensation as may be fixed by law. The said board is hereby authorized and empowered to operate, conduct, and control said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution; to contract and be contracted with; to appoint and employ teachers and to fix their salaries; and to do all and every act or acts as may be necessary for the proper maintenance and operation of a comprehensive school system throughout the limits of Crisp County. From and after the ratification of this amendment, the voters of Crisp County shall no longer elect the Crisp County School Superintendent. The General Assembly shall have authority to abolish, without a referendum, the term of the present County School Superintendent of Crisp County. The board shall elect or employ a superintendent of education and fix his salary. He shall have such qualifications as may be fixed by law. Notwithstanding any other provision of this Constitution, the fiscal authorities of Crisp County shall levy a tax for the support and maintenance of said school system, of not greater than twenty (20) mills upon the dollar (as recommended by the board), uniform through the county, of all taxable property in the county. Notwithstanding any other provision of this Constitution or any provisions of law, the commission or fees of the Tax Collector of Crisp County for collection of moneys for school purposes shall not exceed the following rates: Two and one-half percent (2%) on the first $100,000.00 collected; one percent (1%) on the second $100,000.00 collected; and one-half of one percent (%) on all amounts collected above. The above schedule of rates shall apply to all collections

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of moneys for school purposes, including that collected for operation, maintenance, bond retirement, interest payments, and for any other school purpose by whatever name called. Should the Tax Collector of Crisp County be changed from a fee to a salary, this provision shall become inoperative. The General Assembly may authorize the City of Cordele and the County of Crisp to appropriate money from their general funds to the board of education herein created, for educational purposes. The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purposes of establishing and maintaining a comprehensive system of public education throughout the limits of Crisp County. The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or any general or special laws of the State. The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant hereto. 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 Article VIII, Section V, Paragraph I of the Constitution of Georgia, authorizing the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said city, into one school district or system co-extensive with the limits of said county. Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, authorizing the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said City, into one school district or system coextensive with the limits of said county. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon.

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CHEROKEE COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 7 (House Resolution No. 17-64b). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia, so as to abolish the elective office of the County School Superintendent of Cherokee County; to provide for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education; to provide that the Cherokee County Board of Education shall fix the qualification, duties, responsibilities, authorities, and compensation of the County School Superintendent of Cherokee County; to provide for the submission of this amendment for ratification or rejection; to provide an effective date; to provide that the superintendent elected to take office January 1, 1957, shall serve the entire term for which he is elected, unless a vacancy occurs; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof the following: The elective office of a County School Superintendent of Cherokee County is hereby abolished. The County School Superintendent of Cherokee County shall be appointed by and serve at the pleasure of the Cherokee County Board of Education. The Cherokee County Board of Education shall fix the qualification, duties, responsibilities, authorities and compensation of the County School Superintendent of Cherokee County.

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This amendment shall become effective upon the ratification of an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, providing for the merger of the Canton Independent School System and the Cherokee County School System into the Cherokee County School System and the election and qualification of the members of the Cherokee County Board of Education as provided therein. The person elected county school superintendent at the general election in 1956 to take office January 1, 1957, shall serve the entire term for which he is elected, but in the event a vacancy occurs prior to the expiration of such term of office, the Cherokee County Board of Education shall appoint a superintendent as provided hereinbefore. No future elections by the people shall be held for the position of county school superintendent. 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 VIII, Section VI, Paragraph I of the Constitution of Georgia so as to provide for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education, and to provide that such board shall fix his qualification, duties, responsibilities, authorities and compensation.

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Against ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia so as to provide for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education, and to provide that such board shall fix his qualifications, duties, responsibilities, authorities and compensation. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon. DOUGHERTY COUNTY BUILDING PERMITS. Proposed Amendment to the Constitution. No. 9 (House Resolution No. 33-96f). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a building code; to prescribe the procedure connected therewith; 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 III, Section VII, Paragraph XXIII of the Constitution, relating to zoning and planning laws, is hereby amended by adding at the end thereof the following: The governing authority of Dougherty County is hereby authorized to issue and require building permits for all buildings and structures which are to be constructed in Dougherty County outside the corporate limits of any municipality, and to charge fees for such permits, which, in the discretion of the governing authority, shall not exceed the actual cost of any inspections which must be made relative to the issuance of such permits plus an amount which, in the discretion of the governing authority, should be charged to help defray the cost of the administration of this provision. The governing authority is further authorized to establish a building code governing all such construction, and to refuse building permits in cases where such construction does not conform with such code and cases where the governing authority, in its discretion, decides that the land upon which such construction is to be performed is unsatisfactory from a drainage or sanitary standpoint. The governing authority is hereby authorized to employ personnel to assist in carrying out the purposes of this provision, and is authorized to delegate to such personnel such of its duties as it deems advisable, except that the final decision as to whether the permit shall be issued and the fee to be charged therefor shall rest with the governing authority, rather than such personnel. 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

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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 governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a building code. Against ratification of amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a building code. 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 issue his proclamation thereon.

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CHAPEL IN STATE CAPITOL No. 11 (House Resolution No. 43). A Resolution. To set aside one room in the State Capitol, as a chapel, dedicated to prayer and meditation, for the peaceful worship of Almighty God, when suitable space becomes available, and for other purposes. Whereas, the members of this General Assembly and other officers vested with the authority of governing the State are confronted daily with problems of a grave and serious nature; and Whereas, there is an ever-present need on the part of those charged with the duty of government to seek the divine guidance of Almighty God in prayer and meditation; and Whereas, it is fitting and proper that a special place be set apart for those who wish to commune with God in peaceful worship according to the dictates of their own faith; and Whereas, the relocation of the appellate courts and other departments of government will render more space available inside the walls of this Capitol; Therefore, be it resolved by the House of Representatives, the Senate concurring, that one room in this building be set apart as a chapel, dedicated to prayer and meditation, for the peaceful worship of Almighty God. Be it further resolved that this chapel be nonsectarian and non-denominational in character, open to persons of every religious faith. Let a copy of this resolution be transmitted to the

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Secretary of State with the request that this matter be presented to the appropriate authorities when suitable space becomes available. Approved February 13, 1956. POLK COUNTY SCHOOL SUPERINTENDENT Proposed Amendment to the Constitution No. 12 (House Resolution No. 50-130b). A Resolution. Proposing an amendment to the Constitution, so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education; 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 relating to county boards of education, as amended by a resolution found in Georgia Laws 1947, page 1764, which added provisions relative to the County Board of Education and County School Superintendent of Polk County, is hereby amended by striking from that portion added by the aforesaid resolution of 1947, the following: There shall be a county school superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed county school superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal requirement as to local residence shall not be applicable. From and after

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the ratification of this amendment the voters of Polk County shall no longer elect a county school superintendent., and inserting in lieu thereof the following: The County School Superintendent of Polk County shall be elected by the electors of Polk County instead of by the county Board of Education of Polk County. The county school superintendent as provided for hereinafter shall be subject to all constitutional provisions and all statutory provisions relative to the county school superintendent unless such provisions are in conflict with the provisions of this amendment. In the event this amendment is ratified, it shall be the duty of the Ordinary of Polk County to hold and conduct an election for the purpose of electing a County School Superintendent of Polk County. The ordinary shall set the date of such election either for December 17, 18, 19, 20 or 21st in the year 1956. The person elected at such election shall take office January 1, 1957 for a term of four years and until his successor is elected and qualified. The ordinary shall cause the date and purpose of such election to be published at least once in the official organ of Polk County preceding the date thereof. The ordinary shall certify the results of the election and he shall also certify the results thereto to the Secretary of State. All future elections shall be held at the same time as other county officers of Polk County are elected. The person serving as county school superintendent at the time of the ratification of this amendment shall continue to serve through December 31, 1956. 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,

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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 Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education. Against ratification of amendment to Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon. BOUNDARY COMMITTEEEXPENSES. No. 13 (House Resolution No. 133). A Resolution. Whereas, the legislature of Alabama created a committee to negotiate with a similar committee from the

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State of Georgia with regard to changing the boundary between Georgia and Alabama, and Whereas, Governor Marvin Griffin at the request of Governor Folsom of Alabama, appointed a committee of the General Assembly of Georgia comprised of Speaker Moate, Rep. John Nilan, Rep. Leon H. Baughman, Sen. Nelson C. Coffin and Sen. William Burton Steis to meet with the Alabama delegation, now Therefore, be it resolved by the House of Representatives with the Senate concurring, that the aforesaid members of the boundary committee be paid from funds appropriated for the operation of the General Assembly. Approved February 13, 1956. ATTORNEY-GENERAL OF U. S. CENSURED. No. 14 (House Resolution No. 51). A Resolution. To censure the Attorney-General of the United States, Herbert Brownell, and the Federal Bureau of Investigation, for their flagrant invasion into the affairs of Cobb County and the State of Georgia; and for other purposes. Whereas, the Federal Bureau of Investigation, acting under the direction of the Attorney-General of the United States, has deemed it proper to investigate the Court and the Solicitor-General of the Cobb Judicial Circuit, as a result of the conviction of one Amos Reece, and Whereas, said investigation was the first of its kind in the history of the United States of America; and

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Whereas, said investigation was a direct and vicious invasion into the power and authority of the State of Georgia, by the government of the United States for purely political reasons; and Whereas, said investigation was a flagrant violation of the Constitution of the United States, and the Constitution of the State of Georgia, and a serious breach of the rights of the several States of the Union, unprecedented during the existence of this great nation; and Whereas, the House of Representatives, and the Senate of the State of Georgia concurring, do strongly resent this invasion and unwarranted intervention, by the United States Government, into the affairs of this State strictly within the jurisdiction of the individual States of the Union, as guaranteed by Article X, of the Constitution of the United States, as follows: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Now, therefore, be it resolved, that the Attorney-General of the United States, Herbert Brownell, and the Federal Bureau of Investigation be severely censured and reprimanded for said investigation within the Cobb Judicial Circuit 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 each member of the United States Congressional delegation from the State of Georgia. Approved February 13, 1956.

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ACCREDITING OF HIGH SCHOOLS. No. 15 (House Resolution No. 136). A Resolution. Whereas there are counties in Georgia where the building program has not been completed. Whereas there are counties that have not consolidated their high schools of below 100 ADA. Whereas, these schools will be dropped from the accredited list unless the ADA. for an accredited high school is set at 60 ADA. Therefore be it resolved by the House of Representatives, the Senate concurring, that this General Assembly go on record as favoring the ADA required for an accredited high to be set by the Georgia Accrediting Commission at 60 ADA. Be it further resolved that the Clerk of The House of Representatives and the Secretary of the Senate are instructed to forward a copy of this resolution to each and every member of the Georgia Accrediting Commission and the State Board of Education. Approved February 13, 1956. CITY OF ALBANYPROMOTION OF INDUSTRIES Proposed Amendment to the Constitution. No. 16 (House Resolution No. 41-110a). A Resolution. Proposing an amendment to Article VII, Section V, Paragraph I of the Constitution, so as to authorize the

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City of Albany in Dougherty 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 new industries in or near the City of Albany; to authorize the purchase of land and the erection of buildings and other facilities to be rented or leased to industries; to provide a board to render advice respecting the use of such fund, buildings, land or facilities; 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 Albany in Dougherty 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 in assisting, promoting and encouraging the location of industries, in or near the City of Albany. Such fund may be used to pay entertainment, travel advertising and other promotional expenses to encourage the location of industries in or near said city, and to purchase land and erect buildings or other facilities to be rented or leased to industries. A board composed of the Mayor, President of the Albany Chamber of Commerce and one citizen appointed by the Board of Directors of the Albany Chamber of Commerce shall advise the governing authorities of the City of Albany on the administration and use of such fund, and of all such lands, buildings or facilities, and no expenditures may be made from such fund and no contracts entered into with respect thereto without the written concurrence of a majority of said advisory board with a majority of the governing body of the City of Albany.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. 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 Albany 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 industries in or near said city. Against ratification of amendment to Article VII, Section V, Paragraph I of the Constitution, so as to authorize the City of Albany 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 industries in or near 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

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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. AID TO FARMERSMEMORIAL TO CONGRESS. No. 18 (House Resolution No. 107) A Resolution. Commending our United States Senators and Congressmen for their manifest interest and cooperation toward assisting our farmers at all times, and Whereas, by reason of legislation creating trade barriers through the medium of reciprocal agreements, licenses, order, and foreign agreements by the State Department our farmers in this country are in a desperate predicament, and Whereas, by reason of world economic conditions and competition from cotton, cottonseed, meat, oils, peanuts and other products including textiles from foreign countries with living standards below that of this country and using 13 or less per hour labor, and Whereas, our government policies have for the past few years been one to cut production in our domestic crops, and at the same time this country is furnishing technical experts to give all the nations of the world our know how in production and industry which will further make our farmers' plight harder, and Whereas, our government has allowed and licensed imports from foreign countries of cotton, manufactured goods, meat, oils, peanuts to be shipped into this country which tends to put our farmers and industry out of business, and

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Whereas, under the tremendous importing into this country from low wage countries will tend to destroy organized labor of high standard wages in the country, and Whereas, our national administration has followed the leadership of senators from States that do not raise any cotton, cottonseed or peanuts to initiate a sliding scale parity on cotton, cottonseed, peanuts, and other crops below the cost of production, and Whereas, we believe parity should be fixed at not less than 90 percent on all commodities grown in this country, and Whereas, our farmers are the backbone of this country and by reason of international conniving have been forced to move from the farm to the city in large numbers, and Whereas, for the welfare of our farmers we urge that the administration and the Congress first give consideration to our farm economy in this country before it is too late. Therefore, this General Assembly of Georgia respectfully urge you to present to the President, Secretary of Agriculture, and to Congress, our plea for fair consideration to our farmers in this country at once. Approved February 13, 1956.

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CHEROKEE COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 19 (House Resolution No. 16-64a). 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 merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system; to create a board of education having authority to operate said school system; to provide for the members of said board; 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 of Georgia, is hereby amended by adding at the end thereof the following: That the existing independent school system of the City of Canton and the existing school system in the County of Cherokee outside the corporate limits of said city, are hereby merged into one school system, co-extensive with the limits of Cherokee County, and the said existing independent school system of the City of Canton and the school system of Cherokee County outside the corporate limits of said City of Canton are hereby abolished. Said merged school districts shall constitute a new school system and districts, and shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Canton and the County of Cherokee, and shall be known as the Cherokee County School System. The school system so created is authorized to incur

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bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor. The said Cherokee County School System is hereby vested with the power to conduct a system of public education throughout the limits of Cherokee County and with all powers and authorities granted to public school systems and districts by the Constitution and laws of the State of Georgia. The administration of said Cherokee County School System shall be vested in a board, to be known as the Cherokee County Board of Education, hereinafter referred to as the board. Said board shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the purposes of this amendment. Said board shall consist of seven members, two of whom shall reside within the corporate limits of the City of Canton in the Canton Militia District, one of whom shall reside in the Canton Militia District outside the corporate limits of the City of Canton, and one of whom shall reside in each school district of Cherokee County lying outside the Canton Militia District, as herein provided. For the purposes of electing the members of the board, Cherokee County is hereby divided into five (5) districts, as follows: (1) The Canton District, comprising the Canton Militia District; (2) The North Section, comprising the Ball Ground, and Conns Creek Militia Districts; (3) The East Section, comprising the Cross Roads, Little River, Mullins, and Hickory Flat Militia Districts; (4) The South Section, comprising the Woodstock,

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Wildcat, Lickskillet, Bells, and Sixes Militia Districts; and (5) The West Section, comprising the Salacoa, Harbins, Clayton and Fair Play Militia Districts. Thereafter, the boundaries of each district shall be changed by the General Assembly of Georgia. No person shall be elected to said board who does not reside within the district which such person is to represent. Each member of the board shall be elected by the qualified voters of his school district, except that the qualified voters of the Canton District within the corporate limits of the City of Canton shall elect from the citizens of the Canton District within the corporate limits of the City of Canton two (2) freeholders and the qualified voters of the Canton District outside the corporate limits of the City of Canton shall elect from the citizens of the Canton District outside the corporate limits of the City of Canton one (1) freeholder. The qualified voters of each of the other four (4) school districts shall elect from the citizens of their respective school district a freeholder. Each member shall be elected for a term of seven (7) years, except that the first election of board members under this provision shall be for such terms as will provide for the expiration of the term of one member of the Cherokee County Board of Education each year. Within fifteen days after the ratification of this amendment, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election to be held within the school districts, as herein provided, to elect members of the board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a successor to the member whose term expires that year shall be held on the

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Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assembly is hereby authorized to change the election day herein provided. At the election called upon ratification of this amendment, the candidate from the Canton District within the corporate limits of the City of Canton receiving the largest number of votes within the corporate limits of the City of Canton shall serve for a term of seven (7) years. The candidate from the Canton District within the corporate limits of the City of Canton receiving the second largest number of votes within the corporate limits of the City of Canton shall serve for a term of one (1) year. The candidate from the Canton District outside the corporate limits of the City of Canton receiving the largest number of votes in the Canton District, outside the corporate limits of the City of Canton shall serve for a term of four (4) years. The candidate from the North Section receiving the largest number of votes in the North Section shall serve for a term of two (2) years. The candidate from the East Section receiving the largest number of votes in the East Section shall serve for a term of three (3) years. The candidate from the South Section receiving the largest number of votes in the South Section shall serve for a term of five (5) years. The candidate from the West Section receiving the largest number of votes in the West Section shall serve for a term of six (6) years. Members of the board shall serve their term and until their successors are elected and qualified. Vacancies on said board shall be filled by the remaining members of the board, except that the grand jury shall appoint the member for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents. With respect to the initial operations of the school

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system herein created, the Board of Education of Cherokee County, as provided for before this amendment becomes a part of this Constitution, shall exercise all powers necessary in order to effectuate the purposes of this amendment until the election provided herein is held and the members of the board are elected and qualified. The General Assembly is authorized to pass such laws and legislation as may be necessary to the operation, conduct and control of said Cherokee County School System and its fiscal affairs, including the right and authority to create indebtedness not in conflict with the Constitution of Georgia, and to enable said Cherokee County School System to contract, and be contracted with, and to do any and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Cherokee County, and to effectuate the purposes of this amendment. The General Assembly may authorize the City of Canton and the County of Cherokee to appropriate money from the general funds to the board for educational purposes, and may grant unto said board all the powers of eminent domain, with all the remedies to execute such powers provided by any other laws of Georgia. The property of the Independent School System of the City of Canton and the property of the existing school system in the County of Cherokee outside the corporate limits of said city shall become the property of the Cherokee County School System as of the effective date of this amendment. The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers granted herein are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of

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public education throughout the limits of Cherokee County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945 as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee. Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against

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the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. DOUGHERTY COUNTYPAVING. Proposed Amendment to the Constitution. No. 20 (House Resolution No. 28-96a). A Resolution. Proposing an amendment to the Constitution so as to provide for the paving of streets in Dougherty County, and to authorize the cost thereof to be assessed against the property on each side of such streets; 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 XI, Section I, Paragraph I of the Constitution, relating to counties and the boundaries thereof, is hereby amended by adding at the end thereof the following: The governing authority of Dougherty County is hereby authorized to provide for the construction and maintenance, which shall include paving, of streets, sidewalks or curbing, either one or a combination of

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two or more, in the urban areas of such county outside the corporate limits of any municipality located in such county, and to assess the cost thereof on a lineal foot basis against the abutting property owners. The governing authority is further authorized 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 ratification of amendment to the Constitution so as to provide for the paving of streets in Dougherty County and to authorize the cost thereof to be assessed against the property on each side of such streets. Against ratification of amendment to the Constitution so as to provide for the paving of streets in Dougherty County and to authorize the cost thereof to be assessed against the property on each side of such streets. 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 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 issue his proclamation thereon. TOBACCO ALLOTMENTSLEASING. No. 21 (House Resolution No. 132). A Resolution. To request that tobacco farmers be permitted to continue leasing tobacco allotments, and for other purposes. Whereas, under existing rules and regulations, tobacco farmers are not permitted to lease tobacco allotments; and Whereas, many of the allotments are so small that it is impracticable and unprofitable, for farmers to cultivate their allotment; and Whereas, the leasing of small allotments has been practiced over many years in this State to the advantage of the farmers of Georgia; and Whereas, to prohibit the leasing of tobacco allotments will result in an enormous economic loss to the farmers of this State: Now, therefore be it resolved by the General Assembly of Georgia, that the United States Department of Agriculture be requested to rescind its prohibition against the leasing of tobacco allotments.

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Be it further resolved, that in the event that the prohibition be not removed, that tobacco farmers be permitted to comply with leases of such tobacco allotments now in existence. Be it further resolved, that a copy of this Resolution be transmitted to the Secretary of Agriculture of the United States and to each member of the Georgia Delegation to the United States Congress. Approved February 13, 1956. HEARD COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 22 (House Resolution No. 21-64f). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Heard County; to prescribe 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 Heard County shall be composed of five members, who shall be elected by the voters of the entire county. No person who resides in any part of Heard County which is embraced within the territory of an independent school system shall be

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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 been a citizen of Heard County for at least one year immediately preceding the date of the election and unless he has at least a high school education. In the event this amendment is ratified, it shall be the duty of the Ordinary of Heard County to issue a call for an election, which call shall be issued at least ten days prior to the date of such election and the ordinary shall set the date for such election for a day between the 15th and 20th days of December inclusive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Heard County created under this amendment, and it shall be the duty of the ordinary to publish the date of the election, and the purpose thereof in the official organ of Heard County at least once preceding the date of the election. 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 on the first day of January immediately following their election. 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 county board of education as provided for herein 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. The Board of Education of Heard County in effect at the time of the ratification of this amendment shall

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be abolished effective December 31, 1956, and the terms of office of all members of such board shall expire on such 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 Constitution so as to provide for the election of the members of the Board of Education of Heard County. Against ratification of amendment to Constitution so as to provide for the election of the members of the Board of Education of Heard County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon.

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PORT FACILITIES IN RICHMOND COUNTY. No. 23 (House Resolution No. 204-561c). A Resolution. Authorizing the establishing and leasing of port facilities in Richmond County; and for other purposes. Whereas, the purpose of developing an inland port on the Savannah River in Richmond County has been thoroughly examined and it has been conclusively shown that the development of a port at this location is highly desirable, and will be of great benefit to the people of Georgia, and Whereas, the establishing of a constant nine-foot channel on the Savannah River between Augusta and the Atlantic ocean is now becoming a reality, and Whereas, the City of Augusta and the Board of Commissioners of Richmond County will execute deeds to the State of Georgia for sufficient land adjacent to the Savannah River in Richmond County in order that a port be established, Now, therefore, be it resolved by the General Assembly of Georgia, that after the State of Georgia acquires the necessary property aforesaid, the Governor is hereby authorized to expend from any available funds the sum of $250,000.00 for the purpose of constructing the necessary building terminals and other port facilities on such property, and is further authorized upon completion of such facilities to lease the same to the Georgia Ports Authority. Approved February 17, 1956.

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DOUGHERTY COUNTYPROMOTION OF INDUSTRIES. Proposed Amendment to the Constitution. No. 24 (House Resolution No. 42-110b). A Resolution. Proposing an amendment to Article VII, Section IV, Paragraph 1 of the Constitution, so as to authorize Dougherty County to levy a tax not exceeding one mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County; to provide that such fund may be used to purchase land and erect buildings or other facilities to be rented or leased to industries; to provide a board to advise the governing authorities of Dougherty County on the administration and use of such land, lands, buildings or facilities; 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 IV, Paragraph 1 of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end of Paragraph 1 the following: Provided, however, that Dougherty County is authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County. Such fund may be used to pay entertainment, travel, advertising and other promotional expenses to encourage the location of industries in or near said city and to purchase land and erect buildings or other facilities to be rented or leased to industries.

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A board composed of one member appointed by the governing authorities of Dougherty County, the President of the Albany Chamber of Commerce and one citizen appointed by the Board of Directors of the Albany Chamber of Commerce shall advise the governing authorities of said county on the administration and use of such fund and of all such land, buildings or facilities, and no expenditure may be made from such fund and no contract entered into with respect thereto without the written concurrence of a majority of said advisory board with a majority of the governing body of said county. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section 1, 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 Article VII, Section IV, Paragraph I of the Constitution so as to provide that Dougherty County may levy a tax, not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County. Against ratification of the amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that Dougherty County may levy a tax, not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County.

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All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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. STATE BOARD OF DISPENSING OPTICIANS. No. 107 (House Bill No. 27). An Act creating a board to be known as the State Board of Dispensing Opticians; providing a method for the appointment of the members of said board; defining the trade or occupation of dispensing opticians; providing for the examination and regulation of dispensing opticians and placing all dispensing opticians under the jurisdiction of the State Board of Dispensing Opticians; providing for license tax on person engaging in such trade or occupation; prohibiting the sale of eye-glasses, spectacles, artificial eyes, lenses, contact lenses, and optical devices, except as provided for by this Act; providing for the licensing of dispensing opticians having a license to practice at the time this Act becomes a law; providing for the manner of enforcing the provisions of this Act; fixing the penalties for the violation of the terms and provisions thereof; defining the jurisdiction of said Board of Dispensing

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Opticians; repealing all laws or parts of laws in conflict herewith and providing 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 same: Section 1. This Act is enacted in the exercise of the police powers of the State and its purposes generally are to protect the public health, welfare and safety by providing for the regulation of the sale, dispensing and supplying of all ophthalmic appliances, eyeglasses, and all aids to human vision to the ultimate wearer or consumer in this State. Purpose of Act. Section 2. A dispensing optician is defined as one who prepares and dispenses lenses, spectacles, eye glasses and optical devices to the intended user thereof on the written prescription of a physician or optometrist, duly licensed to practice his profession. A dispensing optician may duplicate lenses without prescription, provided that said dispensing optician shall not engage in the diagnosis of the diseases of the human eye or attempt to determine the refractive powers of the human eyes or, in any manner, attempt to prescribe for or treat diseases or ailments of human beings. A dispensing optician who qualifies under this Act shall be determined and recognized as engaging in a lawful trade or occupation in the State of Georgia; the State Board of Dispensing Opticians shall have exclusive jurisdiction in the enforcement of this Act over all persons engaged in business as dispensing opticians, whether licensed or unlicensed; provided, however, that nothing herein contained shall be construed as limiting or in anywise abrogating the power or authority of any board or commission created under any of the laws of Georgia defining and regulating any profession, to enforce the provisions of such respective laws, or exercising any of the powers contained in such laws against violators thereof, even though engaged in the business of dispensing optician. Dispensing opticians. Section 3. Any person wishing to obtain the right to

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practice the trade or occupation of dispensing optician as hereinbefore defined shall, before it shall be lawful for him to do so in the State of Georgia, make application to the Georgia State Board of Dispensing Opticians, upon such form and in such manner as shall be adopted and prescribed by said board and obtain a license from the board so to do. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice the trade or occupation of dispensing optician in the State of Georgia, and he shall be subject to the penalties hereinafter prescribed. The board shall admit to examination any candidate who pays the fee provided for in this Act and submits evidence satisfactory to the board, verified on oath, that (1) The applicant is more than 21 years of age; (2) Has completed a high school education or its equivalent as may be defined by the State Board of Education; (3) The applicant is of good moral character; (4) The applicant has satisfactorily completed a one school year of not less than 850 hour course of study in a recognized school of optical dispensing or has had practical training and experience of a grade and character satisfactory to the board for not less than two (2) years under the supervision of a dispensing optician, a licensed physician, or a licensed optometrist; provided, however, that any time spent in a recognized school shall be considered as part of the apprenticeship period provided herein. Qualifications. Applicants for examination may be examined by the said board upon matters pertaining to mathematics and physics, ophthalmic materials and laboratory technique, ophthalmic optics, ophthalmic dispensing and practical subjects. When any applicant passes the necessary examination and meets the qualifications hereinabove set out, the State Board of Dispensing Opticians shall issue a license

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to such person to practice the trade or occupation of dispensing optician. Such license shall be conspicuously displayed in the office or place of business of the dispensing optician and it shall not be necessary to remove the same so long as such dispensing optician continues to practice his trade or occupation in the State of Georgia and said license is not revoked or suspended by the State Board of Dispensing Opticians. Licenses. Section 4. Examination of applicants for license to practice the trade or occupation of dispensing optician shall be made by the State Board of Dispensing Opticians, consisting of five (5) licensed dispensing opticians, according to the methods and covering subject matter deemed by it to be the most practical and expeditious to test the applicant's qualifications. The board may require the examination to be both written and oral. There shall be paid to the Joint-Secretary of the State Examining Boards by each applicant for license an examination fee of twenty five ($25.00) dollars, which is accompanied by the application. No part of any fee is returnable under any circumstances. Failure to pass a satisfactory examination shall not debar applicant from participating in subsequent examinations before said board upon complying with the provisions of this Act. Examinations. Section 5. There is hereby created the State Board of Dispensing Opticians, which said board shall supervise the practice of dispensing opticians and enforce the provisions of this Act, and which said board shall be composed of five (5) licensed dispensing opticians, each of whom shall be a resident of the State of Georgia who has been engaged in the practice of dispensing optician in said State for not less than five years preceding the time of his appointment. The members of said board shall be appointed by the Governor of the State of Georgia, and each such appointee shall hold office for a period of four years, or until his successor is appointed and qualified, except as hereinafter provided. Within thirty (30) days after this Act becomes a law, it shall be the duty of the Governor to appoint five (5) qualified dispensing

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opticians to said board, in the manner following: One member shall be appointed for one year; one member shall be appointed for two years; one member shall be appointed for three years; and two members shall be appointed for a full term of four years; thereafter, all appointments shall be made for a term of four years. The Governor is also empowered to fill vacancies that may occur from time to time to said board with persons duly qualified. Immediately after said appointment aforesaid, the said board shall convene and organize by selecting from among their own number a chairman and a vice-chairman and shall adopt rules and regulations governing the examination of applicants, the enforcement of the provisions of this Act and shall establish a code of ethics and standards of practice for dispensing opticians and such other rules and regulations governing procedure as shall be necessary and proper for the carrying out of the objectives of this Act. Said board shall, however, provide for meetings at least twice each year for the purpose of receiving applications and giving examinations as above provided and may meet at other times and at such places as the board shall designate from time to time or fix by regulations. The State Board of Dispensing Opticians may administer oaths, summon witnesses, take testimony in all matters relating to its duties. Said board shall issue license to practice the trade or occupation of dispensing optician to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this Act, and the rules and regulations of the board, such license shall be signed by the chairman and attested by the Joint-Secretary of the State Examining Boards, and it shall give absolute authority to the person to whom it is issued, to practice the trade or occupation of dispensing optician in this State. Board of Dispensing Opticians. Section 6. The State Board of Dispensing Opticians shall have an official seal and shall keep a record of its proceedings, a register of persons licensed as dispensing opticians and a register of persons whose licenses have been revoked. Records.

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Its records shall be open to public inspection, and it shall keep on file all examination papers for a period of ninety days after each examination. A transcript of an entry in such records, certified by the Joint-Secretary of the State Examining Boards, under the seal of the board, shall be evidence of the facts therein stated. Section 7. It shall be lawful for a dispensing optician to advertise; provided that such optician dispenser does not advertise in any manner that would tend to mislead or deceive the public or that would in any manner discredit others in the eye care field. Advertising. It shall also be unlawful for any dispensing optician, either directly or indirectly, to participate in any manner in the division, assignment, rebate, splitting or refunding of service fees or cost of completed eye-glasses or parts thereof, with a physician, optometrist, or other person or persons. Service fees. Section 8. Any resident of the State of Georgia engaged in the trade or occupation of dispensing opticians, or who is engaged as a dispensing optician as an employee of a licensed physician or a licensed optometrist or a licensed dispensing optician, and who is so engaged at the time of the passage of this Act, shall be entitled to receive a license upon submitting proof of such practice to the State Board of Dispensing Opticians within a period of six months after the effective date of this Act, upon forms prescribed by said board and the payment of the fee aforesaid; otherwise, said dispensing opticians will be required to pass an examination in the same manner as other applicants. Nothing herein contained shall be construed to mean that an employee of a licensed physician or a licensed optometrist shall be required to secure a license under this Act, or be otherwise subject to the provisions of this Act, so long as said employee is working exclusively for and under the direct supervision of said licensed physician or said licensed optometrist or licensed optician and does not hold himself out to the public generally as a dispensing optician. Present practicioners.

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Section 9. Any person who has been duly licensed to practice as a dispensing optician in any State of the United States which has a standard of qualifications and examination for such practice at least as high as that provided for in Georgia by this Act, and who has been principally engaged in said practice pursuant to such license, for a period of not less than two years preceding may, upon proper application to the board and upon payment of the sum of twenty five ($25.00) dollars in lieu of examination and registration fees, be issued a Certificate of Registration without examination and shall thereupon be authorized to practice as a Registered Dispensing Optician in this State subject to the provisions of this Act and rules and regulations of the board. Provided, that such State accords similar privilege to those wanting licenses issued by this State; and provided further that the applicant shall not have previously failed to pass an examination required in this State within five years, and that he intends to reside and practice as a dispensing optician in this State. Licenses of other States. Section 10. Nothing in this Act shall be construed to prevent the sale of spectacles for reading purposes, toy glasses, goggles or sun glasses consisting of plano white, plano colored or plano tinted glasses, or ready made non-prescription glasses, nor shall anything in this Act be construed to affect in any way the manufacturing and sale of plastic or glass artificial eyes or any persons engaged in said manufacturing or sale of plastic or glass artificial eyes. Construction of Act. Section 11. All persons practicing as a dispensing optician shall register with the Joint-Secretary of the State Examining Boards and shall pay an annual registration fee of fifteen ($15.00) dollars on or before January 10th in each year. Failure to register and pay this fee shall forfeit the certificate of such delinquent but he may be reinstated by paying all registration dues and an additional penalty of ten ($10.00) dollars. Registration. Section 12. All fees provided for in this Act shall be

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paid in advance to the Joint-Secretary of the State Examining Boards, who shall remit the same to the State Treasurer to be held as a fund for the use of the said State Board of Dispensing Opticians as provided in this Act and in Chapter 84-1 of the Code of Georgia. No funds shall be paid out unless authorized by the chairman of the board and the joint-secretary, and no expenses shall be created in excess of the fees herein provided. Such funds shall be applied as contemplated by Chapter 84-1 of the Code of Georgia and to pay a reasonable compensation to the members of the board. Fees. Section 13. Any person who shall practice the trade or occupation of dispensing optician as defined in this Act, without first complying with the provisions of this Act, or who shall violate any of the provisions of the sections of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than five hundred ($500.00) dollars or by imprisonment of not more than six (6) months in the county jail, or both. This Act, however, shall not apply to licensed physicians or optometrists licensed under the laws of the State of Georgia, and who, at the time of the effective date of this Act, shall be engaged in optical dispensing. This Act, however, shall not now or hereafter apply to physicians or optometrists licensed under the laws of the State of Georgia, nor shall such licensed physicians or optometrists be subject to the jurisdiction of the State Board of Dispensing Opticians herein created. Violations. Section 14. Nothing in this Act shall be construed to authorize or permit any person to hold himself out as being able to, or either offer, undertake or attempt, by any means or method, to examine eyes, or to diagnose, treat, correct, relieve, operate or prescribe for any human ailment, deficiency, deformity, disease, injury, pain or physical condition. Nothing in this Act shall be construed to limit or restrict, in any respect, the practice of medicine by duly licensed physicians authorized to practice under Chapter 86-9 of the Code of Georgia or the practice

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of optometry by duly licensed optometrists, authorized to practice under Chapter 84-11 of the Code of Georgia. Nothing in this Act shall be construed to limit or restrict a duly licensed physican or optometrists from the practices enumerated and defined in this Act, and such licensed physician or optometrist shall have all the rights and privileges which may accure under this Act to dispensing opticians licensed hereunder. Nothing in this Act shall be construed to impede, limit, prevent or restrict the furnishing, selling, or supplying of any commodities or services by any manufacturer, wholesaler, jobber, vendor or distributor of any commodities or services to any manufacturer, wholesaler, jobber, vendor or distributor thereof, or to, or as agent for any physician, optometrists or dispensing optician, or to any clinic, infirmary or hospital, or to any school, college or university. Nothing in this Act shall be construed to prohibit an unlicensed person from performing merely mechanical work upon inert materials in an optical office or laboratory. The services and appliances relating to optical dispensing shall be dispensed, furnished or supplied to the intended wearer or user thereof only upon prescription issued by a physician, or an optometrist; but duplications, replacements, reproductions or repetitions may be done without prescription, in which event any such act shall be construed to be optical dispensing the same as if performed on the basis of an original written prescription. Construction of Act. Section 15. The State Board of Dispensing Opticians shall refuse to issue its certificate of registration and may revoke its certificate of registration issued to any person who is not of good moral character, or who commits an act involving moral turpitude, or who is guilty of highly unprofessional conduct, or whose certificate was issued through error, fraud or perjury; provided, that in all such cases the board shall serve written notice of the charges on such accused person at least ten days prior to the date set for hearing, and said person shall be notified to appear before the board to answer the charges at such times and place as the board may direct. Such notice shall plainly set forth the charges made, and notify

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the accused person to appear to answer the same. On such hearing, if the charges are found true, the accused having the right to produce witnesses in his behalf and cross-examine those testifying against him, the board shall render judgment against him after such hearing. Refusal and revocation of certificates. Section 16. Any person whose license has been revoked or suspended by the board may appeal to the Fulton County Superior Court for a trial de novo by filing with the clerk a certified copy of the charge heard by the board and his petition requesting a trial. The board shall make certified copies of any charges upon demand of the applicant. When the copy of the charge is lodged with the Clerk of the Fulton County Superior Court and the required deposit of court cost is paid within ten days after the board's findings, the appeal shall be considered perfected and shall be docketed and stand for trial. No such appeal shall operate as a supersedeas to such revocation or suspension. Appeal. Section 17. If any section, part of section, provision, word or clause in this Act shall be held unconstitutional, ineffective, invalid, inapplicable or void, then such holding shall not affect the constitutionality, effectiveness, validity or applicability of any other section, part of section, provision, word or clause of this Act, it being expressly declared to have been the intention of the legislature in such event to pass this Act with such unconstitutional, ineffective, invalid, inapplicable, or void section, part of section, provision, word or clause of this Act eliminated. Section 18. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1956.

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CONVEYANCE OF LAND IN PIERCE COUNTY. No. 26 (Senate Resolution No. 14). A Resolution. To authorize the Governor acting on behalf of the State to convey certain property in Pierce County; and for other purposes. Whereas, a certain parcel or lot of land in the County of Pierce was conveyed to the Commissioner of Agriculture of the State of Georgia on October 5, 1946; 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 any other purpose; and Whereas, said property is surplus property of the State; and Whereas, Pierce County desires to obtain title to said property: 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 governing authority of Pierce County the following described property, to wit: All that certain tract or parcel of land in the City of Blackshear, County of Pierce, State of Georgia, containing nine and seven tenths (9.7) acres, more or less, and bounded northeast by run of a certain branch or drain southeast by right-of-way of the Atlantic Coast Line Railroad Company, southeast by land of Simon James, and northeast by right-of-way of State Highway No. 38. Approved February 17, 1956.

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ELECTION OF MEMBERS OF GENERAL ASSEMBLY. No. 108 (House Bill No. 525). An Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other provisions of law to the contrary notwithstanding, any person who has been or who hereafter is nominated for membership in the General Assembly, either in a county primary or the State primary, shall be the nominee for such political party, and the names of such candidates shall be placed on the general election ballot as the official nominee of such party. Provided however, that no county primary in which members of the General Assembly are candidates shall hereafter be called to be conducted prior to April 15th of any year, and when so called all candidates for nomination to the General Assembly shall run therein. Section 2. Nothing in this Act shall be construed to force a political party to hold a primary for the nomination of candidates for membership in the General Assembly or for any county office. Section 3. This Act shall not apply in counties having a population of more than 115,000 according to the 1950 or any subsequent census. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1956.

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DEPARTMENT OF VETERANS' SERVICEDIRECTOR'S COMPENSATION. No. 111 (House Bill No. 416). An Act to amend an Act providing for an integrated veterans' service of Georgia and creating a State Department of Veterans' Service, approved March 8, 1945 (Ga. L. 1945, p. 319), as amended, so as to provide that the Director of the Department of Veterans' Service may receive compensation and travel expenses from the Federal Government for services rendered; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for an integrated veterans' service of Georgia and creating a State Department of Veterans' Service, approved March 8, 1945 (Ga. L. 1945, p. 319), as amended, is hereby amended by adding at the end of the first sentence of Section 5 the following: In addition to the above compensation, the State Board of Veterans' Service is hereby authorized to fix such additional compensation for the Director from Federal funds as may be authorized by the Federal Government for services performed and travel expenses incurred. so that Section 5 as so amended shall read: [Illegible Text] Act of 1945, amended. Section 5. The State Board of Veterans' Service shall fix the compensation of the Director at not more than $6,000.00 per annum from State funds payable in semi-monthly installments. In addition to the above compensation, the State Board of Veterans' Service is hereby authorized to fix such additional compensation for the Director from Federal funds as may be authorized by the Federal Government for services performed and travel expenses incurred. The Director, as executive officer of the Department of Veterans' Service and the board shall be in charge of the administration of all matters pertaining to veterans' affairs under the terms and provisions of this Act, and in conformity with rules and

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regulations of the board. It shall be the duty of the Director to furnish information to all veterans of all wars in which the United States has engaged as to their rights and benefits under Federal legislation, State legislation or local ordinances; to assist all veterans, their dependents and beneficiaries, in the preparation and prosecution of claims before appropriate Federal governmental departments; to report any evidence of incompetency, dishonesty, or neglect of duty on the part of any employee of governmental agencies dealing with veterans' affairs to the proper authority; and generally to do and perform all things for the promotion and the interest of and for the protection of the veterans of Georgia as to their rights under all Federal and State laws now or hereafter enacted. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1956. STATE BOARD OF CORRECTIONS. No. 112 (Senate Bill No. 35). An Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners; to repeal Chapter 77-2 of the Code relating to misdemeanor prisoners; to repeal Chapter 77-3 of the Code, and all amendments thereto, relating to the Board of Corrections and prisoners; to amend 27-2510 of the Code relating to successive sentences, so as to provide when sentences shall be served successively or concurrently; to amend 27-2506 of the Code relating to the punishment for misdemeanors, so as to provide where such sentences shall be served; to amend 27-2515 of the Code so as to provide that deputy wardens may be present at executions

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in lieu of the warden; to provide for the creation of a State Board of Corrections and to define its powers, duties, compensation, expenses and manner of selection; to provide for a Director of Corrections and define his manner of selection, powers, duties, expenses and compensation; to provide for rules and regulations; to provide for classification and segregation of prisoners according to race, age, diseased prisoners, first offenders, habitual criminals, mentally diseased inmates and incorrigibles; to provide for the assignment and placement of prisoners, both misdemeanor and felony, by the Director of Corrections; to provide for the care, maintenance and upkeep of prisoners; to authorize the establishment by counties of public works camps subject to approval and supervision of the State Board of Corrections; to provide for wardens, guards and other personnel, and define their qualifications, powers and terms of employment; to provide for their removal; to limit the hiring out of prisoners to governmental bodies; to prohibit the sale of prisonmade goods except in stated circumstances; to provide misdemeanor punishment for violation of the laws relating thereto; to provide for regular and extra goodtime allowances; to provide for monthly reports; to provide for inquests, to provide for court orders relative to appearance in court of prisoners as witnesses and criminal defendants to provide that existing rules and regulations of the State Board of Corrections not in conflict with this Act shall be continued of force and effect; to provide a severability clause; 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 relating to the organization, powers and duties of the State Board of Corrections and to prisons, public works camps and prisoners, and to provide a comprehensive revision of laws relating thereto. Purpose of Act. Section 2. The following laws and Acts are hereby

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repealed but in no case or event shall any prior Acts or laws previously repealed be hereby restored, revised, or re-enacted: Acts repealed. 1. Chapter 77-2 of the Code of Georgia of 1933, as amended, relating to misdemeanor convicts. 2. That Act of the General Assembly approved August 14, 1914 (Ga. L. 1914, p. 87) relating to the working of county prisoners on the streets in certain cities. 3. That Act of the General Assembly approved March 10, 1933 (Ga. L. 1933, p. 122) relating to the prohibition against working of felony or misdemeanor prisoners in certain counties. 4. That Act of the General Assembly approved February 12, 1938 (Ga. L. 1937-38, Ex. Sess., p. 352) relating to the name given to public works camps. 5. Chapter 77-3 of the Code of Georgia of 1933, as amended, which chapter relates to the Prison Commission and the control of convicts and other matters relating to prisons and prisoners. 6. That Act of the General Assembly approved August 12, 1910 (Ga. L. 1910, p. 130) relating to employment of nurses in certain county jails in this State. 7. That Act of the General Assembly approved February 24, 1933 (Ga. L. 1933, p. 123) relating to the appointment and removal of wardens in certain counties in this State. 8. Chapter 77-4 of the Code of Georgia of 1933, relating to insane convicts, escapes, guards, sales of goods to prisoners, loitering, and arrests. 9. That Act of the General Assembly approved March 30, 1937 (Ga. L. 1937, p. 483) relating to members of the Prison Commission.

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10. That Act of the General Assembly approved March 3, 1937 (Ga. L. 1937, p. 484) relating to the sale of prison-made goods. 11. That Act of the General Assembly approved March 3, 1937 (Ga. L. 1937, p. 758) relating to the Prison Commission and the direction and control of convicts. 12. That Act of the General Assembly approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 200) relating to the Prison and Parole Commission. 13. That Act of the General Assembly approved January 24, 1938 (Ga. L. 1937-38, Ex. Sess., p. 195) relating to the Penal Administration Board. 14. That Act of the General Assembly approved Februray 12, 1938 (Ga. L. 1937-38, Ex. Sess., p. 202) relating to ex-officio memberships on the Prison Commission. 15. That Act of the General Assembly approved March 21, 1939 (Ga. L. 1939, p. 106) relating to the Board of Penal Corrections. 16. That Act of the General Assembly approved March 18, 1939 (Ga. L. 1939, p. 134) relating to the election of members of the Prison and Parole Commission. 17. That Act of the General Assembly approved February 19, 1941 (Ga. L. 1941, p. 273) relating to records and files of the Prison Commission and segregation of prisoners. 18. That Act of the General Assembly approved February 19, 1941 (Ga. L. 1941, p. 292) relating to creation of the office of State Superintendent of Farms and defining its powers and duties. 19. That Act of the General Assembly approved Februray

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2, 1943, (Ga. L. 1943, p. 210) relating to the State Board of Prisons. 20. That Act of the General Assembly approved October 6, 1943 (Ga. L. 1943, Ex. Sess., p. 2) creating a State Department of Corrections and defining its powers, duties and authority. 21. That Act of the General Assembly approved February 1, 1946, (Ga. L. 1946, p. 46) creating the State Board of Corrections and defining its powers, duties and compensation. 22. That Act of the General Assembly approved March 20, 1943 (Ga. L. 1943, p. 359) relating to the segregation and assignment of prisoners. 23. That Act of the General Assembly approved February 24, 1943 (Ga. L. 1943, p. 566) relating to segregation of youthful convicts. 24. That Act of the General Assembly approved February 25, 1949 (Ga. L. 1949, p. 1236) relating to the compensation of members of the State Board of Corrections. 25. That Act of the General Assembly approved February 21, 1951 (Ga. L. 1951, p. 787) relating to insane prisoners. 26. That Act of the General Assembly approved February 25, 1949 (Ga. L. 1949, p. 1131) relating to the sale of goods produced under jurisdiction of the State Board of Corrections and the disposition of funds arising therefrom. 27. That Act of the General Assembly approved March 4, 1943 (Ga. L. 1943, p. 450) relating to the segregation of first offenders. 28. The Act of the General Assembly approved March

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8, 1945 (Ga. L. 1945, p. 268) relating to prosecution of prisoners for crimes committed while in prison and inquests held with respect to prisoners killed while in prison. 29. That Act of the General Assembly approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 14) relating to the assignment of prisoners. 30. That Act of the General Assembly approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 26) relating to county public works camp. 31. That Act of the General Assembly approved February 15, 1952 (Ga. L. 1952, p. 250) relating to the subsistence of the Director of the State Board of Corrections. 32. That Act of the General Assembly approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 188) relating to the furnishing of records of prisoners by the superior court clerks. 33. That Act of the General Assembly approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 100) relating to the assignment of prisoners in buildings deemed fire hazards, and assignment and classification of prisoners convicted of crimes involving sexual perversion. 34. That Act of the General Assembly approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 407) relating to bonds required of wardens. 35. Section 77-9907 of the Code of Georgia of 1933 relating to the offense of violating any provisions of Chapter 77-3 of the Code. 36. Section 77-9908 of the Code of Georgia of 1933 relating to the offense of hiring out convicts to private persons or corporations.

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37. Section 77-9909 of the Code of Georgia of 1933 relating to the offense of violating any of the provisions of Chapter 77-4. 38. Section 27-2504 of the Code of Georgia of 1933, providing for the form of sentences involving penitentiary imprisonment. 39. Sections 27-2522, 27-2523 and 27-2524 of the Code of Georgia of 1933, all of which relate to the disposition of convicted prisoners after sentencing. 40. Section 23-1802 of the Code of Georgia of 1933 relating to the joint establishment by two or more counties of public works camps. 41. Sections 95-1717 and 95-1718 of the Code of Georgia of 1933 relating to the use of convict labor by the State Highway Department. 42. Section 27-2914 of the Code of Georgia of 1933 relating to disposition of funds arising from the hiring out by counties of convicts. 43. That Act of the General Assembly approved March 10, 1933 (Ga. L. 1933, p. 243) relating to the salaries of wardens, guards and physicians to certain counties. 44. Chapter 38-20 of the Code of Georgia of 1933, which chapter relates to convicts as witnesses in civil cases. 45. The provisions of Chapter 77-99 of the Code of Georgia of 1933, relating to penal offenses, which are not expressly repealed by this section, are hereby continued of force and effect. Section 3. Section 27-2510 of the Code of Georgia of 1933 relating to successive sentences, is hereby repealed and the following substituted in lieu thereof. Code 27-2510 amended.

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Section 27-2510. (a) Where at one term of court a person is convicted on more than one indictment or accusation, or on more than one count thereof, and sentenced to imprisonment, such sentences shall be served concurrently unless otherwise expressly provided therein. Concurrent or successive sentences. (b) Where a person is convicted on more than one indictment or accusation at separate terms of court, or in different courts, and sentenced to imprisonment, such sentences shall be served consecutively, the one after the other, unless otherwise expressly provided therein. (c) This section shall apply alike to felony and misdemeanor offenses. Section 4. Section 27-2506 of the Georgia Code of 1933 relating to the punishment for misdemeanors is hereby repealed, and the following substituted in lieu thereof: Code 27-2506 amended. Section 27-2506. Except where otherwise provided, every crime declared to be a misdemeanor shall be punishable by a fine not to exceed $1,000, confinement in the county or other jail not to exceed six months, imprisonment not to exceed twelve months in some institution under the jurisdiction of the State Board of Corrections, any one or more of these punishments in the discretion of the judge. Punishment for misdemeanor. Section 5. Pursuant to Article V, Section V, Paragraph I of the Constitution of Georgia of 1945, there is hereby created a State Board of Corrections composed of five members appointed by the Governor with the consent of the Senate. The first appointments shall be for terms of one, two, three, four and five years respectively, and their successors shall be appointed for terms of five years each and until their successors are duly appointed and qualified. Said members shall receive no salary, but shall receive the sum of $20.00 per day for each day of actual attendance at meetings of the board or on tours of inspection, in addition to actual expenses incurred in

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connection therewith, and actual cost of transportation to and from the place of meeting or place of visits and inspection of the respective institutions of the penal system of the State by the nearest practical route from their respective homes, such expenses to be paid from funds appropriated to the Department of Corrections upon the presentation of vouchers by the members of said board, approved by the chairman and signed by the secretary. State Board of Corrections. Section 6. Nothing herein shall be construed as affecting the term of office of the present members of the Board of Corrections, the Director thereof, or of any other official or employee, but such persons shall serve out the remainder of their respective terms as provided by law prior thereto. Incumbents. Section 7. The State Board of Corrections shall meet once each month in the office of the Director of Corrections, unless in the discretion of a majority of the board, it is necessary or convenient to meet elsewhere to carry out the duties of the board. Special meetings may be held at such times and places as shall be specified by the call of the chairman of the board or by the Director of Corrections. The secretary of the board shall give written notice of the time and place of all meetings of the board to each member of the board and to the Director of Corrections. Meetings of the board shall be open to the public. The board may, however, hold executive sessions whenever it, in its discretion, deems advisable. Three members of the board shall constitute a quorum for the transaction of business. Meetings. Section 8. The State Board of Corrections shall annually elect one of its members as chairman, and shall elect from its membership a secretary of the board. The secretary of the board shall keep adequate records and minutes of all business and official acts of the board. Records of the board shall be maintained in the office of the Director of Corrections. Chairman, secretary.

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Section 9. The State Board of Corrections shall elect a Director of Corrections who shall be the executive officer of the board, and shall hold office at the pleasure of the board. The Director shall receive a subsistence allowance of $2,000 per annum, payable monthly, and shall be paid a salary of $9,000 annually, payable monthly. The Director shall direct and supervise all the administrative activities of the State Board of Corrections, and shall attend all meetings of the State Board of Corrections. The Director shall also make, publish and furnish to the General Assembly and the Governor annual reports regarding the work of the State Board of Corrections, and such special reports as he may consider helpful in the administration of the penal system, or as may be directed by the State Board of Corrections. The Director shall perform such other duties and functions necessary, or desirable, to carry out the intent of this law, and which he may be directed to perform by the State Board of Corrections. Director of Corrections. Section 10. The Director of Corrections, with the consent and approval of the State Board of Corrections, is hereby authorized to appoint and employ such clerical force as is necessary to carry on the administration of the penal system, and such experts and technical help as needed, assistants to the Director, wardens and guards, and other employees necessary for the operation of the State-operated institutions where prisoners are confined. The Director shall establish and maintain in his office a complete roster of all employees in the office of the Director and for each of the various institutions operating under the authority of the board. Personnel. Section 11. (a) The State Board of Corrections is hereby authorized to adopt, establish and promulgate rules and regulations governing the transaction of business of the penal system of the State by the State Board of Corrections, by the Director of Corrections and the administration of the affairs of the penal system in the different penal institutions coming under its authority and supervision, and shall make said institutions as self-supporting as possible. Rules and regulations.

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(b) The State Board of Corrections shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training and hospitalization of all prisoners coming under its custody. (c) The board shall also adopt rules and regulations governing the conduct and the welfare of employees of the State institutions operating under its authority and in the county public works camps and State highway camps operating under its supervision, and shall also prescribe the working hours and conditions of work for employees in the office of the Director of Corrections and institutions operating under the authority of the board. Section 12. All rules and regulations enacted by this board, under the authority of this Act, shall be reasonable. Section 13. (a) The State Board of Corrections shall have no authority, jurisdiction or responsibility with respect to jail sentences, and the county wherein such jail sentence is imposed shall have the sole responsibility of seeing that such sentence is executed and providing for the care, maintenance and upkeep of such prisoner while so serving. Where a prisoner receives a sentence providing for service of time in a jail and in addition, service of time in an institution designated by the board as hereafter provided, such jail sentence shall be served first in point of time. Jail sentences. (b) Where any person shall be convicted of any offense, misdemeanor or felony, and sentenced to serve time in any penal institution in this State other than in a jail as hereinbefore provided, the Director of Corrections, with the approval of the State Board of Corrections, shall have and exercise sole authority in assigning such prisoner to a prison or public works camp in this State, any thing in such sentence to the contrary notwithstanding. Said Director, with the approval of the

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State Board of Corrections, shall also have sole authority to transfer prisoners from one prison or public works camp in this State to any other institution operated by or under the jurisdiction of the State Board of Corrections. Neither the Director, nor the board, shall have authority to assign male or female prisoners to serve in any manner in a county jail. Assignment of prisoners. (c) Immediately upon the imposition of such a sentence as provided in Paragraph (b) of this section, and after all appeals or other motions have been disposed of so that said conviction has become final, the clerk of the court shall immediately notify the Director of Corrections of the sentence, and shall forthwith dispatch therewith, by mail, a complete history of such person upon forms provided by the Director. Such history shall include a certified copy of the indictment, accusation, or both, a certified copy of sentence, and such other information as the Director may require. For such service, the clerk shall receive a fee of $1.00 from funds of the county, except where such clerk is on a salary. (d) Within a reasonable time thereafter, the Director of Corrections shall assign such prisoner to a penal institution designated by him. If such prisoner was assigned to a State prison or other institution, it shall be the duty and financial responsibility of such prison or institution to provide for the picking up and transportation, under guard, of such prisoner to his assigned place of detention. If such prisoner was assigned to a county public works camp, such county shall assume such duty and responsibility. (e) It shall be the responsibility of the governmental unit, subdivision or agency having the physical custody of a prisoner to maintain such prisoner, furnishing food, clothing, and any needed medical and hospital attention therefor, defending any habeas corpus or other proceedings instituted by or on behalf of such prisoner, and bearing all expenses relative to any escape and recapture, including the expenses of extradition.

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Section 14. (a) The Board of Corrections shall provide for the classification and segregation of prisoners with respect to race, age, first offenders, habitual criminals and incorrigibles, diseased inmates, mentally diseased inmates, and those having contagious, infectious and incurable diseases. Incorrigible prisoners in county public works camps shall be returned to the State Board of Corrections at the request of the proper county authority. Classification of prisoners. (b) The board may establish separate camps, prisons, branches, or other similar institutions for the segregation and care of juvenile offenders. The Director may transfer any juvenile under 18 years of age from the penal institution in which he or she is serving to the State Training School for Boys or Girls, as the case may be, provided that such transfer is approved by the governing authorities of such Training School, and provided further, that said juvenile may be returned to the custody of the Director of Corrections when the governing authority of the Training School determines that the juvenile is unsuited to be dealt with therein. Juvenile offenders. (c) Women prisoners shall be removed from proximity to the men's prison, and shall not be confined in a county public works camp or other county facility except with the express approval of the State Board of Corrections in writing. Women prisoners. (d) The State Board of Corrections is authorized to transfer mentally diseased inmates from the Georgia State prisons or other institutions operating under its authority to the criminal ward or facility to the State Hospital for the Insane at Milledgeville, Georgia; provided the inmate is adjudged to be mentally diseased to such extent that his transfer is found to be advisable by a board of examining physicians created by executive order of the Governor. Said prisoner shall remain at said hospital until the Superintendent thereof declares that his sanity has been restored, at which time said prisoner shall be returned to the custody of the Board

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of Corrections, or such prisoner shall be released from said hospital upon expiration of his sentence according to law, where such sentence expires before restoration of sanity. Insane prisoners. (e) The State Board of Corrections may transfer any inmate afflicted with active tuberculosis from the Georgia State prisons, any county public works camps, or any other institution operating under the authority of the State Board of Corrections, to a tubercular ward or facility, specially provided and maintained for criminals by the Board of Corrections at a tuberculosis facility or facilities operating under the State Department of Public Health. Tubercular prisoners Section 15. (a) Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use by any correctional institution, public works camp, highway camp, or other institution of confinement operated under authority of the State Board of Corrections. In transferring prisoners from one locality to another, manacles may be used where necessary to restrain or prevent the prisoner's escape. The wearing of stripes shall not be required, but may be used as punishment for violation of prison rules and regulations for such time as the State Board of Corrections or the Director of Corrections may direct. Punishment of prisoners (b) The State Board of Corrections shall restrict punishment for infraction of correctional rules and regulations to isolation and restricted diet, or uniform standard humane punishment which the board may deem necessary for the control of prisoners. Section 16. (a) Subject to provisions hereinafter stated, any county may purchase, rent, establish, construct and maintain a public works camp for the care and detention of all prisoners assigned to it by the State Board of Corrections, and such county may contract with other counties relative to the joint care, upkeep and

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working of such prisoners in said counties, and said counties may each pay their pro rata share of such expenses by taxes assessed and levied as now provided by law. County work camps (b) All public works camps established by the counties as herein provided shall be subject to supervision and control by the State Board of Corrections, and said board shall promulgate rules and regulations governing the administration and operation thereof. (c) Each county establishing a county public works camp which complies with the rules and requirements established by the Board of Corrections and is approved by such board shall receive a quota of prisoners in accordance with such methods of apportionment as may be established by said board. The State Board of Corrections is hereby given the authority to withdraw all prisoners from any camp which does not at any time meet the requirements of the board or comply with its directions. Section 17. The State Board of Corrections shall prescribe by rule and regulation the required plans and specifications defining the size and type of construction and materials to be employed in all prisons and county public works camps, constructed in the future. Said specifications to require that such buildings be as nearly free from fire hazards and as nearly escape-proof as is possible under all circumstances. A certificate of approval from the State Fire Marshal shall be conclusive as to the acceptability of all old prison buildings or old public works camps from a standpoint of fire hazard. No county shall establish a public works camp until its establishment and the plans and specifications thereof have been approved by the board. Plans and specifications Section 18. The State Board of Corrections shall by rule and regulation define the qualifications for wardens, guards, and other personnel employed in the prisons and county public works camps. The wardens of the

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various public works camps shall be appointed by the governing authority of the county, subject to approval of the State Board of Corrections, and shall serve at the pleasure of the county or the State Board of Corrections. Wardens, guards, etc Section 19. Any guard, warden, or deputy warden of any prison or public works camp operated under the jurisdiction of the State Board of Corrections, shall have all powers of a police officer of this State, including but not limited to, the power to make summary arrests for violations of any of the criminal laws of this State, and the power to carry weapons. Section 20. Before any penal institution, penitentiary, public works camp, or other correctional institution in this State under the supervision of the State Board of Corrections may be approved to receive prisoners, the State Board of Corrections is hereby required to have the warden or chief custodial officer of such institution execute a bond in such form and amount as the State Board of Corrections deems necessary, not to be less than $10,000, and conditioned upon the faithful discharge of the duties imposed upon such person in carrying out the laws of this State and the rules and regulations of the State Board of Corrections. The State Board of Corrections shall require that deputy wardens and such other custodial officers as deemed advisable shall execute a bond in such form and amount as the State Board of Corrections shall require, but in the case of deputy wardens to be not less than $5,000. In the case of custodial officers employed at correctional institutions under the supervision of the State Board of Corrections, proof of failure to comply with the rules and regulations of the State Board of Corrections shall be prima facie evidence of negligence. Bonds for county wardens and assistant county wardens shall be paid for by the county. Their bonds Section 21. When a prisoner has completed his term of service and is discharged upon completion of his sentence, or is conditionally released or paroled from any State institution or other place of detention operated

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under the authority of the State Board of Corrections, the board shall furnish such prisoner with a ticket by common carrier to the prisoner's home, when it is within the State of Georgia, and if his home is outside the State of Georgia such ticket shall be to the point of conviction. The State Board of Corrections shall also furnish all felony prisoners clothing to consist of a hat or cap, a coat, vest, pair of trousers, belt, socks, shoes, shirt, tie, and underwear appropriate to the season of the year, if the prisoner be male, and if the prisoner be female she shall be furnished such wearing apparel as the State Board of Corrections may deem necessary and suitable. When a prisoner is discharged at the expiration of his sentence, or is conditionally released or paroled from a county public works camp, the transportation and clothing enumerated shall be furnished by the county. Released prisoners Section 22. (a) The State Board of Corrections shall provide rules and regulations governing the hiring out of prisoners by any penal institution under its authority to municipalities, cities, the State Highway Department, or any other political subdivision, public authority, public corporation, or agency of State or local government, which are hereby authorized to contract for and receive said prisoners, but such prisoners shall not be hired out to private persons or corporations, nor shall any instrumentality of government hereinbefore authorized to utilize prison labor use such labor in a business conducted for profit. Hiring out prisoners. (b) No goods, wares or merchandise, manufactured, produced, or mined wholly or in part, by the inmates of any prison or public works camp operated under the jurisdiction of the State Board of Corrections, shall be sold in this State to any private person, firm, association or corporation, except that nothing herein shall be construed to forbid the sale of such goods or merchandise to other political subdivisions, public authorities, municipalities or agencies of the State or local governments, to be consumed by them, or to agencies of the State to be in turn sold by such agency to the public in the performance

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of such agency's duties as required by law. This does not prohibit the sale of unprocessed agricultural products produced on State property. Sale of produce. (c) Funds arising from the sale of goods or other products manufactured or produced by any prison operated by the State Board of Corrections shall be deposited with the treasury of the State Board of Corrections. Such funds arising from the sale of goods and products produced in a county public works camp, or from the hiring of prisoners shall be placed in the treasury or depository of such county, as the case may be. (d) Any warden, guard, official or other person who violates any of the provisions of this section or any regulations promulgated pursuant thereto, relating to the sale of prison made goods, or the hiring out of prisoners, shall be guilty of a misdemeanor and punished as provided by law. Violations Section 23. (a) A program of rehabilitation shall be instituted by the Board of Corrections and said program shall include academic, industrial, mechanical, agricultural and vocational training. Rehabilitation. (b) The State Board of Corrections, in institutions under its control, shall give the prisoners opportunity for reasonable educational and recreational activities where practical, and shall afford opportunity for religious activities to such prisoners as may desire to attend the same. Section 24. (a) Board to provide extra good-time allowance. The State Board of Corrections shall formulate rules and regulations providing for extra good-time allowances in addition to the statutory good time hereafter provided, to be awarded to deserving and exemplary prisoners. The State Board of Pardons and Paroles shall respect the uniform rules and regulations of the State Board of Corrections in computing the time served by inmates of the institutions and shall cooperate in extending

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parole and clemency to such as are subject to special consideration. Good-time allowance. (b) Computation of good-time allowances. Upon receipt of a prisoner by any prison or county public works camp operated under the jurisdiction of the State Board of Corrections, said board shall forthwith compute the aggregate of the maximum extra good-time allowances and statutory good-time allowances that said prisoner can possibly earn for the minimum and maximum sentence or sentences imposed thereon, said extra good-time allowances to be computed as provided in the rules and regulations promulgated by the board as hereinbefore referred to in Paragraph (a) hereof, and the statutory good-time allowances to be computed as follows: (1 Misdemeanor prisoners Four (4) days for each month of the sentence. (2 Felony prisoners Two (2) months for the second year of the sentence; three (3) months for each remaining year, through the tenth, inclusive, and four (4) months for each remaining year of the sentence. This reduction of time shall not apply to prisoners sentenced to life imprisonment. (c) Deduction from good-time allowance. The wardens of the various penal institutions above referred to shall immediately notify the board in writing of any punishment imposed or other disciplinary action taken against any prisoner under such warden's custody, said report to be on forms prescribed and furnished by the board, and shall show, among other things, the work record and behaviour record of the prisoner, including the punishment imposed therefor. From said record so furnished, the Director of Corrections or his assistants shall evaluate said act of misconduct or failure to work, and make appropriate deductions from the statutory and extra good-time allowances earned by the prisoner up to the time of the offense, said deduction to take into account the severity of the offense, and the past record of

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the prisoner; provided, that all statutory and extra good-time allowances earned up to the time of the offense shall be forfeited for escape, attempt to escape, mutiny, sodomy, resisting arrest, assaulting a guard, warden, or other prisoner official or employee, or possession of any contraband which would aid in an escape or the infliction of serious injury upon any person. Section 25. Whenever any prisoner dies suddenly or under unusual circumstances in any State prison or branch thereof, the warden or superintendent of that institution shall immediately notify the Director of the State Board of Corrections and shall also notify the coroner of the county in which the death occurs. The warden or superintendent is also directed to furnish the State Board of Corrections with a copy of the findings of the coroner's inquest, together with any other information available that would be of use to the Director in determining the cause of death. Notice of death of prisoners. Section 26. The wardens or superintendents of all prisons and public works camps shall send monthly reports to the Director of Corrections showing the names of all prisoners held in custody. Reports. Section 27. The executive office of the State Board of Corrections and the Director of Corrections shall be located in the city of Atlanta, and suitable quarters shall be assigned to the board and director, and his staff of employees. Executive office of board. Section 28. Section 27-2513 of the Georgia Code of 1933, relating to the provision of a necessary death chamber and apparatus, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Code 27-2513 amended. Section 27-2513. The Board of Corrections shall provide a death chamber and all necessary apparatus, machinery and appliances for inflicting such penalty by electrocution. Electrocution.

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Section 29. Section 23-1804 of the Georgia Code, relating to the division of expenses between counties contracting with each other relative to intercounty improvements and joint work camps, is hereby amended by striking therefrom the words, and of the creation, organization, government, use and maintenance of such working force or chain gang. so that said section, when so amended, shall read as follows: Code 23-1804 amended. The pro rata or proportionate expense of each of the counties so cooperating, of the entire or total expenses of the establishment, construction, improvement, and maintenance of such intercounty public roads, and other intercounty public improvements, shall be jointly determined by the authorities of the several counties cooperating in such work, and shall be severally levied, assessed, taxed, raised and paid by the respective counties so cooperating, as such moneys for such purposes are now levied, assessed, taxed, raised and paid. Intercounty improvements Section 30. The existing rules and regulations of the State Board of Corrections, except as may be in direct conflict with provisions of this Act, are hereby continued of force and effect. Rules and regulations. Section 31. (a) When a prisoner confined in any State prison, county public works camp, or other penal institution under the jurisdiction of the State Board of Corrections, other than a prisoner under a death sentence, is needed as witness in any civil or criminal proceeding in any court of record in this State, or when it is desired that such person stand trial on an indictment or accusation charging him with commission of a felony or misdemeanor, the judge of the court wherein such proceeding is pending is authorized to issue an ex parte order, directed to the State Board of Corrections, requiring his delivery to the sheriff of the county where the prisoner is desired as a witness or defendant, and said sheriff or his deputies shall take custody of said prisoner on the date named in said order, safely keep him pending the proceeding, and return him to the original place of detention after his discharge by the trial judge. Prisoners as witnesses or defendants.

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(b) If such prisoner was desired as a witness by the State in a criminal proceeding, or if the prisoner's release to the sheriff was for the purpose of standing trial on criminal charges, the county wherein the case was pending shall pay all expenses of transportation and keeping, including per diem and mileage of the sheriff, jail fees, and any other proper expense approved by the trial judge. (c) If such prisoner was desired as a witness by the defendant in a criminal proceeding, or by either party to a civil proceeding, the costs and expenses hereinbefore referred to shall be borne by the person requesting the prisoner as a witness, and the court shall require a deposit of money sufficient to defray same, except where the judge, after examining into the matter, determine that the prisoner's presence is required by the ends of justice and that the party requesting it is financially unable to make siad deposit, in which case the expenses shall be taxed as costs of court. Section 32. Section 27-2515 of the Georgia Code, relating to who will be present at electrocutions, is hereby amended by inserting after the words warden of the penitentiary in the second line, the words or a deputy warden thereof, so that said section, when so amended shall read as follows: Code 27-2515 amended. There shall be present at such execution the warden of the penitentiary, or a deputy warden thereof, who shall serve as executioner, at least two assistants, two physicians to determine when death supervenes, an electrician, a suitable guard, and, if the condemned person so desires, his counsel, relatives and such clergymen and friends as he may desire. Executions. Section 33. Section 95-804 of the Georgia Code, relating to the manner of working the roads under the alternative road law, is hereby amended by striking therefrom Subparagraphs 1 and 3, and by substituting in lieu thereof the following: Code 95-804 amended.

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1. They may work prisoners maintained in the county public works camp, or prisoners hired from the State Board of Corrections and maintained by the latter, and they may also work those citizens who do not pay the commutation tax, but such prisoners and citizens shall not be worked together. Road work. 3. They may have said roads worked, improved or repaired, by contracting for the same, in such manner as they may deem fit, with private parties or corporations: Provided, that if the work is done by contract, the contractors shall be required to employ the prison labor, if such is available to the county, and the labor of those who do not pay the commutation tax, and to pay for the same. Section 34. The sections of this law and the parts thereof are hereby declared to be independent and severable and should any section or any part thereof be declared to be void, ineffective, or unconstitutional for any cause, the remaining section or sections shall not be affected thereby, it being declared that all other parts or sections would have been enacted regardless of the part held to be unconstitutional, inoperative or void. Section 35. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1956. DAMAGE ACTIONS AGAINST MUNICIPAL CORPORATIONS. Code 69-308 Amended. No. 119 (House Bill No. 259). An Act to amend Section 69-308 of the 1933 Code of Georgia, relating to the filing of a written demand as a prerequisite to the bringing of any suit at law

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or equity against any municipal corporation for injuries to person or property and the suspension of the running of the statute of limitations during the time that the demand for payment is pending, as amended by the Act approved December 22, 1953 (Ga. L., Nov.-Dec. Sess., 1953, pp. 338-339), so as to strike therefrom the last sentence of Section 1 of said Act, as amended, which reads as follows: Nothing in this section shall apply to those municipal corporations whose present or future charters require the presentation of such claims within a less period of time than six (6) months; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That Section 69-308 of the 1933 Code of Georgia, as amended by the Act approved December 22, 1953 (Ga. L., Nov.-Dec. Sess., 1953, pp. 338-339), be and the same is hereby amended by striking therefrom the last sentence in said Section 1, which reads as follows: Code 69-808 amended. Nothing in this section shall apply to those municipal corporations whose present or future charters require the presentation of such claims within a less period of time than six (6) months. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1956.

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LABORERS' AND MATERIALMEN'S LIENS. Code 67-2001 and 67-2002 Amended. No. 120 (House Bill No. 269). An Act to amend the Code of Georgia of 1933, Sections 67-2001 and 67-2002 as amended by Georgia Laws 1941, page 345, Georgia Laws, 1952, page 291, and Georgia Laws 1953, January-February Session, pages 582-587 concerning the creation, declaration and enforcement of laborers' and materialmen's liens by providing that liens shall be created in favor of registered land surveyors and registered professional engineers performing or furnishing services as such on or with respect to real estate; by providing for the attachment of such liens for such services and the declaration, recording and priorities of such liens, and by providing that partnerships or corporations shall be entitled to all the privilege and benefits of the Act under certain circumstances. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority thereof: Section 1. That Section 67-2001 of the Code of Georgia of 1933, as amended by Georgia Laws 1941, page 345; Georgia Laws 1952, page 291, and Georgia Laws 1953, January-February Session, pages 582-587, be and the same is hereby amended as follows: Code 67-2001 amended. (a) By inserting in Subsection 1 of Section 67-2001 as amended aforesaid, following the words all registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate; the words all registered land surveyors and registered professional engineers performing or furnishing services as such on or with respect to any real estate so that Subsection 1 of Section 67-2001 of the Code of 1933, as amended, will read as follows: 1. All mechanics of every sort, who have taken no

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personal security therefor, shall, for work done and material furnished in building, repairing, or improving any real estate of their employees; all contractors, materialmen, and persons furnishing material for the improvement of real estate; all registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate; all registered land surveyors and registered professional engineers performing or furnishing services as such on or with respect to any real estate; all contractors for building factories, furnishing material for the same, or furnishing machinery for the same; and all machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up in any county any steam mill or other machinery, or who may repair the same; and all contractors to build railroads, shall each have a special lien on such real estate, factories, or railroads. Who entitled to lien. (b) By inserting in Subsection 2 of Section 67-2001, as amended, following the words, furnished upon the employment of a contractor or some person other than the owner, the words or registered land surveying or registered professional engineering services are so furnished or performed with respect to real estate; By inserting in Subsection 2 of Section 67-2001, as amended, following the words the real estate improved, the words or with respect to which registered land surveying or registered professional engineering services are furnished or performed; By inserting in Subsection 2 of Section 67-2001, as amended, following the words work done or material furnished, the words or the value of such services furnished or performed; By inserting in Subsection 2 of Section 67-2001, as amended, following the words at whose instance the work was done or material was furnished the words or such services furnished or rendered;

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By adding the following at the end of Subsection 2 of Section 67-2001, as amended: Provided further that with respect to the lien for architectural services furnished, registered land surveying furnished or registered professional engineering services furnished the lien shall become effective against third parties without notice thereof, only after notice thereof shall have been filed for record as provided in this Act. So that Subsection 2 of Section 67-2001 of the Code of 1933, as amended, will read as follows: 2. When work done or material or architectural service furnished for the improvement of real estate is done or furnished upon the employment of a contractor or some person other than the owner, or registered land surveying or registered professional engineering services are so furnished or performed with respect to real estate, the lien given by this section shall attach to the real estate improved, or with respect to which registered land surveying or registered professional engineering services are rendered or performed, as against such true owner for the amount of the work done or material furnished, or the value of such services furnished or performed, unless such true owner shall show that such lien has been waived in writing, or shall produce the sworn statement of the contractor, or other person, at whose instance the work was done or material was furnished, or such services furnished or rendered, that the agreed price or reasonable value thereof has been paid: Provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvements made: Provided further that with respect to the lien for architectural services furnished, registered land surveying furnished or registered professional engineering services furnished the lien shall become effective against third parties without notice thereof, only after notice thereof shall have been filed for record as provided in this Act. New Subsec. 2. Section 2. That Section 67-2002 of the Code of Georgia of 1933, as amended by Georgia Laws 1941, p. 345;

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Georgia Laws 1952, page 291, and Georgia Laws 1953, January-February Session, pages 582-587, be and the same is hereby amended as follows: (a) By inserting in Subsection 1 of Section 67-2002, as amended aforesaid, following the words or for architectural services furnished, the words, or for registered land surveying or registered professional engineering services furnished or performed so that Subsection 1 of Section 67-2002 as amended, shall read as follows: Code 67-2002 amended. 1. A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving, or for architectural services furnished, or for registered land surveying or registered professional engineering services furnished or performed, or for materials or machinery furnished or set up, as set forth in said section. (b) By inserting in Subsection 2 of Section 67-2002, as amended, following the words furnishing of such architectural services, the words, or furnishing or performance of such surveying or engineering services; New Subsec. 1. By inserting in Subsection 2 of Section 67-2002, as amended, following the words registered architect the words registered land surveyor, registered professional engineer So that Subsection 2 of Section 67-2002, as amended, shall read as follows: 2. The filing for record for his claim of lien within three months after the completion of the work or furnishing of such architectural services, or furnishing or performance of such surveying or engineering services, or within three months after such material or machinery is furnished in the office of the clerk of the superior court of the county where such property is situated, which claim shall be in substance as follows: A.B., a mechanic, contractor, materialman, machinist, manufacturer, registered

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architect, registered land surveyor, registered professional engineer, or other person (as the case may be), claims a lien on the house, factory, steam mill, machinery, or railroad (as the case may be), and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate or railroad), for building, repairing, improving or furnishing material (or whatever the claim may be). New Subsec. 2. Section 3. That Subsection 3 of Section 67-2002, as amended by Georgia Laws 1941, page 345; Georgia Laws 1952, page 291, and Georgia Laws 1953, January-February Session, pages 582-587, be and the same are hereby amended as follows: By inserting therein following the words architect's services, the words registered land surveyor's services or registered professional engineer's services, so that Subsection 3 of Section 67-2002, as amended, shall read as follows: 3. The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In the event any contractor procuring material, architect's services, registered land surveyor's services or registered professional engineer's services, labor or supplies for building, repairing or improving any real estate, building, or other structure shall abscond or die or remove from the State within 12 months from the date such services, labor, supplies or materials are furnished him, so that personal jurisdiction cannot be obtained on said contractor in a suit for said services, material, labor or supplies, or if, after the filing of suit against such contractor, no final judgment can be obtained against him for the value of such material, services, labor or supplies, by reason of the bankruptcy of said contractor and his subsequent discharge from civil liabilities, or by reason of his death, then and in any of said events, the person or persons so furnishing material, services, labor

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and supplies shall be relieved of the necessity of obtaining judgment against such contractor as a prerequisite to enforcing a lien against the property improved by said contractor, and may, subject to the provisions of Section 67-2001 enforce said lien directly against the property so improved, in an action against the owner thereof, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property: Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved. New Subsec. 3. As between themselves, the liens provided for in said section shall rank according to date, but all of the liens herein mentioned for repairs, building or furnishing materials, or services, upon the same property, shall, as to each other be of the same date when declared and filed for record within three months after the work is done, or before that time. Said liens specified in Section 67-2001 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords for rent when a distress warrant is sued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens, when actual notice of such general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the said liens provided for in said section shall be superior to all other liens not herein excepted. Section 4. Be it further enacted by the authority aforesaid that the provisions of this Act shall become effective as of the date of the approval thereof, but that the provisions thereof shall apply only to services performed or rendered by registered land surveyors or registered professional engineers subsequent to the date of

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the approval hereof, and shall not in any way enlarge, modify, or affect any obligation created prior to the approval hereof. Effective date. Section 5. Whenever the term professional engineer is used in this Act, that term shall be construed in accordance with the definition thereof in Georgia Laws 1945, pages 294, 296 as codified in Section 84-2103 of the Annotated Code of 1933. Professional engineer. Section 6. Whenever the term land surveyor is used in this Act, that term shall be construed in accordance with the definition thereof in Georgia Laws 1945, pages 294, 296, as codified in Section 84-2103 of the Annotated Code of 1933. Land surveyor. Section 7. Registered land surveyors, and registered professional engineers are such land surveyors or professional engineers as are at the time of the performance or rendition or furnishing of services protected hereunder registered as either land surveyors or professional engineers under the provisions of Georgia Laws 1945, pages 294 et seq. Registered. Section 8. If services are performed or furnished with respect to any real estate by any registered land surveyor or registered professional engineer who is a member of a partnership or an agent or employee of a corporation, and the contract for such services is made for or on behalf of the owner with such partnership or corporation, then such partnership or corporation shall be entitled to all the privilege and benefits of this Act, just as if the partnership or corporation were a registered professional engineer or a registered land surveyor. Partnerships and corporations Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1956.

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SURVEY OF DISPUTED COUNTY LINES. Code 23-407 Amended. No. 123 (House Bill No. 355). An Act to amend Section 23-407 of the Code of Georgia, relating to the compensation of surveyor and laborers for surveying disputed county lines, so as to increase the compensation of the surveyor and laborers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 23-407 of the Code of Georgia, relating to the compensation of surveyor and laborers for surveying disputed county lines, is hereby amended by striking the figure $10 in line 2 and inserting in lieu thereof the figure $25. Said section is further amended by striking the figure $5 in line 3 and inserting in lieu thereof the figure $10, so that said section when so amended shall read as follows: Section 23-407. Compensation of surveyor and laborers. The surveyor shall receive as compensation the sum of $25 per day while actually engaged in making a survey; he shall not be allowed more than $10 per day for the paying of chaincarriers, flag-bearers, and other laborers necessary to clearly mark out and define such line. Compensation of surveyor and laborers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956.

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REGISTRATION OF NURSES. Code 84-1007, 84-1010, 84-1012, 84-1015 Amended. No. 124 (House Bill No. 197). An Act to amend Code Chapter 84-10 relating to nurses as amended, so as to change the registration fee of undergraduate nurses; to change the annual validation fee of the certificate of registered nurses; to change the examination fee of undergraduate nurses and the annual validation fee; to change the registration fee of non-resident graduate or undergraduate nurses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-10 relating to nurses, as amended, is hereby amended by striking from Code Section 84-1007, relating to the registration fee of graduate nurses, the figure 10 and by inserting in lieu thereof the figure 15, so that Code Section 84-1007 as so amended shall read: Code 84-1007 amended. 84-1007. All graduate nurses making application for registration as graduate nurses under this Chapter shall deposit with the Joint-Secretary, at the time of making such application, the sum of $15 as an examination or registration fee. Graduate nurse's registration fee. Section 2. Said Code Chapter is further amended by striking from Code Section 84-1010, relating to the annual validation of the certificate of registered nurses the figure 1 and inserting in lieu thereof the figure 2, so that Code Section 84-1010, as so amended shall read: Code 84-1010 amended. 84-1010. Annually during the months of January or February every registered nurse shall be required to have her certificate validated by the issuance of a card attesting her right to practice as a registered nurse for the current year. The request for validation shall be accompanied

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by a fee of $2 and shall be sent to the Joint-Secretary, State Examining Boards. On March 1 of each year the roster of nurses who have validated their certificates shall be taken; and the same shall be printed in such form and manner as may be determined by the board. Any certificates not validated may be revoked. Graduate nurses, validation of certificate. Section 3. Said Code chapter is further amended by striking from Code Section 84-1012, relating to the examination fee for a licensed under-graduate nurse the figure 5 and in lieu thereof inserting the figure 10 and by striking the figure and word 50 cents and in lieu thereof inserting the figure $1, so that Code Section 84-1012 as so amended shall read: Code 84-1012 amended. 84-1012. It shall be the duty of the Board of Examiners to determine all the qualifications of applicants and provide for examinations for licenses for undergraduate nurses. Upon filing application for examination and registration as a licensed undergraduate nurse, each applicant shall pay a fee of $10, and annually during the months of January or February every licensed undergraduate nurse shall be required to have her certificate validated by the issuance of a card attesting to her right to practice as a licensed undergraduate nurse for the current year. This request for validation shall be accompanied by a fee of $1. Any certificate not validated may be revoked. This shall not apply to attendants or orderlies employed in hospitals. It shall be unlawful for any person or persons to practice as undergraduate nurse without a certificate from said Board of Examiners, except in hospitals. Each licensed undergraduate who registers in accordance with the provisions hereof shall be styled and known as a licensed undergraduate nurse, and no other persons shall assume or use such title, or use the abbreviation `L. U. N.' or other letters, words or figures for the purpose of representing that he or she is a licensed undergraduate nurse within the meaning of this Chapter. Undergraduate nurses. Section 4. Said Code chapter is further amended by striking from Code Section 84-1015, relating to the registration

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fee of non-resident nurses the figure 10 and inserting in lieu thereof the figure 15 and by striking the figure 5 and in lieu thereof inserting the figure 10, so that Code Section 84-1015 as so amended shall read: Code 84-1015 amended. 84-1015. The Board of Examiners shall have authority to issue through the Joint-Secretary, State Examining Boards, certificates of registration without examination to graduate nurses of a State other than Georgia, or of a foreign country, who hold bona fide certificates of registration issued under the laws of such a State or foreign country, provided the standards of registration are equivalent to those provided in this Chapter, and the individual qualifications of the nurse meet the requirements of this Chapter. The registration fee of $15 for graduate nurses herein provided shall accompany each application for a certificate. The Board of Examiners shall have authority to issue through the Joint-Secretary a certificate of registration or license without examination to undergraduate nurses registered in a State other than Georgia, or of a foreign country, whose qualifications meet the requirements of this Chapter. The registration fee of $10, as herein provided for undergraduate nurses, shall accompany each application for certificate. Non-resident nurses. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. GEORGIA FOOD ACT. No. 127 (House Bill No. 119). An Act to be known as the Georgia Food Act; to regulate the manufacture, sale, delivery and the holding or offering for sale of food; to prohibit the manufacture, sale, delivery or the holding or offering for sale of

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any adulterated or misbranded food; to prohibit the adulteration or misbranding of food in a manufacturing process; to prohibit false advertising; to provide for the identification of adultered or misbranded food; to provide for the destruction of adulterated or misbranded foods; to provide rules and regulations; to provide for enforcement; to provide for standards and specifications; to define adulterated or misbranded foods; to provide for temporary permits to manufacturers, processors or packers of food under specified conditions; to provide for the revocation of such permits; to provide inspectors; to provide for reports; to define terms; to provide an effective date; to amend Code Chapter 42-1 relating to foods and drugs; to repeal Code Chapter 42-3 relating to flour, corn meal and grain; to amend Code Chapter 42-99 relating to crimes; 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 Georgia Food Act. Section 2. For the purposes of this Act, the following terms shall be given the indicated meaning unless the context clearly denotes a different meaning: (a) The term Commissioner means Commissioner of Agriculture. (b) The term person includes individual, partnership, corporation or association, or any combination thereof. (c) The term food means (1) articles used for food or drink for human consumption; (2) chewing gum; and (3) articles used for components of any such articles. (d) The term official compendium means the official United States Pharmacopoeia, official Homopatic

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Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them. (e) The term label means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under the authority of this Act that any word, statement, or other information appearing on the label shall not be considered to be complied with unless each such word, statement, or other information also appears on the outside wrapper or container, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. Definitions. (f) The term immediate container does not include package liners. (g) Ther term labeling means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article. (h) If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statements, words, designs, or devices, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. (i) The term contaminated with filth applies to any food not securely protected from dust, dirt, and as far as may be necessary, by all reasonable means, from all foreign or injurious contamination.

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(j) The provisions of this Act regarding the selling of food shall be considered to include the manufacture, production, packaging, offer, exposure, possession, and holding of any such articles and the supplying or applying of any such articles in the conduct of any food establishment. (k) The term Federal Act means the Federal Food, Drug and Cosmetic Act (Title 21 U. S. C. 301 et seq., 52 Stat. 1040 et seq.) Section 3. The following acts and the causing thereof within this State are hereby prohibited: (a) The manufacture, sale or delivery, holding, storage or offering for sale of any food that is adulterated or misbranded. (b) The adulteration, or misbranding of any food. (c) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. (d) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Section 12. (e) The dissemination of any false advertisement. (f) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Section 18. (g) The giving of a guaranty of undertaking, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of Georgia from whom he received in good faith the food. Prohibited Acts. (h) The removal or disposal of a detained or embargoed article in violation of Section 6.

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(i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being adulterated or misbranded. (j) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device, authorized or required by regulations promulgated pursuant to the provisions of this Act. Section 4. In addition to the remedies hereinafter provided, the Commissioner is hereby authorized to apply to the superior court of the county where the violation occurs, or is threatened, for, and such court shall have jurisdiction upon hearing and for cause shown, to grant, a temporary or permanent injunction restraining any person from violating any provision of Section 3, notwithstanding whether or not there exists an adequate remedy at law. Injunction. Section 5. Any person who violates any of the provisions of Section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations. (a) No person shall be subject to the penalties provided herein for having violated Section 3, Paragraphs (1) or (3) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in this State from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this Act and designating this Act. (b) No publisher, radio-broadcast license, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination

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by him of such false advertisement, unless he has refused, on the request of the Commissioner to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused him to disseminate such advertisement. Section 6. (a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe, that any food is adulterated, or so misbranded as to be dangerous within the meaning of this Act, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise, without permission. Condemnation of dangerous foods. (b) When an article detained or embargoed under Subsection (1) has been found by such agent to be adulterated, or misbranded, he shall petition the judge of the superior court of the county where the article is detained or embargoed for a libel for condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tags or other markings. (c) If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of the Commissioner, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of such article or his agent; Provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, conditioned

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that such article shall be so labeled or processed, has been executed, may be proper order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the Commissioner. The expense of such supervision shall be paid by the claimant. Such shall be returned to the claimant of the article on representation to the court by the Commissioner that the article is no longer in violation of this Act, and that the expense of such supervision has been paid. (d) Whenever the Commissioner or any of his authorized agents shall find in any room, building, vehicle for transportation or other structure, any meat, sea food, poultry, vegetables, fruit, or other perishable articles which are unsound, or contain any filthy, decomposed, or putrid substances, or that they may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the Commissioner or his authorized agent, shall forthwith condemn or destroy same, or in any other manner render the same unsalable as human food. Section 7. It shall be the duty of each solicitor-general to whom the Commissioner reports any violation of this Act to cause appropriate proceedings to be instituted in the superior court without delay and to prosecute same in the manner provided by law. Before any violation of this Act is reported to any solicitor-general for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Commissioner or his designated agent, either orally or in writing, in person, or by attorney, with regard to such contemplated proceedings. Proceedings in superior court. Section 8. Nothing in this Act shall be construed as requiring the Commissioner to report for the institution of proceedings under this Act, minor violations of this Act, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. Commissioner's discretion.

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Section 9. Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of the consumers, the Commissioner shall promulgate regulations fixing and establishing for any food or any class of food a reasonable definition and standard of identity, and or reasonable standard of quality and/or fill of container. In prescribing a definition and a standard of identity for any food or class of food in which optional ingredients are permitted, the Commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Act. Definitions and standards. Section 10. A food shall be deemed to be adulterated: (a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) if it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Section 13; or (3) if it consists in whole or in part of a diseased or contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) if it is the product of a diseased animal or an animal that has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. Adulterated foods. (b) (1) If any valuable constituent has been in whole

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or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is. (c) If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 per centum, harmless natural wax not in excess of four-tenths of 1 per centum, harmless natural gum, and pectin; Provided, That this paragraph shall not apply to any confectionery by reason of its containing less than one-half of 1 per centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances. (d) If it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the Federal Act. Section 11. A food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food for which a definition and standard of identity has been prescribed by regulations as provided by Section 9; or if it is an imitation of another food that is not subject to Subsection (g) of this section, unless its label bears in type of uniform size and prominence, the word, imitation, and, immediately thereafter, the name of the food imitated. Misbranded foods. (d) If its container is so made, formed, or filled as to be misleading.

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(e) If in package form, unless it bears a lebel containing (1) the name and place of business of the manufacturer, packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Commissioner. (f) If any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by Section 9, unless (1) it conforms to such definition and standard, and (2) its label bears the name of the food specified in the definition and standard, and in so far as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food. (h) If it purports to be or is represented as: (1) a food for which a standard of quality has been prescribed by regulations as provided by Section 9 and its quality falls below such standard unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or (2) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by Section 9, and it falls below the standard of fill of container applicable thereto, unless its label bears, in

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such manner and form as such regulations specify, a statement that it falls below such standard. (i) If it is not subject to the provisions of Paragraph (g) of this section, unless it bears labeling clearly giving (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each: Provided, that to the extent that compliance with the requirements of clause (2) of this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Commissioner. Provided, however, that the requirements of clause (2) of this paragraph shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by said clause (2) to the Commissioner in an affidavit. (j) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the Commissioner determines to be, and by regulations prescribed, as necessary in order to fully inform purchasers as to its value for such uses. (k) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; Provided, that the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the Commissioner. (l) If it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded. Section 12. (a) Whenever the Commissioner finds

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after investigation that the distribution in Georgia of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately determined after such articles have entered commerce, he then, and in such case only, shall promulgate regulations providing for the issuance, to manufacturers, processors, or packers of such class of food in such locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to prevent the public health; and after the effective date of such regulations and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed, or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit issued by the Commissioner as provided by such regulations. Permits. (b) The Commissioner is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of such permit, and the Commissioner shall, immediately after prompt hearing and inspection of the establishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued, or as amended. (c) Any officer or employee duly designated by the Commissioner shall have access to any factory or establishment, the operator of which holds a permit from the Department of Agriculture for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be ground for suspension of the permit until such access is freely given by the owner or operator.

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Section 13 Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of clause (2) of Section 10 (a); but when such substance is so required or cannot be so avoided, the Commissioner shall promulgate regulations limiting the quantity therein or thereon to such extent as the Commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of clause (2) of Section 10 (a). While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) Section 10 (a). In determining the quantity of such added substance to be tolerated in or on different articles of food, the Commissioner shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. Poisonous and deleterious substances. Section 14. An advertisement of a food shall be deemed to be false if it is misleading in any particular. Advertising. Section 15. The Commissioner of Agriculture is hereby charged with the duty of enforcing the provisions of this Act and he shall employ the necessary personnel and shall fix their compensation and prescribe their duties. Regulations. (a) The authority to promulgate regulations for the efficient enforcement of this Act is hereby vested in the Commissioner. The Commissioner is hereby authorized to make the regulations promulgated under this Act conform, in so far as practicable with those promulgated under the Federal Act. (b) Hearings authorized or required by this Act shall

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be conducted by the Commissioner or such officer, agent, or employee as the Commissioner may designate for the purpose. (c) Before promulgating any regulation authorized by Section 9, 11 (j) and 12 of this Act, the Commissioner shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the Commissioner (which date shall not be prior to 30 days after its promulgation). Such regulations may be amended or repealed in the same manner as is provided for its adoption, except that in the case of a regulation amending or repealing any such regulation, the Commissioner, to such an extent as is deemed necessary, in order to prevent undue hardship, may disregard the foregoing provisions regarding notices, hearing, or effective date. Section 16. The Commissioner or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods to commerce, for the purpose: Inspections. (a) of inspecting such factory, warehouse, establishment or vehicle to determine if any of the provisions of the Act are being violated, and (b) of securing samples or specimens of any food after paying or offering to pay for such sample. It shall be the duty of the Commissioner to make or cause to be made, examinations of samples secured under the provisions of this section to determine whether or not any provisions of this Act are being violated. Section 17. (a) The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered

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under this Act, including the nature of the charge and the disposition thereof. Reports. (b) The Commissioner may also cause to be disseminated such information regarding food as the Commissioner deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the Commissioner from collecting, reporting and illustrating the results of the investigations of the Commissioner. Section 18. Code Section 42-105 relating to the duties of the Department of Agriculture is hereby repealed. Code 42-105 repealed. Section 19. Code Section 42-106 relating to rules and regulations for enforcement is hereby repealed. Code 42-106 repealed. Section 20. Code Section 42-107 defining the terms drug and food is hereby amended by striking the last sentence which reads, The term `food' as used herein shall include all articles used for food, drink, confectionery, or condiment by man or other animals whether simple, mixed, or compounded. Code 42-107 amended. Section 21. Code Section 42-109 relating to the adulteration of food is hereby amended by striking therefrom the words, In the case of confectionery: If it contain terra-alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor, or compound or narcotic drug. Code 42-109 amended. In case of food: 1. If any substance shall have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

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2. If any substance shall have been substituted wholly or in part for the article. 3. If any valuable constituent of the article shall have been wholly or in part abstracted. 4. If it shall be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority shall be concealed. 5. If it shall contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, that when in preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering or the package, the provisions of this Title shall be construed as applying only when said products are ready for consumption. 6. If the package, vessel, or bottle containing it shall be of such a composition, or carry any attachment made of such a composition or metal or alloy, as will be acted upon in the ordinary course of use by the contents of the package, vessel, or bottle in such a way as to produce an injurious, deleterious, or poisonous compound. 7. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter. Section 22. Code Section 42-110, as amended, relating to the application of the term misbranded is hereby amended by striking therefrom the words, food, or articles which enter into the composition of food, and the words, food or, and the words,

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In case of food: 1. If it shall be an imitation of, or offered for sale under the distinctive name of, another article. Code 42-110 amended. 2. If it shall be labeled or branded so as to deceive or mislead the purchaser, or shall purport to be a foreign product when not so, or shall be an imitation in package or label of another substance of a previously established name, or which has been trade-marked or patented, or, if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or, if it shall fail to bear a statement on the label in conspicuous letters of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein. 3. If in package form, the quantity of the contents shall not be plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however that reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section 42-303. 4. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients of the substances contained therein, which statement, design, or device shall be false or misleading in any particular: Provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: (1). In the case of mixtures or compounds which may be now, or from time to time hereafter, known as articles of food, under their own distinctive names, and not an

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imitation of or offered for sale under the distinctive name of another article, if the name shall be accompanied on the same label or brand with a statement of the place where said article shall have been manufactured or produced. (2). In the case of articles labeled, branded, or tagged, so as to plainly indicate that they are compounds, imitations, or blends, and the word `compound,' `imitation,' or `blend,' as the case may be, shall be plainly stated in conspicuous letters on the package in which it is offered for sale: Provided, that the term `blend,' as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only: and Provided further, that nothing in this Title shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this Title may require to secure freedom from adulteration or misbranding. Section 23. Code Section 42-111 relating to the fixing of standards by the Commissioner of Agriculture and definitions is hereby amended by striking therefrom the words, It shall be the duty of the Commissioner of Agriculture and the State Chemist to fix standards of purity for food products, where the same are not fixed by this Title, in accordance with those promulgated under and pursuant to the laws of the United States, when such standards shall have been published; and when not yet published, the Commissioner of Agriculture and the State Chemist shall fix such standards, and by striking the words, Whenever the State Chemist may find, by analysis, that adulterated, misbranded, or imitation drugs, liquors, or food products have been manufactured for sale or put on sale, he shall forthwith furnish a certificate of analysis to that effect to the Commissioner of Agriculture, who shall transmit the same to the solicitor-general in the county where the said adulterated, misbranded,

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or imitation drug, liquor, or food product shall have been found. It shall be the duty of the solicitor-general to prosecute all persons violating any provisions of this Title as soon as he shall receive the evidence transmitted by the Commissioner of Agriculture. Code 42-111 amended. Section 24. Code Section 42-112 relating to the taking of samples for analysis is hereby repealed. Code 42-112 repealed. Section 25. Code Section 42-113, as amended, relating to the examination of specimens of foods and drugs is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: The examination of specimens of foods and drugs shall be made by the State Chemist or under his direction and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this Title; and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of this Title, the Georgia State Board of Pharmacy shall in the case of drugs, cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard before the Georgia State Board of Pharmacy and the Attorney-General in the case of drugs, under such rules and regulations as may be prescribed by them, and if it shall appear that any of the provisions of this Title have been violated by such party, the Georgia State Board of Pharmacy where an adulteration or misbranding of drugs is involved, shall at once certify the facts to the proper prosecuting attorney, with a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination, under the oath of such officer. In case it shall appear to the satisfaction of the Georgia State Board of Pharmacy and the Attorney-General in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce, or the act complained of comes under the supervision and

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regulating or prohibiting the sale of cull produce or produce unfit for human consumption at any State farmers' market; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for and authorize the Commissioner of Agriculture to establish farmers' markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets, approved February 25, 1935 (Ga. L. 1935, p. 369), is hereby amended by adding at the end of Section 4 the following: The Commissioner of Agriculture is hereby authorized to promulgate rules and regulations regulating or prohibiting the sale of cull produce or produce unfit for human consumption at any State farmers' market, so that Section 4 as so amended shall read: 1935, ed. Section 4. Be it further enacted, that the Commissioner of Agriculture is hereby authorized to make such rules and regulations as in his judgment may be necessary to properly conduct such farmers' market or markets, both wholesale and retail. The Commissioner of Agriculture, through the Bureau of Markets, may provide experienced and competent persons to act as graders and classifiers on such markets. The Commissioner of Agriculture shall have authority to prescribe and designate reasonable grades and classes for farm products, truck crops, fruits and vegetables, and to enforce the same in all markets in the State. The Commissioner of Agriculture is hereby authorized to promulgate rules and regulations regulating or prohibiting the sale of cull produce or produce unfit for human consumption at any State farmers' market. Ripe peaches, cantaloupes, tomatoes and, etc., shall not be classed as cull produce when sold in Georgia for local consumption. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956.

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GEORGIA SEED LAW. No. 139 (House Bill No. 195). An Act to regulate the labeling, sale, offering, exposing or transporting for sale of agricultural, vegetable, flower, tree and shrub seeds; to prohibit misrepresentations thereof; to repeal an Act approved March 27, 1941 (Ga. L. 1941, p. 497), known as the Georgia Seed Law; to repeal an Act approved March 6, 1945 (Ga. L. 1945, p. 201), relating to the packaging, labeling, sale, offering and exposing for sale of planting seed, as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1138); to create a seed advisory committee; to provide for the licensing of seed dealers and a procedure connected therewith; to provide the members, duties and compensation of the members thereof; to repeal conflicing laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Georgia Seed Law. Section 2. As used in this Act, (a) The term person includes any individual, partnership, corporation, company, society, association or combination thereof. (b) The term agricultural seed includes the seeds of grass, forage, cereal, and fiber crops and any other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds and mixtures of such seeds, and may include noxious weed seeds when the Commissioner of Agriculture determines that such seed is being used as agricultural seed. (c) The term seed may include any vegetative material used in the propagation of a species. Definitions.

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(d) The term vegetable seeds includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this State. (e) The term flower seeds includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this State. (f) The term tree and shrub seeds includes seeds of woody plants commonly known and sold as tree or shrub seeds in this State. (g) The term weed seeds includes the seeds of all plants generally recognized as weeds within this State, and includes noxious weed seeds. (h) Noxious weed seeds are divided into two classes, Prohibited noxious weed seeds and Restricted noxious weed seeds. As defined in (1) and (2) of this subsection provided, that the Commissioner of Agriculture may through the promulgation of regulations, add to or subtract from the list of seeds included under either definition whenever he finds that such additions or subtractions are within the respective definitions. (1) Prohibited noxious weed seeds are the seeds of perennial weeds such as not only reproduce by seed, but may also spread by underground roots, stems, and other reproductive parts, and which when well established, are highly destructive and difficult to control in this State by ordinary good cultural practice. (2) Restricted noxious weed seeds are the seeds of such weeds as are very objectionable in fields, lawns, and gardens of this State, but can be controlled by good cultural practice. (i) The term labeling includes all labels, and other written, printed, or graphic representations, in any form

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whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, such as representations on invoices. (j) The term advertisement means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this Act. (k) The term record includes all information relating to lot, identification, source, origin, variety, amount, processing, blending, testing, labeling, distribution and a file sample of the seed. (l) The term stop sale means an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed. (m) The term seizure means a legal process carried out by court order against a definite amount of seed. (n) The term kind means one or more related species or sub-species which singly or collectively is known by one common name, for example, corn, oats, alfalfa and cotton. (o) The term variety means a subdivision of a kind characterized by growth, yield, fruit, seed or other characteristics, by which it can be differentiated from other plants of the same kind. (p) The term lot means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which are required to appear in the labeling. (q) The term hybrid corn seed as applied to field corn, sweet corn, or pop corn, means the first generation seed of a cross made under controlled conditions between two or more strains and involving one or more inbred

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bred lines of corn. For purposes of labeling, the number or other designations of hybrid corn shall be used as a variety name. (r) The terms pure seed, germination and other seed labeling and testing terms in common usage shall be defined as in the rules for seed testing published by the Association of Official Seed Analysts and in the Federal Seed Act and the rules and regulations promulgated thereunder. (s) The term treated means that the seed has received an application of a substance or process which substance or process is designed to reduce, control, or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing therefrom, or will otherwise improve the planting value of the seed. (t) A private hearing may consist of a discussion of facts between the person charged and the enforcement officers. (u) The term Commissioner means the Commissioner of Agriculture. Section 3. Each bag, container, package or bulk of seeds which is sold, offered for sale, or exposed for sale, or transported within this State for planting purposes shall bear thereon or have attached thereto in a conspicuous place, a plainly written or printed label, or tag, in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container. (a) For all treated seeds as defined in this Act (for which a separate label may be used): (1) A word or statement that the seed has been treated.

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(2) The commonly accepted, coined, chemical or abbreviated chemical (generic) name of the applied substance and the rate of application. (3) If harmful to human or other vertebrate animals, a caution statement such as Do not use for food or feed or oil purposes. The caution for mercurials and similarly toxic substances shall be a poison statement or symbol and carry the words poison treated. Labels. (b) For agricultural seeds: (1) Commonly accepted name of kind and variety, of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each in the order of its predominance, where more than one component is required to be named, the word mixture or the word mixed shall be shown conspicuously on the label, provided that the Commissioner may through the promulgation of regulations allow certain kinds of seed to be labeled mixed without showing the percentage of each variety present. (2) Net weight. (3) Lot number or other lot identification. (4) Origin: State or foreign country. (5) Percentage by weight of all weed seeds. (6) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present. (7) Percentage by weight of crop seeds other than those required to be named on the label. (8) Percentage by weight of inert matter. (9) For each named agricultural seed: (A) Percentage of germination, exclusive of hard seed.

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(B) Percentage of hard seeds, if present. (C) The calendar month and year the test was completed to determine such percentage. Following (A) and (B) the total germination and hard seed may be stated as such, if desired. (10) Name and address of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State. (c) For vegetable seeds in containers of one pound or less: (1) Name of kind and variety of seed. (2) Calendar month and year the test was completed to determine the percentage of germination. (3) For seeds which germinate less than the standard last established by the Commissioner under this Act. (A) Percentage of germination, exclusive of hard seed. (B) Percentage of hard seed, if present. (C) The calendar month and year the test was completed to determine such percentage. (D) The words below standard in not less than 8-point type; and (4) Name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this State. (d) For vegetable seeds in containers of more than one (1) pound: (1) The name of each kind and variety present in excess

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of 5% and the percentage by weight of each in order of its predominance. (2) Lot number or other lot identification. (3) For each named vegetable seed. (A) The percentage of germination, exclusive of hard seed. (B) The percentage of hard seed, if present. (C) The calendar month and year the test was completed to determine such percentages. Following (A) and (B) the total germination and hard seed may be stated as such, if desired. (4) Name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within this State. (5) The labeling requirements for vegetable seeds in containers of more than one (1) pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser. (e) Any provision of this Act to the contrary notwithstanding cowpeas and oats consisting of mixed varieties may be sold by labeling them as mixed cowpeas or mixed oats. The percentage of pure seed shall represent all cowpeas and/or oats present, and a germination test shall be based upon a uniform sample of all varieties in the lot of seed. Cowpeas and oats shall be labeled mixed when they contain an excess of five (5) percent of one variety or in excess of five (5) percent of a combination of varieties by weight. Section 4. (a) No person shall sell, offer for sale, expose for sale or transport for sale any agricultural, vegetable, flower, tree or shrub seed within this State:

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(1) Unless the test to determine the percentage of germination shall have been completed within a nine (9) months' period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation. (2) Not labeled in accordance with the provisions of this Act, or having a false or misleading labeling. (3) Pertaining to which there has been a false or misleading advertisement. (4) Consisting of or containing prohibited noxious weed seeds. (5) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this Act, or in excess of the number declared on the label attached to the container of the seed or associated with the seed. Prohibited Acts. (6) Represented to be certified seed, registered seed or foundation seed unless it has been produced and labeled in accordance with the procedures and in compliance with rules and regulations of a legally authorized seed certification or registration agency. (b) It is unlawful for any person within this State, (1) To detach, alter, deface, or destroy any label provided for in this Act or the rules and regulations made and promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purpose of this Act. (2) To disseminate any false or misleading advertisements concerning seeds in any manner that may defeat the purpose of this Act. (3) To hinder or obstruct in any way, any authorized person in the performance of his duties under this Act.

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(4) To fail to comply with a stop sale order or to move from the premises or dispose of any lot of seed held under a stop sale order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified thereby. (5) To use the word trace as a substitute for any statement which is required. (6) To use the words or better, more than, less than, or similar words in connection with any information required on purity analyses. Section 5. Each person whose name or approved code number or other approved designation appears on the label as handling seeds subject to this Act shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled and shall keep for one year a file sample of each lot of seed after final disposition of said lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Commissioner or his agent during customary business hours. Records. Section 6. (a) No person or vendor shall be subject to the penalties of this Act for having sold, offered, or exposed for sale in this State, any seed represented as to variety or origin which were incorrectly labeled or represented as to variety or origin which cannot be identified by examination thereof, unless he failed to obtain an invoice, grower's declaration, or other document giving variety and origin, and to take such other precautions as may be necessary or required to insure the identity and variety of the seed to be that stated. (b) The provisions of Sections 2 and 3 of this Act shall not apply: Exemptions. (1) To seed sold by a farmer or grower to a seed dealer or processor, or in storage in, or consigned to, a seed cleaning or processing establishment for cleaning

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or processing; provided, that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to the provisions of this Act. Provided further, however, that a farmer or person who grows his own seed, may seel them as such without conforming to the provisions of these laws provided that they are sold at his own farm and that he does not advertise them and/or transfer them by any public carrier. (2) To seed or grain not intended for planting purposes; provided, that said seed or grain sold to a farmer or consumer that could be used for planting purposes shall be marked or tagged for feed or not for planting. (3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if such carrier is not engaged in producing, processing, or marketing agricultural or vegetable seed subject to the provisions of this Act. Section 7. (a) The duty of enforcing this Act and the carrying out of its provisions and requirements shall be vested in the Commissioner who may act through his authorized agents, and he shall have authority: (1) To sample, test, make analysis of, and inspect any seed transported, sold, offered or exposed for sale within this State, for planting purposes, at such time and place and to such extent as may be deemed necessary to determine whether such seed are in compliance with the provisions of this Act. (2) To enter upon any public or private premises during regular business hours in order to have access to seeds subject to this Act and rules and regulations promulgated thereunder. Enforcement of Act. (3) To issue and enforce a written or printed stop sale order to the person or vendor of any seed which is in violation or believed to be in violation of any of the

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provisions of this Act or rules and regulations promulgated thereunder. (4) To furnish adequate facilities for seed testing and to employ qualified persons for making such tests. (5) To publish or cause to be published the results of the examination, analysis, and test of any agricultural or vegetable seed sampled in accordance with the provisions of this Act, together with any other information that the Commissioner may deem advisable. (6) To cooperate with the United States Department of Agriculture in the enforcement of the Federal Seed Act. (b) Further, for the purposes of carrying out the provisions of this Act, the Commissioner, who may act through his authorized agents, is hereby authorized: (1) To issue a license to any person, vendor, partnership, firm, corporation, trust company, society or association for each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpose. A separate license shall be required for each place of business from which seed are sold, offered for sale, or exposed for sale. Such license shall be valid until revoked as provided by law. Out-of-state wholesale and retail seed dealers who sell or ship seed into this State shall obtain a license in the same manner. Any license issued under the provisions of the Act may be revoked by the Commissioner upon satisfactory proof that the licensee has violated any provision of this Act or any rule or regulation promulgated thereunder. No license issued hereunder shall be revoked by the Commissioner unless the Commissioner has given the licensee notice of the intent to revoke such license and the reason therefor and until the Commissioner has given the licensee a hearing.

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(2) To provide that any person who does not have a fixed place of business or who is traveling, peddling, or is an itinerant, who sells or offers for sale seed in this State shall comply with all the requirements of this Act and of all seed laws of this State. As a further requirement, any person coming under this subsection shall be required upon application for a license to sell or offer for sale seed in this State to furnish a surety bond of not less than $1,000.00 payable to the Commissioner, for the use and benefit of the buyer of the seed bought from such person who is traveling, peddling, or is an itinerant when seed are sold without compliance with, and in violation of this Act, and other seed laws of this State. Said bond shall be given for the protection of the farmers of this State and for the purpose of carrying out the provisions of this Act. (3) To provide that any person in this State shall have the privilege of submitting seed samples for testing, subject to the charges made for samples submitted as prescribed in rules and regulations promulgated under this Act. Provided, however, that seed samples shall be tested without charge for farmers who do not have a seed license. Section 8. Any seed sold, offered for sale, or exposed for sale in violation of any of the provisions of this Act or rules and regulations promulgated thereunder, shall be subject to seizure on complaint of any authorized agent of the Commissioner to the superior court of the county where the seed is located. In the event the court finds the seed to be in violation of this Act, and orders the condemnation of said seed, it shall be destroyed, or reprocessed, relabeled, or otherwise disposed of in compliance with the laws of this State and as directed by the court; but in no instance shall the court order such disposition of such seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to process or relabel it to bring it into compliance with this Act. The Commissioner

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is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this Act or rules and regulations promulgated thereunder, notwithstanding the existence of other remedies as law. Such injunctions shall be issued without bond. Seizures. Injunctions. Section 9. The Commissioner of Agriculture shall have authority to promulgate and enforce such rules and regulations as he may deem necessary to carry out, or make effective, the provisions of this Act; to provide such additional definitions of terms as he believes are needed; to provide a noxious weed list and add or subtract therefrom from time to time; to prescribe minimum standards of germination and purity and maximum amounts of inert matter and weed seed; to prescribe the maximum number of weed seed per pound, allowed for each of restricted noxious weed; to govern the methods of sampling, inspecting, analysis, tests, and examination of seed and the tolerance to be followed in the administration of this Act, which shall be in general accord with the officially prescribed practice in interstate commerce; to provide for field testing and make requirements for special permits for the sale of hybrid corn seed and such other seeds being sold under variety name as may be deemed necessary; to prescribe the form of tags or labels; to fix the number of tests allowed to any one person, firm, corporation, etc., and fix charges for tests made, and to prescribe such other rules and regulations as may be recommended by the Seed Advisory Committee to secure the efficient enforcement of this Act. Rules and regulations. Section 10. There is hereby created a Seed Advisory Committee to be composed of the Commissioner of Agriculture, ex officio, as chairman, the Attorney-General, ex officio, and one member from the Georgia Experiment Station, one member from the Coastal Plains Experiment Station, one member from the Extension Service, two members from the Georgia Seedsmen's Association, one member from the Georgia College of Agriculture, one

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member from the Georgia Crop Improvement Association, and one member from the Georgia Farm Bureau, to be selected by the heads of the institutions or organizations. The Commissioner and the Attorney-General shall be compensated as provided by law. The other members of the committee shall be compensated $20.00 per day for each day of service on business of the committee, to be paid from the funds of the Department of Agriculture. The committee shall serve in an advisory capacity to the Commissioner in promulgating rules and regulations pursuant to the provisions of this Act and no rule or regulation shall be promulgated by the Commissioner without consulting the said advisory committee. Seed Advisory Committee. Section 11. (a) Any person or vendor violating any of the provisions of this Act or rules and regulations promulgated thereunder shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. (b) When the Commissioner or any authorized agent thereof shall find that a person has violated any of the provisions of this Act or rules and regulations promulgated thereunder, he may institute proceedings in the superior court of the county in which the violation occurred, to have such person convicted therefor, or may file with the solicitor-general, with the view of prosecution, such evidence as may be deemed necessary. Violations. (c) It shall be the duty of each solicitor-general to whom any violation is reported, to cause appropriate proceedings to be instituted and prosecuted against the accused. (d) Nothing in this Act shall be construed as requiring the Commissioner or any authorized agent thereof to report, for prosecution, or for the institution of seizure proceedings, minor violations of this Act when it is believed that the public interest will best be served by a suitable notice of warning in writing.

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Section 12. No person shall sell or offer for sale any seed within this State who has not complied with the provisions of Section 7 (b) of this Act. Section 13. An Act, known as the Georgia Seed Law, approved March 27, 1941 (Ga. L. 1941, p. 497), is hereby repealed in its entirety. Acts repealed. Section 14. An Act entitled, An Act to provide for the protection of farmers in the purchase of planting seed; to provide regulations for the packaging, labeling, sale, and offering or exposing for sale of the same. To fix penalties for violations thereof, and for other purposes, approved March 6, 1945 (Ga. L. 1945, p. 201), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1138), is hereby repealed in its entirety. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. MINNOWS, LIVE FISH AND FISH EGGS. No. 140 (House Bill No. 286). An Act to amend an Act approved March 9, 1955 (Ga. L. 1955, p. 483) comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, by adding thereto a new section to be known as Section 91A and which shall regulate the catching, raising and sale of minnows to be used as bait, and the catching, raising and sale of live fish and fish eggs to be used for stocking and restocking the fresh waters of this State; to require and define licenses for resident and nonresident wholesale and retail dealers and to provide the fees therefor; to provide for inspection, to provide for

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proclamation by the Game and Fish Commission limiting or prohibiting the importation, possession, or sale of certain species; to provide penalty for violation hereof; to define terms, to provide for confiscation of minnows, fish and fish eggs in certain instances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 7, 1955 (Ga. L. 1955, p. 183) comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, is hereby amended by adding after Section 91 thereof, a new section to be known as Section 91A and to read as follows: Minnows. Section 91A (a) Definitions. As used in this section, the following terms shall have the definition and meaning placed thereafter: 1. Wholesale dealer. Any person, firm, or corporation engaged in the capturing, purchasing, raising, propagating, breeding, or acquisition or possession of live fish or fish eggs for the purpose of stocking or restocking any fresh waters of this State, or the capturing, purchasing, raising, propagating, breeding, or other acquisition of minnows to be used as fresh water bait, either in or outside this State, where any or all of the foregoing are to be sold or furnished to others for the purpose of resale. Wholesale dealer. 2. Retail dealer. Any person, firm or corporation engaged in the capturing, purchasing, raising, propagating, breeding, or other acquisition or possession of live fish or fish eggs for the purpose of stocking or restocking any fresh waters of this State, or the capturing, purchasing, raising, propagating, breeding, or acquisition or possession of minnows to be used as fresh water bait, either in or outside this State, where any or all of the

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foregoing are to be sold or furnished to others for use thereby, other than for resale. Retail dealer. 3. Import wholesale dealerAny resident person, firm, or corporation engaged in transporting live fish or fish eggs into this State for the purpose of stocking or restocking any fresh waters of this State or the transporting into this State of minnows to be used as fresh water bait, either in or outside this State, where any or all of the foregoing are to be sold or furnished to others for the purpose of resale. Import wholesale dealer. 4. Non-resident. Any non-resident person, firm or corporation, selling, furnishing or shipping into this State from any point outside this State, any minnows for use or sale as fresh water bait, or any live fish or fish eggs to be used, or resold for stocking or restocking any of the fresh waters of this State, without regard to where such contract of sale or acquisition was executed or consummated. Non-resident. (b) Private individuals having valid sport fishing licenses duly issued by the Game and Fish Commission may capture minnows to be used as bait from any of the fresh waters of this State, by means of dip nets or minnow nets which are not over ten (10) feet in length, where such minnows are not to be sold or otherwise used for commercial purposes. Any game fish, or fish other than minnows, taken in such net shall be at once returned to the waters and released, and it is hereby declared unlawful to retain or keep any fish other than minnows taken by such net; Provided further, that the Game and Fish Commission may close by proclamation, as provided in Section 15 hereof, certain waters from time to time, against the taking of minnows, and may regulate the taking of minnows from public waters when this is found necessary. Net taking of minnows (c) No person shall engage in the business of a wholesale or retail dealer, as herein defined, without first obtaining an annual license from the State Game and Fish

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Commission as follows: said licenses to be effective from April 1 in the year of issuance through March 31 next following: Licenses. 1. Resident retail dealer $ 1.00 2. Resident wholesale dealer $ 25.00 3. Resident import wholesale dealer $ 100.00 4. Non-resident retail dealer $ 35.00 5. Non-resident wholesale dealer $ 100.00 (d) All nets or seines used for catching minnows for sale as authorized in Paragraph (c) above, shall be no longer than ten (10) feet, and shall have a mesh no larger than three-eighths (3/8) of an inch square. Nets. (e) Notwithstanding Paragraph (c) hereof, non-resident persons, firms or corporations may sell and ship minnows or live fish and fish eggs into this State without being required to procure the non-resident licenses hereinbefore provided, where such sale and shipment are made to a resident import wholesale dealer duly licensed under this section. (f) No minnows, live fish, or fish eggs shall be shipped into this State from any point outside thereof by any person, firm or corporation, whether licensed as a non-resident dealer or otherwise, unless the following requirements are met: Minnows, fish and fish eggs, shipped into State. 1. Notice shall be given to the State Game and Fish Commission at least three (3) days prior to the date such minnows, live fish or fish eggs enter this State, which notice shall state the consignor and consignee thereof, and the place of delivery. 2. A certificate of inspection from some public agency or recognized laboratory in the State of origin shall accompany said notice, and shall disclose the quantity, species, and diseases present, which certificate shall be procured and paid for by the non-resident dealer, where

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applicable, or by the resident dealer receiving same as authorized in paragraph (f) of this section, as the case may be. 3. All imported live fish shall be treated with formaldehyde or other recognized chemicals for control of protozoan parasites, and said fish shall be in water containing at least one part part per million (1 p.p.m.) acriflavin or other recognized chemicals to prevent the spread of disease while in transit. 4. The person receiving said minnows, live fish or fish eggs in this State shall hold same in special holding facilities for not less than two (2) days, unless sooner inspected, for inspection for disease, parasites or obnoxious species (as may be declared by regulation issued by the Game and Fish Commission) by agents of the Game and Fish Commission, before release for sale or into the waters of this State. Such person shall treat, disinfect or dispose of any diseased or parasitized fish and containers at his own expense as may be required by the Commission or its agents following inspection. (h) The Commission may, as provided in Section 15 of this Act, issue proclamations prohibiting or limiting the importation, possession or sale in this State of designated species of bait minnows, live fish or fish eggs, where the same are found to be harmful to existing fish. (i) The wildlife rangers, or other agents or officials shall confiscate any minnows, fish eggs, or live fish, caught, imported, purchased, or acquired by any person, firm or corporation in violation of any provisions of this section, this Act, or any regulation promulgated by the Game and Fish Commission. Violations. (j) Any person violating any provision of this section or any regulation promulgated pursuant thereto, shall be guilty of a misdemeanor and punished as provided by law.

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Section 2. No person under the age of 18 years, not regularly engaged as a wholesale or retail dealer under the terms of this Act, shall be required to obtain a license hereunder. Section 3. The provisions of this Act shall be construed and deemed to include the raising, catching, use, and sale, of live catfish not longer than eight inches by any means available, for live bait purposes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. GEORGIA CITIZENS COUNCIL ABOLISHED. No. 141 (House Bill No. 184). An Act to repeal an Act entitled, An Act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the State; to provide for its membership, their appointment, terms of office and compensation; to authorize the Budget Commission to pay the expenses of operation of such council, and for other purposes, approved March 9, 1945 (Ga. L. 1945, p. 445; 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 the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the State; to provide for its membership, their appointment, terms of office and compensation; to authorize the Budget Commission to pay the expenses of operation of such Council, and

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for other purposes, approved March 9, 1945 (Ga. L. 1945, p. 445), is hereby repealed and the Georgia Citizens Council established by said Act is hereby abolished. The effective date of this bill shall be June 30, 1956. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. BRAKE FLUID CONTROL. (No. 149 (Senate Bill No. 46). An Act to regulate the sale of brake fluid; to provide that no misbranded or adulterated brake fluid shall be sold, offered for sale, distributed or added to the hydraulic brake system of any motor vehicle in this State; to provide for inspection, analysis and permit for sale of brake fluid; to provide a minimum standard and specification for brake fluid; to provide for the administration of this Act; to provide for rules and regulations; to provide for inspectors; to provide that a copy of the analysis of brake fluid shall be admitted in evidence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions: (a) The term brake fluid, as used or referred to in this Act, shall mean the liquid medium through which force is transmitted in the hydraulic brake system of any motor vehicle operated in this State. Definitions. (b) Commissioner shall mean the State Revenue Commissioner. (c) Chemist shall mean the State Oil Chemist.

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Section 2. Brake fluid shall be deemed to be adulterated unless it meets the minimum standard for brake fluid as provided in this Act. Brake fluid shall also be deemed to be adulterated if it contains any substance which will render it injurious to the hydraulic brake system of any motor vehicle or that will impair the normal operation of the hydraulic brake system. Adulteration. Section 3. A brake fluid shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular. (b) If in package form, it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor, an accurate statement of quantity of the contents in terms of weight or measure, the words brake fluid and heavy duty, and if such information is not plainly and clearly stated on the outside of the package or container. Misbranding. Section 4. No person shall sell, have for sale, offer for sale, give, donate, distribute, or add to the hydraulic brake system of a motor vehicle in this State, any brake fluid which is misbranded or adulterated. Prohibited sales. Section 5. The State Revenue Commissioner shall establish by rule or regulation the minimum standard and specifications for brake fluid. The Commissioner shall not adopt a minimum standard or specification that is below the minimum standard and specifications established by the Society of Automotive Engineers for heavy duty type brake fluids No. 70R1. Standards. Section 6. Before any brake fluid shall be sold, exposed for sale, or stored, packed or held with intent to sell within this State, a sample thereof must be inspected or approved by the State Oil Chemist. Upon application of the manufacturer, packer, seller or distributor and the payment of a license or inspection fee of twenty-five dollars

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($25.00) for each brand or type of brake fluid submitted, the State Oil Chemist shall subject to inspection or analysis the brake fluid so submitted. If the brake fluid is not adulterated or misbranded, and meets the standards established and promulgated by the Commissioner, and is not such a type or kind that is in violation of this Act, the State Revenue Commissioner may issue the applicant a written license or permit authorizing the sale of such brake fluid in this State for the calendar year in which the license or inspection fee is paid, which license or permit shall be subject to renewal annually upon payment of a $25.00 renewal fee. If the Commissioner shall find that any brake fluid has been materially altered or adulterated, or a change has been made in the name, brand or trademark under which the brake fluid is sold, or that it violates the provisions of this Act, he shall notify the applicant and the license or permit shall be cancelled forthwith. No license or permit for the sale of brake fluid in this State shall be issued until application has been made as provided by this Act and such samples of the brake fluid as may be necessary for the State Oil Chemist to inspect it have been submitted and until the State Oil Chemist notifies the Commissioner that said brake fluid meets the specifications adopted by the Commissioner. Inspections Permits. Section 7. The Commissioner shall administer and enforce the provisions of this Act by inspections, chemical analyses, or by any other appropriate methods. All quantities, or samples of brake fluid submitted for inspection or analysis shall be taken from stocks in this State or intended for sale in this State, or the Commissioner, through his agents, may call upon the manufacturer or distributor applying for an inspection or analysis of brake fluid to supply such sample thereof for inspection or analysis. The Commissioner, through his agents or inspectors, shall have free access during business hours to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any brake fluid, and the Commissioner, acting through his agents, may open any box, carton, parcel,

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package or container holding, containing, or supposed to contain, any brake fluid and may take therefrom samples for analysis. If it appears that any of the provisions of this Act have been violated the Commissioner, acting through his authorized agents, inspectors or representatives, is hereby authorized to issue a stop-sale order which shall prohibit further sale or gift of any brake fluid being sold, exposed for sale or held with intent to sell within this State in violation of this Act, until the provisions of this Act have been complied with. Any brake fluid not in compliance with the provisions of this Act shall be subject to seizure upon complaint of the Commissioner or any of his agents, inspectors or representatives to a superior or county court in the county in which said brake fluid is located. In the event the court finds that any brake fluid is adulterated or misbranded, it may order the condemnation of said brake fluid, and the same shall be disposed of in any manner consistent with the rules and regulations of the Commissioner and the laws of this State: Provided, that in no instance shall the disposition of said brake fluid be ordered by the court without first giving the claimant or owner of same an opportunity to apply to the court for the release of said brake fluid or for permission to process or label said brake fluid so as to bring it into compliance with this Act. In case any stop-sale order shall be issued under the provisions of this Act, the agents, inspectors or representatives of the Commissioner shall release the brake fluid so withdrawn from sale when the requirements of the provisions of this Act have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal. Administration of Act. Stop-sale orders. Seizures. Section 8. The Commissioner shall have authority to establish and promulgate such rules and regulations as are necessary to promptly and efficiently enforce the provisions of this Act. All authority vested in the Commissioner by virtue of the provisions of this Act may, with like force and effect, be executed by such employees, agents, inspectors and representatives of the Commissioner as he may, from time to time, designate for such

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purpose. The Commissioner may publish or furnish, upon request, a list of the brands and classes or types of brake fluid inspected by the chemist which have been found to be in accord with this Act and for which a license or permit for sale has been issued, and it shall be lawful for any manufacturer, packer, seller or distributor of brake fluid to show, by advertising, in any manner, that his or its brand of brake fluid has been inspected, analyzed and licensed for sale by the Commissioner, acting through the State Oil Chemist. It shall be unlawful for any manufacturer, packer, seller or distributor of brake fluid to advertise, in any manner, that such brake fluid so advertised for sale has been approved by the Commissioner. Rules and regulations. Section 9. A copy of the analysis made by the State Oil Chemist of any brake fluid certified by him shall be admitted as evidence in any court of this State on the trial of any issue involving the analysis, standards or specifications of brake fluid as defined and covered by this Act. Analysis as evidence. Section 10. Any person, firm, association or corporation violating or failing to comply with any of the provisions of this Act, or any rule, regulation, standard or specification issued pursuant thereto, shall be deemed guilty of a misdemeanor and upon plea of guilty or conviction shall be punished as for a misdemeanor, and each day that any violation of this Act shall exist shall be deemed to be a separate offense. Whenever the Commissioner or his agents or representatives shall discover that any brake fluid is being sold or has been sold in violation of this Act, the State Revenue Commissioner or his agent or representatives may furnish the facts to the solicitor-general of the court having jurisdiction in the county in which such violation occurred, and it shall be the duty of such solicitor-general to promptly institute appropriate legal proceedings. Violations. Section 11. This Act shall become effective July 1, 1956.

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Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. PRACTICE OF CHIROPODY. No. 151 (Senate Bill No. 16). An Act to amend Code Chapter 84-6 regulating the practice of chiropody, so as to provide for the qualifications of applicants for examination; to increase the State board examination fee and the annual license renewal fee; to include failure to renew annual license as reason for revocation of license; to prohibit the practice of chiropody in other than an ethical professional office; to provide for advertising by chiropodist; to broaden the meaning of unlawful practice; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-603 relating to the examination of applicants to practice chiropody; time; qualification of applicants and related matters, is hereby amended by striking the entire section and in lieu thereof inserting the following: Code 84-603 amended. 84-603. Examination of applicants to practice chiropody; time; qualifications of applicants.Chiropody examinations shall be held semiannually, in such city or town as the board shall agree upon; it shall publish date and place of meetings in a newspaper published in the State of Georgia having general circulation. The board shall from time to time adopt rules and regulations as they deem necessary for the performance of their duties. Any person wishing to practice chiropody shall make written application through the Joint-Secretary, State Examining Boards, to the Board of Chiropody Examiners

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15 days prior to examinations in such form as shall be determined by the board. An applicant for license shall have attained the age of 21 years, be of good moral character, be a graduate of a recognized, accredited college of chiropody offering no less than a minimum four year course in chiropody. Examinations shall be in the English language, written or oral, embracing the following subjects: Histology, dermatology, anatomy, physiology, chemistry, bacteriology, pathology, diagnosis, and treatment, materia media and therapeutics, clinical chiropody and such added subjects as shall subsequently be taught by accredited colleges of chiropody. Any applicant having passed the required State board examination in Georgia may be granted the privilege of a limited, temporary license to practice by the approval of the State board until his permanent license is prepared and legally signed and sealed by the proper authorities. The minimum requirement for license shall be a general average of 75 percent of the subjects involved and not less than 50 percent in any one subject. Examination, qualifications of applicants. Section 2. Code Section 84-604 relating to the examination fee; annual registration recorded, is hereby amended by striking the entire section in its entirety and in lieu thereof inserting the following: Code 84-604 amended. 84-604. Examination fee, annual registration recorded. There shall be paid to the Joint-Secretary State Examining Boards by each applicant to stand examination, fifty dollars ($50.00) which shall accompany the application. All licensed chiropodists practicing or legally residing in this State shall pay the Board of Chiropody Examiners annually before the first day of September, one dollar ($1.00) license reneweal fee, and chiropodists who are not engaged in practice within two (2) years after receiving their license, or are not legally residing in the State of Georgia shall pay a five-dollar ($5.00) annual license renewal fee to retain this license on an active basis. Otherwise continuation of chiropody practice shall be punishable as provided in this Act. Original license shall be recorded in the clerk's office in superior

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court in each county where persons licensed to practice under the provisions of this Act desire to practice and the clerk must issue such person a recorded certificate stamped with his seal. Such person must display in his place of practice the original license, annual renewal certificate, and the clerk's record certificate. All chiropodists within any establishment shall have their name appear on the front door, in or on a front window, visible to the general public. After receiving a license to practice chiropody in Georgia, the holder of a license must notify the board of his permanent office address and in the event of any change in his office address at any time the board should be notified immediately. Examination fee: regestration. Section 3. Code Section 84-608 relating to the revocation of license is hereby amended by striking the entire section in its entirety and in lieu thereof inserting the following: Code 84-608 amended. 84-608. Revocation of licenses.The Board of Chiropody Examiners may, by a majority vote, refuse to grant, or may revoke the license to practice chiropody in this State, of any person or applicant, upon the following grounds to wit: Employment of fraud or deception in applying for, or passing examination for license; habitual intemperance in the use of ardent spirits or narcotics; or flagrant immorality; in failing to comply to the law in renewing license annually by paying to the board proper annual license renewal registration fee. In cases where a license is proposed to be revoked, the charges referred by the board shall be made known to the person in writing, stipulating the place of hearing and giving the person or his counsel twenty days notice. There may be an appeal from the judgment of the board by the person whose license is revoked in court, as in other cases now provided for by laws of Georiga. The board shall have the power to compel the attendance of any witnesses in behalf of the board or the person. The board shall have power to issue subpoenas to compel witnesses or material. Any witness refusing to appear and testify without legal excuse at such hearing of said board

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after having been served with a subpoena issued by said board, requiring such witness to appear and testify at such hearing, shall be guilty of contempt and the judge of the superior court in whose jurisdiction said hearing is held shall punish same as though committed before him upon certification of said act to the judge by the board. Should the person not appear, the board must proceed with the hearing and upon satisfactory proof of the charges preferred, revoke the license, regardless of the default of the person to appear. In cases of failure to renew license by paying the annual license renewal fee, the board shall have the power to revoke this license directly without a court hearing, provided the person has been given proper and timely notification in writing that renewal fee is past due and provided the person has not appealed to the board for time extension on payment of the renewal fee or has shown the Board just cause why the annual license renewal fee has not been duly paid at the time specified under the terms of this Act. Revocation of licenses. Section 4. Code Section 84-609 relating to incorporation for the purpose of practicing chiropody; foreign corporations, is hereby amended by adding the following: Any chiropodist must practice in an ethical, professional office, and not in, or as part of any corporation, or in any unauthorized mobile vehicle, or in direct connection with, or employment by any commercial establishment other than a hospital, approved clinic, or recognized, accredited college of chiropody., so that Section 84-609 as amended shall read: Code 84-609 amended. 84-609. Incorporation for purpose of practicing chiropody; foreign corporations.It shall be unlawful for any person or persons to incorporate under the laws of this State, for the purpose of practicing chiropody; but the foregoing shall not apply to accredited chiropody colleges as herein defined, whose students are receiving their practical training under personal supervision of licensed chiropodists. It shall be unlawful for any foreign corporation organized for such purpose to attempt to practice chiropody in this State. Any chiropodist must

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practice in an ethical, professional office, and not in, or as a part of any corporation, or in any unauthorized mobile vehicle, or in direct connection with, or employment by any commercial establishment other than a hospital, approved clinic, or recognized, accredited college of chiropody. Corporations. Section 5. Code Title 84, Chapter 6 regulating the practice of chiropody is hereby amended by adding the following section to be numbered 84-611 to read: Code 84-611. 84-611. Limitations on advertising.A chiropodist may advertise his practice to the public only by the listing of his name, professional title, address, telephone, and office hours on the doors and windows of his office (in letters not more than three (3) inches square); on professional cards and stationery, and in the personal and classified sections of telephone directories, all names being in alphabetical order and in standard size uniform print. Advertising. Section 6. Code Section 84-9906 relating to the penalty for unlawful practice of chiropody is hereby amended by striking the entire section and in lieu thereof inserting the following: 84-9906. Penalty of unlawful practice.Any person who shall practice or attempt to practice chiropody without a license or otherwise violate any of the terms of this Act, or use any words or letters to induce others to believe that he is engaged in the practice of chiropody, or shall use any cutting instruments upon the feet, claiming to be practicing some other branch of the healing art, other than chiropody or medicine shall be guilty of a misdemeanor and upon conviction be punished as prescribed by law. For the purpose of properly establishing and carrying out the provisions of this Act, said board is empowered and may in its discretion pay from the chiropody board fund any expense incurred therewith. This Act shall not apply to any legally licensed medical doctor and furthermore provided that this Act shall not

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prohibit the fitting, recommending, or the sale of corrective shoes, arch supports or similar mechanical appliances by retail dealers or manufacturers; provided, however, that such dealers or manufacturers, or any business including shoe repair shops, barbershops, beauty shops, or retail stores shall not be entitled to practice chiropody or represent anyone connected with the business as chiropodists or medical doctors in any manner to mislead the public or for the purpose of selling their merchandise as in this Act defined unless duly licensed to do so as hereinbefore provided. Unlawful practice. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. LIVESTOCK AND POULTRY DISEASE CONTROL BOARD. No.154 (Senate Bill No. 50). An Act to create a Livestock and Poultry Disease Control Board; to provide for the members, duties and compensation of the members thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a Livestock and Poultry Disease Control Board to be composed of the Commissioner of Agriculture, ex officio, as chairman, and the following as members: the president of the Georgia Livestock Association; the president of the Georgia Swine Breeders Association; the president of the Georgia Swine Breeders Association; the president of the Georgia Veterinary Medical Association; the president of the Georgia Poultry Federation; the president of the Georgia Milk Producers Association; the president of the Georgia

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Sheep Breeders Association; the president, or some person designated by the president of the Georgia Farm Bureau Federation; the president, or some person designated by the president of the Georgia Stockyard Operators Association; the Dean of the College of Agriculture or some person designated by him; the Director of the Experimental Stations or some person designated by him; the Director of the Agriculture Extension Service or some person designated by him; the State Supervisor of Vocational Agriculture or some person designated by him; the Dean of the School of Veterinary Medicine or some person designated by him. The chairman shall be compensated in the amount of $20.00 for each day of service on business of the board to be paid from the funds of the Department of Agriculture. No member shall be paid more than $240. per annum. Board. Section 2. The board shall serve in an advisory capacity to the Commissioner of Agriculture in matters pertaining to livestock and poultry disease control and the Commissioner of Agriculture shall call a meeting of the board and consult the Livestock and Poultry Disease Control Board before promulgating rules and regulations on matters pertaining to livestock and poultry disease control. Duties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. ATTENDANCE OF WITNESSES AND FEES. Code 38-1501 Amended. No. 158 (House Bill No. 386). 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

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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 striking therefrom the figure 135,000, and inserting in lieu thereof the figure 300,000, so that when so amended, Section 38-1501 shall read as follows: 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

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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 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 population of not less than 110,000 or more than 300,000 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

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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 him to appear in such court or before the grand jury on any one day. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. SOLICITORS-GENERAL RETIREMENT ACT AMENDED. No. 160 (House Bill No. 202). An Act to amend an Act creating the office of Solicitor-General Emeritus and creating the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, so as to provide for the transfer of funds from such fund to the State Employees' Retirement System; to provide for additional payments; 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 the office of Solicitor-General Emeritus and creating the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, is hereby amended by adding a new section, to be known as Section 11A, to read as follows: Section 11A. The board of trustees of the Solicitors-General

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Retirement Fund shall transfer to the State Employees' Retirement System all contributions made to such fund by a member who transfers to the State Employees' Retirement System, and the State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operating expenses of the superior courts of this State an additional amount equal to the 5% contribution of such member plus an additional 20% of the contribution, so that the State contribution shall be in accordance with the provisions of the State Employees' Retirement System Act. Transfer of funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956. CARE OF PREGNANT UNMARRIED MOTHERS. No. 164 (House Bill No. 171). An Act to amend an Act approved March 27, 1941, by inserting in its appropriate place a section to provide for the payment of maternity home and foster home care for pregnant unmarried mothers, and to provide further for the utilization of any Federal monies now available, or which may be available in the future in administering the benefits of this section of the Act and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly of Georgia, approved March 27, 1941, known as the Georgia Adoption Act (Ga. L., 1941, pp. 300 to 309) be, and the same is hereby amended by adding a section to be inserted in the appropriate place to read as follows: Beginning July 1, 1956 the State Department of Public Welfare

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is hereby authorized to contract with suitable second parties for maternity and foster home care in matters involving the adoption of children of unmarried mothers where the State Department of Public Welfare is the child placing agency. Act of 1941 amended. Section 2. The State Department of Public Welfare is further authorized to take advantage of any Federal monies now available or which may be available in the future in administering the benefits of this section of the Act. Federal monies. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1956. GLYNN COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 27 (House Resolution No. 59-163h). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following:

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Notwithstanding anything elsewhere provided in this Constitution, the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education. Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in Glynn County for two months previous to the time of holding the next general election. Section 3. Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Glynn County at the next general election to be held after the publication as provided for in the second section of this resolution, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption shall not apply to taxes assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption shall not apply to taxes

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assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education. If such amendment is ratified in accordance with the Constitution of this State, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. JOINT ECONOMY COMMITTEE REPORT. No. 28 (House Resolution No. 65-194b). A Resolution. To authorize and direct the department heads and the governing authorities of the various State departments to investigate and implement the recommendations of the Joint Economy Committee; and for other purposes. Whereas, a Joint Economy Committee was created by a Resolution approved June 24, 1955 (1955 Ex. Sess., p. 56), to study ways and means of affecting economy in the operation of the State government, and Whereas, the reports of the Joint Economy Committee contain recommendations concerning the various State departments that will effectuate economy in the operation of the departments, and Whereas, these recommendations should be adopted and implemented whereever possible. Now therefore, be it resolved by the General Assembly

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of Georgia that each department head and the governing authority of each department is hereby authorized and directed to investigate and implement the recommendations of the Joint Economy Committee relative to his or their department wherever possible. Be it further resolved, that each department head and the governing authority of each department report to the committee of the House and to the committee of the Senate that handles matters pertaining to his or their department at the 1957 session of the General Assembly, as to his or their action concerning each recommendation, the result accomplished by the implementation of those that are put into effect and where the recommendation is not adopted or implemented, an explanation of the reason for not so doing, as to each recommendation relating to his or their department. Such report shall be filed with the Speaker and President. Provided, further that a copy of this Resolution be sent to each department head. Approved February 23, 1956. GRANT OF EASEMENT TO OKEFENOKEE RURAL ELECTRIC MEMBERSHIP CORPORATION. No. 29 (House Resolution No. 13-33b). A Resolution. Ratifying an easement granted by the State of Georgia to the Okefenokee Rural Electric Membership Corporation; and for other purposes. Whereas, the State of Georgia, by and through Roy F. Chalker, Director, Department of State Parks, Historic Sites and Monuments, under date of October 25,

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1955, did grant to the Okefenokee Rural Electric Membership Corporation of Nahunta, Georgia an easement for the erection of electric lines across Santa Maria State Park in Camden County, Georgia, and Whereas, a copy of said easement is on file in the office of the Secretary of State, and Whereas, the granting of said easement was approved by Marvin Griffin, Governor, State of Georgia, but was granted subject to ratification by the General Assembly of Georgia, Now, therefore, be it resolved by the General Assembly of Georgia, that the granting of the aforesaid easement is hereby ratified. Be it further resolved, that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolution to the Governor, to the Secretary of State, and to the Director of the Department of State Parks, Historic Sites and Monuments. Approved February 23, 1956. ATLANTAREVENUE ANTICIPATION CERTIFICATES. Proposed Amendment to the Constitution. No. 33 (Senate Resolution No. 21). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates.

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Be it resolved by the General Assembly of the State of Georgia as follows: Section 1. That Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making additions, extensions, alterations, or improvements in its water works system, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing incinerators or crematories for the disposal of garbage, refuse and waste, by its sanitary department, and acquiring the necessary property therefor, either or both, may, from time to time, issue interest bearing revenue certificates to be paid solely out of the revenues derived from water or sanitary service charges respectively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as Water Works Department Revenue Fund and Sanitary Department Revenue Fund, a sufficient sum, not to exceed thirty (30%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, conversion and exchangeability privileges, and may be subject to such terms of redemption with or

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without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the mayor and board of aldermen, and signed by the mayor and and comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incontestable and conclusive. Before issuing any such revenue certificates the mayor and board of aldermen shall provide by resolution for the allocation of a percentage of the anticipated receipts necessary to pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation created by said certificates shall not be construed as a debt within the restriction as to debt limit of this paragraph. Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with Ayes and nays thereon, and published as required by Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, for two months previous to the time for holding

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the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people, as provided in said article, section and paragraph, for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, and the Governor shall make a proclamation therefor, as provided by law. LEASE OF PROPERTY IN CHATHAM COUNTY FOR ARMORY. No. 34 (House Resolution No. 209-587e). A Resolution. Authorizing and directing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Chatham County and to be used as a site for construction of an armory for

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the Georgia Air National Guard, with one-hundred (100) percent Federal funds. Whereas, by deed of recent date Chatham County through its commissioners and ex officio judges conveyed to the State without cost certain real property in Chatham County more fully described hereafter, to be used as a site for construction of an armory for the Georgia Air National Guard, and Whereas, the Government of the United States proposes to construct said armory on said property, utilizing 100% Federal monies on condition that the State of Georgia lease said property for a term of years, and Whereas, said property is described as follows: Commencing at an old stone at the intersection of the south line of Chatham County Farm and the east line of East Chippewa Subdivision on the east side of Waters Road; thence S-71-30-E. for a distance of 85 feet along the south line of Chatham County Farm to a point; thence N-18-30-E. for a distance of 264.4 feet to a concrete monument which is the point of beginning; thence N-18-30-E. for a distance of 289.1 feet to a concrete monument; thence N-71-30-W. for a distance of 62.89 feet to a concrete monument; thence N-17-21-E. for a distance of 600 feet to a concrete monument; thence S-72-30-E. for a distance of 615.17 feet along the south right-of-way line of Intermediate Road to a concrete monument; thence S-17-30W. for a distance of 899.6 feet to a concrete monument, thence N-71-30W. for a distance of 557.04 feet to the point of beginning, bounded on the north by Intermediate Road, on the east by lands of Chatham County, on the south by lands of Chatham County, and on the west by lands of Chatham County and Martha Cowart. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor

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be authorized and directed to execute a lease of the above described real estate to the United States Government on such terms and conditions as to effectuate the purposes herein before referred to, said conditions to be inter alia, but not limited to, the following: (a) Term of years with right of renewal for a total minimum of 50 years. (b) A rental consideration of $1.00. (c) Reservation to the United States of title to all permanent improvements to be placed on said real estate, and the right to dispose of such improvements by sale or abandonment. (d) Waiver by the State of Georgia of any and all claims for restoration of the leased premises. Approved February 23, 1956. JUDGE I. HOMER SUTTON BRIDGE. No. 39 (House Resolution No. 45-129a). A Resolution. Designating a certain bridge as the Judge I. Homer Sutton Bridge; and for other purposes. Whereas, Honorable I. Homer Sutton, a lifelong resident of Clarkesville, Georgia, in Habersham County, has devoted the greater part of his long and rich life to public service; and Whereas, he served his State as a Judge in the Court of Appeals for a period of some 22 years, from May 28, 1932, to January 15, 1954, after which he served as a Justice of the Supreme Court of Georgia until his retirement in 1954; and

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Whereas, Judge Sutton is one of the most beloved public figures in the State of Georgia and is loved by the people of all walks of life; and Whereas, it is only fitting and proper that he be honored in some manner even though he can never be repaid for all the splendid service he has rendered his State and county. Now, therefore, be it resolved by the General Assembly of Georgia, that the bridge over the Soque River on the Burton Road in Habersham County at Clarkesville, Georgia, be hereby designated as the Judge I. Homer Sutton Bridge. Be it further resolved, that the State Highway Department is hereby authorized and directed to designate said bridge as aforesaid, and to have placed on or near said bridge an appropriate sign bearing the name Judge I. Homer Sutton Bridge. Approved February 23, 1956. MACON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 43 (Senate Resolution No. 28). 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 Macon County by the people; to provide for date of elections; to provide for terms of office; 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:

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Section 1. Article VIII, Section V, Paragraph 1 of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following: The County Board of Education of Macon County shall be composed of five members, who shall be elected by the people of said county. Not less than five nor more than ten days after the date of the ratification of this amendment, the Ordinary of Macon County shall issue a call for an election for the purpose of electing the members of the county board of education. The date of such election shall be fixed to be held on a date not less than twenty nor more than thirty days from the date of the call thereof. The date and purpose of such election shall be published in the official organ of Macon County once a week for two weeks immediately preceding the date of the election. The five persons receiving the highest number of votes at said election shall take office January 1, 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 term of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term. The members of the board shall be elected from that portion of the county not embraced within the territory of an independent school district. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945,

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as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon 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 Macon County by the people. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

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SALE OF OLD GEORGIA NATIONAL GUARD ARMORY SITE. No. 44 (House Resolution No. 60-163i). A Resolution. To authorize the Governor on behalf of the State, to negotiate and sell a tract of State land; and for other purposes. Whereas, J. P. Stevens and Company, Incorporated, is desirous of purchasing a tract of land in Milledgeville, Georgia, known as the Old Georgia National Guard Armory Site containing 6.48 acres; and Whereas, said tract is now outmoded and no longer needed for the purpose for which it was being used, and is not needed by the State for any purpose; Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor acting on behalf of the State, is authorized to negotiate and to sell, if advisable, that tract of land located in Milledgeville, Georgia, known as the Old Georgia National Guard Armory Site containing 6.48 acres and being more particularly described by a plat of same drawn by Robert and Company Associates dated December 27, 1955. Approved February 23, 1956.

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MOSQUITO CONTROL IN CHATHAM COUNTY. Proposed Amendment to the Constitution. No. 45 (Senate Resolution No. 32). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; 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 IV, Paragraph I, of the Constitution relating to taxing powers of counties, is hereby amended by adding at the end thereof the following: The governing authority of Chatham County is hereby authorized to expend county funds for the purpose of eradicating mosquitoes in said county and to control drainage and sanitation and to use whatever other means reasonably necessary to accomplish said purpose. 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

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shall have written or printed thereon the following: For ratification of amendment to Constitution so as to authorize the governing authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes. Against ratification of amendment to Constitution so as to authorize the governing authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes. 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 issue his proclamation thereon. SALE OF LAND TO ROBERT LATHAM. No. 46 (House Resolution No. 141-399e). A Resolution. To authorize the Governor to sell approximately fifty-eight (58) acres of land owned by the State of Georgia in Forsyth County and Dawson County, Georgia, which have never been granted by the State; and for other purposes. Whereas, there are approximately fifty-eight (58) acres of land located on the north half of Lot 11 in the northeast corner of Lot 10, Third District and First

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Section of Forsyth County, Georgia, and fractional lots numbers ten (10) and eleven (11) in the Fourth District and First Section of Dawson County, Georgia, which are owned by the State of Georgia, and which inadvertently the State has failed to show its grant; and Whereas, said property cannot be beneficially or conveniently used by the State of Georgia for State purposes; and Whereas, said property was conveyed by W. T. Shoemaker to Dr. J. M. Roberts by deed on the 21st day of January, 1891; and Whereas, J. G. and Mrs. M. S. Roberts, as administrators cum testamento annexo of the estate of J. M. Roberts of Cherokee County, Georgia, conveyed the above property on September 5, 1940, to Robert Latham of Cherokee County, Georgia; and Whereas, said land has been held by Dr. J. M. Roberts, his estate, and Robert Latham, as apparent owners, from 1891 until the present date; and Whereas, the said Dr. Roberts, his estate, and Robert Latham, have treated the property as their own and continuously paid the taxes thereon every year since 1891. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized to sell such property to Robert Latham of Cherokee County, Georgia, for the sum of one hundred dollars ($100.00) in order that any apparent interests of the State of Georgia may be divested and that the title of said property be vested thereby in Robert Latham and that the funds derived therefrom be paid into the State treasury. Be it further resolved, that the Governor be and he

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is hereby authorized to execute for and in behalf of the State the necessary deeds to execute a transfer of title from the State of Georgia to said Robert Latham. Approved February 23, 1956. CONVEYANCE OF LAND IN CAMDEN COUNTY TO FEDERAL GOVERNMENT. No. 48 (House Resolution No. 12-33a). A Resolution. Authorizing the Governor to convey certain State property in 29th G. M. District in Camden County, Georgia, being a part of the Santa Maria State Park property, to the United States of America as a part of a proposed ammunition loading dumpKing's Bay, near St. Mary's Georgia, to be used by the United States Army and Navy; and for other purposes. Whereas, the United States of America, acting by and through its Corps of Engineers, is seeking to acquire title to a tract of land consisting of 4635.08 acres of land, situated in Camden County, Georgia, for the purpose of constructing and establishing an ammunition dump and loading point, to be known as King's Bay Ammunition Dump, to be used by the United States Army and Navy for defense purposes; and Whereas, the State of Georgia owns 91.8 acres, more or less, as a part of its State park system, located in Camden County, Georgia, and being known as the Santa Maria State Park, on which is located the ruins of what is supposedly to have been a Spanish Mission, and is, therefore, of historic interest and value; and Whereas, the United States of America desires a portion of this property for the use in connection with the

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King's Bay Ammunition Dump, which lies across State Highway 40-S, from the actual site of the mission and was acquired by the State only for the purpose of protection of the said mission, and disposal to the United States of America for the purposes for which it will be used thereof would not interfere or devaluate the remaining property for the purposes for which it was acquired; and Whereas, the United States of America further desires the right of easement across the remaining property for the purpose of building a railroad right-of-way, the location of which would not damage or interfere with the property for the purposes for which it was acquired and is now being maintained. The property to which the United States of America desires title consisting of 19.41 acres, more or less, is more particularly described as follows: All that tract or parcel of land lying and being in the 29th G. M. District, Camden County, Georgia, bounded on the north, east and south by land of Rayonier, Inc., on the west by the east right-of-way line of State Highway No. 40-S, and being more particularly described as follows: Beginning at an iron axle, a corner to the land of Rayonier, Inc., and the most southeast corner of the herein described tract; thence from the point of beginning with the land of Rayonier, Inc., N 88 56 W four hundred one and seventy-five hundredths (401.75) feet to a stake on the east right-of-way line of State Highway No. 40-S; thence with the east right-of-way line of State Highway No. 40-S North 01 17 W two thousand seventy-one and ninety-seven hundredths (2,071.97) feet to a stake; thence leaving the east right-of-way of said highway, and with the land of Rayonier, Inc., N 88 20 E four hundred twenty-one and sixty hundredths (421.60) feet to an iron axle; thence continuing with the land of Rayonier, Inc., S 00 44

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E two thousand seventy-two (2,072) feet to the point of beginning, and containing 19.41 acres, more or less. The land as described is a part of the land conveyed by Georgia Timber Company to State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments, by a deed dated 4 June 1942 and deed from Rayonier, Inc. to the State of Georgia dated June 16, 1955, and recorded respectively in Deed Book PP, page 441, and Deed Book 51, pages 52-53, of the Records of Camden County, Georgia. The property over which the United States of America desires an easement for railroad right-of-way purposes consisting of 6.84 acres, more or less, is described as follows, to wit: All that tract or parcel of land lying and being in the 29th G. M. District, Camden Country, Georgia, bounded on the north by other land of the State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments on the east by the west right-of-way of State Highway No. 40-S, south by other land of the State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments, on the west by land of Rayonier, Inc., and being more particularly described as follows: Beginning at a point, said point being on the west right-of-way line of State Highway No. 40-S, being also S 88 20 W four hundred twenty-one and sixty hundredths (421.60) feet; thence S 01 17 E two hundred seventy-four and thirty-five hundredths (274.35) feet; thence S 83 47 W one hundred thirty-seven hundredths (100.37) feet from an iron axle, said axle being the most northeast corner of the land of the State of Georgia, Department of Natural Resources, known as Santa Maria Mission State Park, being also a corner of the land of Rayonier, Inc.; thence from the

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point of beginning with the west right-of-way of State Highway No. 40-S S 01 17 E two hundred one and eight hundredths (201.08) feet to a point; thence along a line through the land of the State of Georgia, Department of Natural Resources, S 83 47 W, one thousand three hundred forty-one and seventy-three hundredths (1,341.73) feet to a concrete monument; thence continuing S 83 47 W, one hundred fifty (150) feet to a point on the property line of Rayonier, Inc.; thence along the land of Rayonier, Inc., N 00 44 W, two hundred one (201) feet; thence through the land of the State of Georgia, Department of Natural Resources, N 83 47 E, one hundred thirty (130) feet to a concrete monument; thence continuing N 83 47 E, one thousand three hundred fifty seven and seventy-three hundredths (1,357.73) feet to the point of beginning, and containing 6.84 acres, more or less. The land as described is a part of the land conveyed by Georgia Timber Company to the State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments by a deed dated 4 June 1942 and deed from Rayonier, Inc. to the State of Georgia dated June 16, 1955, and recorded respectively in Deed Book PP, page 441, and Deed Book 51, pages 52-53, of the Records of Camden County, Georgia. Now, therefore, be it resolved by the General Assembly of Georgia, that his Excellency, the Governor, be, and he is hereby authorized and empowered to sell and convey to the United States of America the property described above as being desired by the United States of America, and to grant an easement over the property above described as being the property over which a railroad right-of-way easement is desired by the United States of America, and to execute such instruments as are or may be necessary to consummate the sale of said properties or interest therein to the United States of America for the consideration

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of the sum of the appraised value thereof, made by the United States Corps of Engineers provided said sum meets the approval of the Governor. Approved February 23, 1956. ATLANTA JUDICIAL CIRCUITADDITIONAL JUDGES. No. 168 (House Bill No. 86). An Act to add two additional judges of the Superior Court for the Atlanta Judicial Circuit; to regulate the manner in which the judges of said Atlanta Circuit shall dispose of the business thereof; to fix the time at which said additional judges shall begin their respective first terms; and the manner of their appointment, and subsequent elections to such offices; and to authorize the judges of said Atlanta Circuit to formulate, promulgate and enforce and to alter, modify and change rules of practice and procedure in said circuit; 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 two additional judges of the Superior Court of the Atlanta Circuit, as authorized under Paragraph 1, Section 3, Article 6 of the 1945 Constitution of the State of Georgia (Code Section 2-3801), are hereby provided for, and said additional judges shall be appointed by his Excellency, The Governor, each for a term of office commencing on the date of his qualification under said appointment and continuing until the first day of January, 1957, and until his successor shall have been duly elected and qualified in the manner now provided by law for the election of judges of the superior court. Appointment. Section 2. Be it further enacted by the authority

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aforesaid, that the successor of each said additional judge of the Superior Court of Atlanta Circuit shall be elected in the manner now provided by law for the election of judges of the superior courts of this State at the general election to be held on the first Tuesday following the first Monday in November, 1956, for a term of four years, beginning on the first day of January, 1957, and until his successor shall have been elected and qualified. All future elections for each such judge shall be for a term as provided by the law relating to terms of superior court judges, and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of this State. Election and term. Section 3. Be it further enacted by the authority aforesaid, that the qualifications of each such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation shall be the same as that of each of the present judges of the Superior Court of said Atlanta Circuit and all laws now of force relating to the compensation of judges of the Superior Court of the Atlanta Circuit shall apply to each said additional judge; provided, that the salary of each said judge or his successor or successors, to be paid out of the State treasury shall not exceed the amount paid from that source to other judges of the superior courts of this State. But this proviso shall not affect the additional salary provided for by the amendment to the Constitution set out in Acts of the General Assembly for 1920 at pages 20, et seq., and ratified November 2, 1920, or Paragraph 1, Section 12 of Article 6 of the 1945 Constitution of Georgia (Code Section 2-4701), and any Act of the legislature or any constitutional provision under or pursuant to which additional salary or compensation should or could be paid a judge of the Superior Court of the Atlanta Circuit is, and shall be applicable to each judge provided for by this Act. Qualifications. Compensation. Section 4. Be it further enacted by the authority aforesaid, that each said additional judge of the Superior Court of said Atlanta Circuit shall have all the powers

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jurisdiction, duties and dignity of the present judges of the Superior Court of the Atlanta Circuit, and of all other judges of the superior courts of said State. Powers. Section 5. Be it further enacted by the authority aforesaid that the provisions of the Act No. 1, pages 60 et seq., Published Laws for the session of 1907 of the General Assembly, approved July 23, 1907, contained in Sections 5 to 11 of said Act, both inclusive, are hereby re-enacted and continued of force and applied to the conditions which will exist when said Atlanta Circuit shall have nine judges instead of seven as now existing. Act of 1907. Section 6. Be it further enacted by the authority aforesaid, that the judges of the Superior Court of the Atlanta Circuit or a majority of them may adopt, promulgate and enforce such rules of practice and procedure relative to calling cases on the dockets of said court, making up trial calendars thereof, providing for publication of notices as to calendars and assignments of cases, and providing for the dismissal of cases for want of prosecution or failure of counsel by notice under said rules to bring forward to the trial calendar, and for the assignment of appeal and claim cases and special orders and for checking cases pending other engagements, and providing for holding cases pending sickness of counsel and general rules and regulations for the efficient, prompt and convenient dispatch of the business of said court as in their discretion may be necessary, judicious and proper, and from time to time as may be necessary or proper may alter, modify and change said rules of practice and procedure in said circuit and rules of practice heretofore adopted or promulgated by the judges in said circuit. Practice and procedure rules. Section 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 27, 1956.

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EMPLOYEES' RETIREMENT SYSTEM AMENDED. No. 169 (Senate Bill No. 156). An Act to authorize all eligible officers and employees of the State Office Building Authority to become members of the Employees' Retirement System of Georgia; to authorize the payment of contributions under said system; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. All eligible officers and employees of the State Office Building Authority shall be subject to a merit system of employment as promulgated by the State Office Building Authority under which all such officers and employees shall be selected on a basis of merit, fitness, and efficiency according to law. All such officers and employees are hereby authorized to become and be members of the Employees' Retirement System of Georgia as established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, with a commencement date which shall be not earlier than the first of the month following the passage and approval of this Act. There shall be paid from the funds appropriated for the operation of the State Office Building Authority all contributions required by the Retirement Act; and all such payments shall be in addition to the regular compensation allowed to the said officers and employees. Employees of State Office Building Authority. Section 2. All laws in conflict with the provisions of this Act are hereby repealed. Approved February 27, 1956.

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INSURANCE COMPANIESPARTICIPATION BY POLICYHOLDERS IN PROFITS. Code 56-216 Amended. No. 177 (Senate Bill No. 99). An Act to amend Section 56-216 of the Code, relating to participation by policy holders in the net profits of insurance companies, as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 121), so as to provide that the form of any policy containing the provisions prescribed in said Code section must be approved by the Insurance Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 56-216 of the Code, relating to participation by policyholders in the net profits of insurance companies, as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 121), is hereby amended by adding a new sentence at the end thereof, as follows: The form of any policy containing such provisions must be submitted to and receive the approval of the Insurance Commissioner of the State of Georgia before issuance and delivery of such policy within this State. so that when so amended, Section 56-216 shall read as follows: Code 56-216 amended. 56-216. The board of directors, after providing for such reserve as may be required by law, by a majority vote, may give the holders of policies of any company organized under this Chapter on any particular line or class of insurance the right to participate in the net profits of such company to such an extent, in such manner, and upon such terms as the board of directors may agree, the same to be plainly stated on the face of the policy; and unless it be stated on the face of the policy that the policyholder has the right to participate, such policyholder shall not participate in any of the profits

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of such company. This principle shall apply to all participating policies issued by any company organized under this Chapter, whether such company is a mutual or stock company. The form of any policy containing such provisions must be submitted to and receive the approval of the Insurance Commissioner of the State of Georgia before issuance and delivery of such policy within this State. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. INSURANCE POLICIESAPPROVAL OF FORMS. No. 179 (Senate Bill No. 58). An Act to provide for the filing of all policies of insurance with the Insurance Commissioner; to provide for the approval of all such policies by the Insurance Commissioner; to provide penalties; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No policies of insurance of any class whatsoever may be issued for delivery in the State of Georgia until a copy of such policy form has been filed with and approved by the Insurance Commissioner of Georgia. The Commissioner shall approve or disapprove such policy form not later than 30 days after such policy forms are filed, otherwise such policies shall be deemed to be approved. If disapproved, the Commissioner shall notify the company submitting such policy forms, in writing, stating the reasons for such disapproval. The Commissioner may withdraw approval of a policy form previously approved, after formal hearing, notice of which hearing shall be given to the company in writing at least

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20 days in advance. The action of the Commissioner in approving, disapproving or withdrawing approval of any such policy form may be reviewed by certiorari to the Superior Court of Fulton County, Georgia, as in other cases provided by law. Filing of forms with Insurance Commissioner. The Commissioner may, by order, exempt from the requirements of this section for so long as he deems proper, any insurance document or form or type thereof as specified in such order, to which in his discretion this section may not practically be applied, or the filing and approval of which are, in his discretion, not desirable or necessary for the protection of the public. Discretion of Commissioner. Section 2. Any person, firm or corporation delivering or causing to be delivered in this State any policy of insurance the form of which has not been approved by the Commissioner of Insurance as required by this Act, shall be deemed guilty of a misdemeanor. Violations. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. The provisions of this Act shall become effective as of the first day of July 1956. Approved February 27, 1956 PEACE OFFICERS' BENEFIT FUND AMENDED. No. 181 (Senate Bill No. 49). An Act to amend an Act entitled An Act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; to provide for a commission to receive and disburse such funds; to provide for a method of payment of such fund to beneficiaries thereof, and for other purposes, approved February 1,

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1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), and an Act approved March 3, 1955 (Ga. L. 1955, p. 387), so as to clarify provisions relative to the board of commissioners; to authorize per diem; to authorize the compensation of the secretary-treasurer to be fixed by the board; to clarify provisions relative to funds received by the board; to provide for powers and duties of the board; to clarify provisions relative to records of the board; to clarify definitions; to change the provisions relating to applications for membership in the fund; to provide for statements of prior service; to change the provisions relative to eligibility; to change the amount of payments into the fund by members thereof, to provide for payments to the fund; to change the provisions relative to benefits; to change the provisions relative to payments to a designated beneficiary; to provide for retaining certain persons as members of the fund, not to exceed 12 months; to provide for receiving credit for certain service in the armed forces of the United States; to provide for penalties; 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 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 funds to beneficiaries thereof, and for other purposes, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved

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January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), and an Act approved March 3, 1955 (Ga. L. 1955, p. 387), 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. Be it enacted by the General Assembly of Georgia that in order to carry out the provisions of this Act and to perform the duties fixed by this Act, there is hereby created a board, to be known as the Board of Commisioners of the Peace Officers' Annuity and Benefit Fund of Georgia. Said board shall be composed of five members, as follows: The Governor, the Attorney General, the Comptroller General, the President of The Peace Officers' Association of Georgia, Inc., and one member of The Peace Officers' Association of Georgia, Inc., to be elected by the Association. The member elected by the association shall take office on the first day of January immediately succeeding his election and shall serve for a term of two years. The two members of the board from the association shall each receive the amount of $15.00 for each meeting of the board, and all board members shall be reimbursed for their actual expenses in attending meetings of the board. Board of Commissioners. Section 2. Said Act is further amended by striking Section 3 in its entirety, and inserting in lieu thereof a new Section 3, to read as follows: Section 3. There is hereby created the office of Secretary-Treasurer of the Peace Officers' Annuity and Benefit Fund of Georgia, who shall be elected by the board and who shall serve at the pleasure of the board. His compensation shall be fixed by the board. He shall perform the duties provided for in this Act, and such other duties and services as the board may direct. Secretary-Treasurer. Section 3. Said Act is further amended by striking in its entirety from the aforesaid amendatory Act of 1951, Section 3a, which reads as follows: Sec. 3a repealed.

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Section 3a. Nothing in this Act shall make it mandatory for eligible participants in this fund to become members of The Peace Officers' Association of Georgia, Inc. Section 4. Said Act is further amended by striking Section 4 in its entirety, and inserting in lieu thereof a new Section 4, to read as follows: Section 4. The board shall have such control of the funds provided for in this Act as is not inconsistent with the provisions of this Act and the general State laws. All funds received by the board shall be deposited in a special account in the name of the Peace Officers' Annuity and Benefit Fund of Georgia. The board is hereby given the authority to expend the funds in accordance with the provisions of this Act and to invest any of the funds received in any investments which are legal investments for insurance companies under the laws of the State of Georgia. Funds. Investments. Section 5. 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 board of commissioners is hereby given the following powers and duties: To provide for the collection of all moneys provided for in this Act; to provide for payment of all annuities and benefits to members of this fund as provided for by law; to provide for and maintain all necessary administrative facilities and personnel; to provide for payment of all administrative salaries, fees and expenses; to hear and determine applications for membership in this fund according to the terms of this Act; to hear and determine applications for disability payments, death benefits and retirement, according to the terms of this Act; to make rules, regulations and requirements consistent herewith for determining eligibility of members of said fund for disability payments, death benefits and retirement; to delegate its authority to invest funds to one or more members of the board; upon application of any person who is or has

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been a legally qualified member of this fund, as is provided for in this Act, to provide for refund to such member of 75% of all dues paid by said member over any and all periods of service as such member during which the nature of such services qualify as creditable services within the meaning of this Act; upon any application of any person who shall have received a refund of dues, as above set out, to provide for reinstatement of such person as a member of this fund and give credit for all periods of service for said person as a peace officer within the meaning of this Act, providing such person shall at the time of said application be a peace officer within the meaning of this Act and shall tender back to said fund all moneys and all dues previously refunded plus regular dues for any other period of service during which such person may have served as a peace officer within the meaning of this Act after March 1, 1951, for which dues have not been paid; to provide for refund of 100% of any over payment of dues paid by any person for any period of service during which it may be determined that such person was not a peace officer within the meaning of this Act and for such period of service such person is not entitled to credit; upon application of any peace officer who may apply for membership in said fund, and who may owe dues for creditable services since March 1, 1951, to allow and provide for periodic payments thereof over a period of not more than 18 months immediately subsequent to the date of his acceptance as a member; to provide for the keeping of minutes and records of all board meetings and proceedings under the terms of this Act, including all rules, regulations, delegations and requirements passed upon by said board pursuant to authority herein granted; and, to exercise such other powers, not inconsistent herewith, as are necessary for the proper administration of this Act. Provided further, that said board may delegate any and all duties and authorities herein granted to the secretary-treasurer under such conditions as may be deemed proper by said board; provided, however, said board shall at all times hear and determine any matter relative hereto if it so desires, or if such matter be referred to it by the secretary-treasurer, or

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upon appeal to said board by any person affected by a decision made by the secretary-treasurer. Powers and duties of board. Section 6. 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. It shall be the duty of the board to keep permanent records of all its actions in granting annuities or benefits. Such records shall give the name of the recipient, the date of the beginning of the service of the involved peace officer, the date of such officer's incapacity, retirement or death, the reason therefor, and such other information as the board shall desire. Applications for annuities or benefits shall contain such information as the board shall require. All records, papers and other data shall be carefully preserved and turned over to the succeeding members of the board. Records. Section 7. Said Act is further amended by striking Section 8 in its entirety, and inserting in lieu thereof a new Section 8, to read as follows: Section 8. The term `peace officer', as used in this Act, shall mean any peace officer who is employed by the State of Georgia or any political subdivision thereof, who is required by the terms of his employment as such peace officer, whether such employment exists by virtue of election or appointment, to give his full time to his job as such peace officer. Such term shall also include any warden or guard of State or county public works camps and any warden or guard of municipal public works camps of a municipality having a population of 70,000 or more according to the last or any future United States census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard. Any warden or guard of a municipal public works camp who on or before October 1, 1956, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other employees

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during such periods are entitled. The word `income', as used in this Act, shall mean any and all income received by a peace officer for services rendered, whether such income be in the form of salary, fees, subsistence allowance or other type of allowance, or any combination thereof. The word `service' as used in this Act to determine the amount of annuities or benefits due any beneficiary under the provisions of this Act, shall mean the total number of years in the aggregate actually served by a peace officer, computed from the date such peace officer began his service as a peace officer, except that no peace officer shall receive credit for any service performed after March 1, 1951, unless he has had paid into the fund the amount required for such service. Peace officer. Income. Service. Section 8. Said Act is further amended by striking Section 9 in its entirety, and inserting in lieu thereof a new Section 9, to read as follows: Section 9. Any peace officer, as herein defined, in order to obtain membership in the fund, shall make application to the board upon an application blank to be furnished for that purpose by the board. An applicant must list all periods of prior service for which he intends to seek credit, and he shall forever be barred from receiving credit for any service rendered prior to the date of such application which is not listed on said application. An application must be accompanied by a report of a medical examination of such applicant, which report shall note any physical defects of such applicant, and such medical examination must have been made not more than 15 days prior to the date of such application. The board, in its discretion, may provide for an examination of such medical examination reports by a physician of the board's choosing, and shall also have the authority to require a medical examination of any applicant by a physician of the board's own choosing. In addition to any other authority possessed by the board to reject an application for membership, it is hereby given the authority to reject an application for membership for medical reasons. Applications for participation.

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All present members of the fund shall present a statement to the board stating the periods of prior service for which they intend to seek credit, and they shall forever be barred from receiving credit for any service rendered prior to the date of such statement which is not listed on said statement. All such statements shall be in the hands of the board on or before October 1, 1956. It shall be the duty of the board to determine whether the service for which an applicant or a present member intends to seek credit in such service as is creditable under the provisions of this Act, and so notify such applicant or member. Those persons who are serving as peace officers on April 1, 1956 must make application for membership in the fund on or before October 1, 1956, or shall forever be ineligible for membership in the fund and for any annuities or benefits provided for in this Act. Any person who, on or after April 2, 1956 becomes a peace officer, must make application for membership in the fund within eight (8) months from the date of becoming such peace officer, or forever be ineligible for membership in the fund and for any annuities or benefits provided for in this Act; provided, however, that any person who becomes a peace officer on or after October 1, 1956 and who is 45 years of age or older shall never be eligible for membership in the fund, and for any annuities or benefits provided for in this Act. In addition to the requirements stated hereinbefore, an application for membership shall contain such other information as may be required by the board. Any person who is a member of the fund shall pay into the fund the sum of $6.00 per month, not later than the 10th day of the month, for that month. Any member desiring to receive credit for creditable service after March 1, 1951, and who has not paid therefor, shall pay therefor at the rate of $6.00 per month. Section 9. Said Act is further amended by striking Section 10 in its entirety, and inserting in lieu thereof a new Section 10, to read as follows:

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Section 10. In all criminal and quasi-criminal cases for violating State statutes or municipal ordinances tried in any court or tribunal of this State wherein a fine, which shall be construed to include costs, is collected, in an amount of $5.00 or more, for the violation of a State statute or a municipal ordinance or wherein a bond is forfeited and the result of the forfeiture is the final disposition of the case, the sum of $2.00 for each case so disposed of shall be paid to the secretary-treasurer on the first day of each month thereafter, or at such time as the board may provide, by the person or authority collecting the same, provided said $2.00 shall be paid to the secretary-treasurer before payment of any costs or claim against said fine or forfeiture. It shall be the duty of the person or authority collecting the said moneys to keep accurate records of the amounts due the board, so that the same may be audited or inspected at any time by a representative of the board upon direction of the board. The sums remitted to the secretary-treasurer under this section shall be used as provided for elsewhere in this Act. Fines. Section 10. Said Act is further amended by striking Section 11 in its entirety, and inserting in lieu thereof a new Section 11, to read as follows: Section 11. Upon proper application being presented by a peace officer, upon a form to be provided by the board, for annuities or benefits, or both, and approval thereof granted by the board, the secretary-treasurer shall thereupon pay to such applicant a monthly sum of one hundred ($100.00) dollars, if such applicant has had twenty (20) years' service as a peace officer in Georgia and is 55 years of age or older. An applicant who has had twenty-five (25) years' service as a peace officer in Georgia and is 60 years of age or older shall be paid the monthly sum of one hundred twenty-five ($125.00) dollars. No person shall be eligible for benefits hereunder until his official duties shall have terminated, unless otherwise provided in this Act, and unless he shall file an application within ninety (90) days or as soon

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thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia, except that any member of the fund who has twenty-five (25) years of creditable service may cease payment of dues and may cease employment as a peace officer, warden or guard, and shall be entitled to receive a monthly sum of one hundred ($100.00) dollars upon reaching the age of fifty-five (55), or if he chooses to wait until he has reached the age of sixty (60), he shall be entitled to receive a monthly sum of one hundred twenty-five ($125.00) dollars. Any peace officer becoming a member of the fund on or after April 1, 1953, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Act. Provided, however, that nothing contained in this section shall be construed to in any manner alter the requirements of Section 8 of this Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such service. Benefits. Section 11. 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. Any peace officer who is a member of the fund, upon becoming totally and permanently injured in line of duty, and being unable to perform his duties thereafter, and after having served the number of years as provided hereinafter, and after having paid into the fund the amount required for such service, shall be entitled to payments as provided hereinafter, upon proper application being made therefor to the board. The years of service and the payments therefor shall be as follows: For service of less than 1 year, $10.00 per month.

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For service of at least 1 year and less than 2 years, $20.00 per month. For service of at least 2 years and less than 3 years, $40.00 per month. For service of at least 3 years and less than 4 years, $60.00 per month. For service of at least 4 years and less than 5 years, $80.00 per month. For services of at least 5 years, $100.00 per month. Section 12. 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: Section 13. A peace officer, upon becoming a member of the fund, and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay a sum of money to such beneficiary upon the death of such peace officer. Such sum shall be based upon the years of service of such peace officer, if such peace officer has paid into the fund the amount required for such service. The service and the payments therefor shall be as follows: Beneficiaries. For service of less than 2 years, the sum of $200.00. For service of at least 2 years and less than 3 years, the sum of $400.00. For service of at least 3 years and less than 4 years, the sum of $600.00. For service of at least 4 years and less than 5 years, the sum of $800.00. For service of at least 5 years, the sum of $1,000.00. Provided, that if any peace officer who is a member

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of the fund is injured while discharging the duties of his office and his death occurs within one year from the date of and as a result of said injury, his designated beneficiary shall be paid the sum of $4,000.00, regardless of the length of service of such peace officer, $2,000.00 of which shall be paid instanter and the balance at the rate of $100.00 per month for a period of 20 months immediately subsequent to the date of said death. Section 13. Said Act is further amended by striking Section 23 in its entirety, and inserting in lieu thereof a new Section 23, to read as follows: Section 23. Any peace officer, who in the determination of the board is a member in good standing of the fund, and who enlists in or is drafted into any branch of the armed forces of the United States shall not be required to remit any funds to the board during his period of service in the armed forces, and shall receive credit for such service in the armed forces, not to exceed five (5) years. Any peace officer who becomes a member of the fund shall receive one year creditable service for each year of service in the armed forces of the United States, up to a total of five (5) years, regardless of when such service in the armed forces of the United States was performed, if such member left his work as a peace officer to go into the armed forces and returned to work as a peace officer within six (6) months after he ceased to serve in the armed forces, and engaged in no other type work within such six (6) month period. Service in armed forces. The board, upon application of any person who is or has been a legally qualified member of the fund, which application must be submitted not later than thirty (30) days after such person shall cease to be employed as a peace officer, may provide by rule and regulation for retaining such person as a member of the fund and for crediting said person for a period of time not to exceed twelve (12) months, providing such person shall pay into the fund the amount required for said period. Section 14. Said Act is further amended by adding a

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new section thereto, to be numbered Section 24, to read as follows: Section 24. Nothing contained in this Act shall be construed so as to prevent any peace officer who is a member of the fund provided herein from belonging to any retirement or annuity or benefit system other than the one provided for in this Act, if such peace officer is eligible to belong to such other system. Participation in other systems. Section 15. Said Act is further amended by adding a new section thereto, to be numbered Section 25, to read as follows: Section 25. Any person who knowingly furnishes false information for the purpose of becoming a member of the fund, or for receiving credit for service to which he is not entitled, or for receiving benefits hereunder, or any person who knowingly assists in doing any of the foregoing things, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Any person whose duty it is to remit the sum provided for in Section 10 of this Act, and who fails or refuses to so remit, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. False information, etc. Section 16. The provisions of this Act shall become effective at 12:01 o'clock A.M., April 1, 1956. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956.

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CONCENTRATED COMMERCIAL FEEDING STUFFS. Code Ch. 42-2 Amended. No. 183 (House Bill No. 103). An Act to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, as amended, so as to redefine concentrated commercial feeding stuffs; to extend the provisions of this Code chapter to feeds supplied on a contract basis; to prohibit the use of peanut shells in mixed feeds; to provide that the Commissioner of Agriculture shall have the authority to refuse to register any feeding stuff under certain provisions; to provide that the Commissioner of Agriculture shall determine the denomination of the tax stamps; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 42-2, relating to concentrated commercial feeding stuffs, as amended, is hereby amended by striking Code Section 42-201, defining concentrated feeding stuff, in its entirety, and in lieu thereof inserting the following: Code 42-201 amended. 42-201. The term `concentrated commercial feeding stuff' shall be held to include the so-called mineral feeds, medicated feeds, and all feeds, mineralized salt and minerals (except plain salt) used for livestock, domestic animals and poultry, except cottonseed hulls, whole unground hays, straws and corn stover, when the same are not mixed with other materials, nor shall it apply to whole unmixed, unground and uncrushed grains or seeds when not mixed with other materials. Concentrated commercial feeding stuff. Section 2. Said Code chapter, as amended, is further amended by adding at the end of Code Section 42-205, relating to inspection fees, the following: Provided further,

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that the provisions of this Chapter shall apply to all commercial feeding stuffs furnished, supplied or used for the growing or feeding under contract or agreement of livestock, domestic animals and poultry, and shall also apply to any feeding stuffs which are produced by the purchase of grain or other materials and the mixing of same with a concentrated commercial feeding stuff used as a base. If the concentrated commercial feeding stuff used as a supplement or base has already been taxed under this Act and the inspection tax paid, then the amount paid shall be deducted from the gross amount of the tax due on the total feeding stuff produced; and provided further, that any person, firm or corporation producing or purchasing his or its own grain or other material and grinding or mixing same with a concentrated commercial feeding stuff as a supplement or base for the purpose of feeding his or its own livestock, domestic animals or poultry, shall not be subject to the inspection tax provided herein for mixtures of feeding stuff. Provided, that such exemption shall not be applicable to feed furnished, supplied or used for the growing or feeding of livestock, domestic animals or poultry under contract, lease or agreement. so that Code Section 42-205, as so amended, shall read: Code 42-205 amended. 42-205. Each manufacturer, manipulator, importer, jobber, agent, or seller of any concentrated commercial feeding stuffs, shall pay to the Commissioner of Agriculture an inspection tax of 20 cents per ton for each ton of such concentrated feeding stuffs sold or offered or exposed for sale, and unless using the reporting system, shall affix to each car shipped in bulk, and to each bag, barrel, or other package of such concentrated feeding stuff, a stamp to be furnished by the Commissioner of Agriculture indicating that all charges specified in this section have been paid. The inspection tax on cottonseed meal shall be 10 cents per ton. The inspection tax shall not apply to cottonseed hulls, hays and straws, whole seeds and grains and seeds not mixed with other substances, but sold separately as distinct articles of commerce. Should any such material otherwise exempt be

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mixed or adulterated with any substance for the purpose of sale, the package in which it is contained, or in which it is offered for sale, shall have plainly marked or indicated thereon the true composition of the mixture or the character of the adulteration. The Commissioner of Agriculture shall prescribe the form and denomination of such tax stamps. Whenever a manufacturer, importer, or jobber of a concentrated feeding stuff shall have filed the statement named in Section 42-202, and paid the inspection tax, no agent or seller for said manufacturer, importer, or jobber shall be required to file such statement or pay such tax. Provided, further, that the provisions of this Chapter shall apply to all commercial feeding stuffs furnished, supplied or used for the growing or feeding under contract or agreement of livestock, domestic animals or poultry, and shall also apply to any feeding stuffs which are produced by the purchase of grain or other materials and the mixing of same with a concentrated commercial feeding stuff used as a base. If the concentrated commercial feeding stuff used as a supplement or base has already been taxed under this Act and the inspection tax paid, then the amount paid shall be deducted from the gross amount of the tax due on the total feeding stuff produced; and provided further, that any person, firm or corporation producing or purchasing his or its own grain or other material and grinding or mixing same with a concentrated commercial feeding stuff as a supplement or base for the purpose of feeding his or its own livestock, domestic animals or poultry, shall not be subject to the inspection tax provided herein for mixtures of feeding stuff. Provided, that such exemption shall not be applicable to feed furnished, supplied or used for the growing or feeding of livestock, domestic animals or poultry under contract, lease or agreement. Inspection fees. Section 3. Said Code Chapter, as amended, is further amended by striking Code Section 42-206, relating to the authority of the Commissioner to register certain feeding stuffs, in its entirety, and in lieu thereof inserting the following: Code 42-206 amended. 42-206. The Commissioner shall have the authority

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to refuse the registration of any feeding stuff under a name which would be misleading as to the materials of which it is made, or where the analysis is below the standards provided by law. Should such materials be registered and it should afterwards be discovered that they are in violation of the standards provided by law, the Commissioner shall have the authority to cancel the registration. The Commissioner of Agriculture may utilize any employee of the Department of Agriculture in enforcing this law. Registration. Section 4. Said Code chapter, as amended, is further amended by striking Code Section 42-207, relating to the penalties for selling mouldy or damaged feeding stuff, in its entirety, and in lieu thereof inserting the following: Code 42-207 amended. 42-207. Concentrated commercial feeding stuff may contain as ingredients peanut meal feeds, peanut-vine hay, peanut-stem meal or peanut skins when the name of every such ingredient shall be clearly and correctly printed on the bag or other container of such concentrated commercial feeding stuff, or on the tag or label attached to said bag or container. If it appears from any examination of analysis of an official sample of any commercial feeding stuff that any of the provisions of this Chapter have been violated, the Commissioner of Agriculture or his deputy or agents shall have the power to seize such feeding stuffs, but immediate written notice of such seizure must be given the party in whose possession the feed is found. Any party so notified shall be given an opportunity to be heard in his defense under such rules and regulations as may be prescribed by the Commissioner of Agriculture, before action in the courts may be instituted. Sale of mouldy or damaged feed stuff. The Commissioner of Agriculture or deputies or agents may in their discretion release feeding stuffs so seized when all requirements of this Chapter have been complied with, and upon payment of all costs and expenses incurred in connection with the proceedings.

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The Commissioner of Agriculture, and the State Chemist shall have the power to assess and collect refunds to cover dificiencies in grade on any feeding stuff, as determined by an official analysis, and refunds so collected shall be distributed pro rata among actual consumers of such feed. In case such consumers cannot be located, such moneys or parts thereof as remain undistributed shall be deposited in the State treasury to the credit of the Department of Agriculture, and may be used only for the expenses incurred in the enforcement of this Chapter. In any controversy or prosecution arising under the provisions of this Chapter, the certificate of the State Chemist or other State officer making the analysis or inspection, when duly sworn to by such officer, shall be prima facie evidence of the facts therein certified. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. CONTRACTS TO FURNISH AMBULANCE SERVICE IN THE FUTURE No. 184 (Senate Bill No. 119). An Act providing that all contracts agreeing for a consideration to furnish ambulance service in the future to any person or class of persons in this State, shall be construed as health and accident insurance contracts, and be governed by the laws regulating health and accident insurance; to provide that no person, firm, or corporation shall issue such contracts without first complying with the laws regulating health or accident insurance in this State; to provide that the violation of the provisions of this Act shall be a misdemeanor; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after the passage of this Act all contracts issued for a consideration by any person, firm, or corporation agreeing to furnish ambulance service in the future to any persons, or group or class of persons shall be construed as health or accident insurance contracts and all such contracts shall be governed by the laws of this State regulating health or accident insurance; and no person, firm or corporation shall issue such contracts to any person in this State without first complying with the laws regulating health and accident life insurance companies. Construction as health or accident insurance. Section 2. Any person, firm or corporation violating this Act, upon conviction, shall be punished as for a misdemeanor. Violations of Act. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective upon its approval. Approved February 27, 1956. WARM AIR HEATING EQUIPMENT ACT AMENDED. No. 186 (Senate Bill No. 77). An Act to amend an Act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, so as to provide that counties

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having a population of not less than 40,113 and not more than 43,000 inhabitants according to the United States census of 1950 or any other future United States census shall come within the terms and provisions of said Act; 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 installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, is hereby amended by adding a new section to said section to be known as Section 1A to read as follows: Section 1A. All counties in the State of Georgia having a population of not less than 40,113 and not more than 43,000 inhabitants according to the United States census of 1950 or any future United States census shall come within the terms and provisions of this Act and shall be subject to regulation by the board herein provided for to the same extent and for the same purposes as those counties originally included. Counties included. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. CHATTAHOOCHEE JUDICIAL CIRCUIT ADDITIONAL JUDGE. No. 188 (Senate Bill No. 95). An Act to add one additional judge of the Superior Courts of the Chattahoochee Judicial Circuit of Georgia; to provide for the election of said judge and to

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fix the time at which he shall begin his term of office; to prescribe the powers of said judge; to prescribe the compensation or salary of said judge; to authorize the judges of said courts to formulate, promulgate, amend and enforce rules of procedure in said courts; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for a presiding judge of said circuit; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, one additional judge of the Superior Courts for the Chattahoochee Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the judges of the superior courts for said circuit, effective January 1, 1957. Additional Judge. Section 2. Be it further enacted by the authority aforesaid that said additional judge of the Superior Courts for the Chattahoochee Judicial Circuit of Georgia shall be elected in the manner now provided by law for the election of judges of the superior courts of this State at the general election for members of the General Assembly to be held in 1956, for a term of four years, beginning on the first day of January, 1957, and ending on the last day of December, 1960, and when his successor shall have been elected and qualified. All subsequent elections for such judge shall be for a term of four years and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Election. Term. Section 3. Be it further enacted by the authority aforesaid that every person who offers for nomination and election as one of the judges of said Superior Courts for the Chattahoochee Judicial Circuit of Georgia shall designate with the local party authority in all primaries

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and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Candidacy. Section 4. Be it further enacted by the authority aforesaid that said additional judge of the Superior Courts for the Chattahoochee Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges and immunities of a judge of said courts. Either of the two judges of said courts may preside over any cause therein and perform any official act as judge thereof. Powers. Section 5. Be it further enacted by the authority aforesaid that the compensation, salary and contingent expense allowance of said additional judge of the Superior Courts for the Chattahoochee Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. Also he shall receive such additional compensation as may be paid by any county in said circuit to the present judge of the superior court for said circuit. Compensation. Section 6. Be it further enacted, by the authority aforesaid, that upon and after qualification of the additional judge of the Superior Courts for the Chattahoochee Judicial Circuit of Georgia, the two judges of said courts shall be and are authorized to adopt, promulgate, amend and enforce such rules of practice and procedure consistent with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of said courts. Practice and procedure. Section 7. Be it further enacted, by the authority aforesaid, that said two judges of the Superior Courts

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for the Chattahoochee Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of disagreement between said judges in respect hereof, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that neither of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the bar of Georgia shall be senior judge. Senior judge. Section 8. Be it further enacted by the authority aforesaid, that the judge of said court, senior in term of continuous service, as a superior court judge, shall be the presiding judge of said circuit. In the event that neither of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the bar of Georgia shall be presiding judge. Presiding judge. Section 9. Be it further enacted by the authority aforesaid that the sections of this Act are separately enacted and it is the intention of the General Assembly that if any one or more sections of this Act should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining sections of this Act. Section 10. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Affidavit Georgia, Fulton County. Personally before me appeared Howell Hollis, Senator from the 24th District of Georgia, and William Burton Steis, Senator from the 25th District of Georgia, who,

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after being duly sworn, say that they are the authors of the attached bill, that the notice attached hereto has been published in the newspapers in which sheriffs' advertisements are published in each of the counties comprising the Chattahoochee Judicial Circuit once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly of Georgia as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, to wit, on January 12th, 19th and 26th, 1956. Howell Hillis William Burton Steis Sworn to and subscribed before me this 27th day of Jan., 1956. Eric Holmes, Jr., Notary Public, Fulton County, Georgia. Approved February 27, 1956. VITAL STATISTICS LAW AMENDED. No. 189 (Senate Bill No. 150). An Act to amend an Act entitled An Act to provide a complete and comprehensive vital statistics law for Georgia...and for other purposes, approved March 8, 1945, (Ga. L. 1945, pp. 236-248) so as to provide that in all counties of the State having a population of 300,000 or more by the last United States census or any succeeding United States census, in which there is a county health department, the Director of the Department of Public Health shall appoint one of the salaried employees of such department as local registrar, and if deemed necessary, may appoint one or more salaried employees as deputy local registrars; to provide that in such cases all fees accruing to the local registrar shall be paid into the county treasury and the salaries of the employees so named as local

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registrar or deputies shall be paid out of the county treasury; 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 a complete and comprehensive vital statistics law for Georgia... and for other purposes, approved March 8, 1945 (Ga. L. 1945, pp. 236-248), as heretofore amended, be amended as follows: Section 1. There shall be added a new section to be known as Section 6 (a) as follows: Section 6 (a). In all counties of the State having a population of 300,000 or more by the last United States census or any future United States census, which have a county health department, the Director of the Department of Public Health of the State of Georgia shall appoint some salaried employee of the county health department as local registrar and may, if deemed necessary, appoint one or more salaried employees as deputy registrars. Local registrar in certain counties. Section 2. There shall be added a new section to be known as Section 21 (a), as follows: Section 21 (a). In all counties of the State having a population of 300,000 or more by the last United States census or any future United States census, which have a county health department and in which a salaried employee of the health department serves as local registrar or as deputy registrar, all fees accruing to the local registrar under the provisions of this Act or any amendment thereto, shall be paid into the treasury of such county and the registrar and deputy registrar shall be paid out of the county treasury, such salary as may be fixed by the county authorities in charge. Compensation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 27, 1956.

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PIEDMONT JUDICIAL CIRCUITREPORTER'S SALARY. No. 191 (Senate Bill No. 129) An Act to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; to provide how such compensation shall be paid by the counties comprising the Piedmont Judicial Circuit; to provide for the disposition of fees; to repeal an Act providing for additional compensation for the court reporter of the Piedmont Judicial Circuit (Ga. L. 1943, p. 278) (Act #172); 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 official court reporter of the Piedmont Judicial Circuit shall be compensated in the amount of $325.20 per month, and such compensation shall be in lieu of all fees and compensation for all services in criminal and civil cases. Compensation. Section 2. The compensation herein provided shall be paid monthly by the counties comprising the Piedmont Judicial Circuit in the following amounts, to wit: Banks County$27.10; Barrow County$81.30; Gwinnett County$135.50; Jackson County$81.30. Payment by counties. Section 3. The official court reporter of the Piedmont Judicial Circuit shall collect all fees fixed by law arising from the reporting of cases in said circuit and shall pay the same to the treasury of the county wherein the court trying the case is located. Fees. Section 4. An Act entitled An Act to amend Sections 24-3101 and 24-3104 of the Code of Georgia of 1933, relating to the compensation of court reporters, by providing additional compensation for the court reporter of the Piedmont Judicial Circuit; to repeal conflicting laws;

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and for other purposes, (Ga. L. 1943, p. 278) (Act #172), is hereby repealed in its entirety. Act of 1933 repealed. Section 5. This Act shall become effective on the first day of the month following the month in which this Act shall become law. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. INSURANCE COMPANY INVESTMENTS. No. 193 (Senate Bill No. 56). An Act to amend an Act entitled An Act to authorize every insurance company organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five percent (5%) of its total assets, and to be in addition to any and all other investments authorized by law, to prescribe the terms and conditions of such investments, and for other purposes, approved March 28, 1947 (Ga. L. 1947, p. 1496), so as to change the terms and conditions relative to investments in real estate; 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 authorize every insurance company organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five percent (5%) of its total assets, and to be in addition to any and all other investments authorized by law, to prescribe

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the terms and conditions of such investments, and for other purposes, approved March 28, 1947 (Ga. L. 1947, p. 1496), 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, Act of 1947, amended. Section 1. Every insurance company organized and doing business by virtue of the laws of this State shall have authority, in addition to all other investments authorized by law, to invest assets in real estate acquired for the purpose of leasing the same to any person, firm or corporation, or in real estate already leased to any person, firm or corporation, under the following terms and conditions: (1) that the lessee shall at his own cost erect, or that there has already been erected, thereon free of liens a building or other improvements costing an amount at least equal to the value of the said real estate exclusive of improvements; but if the lease be entered into simultaneously with the purchase of the real estate, the lessor may agree to erect such improvements on such real estate; (2) that the said improvements shall remain on the said property during the period of the lease, with provision when such improvements are put upon the said property at the cost of the lessee that at the termination of the lease the ownership of such improvements free of liens shall vest in the owner of the real estate; (3) that the lessee shall during the terms of the lease, or the unexpired period of the lease if the property be bought subject to the lease, pay to the owner of the real estate rent in such amount as will enable the owner to amortize completely the improvements thereon according to a standard amortization table then in use at or before the end of the normal termination of the lease or at the end of 30 years should the lease, or the unexpired period of the lease, be for a longer period than 30 years; and (4) that during the term of the lease the tenant shall pay all taxes and assessments levied on or against the said real estate, including improvements, shall keep and maintain the said improvements in good repair and shall provide and maintain for the benefit of the lessor fire insurance on such improvements at least

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equal to the insurable value of the improvements, or at least equal to the amount invested by the lessor in such real estate, whichever is less. Real estate acquired pursuant to the provisions of this law shall not be treated as an investment hereunder unless and until the improvements herein required shall have been constructed and the lease agreement entered into in accordance with the terms of this law, but if the lessee be a corporation the bonds, debentures, notes or preferred stock of which are eligible as investments under the law of Georgia, the requirements of this law as to the erection of improvements by the lessee, the cost of such improvements and the vesting of ownership of such improvements in the owner of the real estate shall not be applicable. Investments in real estate. Conditions. 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. Real estate acquired under authority of this law shall not be treated as an admitted asset in an amount in excess of the actual investment reduced each year by decrements out of the income from said property sufficient to write off completely, based on standard amortization tables in general use, the improvements at the normal termination of the lease or at the end of 30 years should the term of the lease, or the unexpired period of the lease, be for a longer period than 30 years. The total investment of any company under this law shall not exceed five per centum of its assets. No investment shall be made by any company pursuant to this law which will cause such company's investment in all real property owned by it to exceed 25 per centum of its assets or when all real property owned by such company equals or exceeds 25 per centum of its assets. Limitation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956.

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VOTING STOCK IN BANKS AND BANK HOLDING COMPANIES. No. 195 (Senate Bill No. 30). An Act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; to define company as included in said prohibition to include any bank, corporation, partnership, joint stock company, business trust, voting trust, association or similarly organized group of persons and the shareholders and those persons who otherwise own the company or are officers thereof; to provide that stock held by the immediate family of a shareholder, owner or officer of a company as defined in the Act shall be construed to be owned, controlled or held by the company; to provide for restrictions of certain foreign companies in voting stock of said banks or holding companies; and to provide for certain exceptions to said prohibitions and restrictions; also in municipalities now having branches of a bank with a holding company relation, such banks may make branches of existing holding company banks; and in the future in cities of over 80,000 population, according to the 1950 or any subsequent census, now having branches of a bank, present branches will have the same privilege of additional branches as permitted to other banks; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The maintenance of competitive services between banks has been found to be the best method of serving the public. There are dangers in the concentration of economic power through centralized control of banks. It is, therefore, held to be in the public interest to curtail such concentration of economic power by preventing the expansion of bank holding companies and similar organizations. Declaration of policy.

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Section 2. Unless the context requires otherwise: (a) Bank means any national bank or state bank, banking association, savings bank or trust company, whether organized under the laws of Georgia, the laws of another State or the laws of the United States, doing business in the State of Georgia. Definitions. (b) Company means any bank, corporation, partnership, joint stock company, business trust, voting trust, association or similarly organized group of persons, whether incorporated or not, and includes the shareholders and those persons who otherwise own the company and including any foreign corporation or other organization or association doing business in Georgia, but shall not include any corporation or community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, literary or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation. (c) Bank holding company means any company incorporated or organized under the laws of the State of Georgia, or doing business in Georgia, which directly or indirectly owns, controls or holds, with power to vote, 15% or more of the voting stock of each of two or more banks. (d) A company will be construed to own, control or hold, with power to vote, stock indirectly whenever any officer or shareholder of such company or any natural person included within the definition of company in Section 2(b) of this Act or any member of the immediate family of such officer or shareholder or of such natural person, shall own, control or hold, with power to vote, such stock. Immediate family includes a spouse, children, mother, father, brother and sister. Section 3. It shall be unlawful for any company directly

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or indirectly to own, control, vote or hold, with power to vote the same, 15% or more of the voting stock of each of two or more banks, except that it shall not be unlawful for a company to continue to own, control, vote or hold, with power to vote, such voting stock as it owns, controls or holds on the effective date of this Act. Also in municipalities now having branches of a bank with a holding company relation, such banks may make branches of existing holding company banks; and in the future in cities of over 80,000 population, according to the 1950 or any subsequent census, now having branches of a bank, present branches will have the same privilege of additional branches as permitted to other banks. Limitation of stock holdings in banks. Section 4. It shall be unlawful for any company directly or indirectly to own, control, vote or hold, with power to vote the same, 15% or more of the voting stock of a bank holding company, except that it shall not be unlawful for a company to continue to own, control, vote or hold, with power to vote, that stock of a bank holding company which it owns, controls or holds on the effective date of this Act. In bank holding companies. Section 5. It shall be unlawful for any company hereafter to acquire, with power to vote the same, 15% or more of the voting stock of each of two or more banks, except that it shall not be unlawful for any company to acquire, with power to vote the same, any stock in banks, a majority of whose voting stock such company owns, holds or controls on the effective date of this Act. Section 6. It shall be unlawful for any company to acquire, with power to vote the same, 15% or more of the voting stock of a bank holding company. Section 7. It shall be unlawful for any foreign company owning, controlling or holding, with the power to vote the same, 15% or more of the voting stock of each of two or more banks, to vote more than 15% of the stock of more than one such bank in any one year, except

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that it shall not be unlawful for a company to vote that voting stock which it owns, controls or holds on the effective date of this Act. Foreign companies. Section 8. This Act shall not apply to the holding company in respect of its owning, controlling or holding, with power to vote, stock in a bank or banks or bank holding company or companies in a fiduciary capacity, unless such stock is held for the benefit of another company or for the benefit of a majority of the stockholders of such bank. Fiduciaries. Section 9. Any company which violates any provision of this Act shall, upon conviction, be fined not less than $500 nor more than $5,000. Each day on which such violation occurs shall constitute a separate offense. Violations. Section 10. If any provision of this Act, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of the Act, and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. Section 11. All laws and parts of law in conflict with this Act hereby are repealed. Approved February 27, 1956. MINIMUM FOUNDATION PROGRAM AMENDED. No. 196 (House Bill No. 473). An Act to amend an Act creating the Minimum Foundation Program of Education in Georgia, approved February 25, 1949 (Ga. L. 1949, pp. 1406, et seq.), as amended, by amending Section 4 of said Act, as relating to contracts of professional personnel, so as to provide for an election of teachers, principals and other

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school employees upon the vote of three-fourths of the entire membership of the board of education without the recommendation of the county superintendent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 4 of the Minimum Foundation Program of Education in Georgia Act, approved February 25, 1949 (Ga. L. 1949, pp. 1406, et seq.), as amended, be and the same is hereby amended by adding between the words superintendents and Contracts found in the tenth line, the sentence which reads: Provided however the boards, by the vote of three-fourths of the entire membership of the board, may employ teachers, principals and other school employees without the recommendation of the respective superintendents, so that said Section 4 of said Act when amended shall read as follows: Section 4. For the purposes of this Act, the several counties of this State and the various independent school systems established by law shall be the local units of administration. The superintendents and the boards of education of these respective local units shall execute the provisions of this Act under such rules and regulations as may be adopted by the State Board of Education. In the local units of administration, the several teachers, principals and other school employees shall be elected by the boards of education on the recommendation of the respective superintendents. Provided however the boards, by the vote of three-fourths of the entire membership of the board, may employ teachers, principals and other school employees without the recommendation of the respective superintendents. Contracts for teachers, principals and other professional personnel shall be in writing, signed in duplicate by the teacher in his own behalf, and by the superintendent of schools on behalf of the board. Election of teachers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956.

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PEACE OFFICERS' RETIREMENT SYSTEM AMENDED. No. 197 (Senate Bill No. 153). An Act to amend 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. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. session, p. 574), and an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), and an Act approved March 3, 1955, (Ga. L. 1955, p. 387), by providing that any peace officer, as therein defined, except wardens or prison guards of any state, county or city public works camp or prison, who fails or refuses to enforce any law of this State requiring segregation of the white and colored races in any manner or activity, shall forfeit all retirement benefits, all disability payments, and all death benefits, to which such peace officer or his beneficiaries would otherwise be entitled; to provide for refunds of funds actually paid into the fund by such peace officer; to provide for notice and hearing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472),

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an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), and an Act approved March 3, 1955 (Ga. L. 1955, p. 387), is hereby amended by adding thereto, as amended, a new section to be known as Section 26 and to read as follows: (a) Any peace officer, as herein defined, except wardens or prison guards of any State, county or city public works camp or prison, who knowingly refuses or fails to attempt to enforce any law of this State requiring segregation or separation of the white and colored races in any manner or activity, or any such peace officer who knowingly fails to take any necessary or appropriate action for such enforcement thereof shall forfeit all retirement benefits, all disability payments, and all death benefits, to which such peace officer or his beneficiaries would have been otherwise entitled to under the provisions of this Act or any amendments hereafter made; Provided, however, such peace officer or his beneficiaries shall be entitled to receive an amount equal to the contributions actually paid into such fund by such peace officer, under Section 9 of this Act, as amended, including 3% interest thereon. Forfeiture of benefits. (b) Any member or official of the Peace Officers Annuity and Benefit Fund or any other aggrieved person who may desire to institute charges against any member of the said fund under this section shall do so by filing written charges with the board, which charges must be filed within six months from the date of the alleged dereliction; thereupon the board shall serve upon such member a statement of the charges against him and notice of a hearing thereon to be heard at a time and place fixed in said notice, which shall be not less than ten (10) days after the date of service thereof. Such member shall have an opportunity to appear, be heard, and present his defense. The board upon such hearing may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence and shall

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have the power to subpoena witnesses, compel their attendance and require the production of any and all papers, records, correspondence or other documents which may be relevant to the issue. If after such hearing the board shall determine that such member has knowingly failed or refused to attempt to enforce any law of this State requiring segregation or separation of the white and colored races in any manner or activity, the board shall order all retirement benefits, all disability payments, all death benefits and any other benefits to which such member or his beneficiaries may or would have been entitled to under the provisions of this Act or any amendments hereinafter made thereto forfeited. All testimony before the board bearing charges of an alleged violation of this Act shall be under oath and subject to the same rules of evidence as apply in the superior courts of Georgia. From the decision of the board, either party may within thirty (30) days appeal de novo to the superior court in the county where the violation is alleged to have occurred. Hearing. Appeal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. BARBER AND BEAUTICIAN EXAMINERS. Code Ch. 84-4 Amended. No. 200 (House Bill No. 10). An Act to amend Chapter 84-4 of the Code of Georgia of 1933, as amended, which chapter relates to barbers and beauticians, so as to change the compensation of inspectors; to change the compensation of members of the State Board of Barber and Beautician Examiners; to change the examination fees; to change certificate of registration fee; to change practice period

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qualification for persons desiring to operate a barber or beauty school; to change renewal fee for certificate of registration; to provide for health requirements in order to obtain renewal of certificate of registration; to provide for revocation of certificate of registration; to provide for the changing of the name of the State Board of Barber and Hairdresser Examiners to State Board of Barber and Beautician Examiners; to provide that the published rules of the Barber and Beautician Examiners be placed in a conspicuous place in each barber and beautician school or college; to provide for six (6) members of the Barber and Beautician Board of Examiners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 84-403 of the Pocket Edition of the 1933 Annotated Code of Georgia is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Code 84-403 amended. 84-403. State Board of Barber and Beautician Examiners; establishment; qualifications; term of office; vacancies; bond; oath.There shall be established a board to be styled the State Board of Barber and Beautician Examiners, hereinafter referred to as the board, said board shall be composed of six (6) members, three (3) of whom shall be beauticians, which members shall have attained the age of 21 years and shall have had at least five years' experience in the practice of the occupation of a barber or beautician, and shall be appointed by the Governor for a term of three years; provided, however, that the five (5) members of the State Board of Barber and Hairdresser Examiners who are now serving shall serve out their term for which they have been appointed. A sixth member shall be appointed by the Governor, and the sixth member's term shall begin when the appointment is made by the Governor and shall expire on the 1st day of November 1958. All vacancies on said board however caused shall be filled by the Governor for the

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remainder of the unexpired term. Each member of said board shall hold office until his successor is appointed and qualified, and no person shall be qualified to act as a member until he or she shall have given a bond in the sum of $1000.00 with surety to be approved by the Secretary of State conditioned for the faithful and impartial performance of his or her duties. The members of the board shall be considered as public officers and shall take the oath required of such officers. Board. Section 2. Chapter 84-4 of the Code of Georgia of 1933, as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 564), which chapter relates to barbers and hairdressers, is hereby amended by striking the provisions of Section 84-404 and inserting in lieu thereof the following: Code 84-404 amended. Such board shall have power to adopt reasonable rules and regulations prescribing the sanitary requirements of a barber or beauty shop subject to the approval of the State Board of Health, and to cause the rules and regulations to be printed in a suitable form, and to transmit a copy thereof to the proprietor of each barber and beauty shop. It shall be the duty of every proprietor or person operating a barber or beauty shop in any city or town or outside of the towns and cities, to keep a copy of such rules and regulations posted in a conspicuous place in his shop so as to be easily read by his customers. A failure of any such proprietor to keep such rules so posted, or to observe the requirements thereof, shall be sufficient ground for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his defense. Any member of said board shall have power to enter and make reasonable examination of any barber or beauty shop in any city or town, or in the country outside of the cities and towns, during business hours for the purpose of ascertaining the sanitary conditions thereof. Any barber or beauty shop in which tools, appliances, and furnishings in use therein are kept in an unclean and unsanitary condition, so as to endanger health, is hereby

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declared to be a public nuisance and the proprietor thereof shall be subject to prosecution and punishment therefor. Said board shall have authority to require employees in such shops to annually stand a physical examination. The board may appoint not more than five inspectors for such period of time as necessary to adequately enforce the provisions of this Chapter. Such inspectors shall be experienced barbers and/or beauticians and hairdressers and they shall receive ten dollars a day for their services and actual traveling expenses. Rules and regulations. Inspectors. Section 3. Said chapter is further amended by striking the provisions of Section 84-405 and inserting in lieu thereof the following: Code 84-405 amended. Each member of said board shall receive a compensation of fifteen dollars per day, for actual services, and in addition thereto, actual expenses while in attendance upon meetings of the board and actual traveling expenses, after an allowance thereof by the board upon an itemized and verified claim therefor, approved by the chairman of the board, being filed with the Joint-Secretary, State Examining Boards, by the member claiming the same. Compensation of board members. Section 4. Said chapter is further amended by striking the provisions of Section 84-409 and inserting in lieu thereof the following: Code 84-409 amended. Any person desiring to obtain a certificate of registration under the terms of this Chapter, shall make application through the Joint-Secretary, State Examining Boards, to the State Board of Barber and Beautician Examiners therefor, shall satisfy said board that he is free from infectious and contagious diseases, and shall pay to said secretary an examination fee of twenty dollars, and shall present himself at the next meeting of said board held for examination of applicants; and if upon such examination it shall be made to appear that said applicant is above eighteen years of age, of good moral character, is free from contagious and infectious

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diseases, and has practiced or studied the occupation of a barber or beautician and is possessed of the requisite skill in said occupation to properly perform all the duties of the occupation, including his ability in the preparation of tools, in performing the services mentioned in Section 84-401, and in all the duties and services incident thereto, a certificate of registration shall be issued to him entitling him to practice the occupation of a barber or beautician as the case may be. Should an applicant under this section fail to pass such an examination, the said board shall furnish him a statement in writing, stating wherein said applicant was deficient. Nothing in this Chapter shall be construed to debar applicants from making subsequent applications to qualify under this section, provided they shall again pay the required examination fee of twenty dollars. All persons making application for examination under this Chapter shall, if free from infectious and contagious diseases, be allowed to practice the occupation of barbering or beautician or beauty culture until the next meeting of the board held for the examination of applicants and the board shall issue a permit authorizing them to so practice said occupation until the said meeting. Should an applicant have a license or certificate of registration in force as a practicing barber, hairdresser or beautician from another State which has substantially the same requirements for licensing and registering barbers and/or hairdressers, as required by this Chapter, and shall furnish satisfactory proof that he is free from infectious and contagious diseases, and shall pay to the Joint-Secretary, State Examining Boards, a fee of seven dollars, a certificate of registration shall be issued to him, entitling him to practice the occupation of a barber or beautician, subject to the terms and provisions of this Chapter, upon paying the registration fee of five dollars, and if so required by the board to pay for and stand the examination provided for in this section. Certificate of registration. Section 5. Said Chapter is further amended by striking the provisions of Section 84-410 and inserting in lieu thereof the following: Code 84-410 amended.

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Nothing in this Chapter shall prohibit any person not under the age of sixteen years from learning said occupation under a barber or beautician authorized to practice under this Chapter who is pursuing his vocation in a barber or beauty shop, or under an instructor in a barber or beauty school or college who himself has been a journeyman barber or hairdresser for a period of at least three years and has registered under this Chapter. Beauticians may learn their profession in a beauty school or college, or under a master licensed beautician, and barbers may learn their profession in a barber school or college, or under a master licensed barber, as provided in this Chapter. Every such person desiring to so learn said occupation shall file with the Joint-Secretary, State Examining Boards, a statement in writing showing his name, the place of his employer or instructor, and shall pay to said secretary a fee of four dollars, and said applicant shall receive a certificate of registration showing the capacity in which he is permitted to practice said occupation. Student practitioners. Section 6. Said Chapter is further amended by striking the provisions of Section 84-411 and inserting in lieu thereof the following: Code 84-411 amended. All barber or beauty schools or colleges shall have not less than one instructor for every twenty students or a fraction thereof, and all barber or beauty schools shall keep permanently displayed a sign `Barber School' or `Barber College' or `Beauty School' or `Beauty College' as the case may be: Provided, that all barbers, beauticians, barber or beauty schools or colleges, who shall take an apprentice or student, shall file immediately with the State Board of Barber and Beautician Examiners through the Joint-Secretary, State Examining Boards, the name and age of such apprentice or student, and the said board shall cause the same to be entered on a register kept by such secretary for that purpose: Provided, that any person having practiced the occupation of a barber or beautician continuously for a period of not less than three years, desiring to operate or conduct a barber

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or beauty school or college, shall first secure from said board a permit to do so, and shall keep the same prominently displayed in such school or college, and said board shall have the right to pass upon the qualifications, appointments, course of study, and hours of study in said barber or beauty school or college; and the said board shall have the right to revoke the certificate, permit, or license of any such barber or beauty school or college, instructor, or teacher therein for the violation of any of the provisions of this Chapter. The board shall have the same power and authority as to rules, regulations and inspection as to sanitary conditions over barber schools, barber colleges, beauty schools and beauty colleges as it has over barber and beauty shops. All such signs above referred to shall also display the words `Service by Students Only.' Where service is rendered by students, no commissions or premiums shall be paid to such students for work done in said schools or colleges, nor shall any person be employed by such colleges or schools to render professional service to the public, and all teachers or instructors shall devote their entire time to instruction of students. Provided, further, that any person desiring to teach or instruct in any barber school or barber college, or any beauty school or beauty college, shall first file his or her application with the Joint-Secretary, State Examining Boards, to the State Board of Barber and Beautician Examiners, for examination and shall pay to the Joint-Secretary of the Examining Boards, together with his or her application, the sum of twentyfive dollars as examination fee, and, upon said examination, shall satisfy the board that he or she holds a current master's license and also holds a diploma or certificate of 1200 hours from a recognized school, and pass an examination satisfactory to said broad; provided further, that any teacher or instructor who fails to renew his or her master's license as a barber or beautician on or before the thirty-first day of December of each year, his or her license to teach or instruct shall be automatically revoked; and all barber schools and colleges are required to keep posted at a conspicuous place in such schools or colleges a copy of the rules and regulations adopted by the State Board of Barber and Beautician Examiners. Schools. Instructor's license.

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Section 7. Said Chapter is further amended by striking the provisions of Section 84-412 and inserting in lieu thereof the following: The holder of any certificate of registration issued under this Chapter shall display same in a conspicuous place in front of his working chair in his shop or place of business, and upon his failure or refusal to do so, his certificate of registration shall be revoked by said board. If the holder of any certificate of registration issued under this Chapter shall attempt to follow the occupation of a barber or beautician while suffering with any infectious or contagious disease, said certificate of registration shall be revoked by the board. Certificates of registration issued under the provisions of this Chapter shall be renewed on or before the thirty-first day of December of each year by the holder of same, paying to the Joint-Secretary, State Examining Boards, a renewal fee of three dollars. The holder must also satisfy the board that he is free from infectious or contagious disease. Upon failure to renew such certificate of registration, it shall stand automatically revoked and the holder shall be disqualified until all fees to date of application for reinstatement shall be paid. Revocation and renewal of certificates. Section 8. All members of the present Board of Barber and Hairdresser Examiners shall remain in office as members of the Barber and Beautician Examiners until their term of office has expired. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956.

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COMPENSATION OF STATE OFFICIALS. No. 202 (House Bill No. 192). An Act to amend an Act providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended by an Act approved February 9, 1955 (Ga. L. 1955, p. 167), and an Act approved February 28, 1955 (Ga. L. 1955, p. 267), so as to change the provisions as to compensations; to specify certain ex officio offices for which compensation under the provisions of this Act shall not be paid; 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 providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Session., p. 613), as amended by an Act approved February 9, 1955 (Ga. L. 1955, p. 167), and an Act approved February 28, 1955 (Ga. L. 1955, p. 267), is hereby amended by striking Paragraph (c) of Section 1 in its entirety and in lieu thereof inserting the following: (c) In addition to the foregoing, each of the above named officials shall be paid $240.00 annual compensation, payable in semi-monthly installments, for each ex officio office created by law and held by each such officer, provided the Attorney General of Georgia certifies to the State Auditor the legal citation for each ex officio office. Any such ex officio office created by law subsequent to July 1, 1956 must specifically provide for compensation in order for such payment to be made therefor. The State Auditor is hereby directed to make a detailed statement of these items in each annual audit of each of the respective State agencies. Provided, however, that if

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any such official is performing duties designated under any other title under a statute wherein a specific amount of compensation or allowance is provided therefor, such official shall receive, as an allowance, such amount in addition to that authorized by this Act, but shall not receive credit therefor under this paragraph. Provided further, however, that membership on the following shall not entitle any such official to receive the $240.00 annual compensation: (1) Board of Election Commissioners to Canvass Votes in United States Senatorial Elections; (2) Council to Investigate Incompetency of Comptroller General or State Treasurer; (3) State Forest Fire Emergency Commission; (4) State War Ballot Commission; (5) State Art Commission; (6) Council to Investigate Suspension of State Revenue Commissioner; (7) State Programs Study Committee; and (8) Vocational Trade School Building Authority. Ex officio officials. Section 2. This Act shall become effective July 1, 1956. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. WARM AIR HEATING EQUIPMENT ACT AMENDED. No. 203 (Senate Bill No. 105). An Act to amend an Act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949, (Ga. L. 1949, p. 1622), as amended, so as to provide that counties having a population of not less than 30289 and not more than 30975 inhabitants according to the United States

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census of 1950 or any other future United States census shall come within the terms and provisions of said Act; 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 installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, is hereby amended by adding a new section to said section to be known as Section 1A to read as follows: Section 1A. All counties in the State of Georgia having a population of not less than 30289 and not more than 30975 inhabitants according to the United States census of 1950 or any future United States census shall come within the terms and provisions of this Act and shall be subject to regulation by the board herein provided for to the same extent and for the same purposes as those counties originally included. Counties included. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. LAND PROCESSIONERS. Code 85-1604 Amended. No. 204 (Senate Bill No. 89). An Act to amend Code Section 85-1604 of the Code, relating to employment of land processioners, as amended, by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 202), so as to provide that

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under certain conditions the ordinary may appoint a processioner from a different militia district than the one in which he is to serve; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 85-1604 of the Code, relating to employment of land processioners, as amended, by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 202), is hereby amended by adding after the first sentence of said section the following: Provided, that in the event the ordinary is unable to find three persons in a militia district to serve as processioners, or in the event a processioner shall disqualify himself or refuse to serve and the ordinary is unable to find a person to serve in his place in such militia district, the ordinary may appoint a processioner or processioners, as the case may be, from a different militia district to serve in such militia district. so that Section 85-1604, when so amended, shall read as follows: 85-1604. The ordinary of each county shall, at the second term of his court in every second year, appoint three suitable persons in every militia district in the county, who shall be processioners of land for that district until their successors are appointed. Provided, that in the event the ordinary is unable to find three persons in a militia district to serve as processioners, or in the event a processioner shall disqualify himself or refuse to serve and the ordinary is unable to find a person to serve in his place in such militia district, the ordinary may appoint a processioner or processioners, as the case may be, from a different militia district to serve in such militia district. Vacancies may be filled in the same manner at any time. If none is appointed, the ordinary shall appoint at any regular term, on the application of any landowner. The ordinary in each county of this State shall make the appointments provided in this section, any provisions of Acts creating boards of county commissioners

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to the contrary notwithstanding, and any such provisions, either express or implied, are hereby specifically repealed, and the power to appoint processioners under this section is hereby expressly removed from the board of county commissioners in each and every county of this State having such a board. Appointment. Section 2. The provisions of this Act shall be applicable to the next appointments for land processioners in each county of this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. WARM AIR HEATING EQUIPMENT ACT AMENDED. No. 205 (House Bill No. 443). An Act to amend an Act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, so as to provide that counties having a population of not less than 27,786 and not more than 29,000 inhabitants according to the United States census of 1950 or any other future United States census shall come within the terms and provisions of said Act; 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 installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties

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for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, is hereby amended by adding a new section to said section to be known as Section 1A to read as follows: Section 1A. All counties in the State of Georgia having a population of not less than 27,786 and not more than 29,000 inhabitants according to the United States census of 1950 or any future United States census shall come within the terms and provisions of this Act and shall be subject to regulation by the board herein provided for to the same extent and for the same purposes as those counties originally included. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. SAVANNAH DISTRICT AUTHORITYAMENDMENTS. No. 209 (Senate Bill No. 144). An Act to implement the provisions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of Georgia, ratified by general election in November, 1952; by amending and revising that certain Act approved February 19, 1951 incorporated in the published Acts of the General Assembly, 1951, on pages 190 to and including page 197, known as the Savannah District Authority Act; confirming the powers heretofore granted said Authority, and granting said Authority additional powers; conferring powers and imposing duties on said Authority; providing for the separate enactment of each provision of this Act; and repealing all laws and parts of laws in conflict with the provisions of this Act and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia and it is hereby enacted by authority of the same that that certain Act of said General Assembly approved and adopted on February 19, 1951 as set forth in Georgia Laws 1951, pages 190-197, and as subseqently amended, be and the same is hereby amended as follows, to wit: Act of 1951 amended. Section 1. By striking the second paragraph of Section 10 of said Act of 1951 known as the Savannah District Authority Act in its entirety and by substituting in lieu thereof the following language, to wit: Sec. 10 amended. Upon the adoption thereof by the governing authority of either the County of Chatham and/or the City of Savannah, said county and/or city is authorized and empowered to delegate, and the Savannah District Authority is authorized and empowered to accept and use delegations of, administrative powers to carry said plan or plans into effect. Section 2. By adding to Subparagraph (b) of Section 4 of said Savannah District Authority Act the following language, to wit: The acquisition and construction of administrative buildings and other administrative facilities for its own use, in whole or in part; and for the purpose of leasing, renting, or selling the same, in whole or in part, to others; as said Authority may find necessary or advisable in connection with any of its projects or in the implementation of any plan for the coordinate and orderly development of traffic and industry within the port district under the jurisdiction of said Authority. The Authority shall have the right to operate its projects and may do so when such operation shall be deemed by it to be necessary or desirable in aid of its public purposes. Sec. 4 amended. Section 3. By adding to said Savannah District Authority Act a section to be known as Section 9-A in the following language, to wit: The Authority shall have the power to lease, rent, or

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sell its completed projects to private persons, to partnerships, or to corporations, public or private, as the case may be, and expressions to any such effect contained in the said Act, as amended, are to be construed as being in illustration of its powers and not in limitation thereof. Disposition of projects. Section 4. Act liberally construed. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 5. Constitutional construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 6. Prior Acts. The said Authority shall have and exercise all powers and authority heretofore delegated to it by the City of Savannah or which may be delegated to it by said city under this Act, and under prior Acts where not inconsistent with the provisions of this Act. Section 7. Alternative method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred upon said Authority by other laws. Section 8. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 9. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation, a copy of which is attached to said affidavit. Approved February 27, 1956.

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VETERINARIAN TO EXAMINE CAUSE OF INFECTIOUS DISEASES. Code 62-1011 Amended. No. 201 (House Bill No. 122). An Act to amend Code Section 62-1011 relating to the employment and compensation of a veterinary surgeon or expert, so as to provide that the Commissioner of Agriculture shall determine the compensation of such veterinary surgeon or expert; to remove the certification requirement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 62-1011 relating to the employment and compensation of a veterinary surgeon or expert is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 62-1011. The Commissioner of Agriculture shall, upon application made to him by the ordinary of any county, or upon the application of the county commissioners of any county, reciting that an infectious or contagious disease has appeared affecting the life of the live stock in said county, and that it is apprehended the disease is likely to spread unless checked, and the disease is unknown or beyond the control of the owners of said stock to treat, and reciting that in the opinion of such ordinary or county commissioners, as the case may be, the conditions call for prompt investigation and treatment by a competent person or persons, said Commissioner of Agriculture shall employ a competent veterinary surgeon or expert to investigate the causes of said disease, to prevent the spread thereof, and to treat the same; and the Commissioner of Agriculture is hereby authorized to fix the compensation of the person so employed. Compensation.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. SOLICITATION OF VOTES NEAR POLLING PLACES. No. 211 (House Bill No. 137). An Act to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified distance of any voting place; 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. In all counties within this State having a population of not less than 27,500 nor more than 29,000, according to the 1950 United States census, or any future United States census, no person shall solicit votes in any manner or by any means or method, nor shall any person by any means or device, distribute or display any campaign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind, in support of any person, party or proposition, in any election or primary, including municipal, county, State and national, within one hundred fifty (150) feet of any voting place. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956.

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CERTIFIED PUBLIC WEIGHERS ACT AMENDED. No. 212 (House Bill No. 149). An Act to amend an Act entitled, An Act to provide for certified public weighers, to provide for appointment of same, defining their powers and duties, providing penalties for violations thereof, and for other purposes, approved February 25, 1949 (Ga. L. 1949, p. 1179), so as to remove the time limitation on the indemnity bond; to change the penalty provision for violation; to change the license renewal fee; 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 certified public weighers, to provide for appointment of same, defining their powers and duties, providing penalties for violations thereof, and for other purposes, approved February 25, 1949 (Ga. L. 1949, p. 1179), is hereby amended by striking from Section 5 the words, from the period beginning.....and ending December 31, 194..... and the comma following, so that as so amended, Section 5 shall read: Sec. 15, Act of 1949, amended. Section 5. Any such persons, firms, or corporations who shall have their employees or agents designated as certified public weighers shall post a surety bond in the sum of $1,000.00 (one thousand dollars) payable to the Commissioner of Agriculture for the benefit of persons, firms, or corporations issuing a certified public weigher's certification of any weight or measure of any commodity or thing conditioned as follows: Surety bond. If the principal shall faithfully comply with the rules and regulations governing a certified public weigher, as prescribed by the Commissioner of Agriculture, in writing, and shall indemnify the Commissioner of Agriculture, for the use and benefit of persons, who suffer injury or damage as a result of the negligence, incompetence,

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or misconduct of principal in performing the aforesaid duties of a certified public weigher, then this obligation to be void; otherwise of full force and virtue. Section 2. Said Act is further amended by striking from Section 7 the words and figures, by a fine of not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars, or by imprisonment for not more than six months in the discretion of the court, and in lieu thereof inserting the words as provided by law, so that Section 7 as so amended shall read: Sec. 7 amended. Section 7. Any certified public weigher who shall issue a certificate giving a false weight, measure, count or reading, or who shall misrepresent the weight, measure, count or reading of any commodity, produce or article, or who shall otherwise violate any of the provisions of this Act or violate any of the rules promulgated by authority of this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law, and, in addition thereto, his license as a certified public weigher shall be revoked and he shall forfeit his seal which, when so forfeited shall be turned over to the Commissioner of Agriculture. Revocation of licenses. Section 3. Said Act is further amended by striking from Section 10 the word and figure, two ($2.00) and in lieu thereof inserting the words and figure, five ($5.00), so that Section 10, as so amended shall read: Section 10. License fees. Certified public weighers shall be licensed for a period of one year beginning on the first day of July and ending on the thirtieth day of June, next, and a fee of ($5.00) dollars shall be paid to the Commissioner of Agriculture by each person so licensed at the time application is filed. A fee of five ($5.00) dollars shall be required of all renewals of license as a certified public weigher. In addition thereto the applicant shall pay the actual cost of seals required under this Act. License fees.

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Secton 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. AUTOMOBILE LICENSE TAGS FOR DISABLED VETERANS. No. 218 (Senate Bill No. 120). An Act to provide for the issuance of automobile license tags to disabled veterans; 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. Effective as applied to the license tags for the year 1956, a disabled American veteran of any war or armed conflict in which the United States engaged, who is a citizen and resident of the State of Georgia, and who has been, or might hereafter be, awarded an automobile by the Veterans' Administration which is to be owned and operated by the said disabled veteran, with or without special equipment for amputees, will be provided upon application therefor a State automobile license tag free of charge upon presentation by said veteran of the proof that he has been furnished an automobile free of charge by the United States Government. Tag. Section 2. The Revenue Commissioner is hereby directed to furnish with said license tag an emblem showing that the license tag was issued to a disabled veteran. Emblem. Section 3. Said license tag so issued shall be non-transferable. Section 4. The veterans' organizations in Georgia possessing a charter by Act of Congress shall be authorized

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to prepare under the supervision and direction of the Revenue Commissioner an emblem to be attached to the automobile license plate of any such automobile so owned and operated and carrying a Georgia license tag furnished to such disabled veteran by the State of Georgia under the provisions of this Act. Emblem. Section 5. No such disabled veteran shall be entitled to own or operate more than one vehicle with a free license tag such as is provided by this Act. Section 6. Any person evading or violating any of the provisions of this Act, or attempting to secure benefits under this Act to which he is not entitled shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Violations. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. BASTARDY, WIFE-BEATING, ABANDONMENT. No. 219 (House Bill No. 71). An Act to provide that in misdemeanor cases in which the defendant is charged with the offense of bastardy, wife-beating, or abandonment, trial may be had in all superior courts of this State upon accusation unless the defendant shall in writing prior to his plea demand indictment by a grand jury. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. In misdemeanor cases in which the defendant is charged with the offense of bastardy, wife-beating, or abandonment, trial may be had in all superior courts

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of this State upon accusation unless the defendant shall in writing prior to his plea demand indictment by a grand jury. Accusations. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. GUARANTEED ARREST BOND CERTIFICATES. No. 223 (House Bill No. 177). An Act to provide for qualified insurance, fidelity insurance, or surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certificates of automobile clubs and associations, as defined, and requiring the acceptance of such guaranteed arrest bond certificates in lieu of cash bail or other bonds in the event of violation of motor vehicle laws of this State and ordinances of all municipalities of this State regulating motor vehicles except felonies or driving under influence of intoxicating liquor or drugs and to provide for forfeiture of such guaranteed arrest bond certificates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (1) Any domestic or foreign insurance company, fidelity insurance company, or surety company which has qualified to transact such business within this State may, contract to become surety, in an amount not to exceed $200.00 each, for any guaranteed arrest bond certificates issued by an automobile club or association, by filing with the Insurance Commissioner of this State a certificate thus to become surety. Guaranteed arrest bond certificates. (2) Such certificate shall be in a form which shall

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be prescribed by the Insurance Commissioner and shall state the following: (a) The name and address of the automobile club or clubs or automobile association or associations issuing the guaranteed arrest bond certificates of which the said company undertakes to be surety. (b) The unqualified obligation of the company undertaking to become surety to pay the fine or forfeiture in an amount not to exceed $200.00 of any person who fails to make an appearance to answer the charges for which said guaranteed arrest bond certificate is posted. Section 2. Any guaranteed arrest bond certificate to which an insurance, fidelity insurance or surety company has become surety, as herein provided, shall when posted by the person whose signature appears thereon, be accepted in lieu of cash bail or other bond in an amount not to exceed $200.00, as a bail bond, to guarantee the appearance of such person in any court in this State, including all municipal courts in this State, at such time as may be required by the court, when the person is arrested for violation of any motor vehicle law of this State or any motor vehicle ordinance of any municipality in this State, except for the offense of driving under the influence of intoxicating liquors or drugs, or for any felony. Any such guaranteed arrest bond certificates so posted as bail bond in any court in this State shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as provided by law or as may hereafter be provided by law. Any such guaranteed arrest bond certificate posted as a bail bond in any municipal court of this State shall be subject to the forfeiture and enforcement provisions of the charter or ordinance of the particular municipality pertaining to bail bonds. How usable. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956.

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COUNTIESPERFORMANCE BONDS. Code Ch. 23 Amended. No. 224 (Senate Bill No. 60) An Act to amend Chapter 23 of the Code of Georgia of 1933 as amended relating to counties so as to require a performance bond in favor of the State or county or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, subcontractors and laborers and materialmen of subcontractors; to provide a method for the filing and approval of such bonds; to describe action against insolvent or insufficient securities; to establish a method and conditions for action on such bond; to establish a limit of time to bring action; 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 23-1705 of the Code of Georgia of 1933 as amended be amended by striking the same in its entirety and inserting in lieu thereof the following section: Code 23-1705 amended. 23-1705. Bond for public contractors.No contract with this State, a county, municipal corporation, or any other public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give: (1) A performance bond with good and sufficient surety or sureties payable to, in favor of and for the protection of the State, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract.

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This bond shall not be required when a bond is required under Section 23-1704 of the Code of Georgia of 1933 as amended. Bond for public contractors. (2) A payment bond with good and sufficient surety or sureties, payable to the State, county, municipal, corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in said contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. (3) Provided, however, that this section shall not apply where the total contract price does not exceed one thousand dollars ($1,000.00). Section 2. That Section 23-1706 be amended by striking the word bond wherever it appears in the first sentence of said section and inserting in lieu thereof the words bonds, and by inserting in the last two sentences of said section immediately before the word bond wherever said word bond appears, the word payment and by inserting immediately following the words shall be liable to all and immediately preceding the words, thereunder, for any loss the words subcontractor and to all persons furnishing labor, skill, tools, machinery or material to the contractor or subcontractor, so that said Section 23-1706 when so amended shall read: 23-1706 amended. 23-1706. Approval and filing of bonds.Such bonds shall be approved and filed with the treasurer, or the person performing the duties usually performed by a treasurer, of the obligee named therein, unless the contract is for the erection, improvement or repair of buildings for a State institution, in which case it shall be approved and filed with the board or officer having the financial management of such institution: Provided, however, that should the surety named in said bonds be other than a surety company authorized by law to do business in this State, such bonds shall not be approved and filed unless said surety make and file with said bonds an affidavit stating under oath that said surety is the fee-simple owner of real estate equal in value to the amount of the bonds over and above any and all liens, encumbrances, and exemption rights allowed by law. If such payment bond, together with affidavit when necessary, shall not be taken in manner and form as herein required, the corporation or body for which work is done under the contract, shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery or materials to the contractor or subcontractor thereunder, for any loss resulting to them from such failure. No agreement, modification, or change in the contract or change in the work covered thereby, nor any extension of time for the completion of the contract shall release the sureties of said payment bond.

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Section 3. That Section 23-1707 of the Code of Georgia of 1933 be amended by striking the word bond wherever it appears in the second, third, and fourth lines of said Code section and inserting in lieu thereof the words bonds, or either of them. and by inserting immediately before the word bond wherever it appears in said seventh line of said section the words bonds or, so that said section when so amended shall read as follows: 23-1707 amended 23-1707. Insolvent or insufficient sureties.Whenever, in its judgment, any of the sureties in such bonds, or either of them have become insolvent, or any corporate surety is no longer approved by the Insurance Commissioner to do business in the State, or for any cause there are no longer proper or sufficient sureties on said bonds, or either of them, the obligee may require the contractor to strengthen said bonds, or either of them, or to furnish a new or additional bond within 10 days, and thereupon, if so ordered by such obligee, all work on such contract shall cease unless such new or additional bonds or bond is furnished. If such bonds or bond be not furnished within such time, the obligee may terminate the contract and complete the same as the

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agent and at the expense of such contractor and his sureties. Insolvent or insufficient sureties. Section 4. That Section 23-1708 of the Code of Georgia of 1933 as amended be amended by striking the same in its entirety and inserting in lieu thereof the following Section: 23-1708 amended. 23-1708. Action on bonds.1. The obligee in any performance bond required to be given in accordance with Section 23-1705 of the Code of Georgia of 1933 as amended by this Act shall be entitled to maintain an action thereon at any time upon any breach of said bond. 2. Every person entitled to the protection of the payment bond required to be given under Code Section 23-1705 as amended by this Act, and who has not been paid in full for labor or material furnished in the prosecution of the work referred to in said bond before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him, or material or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due him; provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing said payment bond shall have the right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the day on which such person did or performed the last of the labor, or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done; Provided further that nothing contained herein shall limit the right of action

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to said 90-day period. Notice may be served by depositing a notice, registered mail, postage prepaid, duly addressed to the contractor at any place he maintains an office or conducts his business, or his residence, in any post office or branch post office or any letter box under the control of the Post Office Department or, notice may be served in any manner in which the sheriffs of Georgia are authorized by law to serve summons or process. Every suit instituted under this section shall be brought in the name of the claimant without the State, county, municipal corporation or public board or body for which the work was done or was to be done being made a party thereto. The official who has the custody of said bond is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and payment therefor has not been made, or that he is being sued on any such bond, a copy of such bond and the contract for which it was given, certified by the official who has custody of said bond; this copy shall be primary evidence of said bond and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, but in no case shall the fee exceed the fees which the clerks of the superior courts are permitted to charge for similar copies. Action on bonds. Section 5. That Section 23-1709 of the Code of Georgia of 1933 be amended by striking the word bond, and substituting in lieu thereof the words bonds or either of them, so that said section when amended shall read as follows: 23-1709 amended. Section 23-1709. Limit of time to bring action.No action can be instituted on said bonds or either of them after one year from the completion of the said contract and the acceptance of said public building or public work by the proper public authorities. Limit of time to bring action. Section 6. (1) The term person and the masculine pronoun as used throughout this Act shall include all

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persons whether individuals, associations, co-partnerships or corporations. Person. (2) The term subcontractor includes but is not limited to those having privity of contract with the prime contractor. Subcontractor Section 7. This Act shall take effect upon April 1, 1956, but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract. Effective date. Section 8. If any part or parts of this Act be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining portions of this Act. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed: Provided, however, that each and every Act of the Code of Georgia of 1933 as amended, amended, or repealed by this Act shall remain in full force and effect in respect to contracts for which invitation for bids have been issued on or before the date this Act takes effect, and to persons and to the State, counties, municipal corporations and public boards or bodies in respect to such contracts. Approved February 27, 1956. VETERINARY USE OF SULFANILAMIDE AND SULFONAMIDE DRUGS. No. 227 (House Bill No. 100). An Act to amend an Act relating to the sale, purchase and use of drugs of the sulfanilamide or sulfonamide group manufactured for use in the control of livestock and poultry diseases, approved March 26, 1947 (Ga. L. 1947, p. 734), so as to permit the use of such drugs in mixed feeds; 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 providing for the sale, purchase and use of drugs of the sulfanilamide or sulfonamide group manufactured for use in the control of livestock and poultry diseases, approved March 26, 1947 (Ga. L. 1947, p. 734), is hereby amended by striking Section 2 in its entirety and in lieu thereof inserting the following: Section 2. It shall be lawful for any poultry or livestock owner in this State to buy and use drugs of the sulfanilamide or sulfonamide group manufactured for use in the control of livestock and poultry diseases that are sold in the original unbroken package of the manufacturer, plainly stamped or labeled to indicate their use and veterinary nature, giving directions for their use and adequate caution as to the dangerous character of such drugs. Such drugs may be bought and sold by persons other than licensed pharmacists and without the necessity of prescriptions to poultry and livestock owners and dealers in poultry and livestock supplies. Manufacturers or mixers may mix such drugs with feed in the manufacture or mixing of feeds provided the label thereon shall indicate the name and amount of drug content. Use in livestock and poultry diseases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. COMMERCIAL FEED AND FEEDING STUFFS. No. 229 (House Bill No. 106). An Act to amend an Act relating to the sale of commercial feed and feeding stuffs sold in this State, approved March 6, 1945 (Ga. L. 1945, p. 213), so as to provide penalties where feed or feeding stuff is found to be deficient in the guaranteed analysis of such feed; to provide a minimum penalty; to clarify the provisions as to whom penalties assessed under the provisions of

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this Act are paid; to provide a penalty for the failure to attach the permit number to feed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the sale of commercial feed and feeding stuffs sold in this State, approved March 6, 1945 (Ga. L. 1945, p. 213), is hereby amended by striking Section 6 in its entirety, and in lieu thereof inserting the following: Act of 1945 amended. Section 6. Where any lot or batch of feed or feeding stuff bearing a guaranteed analysis of less than 24% protein is found by an analysis by the State Chemist to be deficient in protein more than 5% and not more than 10% below the guaranteed analysis of protein, a penalty of 15% of the purchase price shall be assessed against the manufacturer or guarantor. If such feed shall be found to be deficient in protein more than 10% below the guaranteed analysis in protein, a penalty of 20% of the purchase price shall be assessed against the manufacturer or guarantor. Penalties for contents less than guaranteed. Where any lot or batch of feed or feeding stuff bearing a guaranteed analysis in protein of 24% or more is found by an analysis by the State Chemist to be deficient in protein more than 2 % and not more than 5% below the guaranteed analysis in protein, a penalty of 15% of the purchase price shall be assessed against the manufacturer or guarantor. If such feed shall be found to be deficient in protein more than 5% below the guaranteed analysis in protein, a penalty of 20% of the purchase price shall be assessed against the manufacturer or guarantor. Where an analysis by the State Chemist reveals that any lot or batch of feed or feeding stuff is deficient in an amount of 15% or more from the guaranteed analysis in fat, a penalty of 10% of the purchase price shall be assessed against the manufacturer or guarantor.

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Where an analysis by the State Chemist reveals that any lot or batch of feed or feeding stuff contains more than 10% crude fiber above the guaranteed analysis in crude fiber, a penalty of 10% of the purchase price shall be assessed against the manufacturer or guarantor. All such penalties shall be cumulative, and the minimum penalty under any of the provisions of this section shall be no less than $3.00. Section 2. Said Act is further amended by striking Section 8 in its entirety, and in lieu thereof inserting the following: Section 8. Samples to be analyzed by the State Chemist or used in a feeding test by the Chief Veterinarian shall be taken by feed inspectors of the Department of Agriculture under rules and regulations prescribed by the Commissioner of Agriculture. The number of packages from which a sample is taken, the preparation of such sample for analysis and the collection of the penalty arising thereunder shall insofar as practical be the same as now prescribed by law for taking samples of commercial fertilizer. The same power and authority now vested in the Commissioner of Agriculture for the assessment and collection of penalties under the fertilizer laws is hereby adopted as part of this Act and made applicable to commercial feed and feeding stuffs. Any penalties arising under the provisions of this Act, except the penalty for failure to attach tags or inspection stamps or permit number, shall be collected by the Commissioner of Agriculture, for the use and benefit of feeder or feeders using such feed or feeding stuff. If the feeder or feeders can not be found or located within six (6) months after the penalty has been paid, the Commissioner of Agriculture shall deposit such unclaimed funds in the State treasury. Provided, however, that the Commissioner shall have no authority to waive any of the penalties imposed under the provisions of this Act. Samples for analysis. Section 3. Said Act is further amended by striking

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Section 12 in its entirety, and in lieu thereof inserting the following: Section 12. For failure to attach analysis tags as now provided by law, or for failure to attach inspection stamps or permit numbers as provided by law, to any feed or feeding stuff sold or offered for sale within this State, a penalty of one dollar ($1.00) per ton or fraction thereof is hereby levied, this penalty to be supplemental and in addition to the twenty cents (20) per ton inspection fee as now required, such penalty to be paid into the State treasury as other revenues of the Department of Agriculture. Failure to attach analysis tags. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. WILDLIFE RANGERSCOMPENSATION. No. 230 (House Bill No. 112). An Act to amend an Act approved March 7, 1955 (Ga. L. 1955, p. 483) comprehensively and exhaustively revising and superseding the laws of this State relating to the Game and Fish Commission and to game and fish, by amending Section 13 thereof, relating to salaries of commission employees and wildlife rangers, by providing that such wildlife rangers shall receive in addition to their salaries, subsistence allowances to be fixed by the commission in an amount not to exceed $5.00 per day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 7, 1955, (Ga. L. 1955, p. 483) comprehensively and exhaustively revising

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and superseding the laws of this State relating to the Game and Fish Commission and to game and fish, is hereby amended by amending Section 13 thereof, relating to salaries of commission employees and wildlife rangers, by adding thereto a new paragraph, to be known as Paragraph (c), and to read as follows: (c) Each wildlife ranger shall receive, in addition to his salary, a sum to be fixed by the commission in an amount not to exceed $5.00 per diem, as a subsistence allowance, for each day actually spent in performance of his duties. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. INSTITUTE OF LAW AND GOVERNMENT COMMENDED. No. 49 (House Resolution No. 223). A Resolution. Expressing appreciation to the Institute of Law and Government of the University of Georgia Law School; and for other purposes. Whereas, there has been presented to the members of the General Assembly, a study prepared by the Institute of Law and Government of the School of Law of the University of Georgia, which is entitled A Study of the Riparian and Prior Appropriation Doctrines of Water Laws; and Whereas, this study has been conducted and prepared in an excellent manner and contains an abundant amount of valuable information for not only the

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members of the General Assembly, but for the citizens of the entire State, and will assist those persons who have a particular interest in this subject. Now, therefore, be it resolved by the General Assembly of Georgia, that this body express its sincere appreciation for the aforesaid study to the Institute of Law and Government of the School of Law of the University of Georgia, its Director, J. Alton Hosch, Dean of the University of Georgia Law School, Honorable O.C. Aderhold, President, University of Georgia, and all others connected with the preparation and submission of this study. Be it further resolved that the Secretary of State is hereby directed to send an appropriate copy of this Resolution to each of the above named persons, to each member of the Board of Regents of the University System of Georgia, and to Dr. Harmon W. Caldwell, Chancellor of the University System of Georgia. Approved February 27, 1956. BATTLE FLAGS OF CONFEDERACYPRESERVATION. No. 50 (Senate Resolution No. 48). A Resolution. Relative to the preservation of certain historic property; and for other purposes. Whereas, the condition of the battle flags of Georgia regiments of the Confederacy now on display in the Capitol is deplorable in that no protection against insects is provided; and Whereas, these flags are displayed in such a manner

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as to allow them to become filthy, insect infested and not protected from loss by theft; and Whereas, these flags are not displayed with the dignity and honor that they deserve and to fail to preserve them for future generations would be a disgrace upon this State: Now, therefore, be it resolved by the General Assembly of Georgia, that the Secretary of State is hereby authorized and directed to cause the Confederate flags of Georgia regiments now on display in the Capitol to be cleaned, insect proofed and placed in display cases of such construction as to protect them from filth, insects, and theft. Be it further resolved that the Secretary of State shall report his actions concerning the preservation of the same to the 1957 session of the General Assembly. Approved February 27, 1956. CHATHAM COUNTYEXTENSION OF INDUSTRIAL AREAS. Proposed Amendment to the Constitution. No. 52 (Senate Resolution No. 33). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Paragraph III, Section I, Article VII, of the Constitution of Georgia of 1945 creating additional industrial areas in the County of Chatham, fixing the boundaries of said industrial areas, providing that needed municipal services be furnished said areas as a prerequisite for taxation by any municipal corporation,

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providing for the levying of taxes in a manner different from the manner of levying taxes on other classes of property, limiting the amount of taxes that may be levied in said industrial areas by any municipal corporation, and providing for the submission of this amendment for ratification or rejection by the people, and for other purposes. Whereas, in order to keep pace with the rapidly increasing industrial progress of Chatham County and to continue to encourage industries to locate in Chatham County, It is deemed wise and expedient to expand the industrial areas suitable for the location of industries in Chatham County, Georgia, and to provide for the furnishing of certain services by any municipal corporation which may hereafter be in a position to furnish same: Therefore, be it resolved by the General Assembly of the State of Georgia that: Section 1. That Article VII, Section I, Paragraph III of the Constitution of the State of Georgia be and the same is hereby amended by adding to the end Paragraph III, B, Section I, Article VII, of the Constitution of the State of Georgia of 1945: Paragraph III B. There are hereby created in Chatham County, west of the property of the Georgia Ports Authority, commonly known as Savannah State Docks, certain areas along the Savannah River, to be known as industrial areas; said industrial areas shall include all the lands and improvements located within the following boundaries: Parcel No. 1. Beginning at the intersection of Pipe Maker Canal and the west line of the Savannah River and extending thence westwardly along the north side of Pipe Maker Canal to the intersection of said canal

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and the east line of U. S. Highway No. 17, thence along the east line of U. S. Highway No. 17 in a northerly direction to the southwest corner of Lot No. 72 in the Grange Subdivision, thence with the south line of the Grange Subdivision in an easterly direction to the southeast corner of Lot 96 of said subdivision, the same point being the southwest corner of Lot No. 98 of said subdivision, thence along the line between Lots No. 96 and 98 of said subdivision in a northerly direction and continuing across Grange Road to the southeast corner of Lot No. 97 of the Grange Subdivision, extending thence northwardly along the east line of Lot No. 97 to the northeast corner of said lot, extending thence westwardly along the north line of Grange Subdivision to the east line of U. S. Highway No. 17, extending thence northwardly along the east line of U. S. Highway No. 17 to the north property line of the Atlantic Creosoting Company, extending thence eastwardly along the north property line of Atlantic Creosoting Company to the west boundary of the right-of-way of the Savannah and Atlanta Railway, thence in a northerly and northwesterly direction along said right-of-way line of the Savannah and Atlanta Railway to a point on the east line of U. S. Highway No. 17, extending thence northwardly along the east line of U. S. Highway No. 17 to a point approximately 107 feet south of the intersection of U. S. Highway No. 17 and the south line of Appleby Road, extending thence northwardly along the east line of Blocks Numbers 1, 20 and 21 of Bonnybridge Subdivision to a point on the south line of U. S. Highway No. 17, extending thence across U. S. Highway No. 17 on a bearing of north ten degrees forty-five minutes (10 45) west and continuing on this bearing to the intersection of a line on said bearing and Augustine Creek, said creek being the northern property line of the Port Wentworth Corporation, thence in an easterly direction along said creek to a point on the west line of the Savannah River, thence with the west line of the Savannah River in a southerly direction to the point of beginning; all of which will appear by reference to a

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map showing Port Wentworth Corporation property and vicinity, Chatham County, Georgia, and listed as Map No. 16538, File C-6-Y, in the Office of Chief Engineer, Savannah and Atlanta Railway Company. Parcel No. 2. An island formed by the cutting of a new channel and the old channel of the Savannah River and located east of the new channel, the property of the Porth Wentworth Corporation. Parcel No. 3. And also all that portion of Whitehall Plantation lying west of U. S. Highway No. 17, marked Midland Properties Co., which is bounded on the north by the south line of the Grange Subdivision, on the east by U. S. Highway No. 17, on the south by Pipe Maker Canal, and on the west by Georgia Highway No. 21, commonly known as the Augusta Road; Be it further resolved by the authority aforesaid that said industrial areas as above described shall not hereafter be included within the limits of any municipal corporation, hereafter incorporated or now existing, except by process of constitutional amendment, and said areas shall not be subject to taxation by any municipal corporation now existing or hereafter incorporated except in the manner herein provided. The duly constituted authorities of any municipal corporation hereafter incorporated or now existing, shall be authorized and empowered to levy taxes on the land and improvements in said industrial areas when such municipal corporation shall be able to furnish needed municipal services to said areas or parts thereof, and the levy of taxes on said industrial areas, or parts thereof, shall be limited to five (5) mills on the dollar and the assessment of said property shall be the same assessment as is made by the County of Chatham on the tax returns of the property and improvements located within said industrial areas. The duly constituted authorities of any such municipal corporation when empowered to levy taxes on the land and improvements

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within said industrial areas are hereby expressly prohibited from exercising regulatory licensing or any other municipal or other governmental function over said area. Section 2. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) vote of the members elected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with ayes and nays taken thereon, and shall, by the Governor, be published in one or more newspapers in each Congressional district, and in one or more newspapers at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected and said amendment shall be submitted to the people at said next general electon; all persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on the ballot the words For ratification of amendment to Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the creation of additional industrial areas in the County of Chatham, and all persons opposed to the adoption of said amendment shall have written or printed on the ballot the words Against ratification of amendment to Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the creation of additional industrial areas in the County of Chatham. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, in the State as a whole, and also a majority of said electors voting thereon in Chatham County, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said amendment shall become a part of Article VII, Section I, Paragraph III, of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.

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AMENDED INCOME TAX RETURNS. No. 55 (House Resolution No. 48-129d) A Resolution. Whereas, the General Assembly by an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 274), in Code Section 92-3109 (c) (6) as enacted thereunder, made a special provision relating to the deduction of Federal income taxes for Georgia income tax purposes for the first taxable year ending on or after February 15, 1952, as follows: (6) In the case of the first taxable year ending on or after February 15, 1952, a taxpayer reporting on the cash receipts and disbursements basis may deduct Federal income taxes paid within such year. For said taxable year a taxpayer reporting on the accrual basis may deduct Federal income taxes paid within such year. The purpose of this paragraph is to correct possible inequities appearing as a result of the amendment to this subsection in an Act approved February 15, 1952. However, if, as a result of said Act a taxpayer on the accrual basis deducts Federal income taxes incurred during the first year ending on or after February 15, 1952 on a Georgia return for the same period, said taxpayer, unless he files an amended return in accordance with the provisions hereinafter stated, shall not thereafter deduct such tax again, regardless of his method of accounting, and notwithstanding the provisions of Paragraph 3 hereinabove. If a taxpayer files, or has filed, a return for the taxable period covered by this paragraph without benefit of the provisions thereof, he may file an amended return for said period in order to deduct Federal income taxes actually paid during said period, and to add back Federal income taxes accrued on the original return. If such amendment results in a deficiency of Georgia income tax,

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the same shall be paid by the taxpayer without interest to date of said amendment. If such amendment results in an overassessment the same shall be abated, and if paid it shall be deemed to have been erroneously collected and shall be refunded, without interest to the date claim therefor is filed. Said amended return may be filed at any time within two years from the date of passage of this Act, and not thereafter. and Whereas, the special period provided therein for filing amended returns thereunder expired February 28, 1955; and Whereas, the General Assembly by an Act approved June 24, 1955 (Ga. L. 1955, June Ex. Sess., p. 27, 32) repealed Code Section 92-3109 ( c ) to the extent that it allowed any deduction of Federal income taxes for Georgia income tax purposes; and Whereas, it appears that many taxpayers did not avail themselves of the benefit of Code Section 92-3109 ( c ) (6) during its effective period and that an additional period of time is desirable within which to allow such taxpayers to make the adjustment prescribed therein; Therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Revenue Commissioner be authorized to receive amended returns for the first taxable year ending on or after February 15, 1952, in accordance with the provision of former Code Section 92-3109 ( c ) (6) as set forth above and to adjust the income tax liability of a taxpayer filing such an amended return as prescribed therein. Such amended return must be filed on or before June 30, 1956, and not thereafter. If such amended return shows a deficiency of Georgia income taxes it shall be paid by the taxpayer with interest at six percent per annum from the due date of the original return. If such amended return shows an overpayment of

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Georgia income taxes it shall be deemed to have been erroneously collected and shall be refunded without interest. The adjustment hereby authorized on such amended returns for the deduction of Federal income taxes for the first taxable year ending on or after February 15, 1952, shall not be permitted to establish a net operating loss for that taxable year. Approved February 27, 1956. DR. LESTER NEVILLE BRIDGE DESIGNATED. No. 56 (House Resolution No. 18-64c). A Resolution. To designate a bridge across U. S. Highway 23 or 441 at the city limits of Dillard, Georgia, as the Dr. Lester Neville Bridge; and for other purposes. Whereas, Dr. Lester Neville of Rabun County faithfully and diligently served his fellowman for a great number of years throughout Rabun and surrounding counties, and unstintingly contributed his time and efforts to any and every community project that he was called upon to aid. Whereas, in the performance of his duties Dr. Lester Neville was always cognizant of the physician's creed; always endeavoring in some way to help his friends and neighbors, and answering each beckoning call for help by them without complaint and with never a thought of personal gain. Whereas, in recognition of his long period of service and the love and affection which the people of Rabun County and the State of Georgia held for Dr. Lester Neville; the members of the legislature of the State of Georgia are desirous of honoring this outstanding Georgian in some appropriate manner.

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Now, therefore, be it resolved by the General Assembly of Georgia, that the bridge across U. S. Highway 23 or 441, spanning what is known as Betty's Creek at the city limits of Dillard, Georgia, shall hereafter be designated as the Dr. Lester Neville Bridge. The State Highway Department officials and other State agencies are directed that on all maps and publications the said bridge shall be referred to and designated as the Dr. Lester Neville 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 February 27, 1956. ATLANTA INDEBTEDNESS. Proposed Amendment to the Constitution. No. 57 (Senate Resolution No. 42). A Resolution. Proposing to the qualified voters that Article VII of the Constitution of the State of Georgia of 1945 be amended by adding thereto a new section to be appropriately numbered so as to authorize the City of Atlanta to incur debt to the extent of twelve (12%) per centum of the assessed value of all the taxable property therein, and for other purposes. Be it resolved and, it is hereby resolved by the General Assembly of Georgia: Section 1. That Article VII of the Constitution of the State of Georgia, as amended, be further amended by adding at the end thereof a new section to be appropriately numbered and to read as follows: Section Paragraph I. Notwithstanding any

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other provision of this Article, the total indebtedness hereafter incurred by the City of Atlanta, except as in this Constitution provided for, shall never exceed twelve (12%) per centum of the assessed value of all the taxable property therein, provided such indebtedness shall be authorized by the assent of the majority of the qualified voters of said city voting in an election for that purpose to be held as prescribed by law; Provided further, that the indebtedness of said city, now existing for all purposes or hereafter incurred, for its lawful corporate purposes, other than school purposes, shall never exceed eight (8%) per centum of the assessed value of all the taxable property therein; And provided further, that the indebtedness of said city, hereafter incurred, for the purpose of providing funds to acquire, construct, equip, improve and add to new or existing school buildings or facilities of the school system of the city, and for the acquisition of the necessary land and other property therefor and the payment of expenses incident thereto, shall never exceed four (4%) per centum of the assessed value of all the taxable property therein. 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. At said general election, this amendment shall be

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submitted to the people of Georgia for ratification or rejection. Those desiring to vote in favor of the amendment shall have written or printed on their ballots the words For ratification of the amendment to Article VII of the Constitution of the State of Georgia of 1945, authorizing the City of Atlanta to incur debt to the extent of twelve (12%) percentum of the assessed value of all the taxable property therein, of which debt, eight (8%) per centum shall be for lawful corporate purposes, other than school purposes, and four (4%) per centum shall be for school purposes. Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words Against ratification of the amendment to Article VII of the Constitution of the State of Georgia of 1945, authorizing the City of Atlanta to incur debt to the extent of twelve (12%) per centum of the assessed value of all the taxable property therein, of which debt, eight (8%) per centum shall be for lawful corporate purposes, other than school purposes, and four (4%) per centum shall be for school purposes. If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who, shall, if such amendment be ratified, make proclamation thereof.

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COBB COUNTY PAVING. Proposed Amendment to the Constitution. No. 59 (House Resolution No. 22-64g). A Resolution. Proposing an amendment to the Constitution so as to provide for the paving of streets and sidewalks in Cobb County, and to authorize the cost thereof to be assessed against the abutting property; 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 I. Article XI, Section I, Paragraph I of the Constitution, relating to counties and the boundaries thereof, is hereby amended by adding at the end thereof the following: The governing authority of Cobb County is hereby authorized to provide for the construction and maintenance, which shall include paving, of streets, sidewalks or curbing, either one or a combination of two or more, in any part of such county outside the corporate limits of any municipality located therein, and to assess the cost thereof on a lineal foot basis against the abutting property. The governing authority is further authorized to provide for the issuance of 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

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and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Constitution so as to provide for the paving of streets, sidewalks and curbing in Cobb County, and to authorize the cost thereof to be assessed against the abutting property. Against ratification of amendment to Constitution so as to provide for the paving of streets, sidewalks and curbing in Cobb County, and to authorize the cost thereof to be assessed against the abutting property. 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 issue his proclamation thereon.

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COMMITTEE TO STUDY PRESERVATION OF STATE AND COUNTY RECORDS. No. 60 (Senate Resolution No. 15). A Resolution. Creating a committee to study the advisability of constructing a building for the purpose of storing county and State records; and for other purposes. Whereas, the official records of the State and the various counties thereof are of inestimable value, and most of them can never be replaced in the event of their destruction, and Whereas, the affairs of the State and the counties would be disrupted and in a state of confusion if such records were not available for study, and Whereas, it has been suggested for several years that a building be constructed for the purpose of storing such records, and the destruction of the Douglas County courthouse by fire has focused attention upon this matter and upon the dire need for such a building, and Whereas, it has been suggested that a building be constructed adjacent to the present structure housing the Department of Archives and History, and Whereas, in the event of the construction of such a building, various records could not only be stored there, but could be microfilmed, laminated and otherwise restored in order that their usefulness be increased, and the prospect of their destruction reduced to an absolute minimum, Now, therefore, be it resolved by the General Assembly of Georgia, that there is hereby created a committee for the purpose of making a comprehensive study as to the advisability of constructing a building

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adjacent to the structure presently housing the Department of Archives and History, for the purpose of storing the aforesaid records and restoring them to usefulness as aforesaid. Said committee shall be composed of four members, two of whom shall be members of the House of Representatives to be appointed by the Speaker, one of whom shall be a member of the Senate to be appointed by the President of the Senate and the other member shall be the Secretary of State. Said committee is hereby authorized to make a complete and comprehensive study as aforesaid, and is authorized to consult with experts and other persons familiar with the matters described herein, in order to be able to obtain the best possible information thereon. The Secretary of State is hereby designated as chairman of the committee, and the committee shall meet upon his call. For each day spent in the performance of the duties and functions described herein, each member of the committee, including the member who is not a member of the General Assembly, shall be entitled to, and shall receive, the same per diem, compensation, expense allowance and travel allowance as is received by a member of the General Assembly for service on interim committees. The members of the committee shall receive no pay for any days beyond a total of ten days in the aggregate. The committee shall make a report of its study, which report shall include its findings, conclusions and recommendations relative to the subject matter of its study, to the members of the General Assembly, the Governor and the public, on or before January 15, 1957, and the committee created hereunder shall stand abolished as of that date.

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STATE BOARD OF WORKMEN'S COMPENSATIONSALARIES. No. 232 (House Bill No. 118). An Act to amend an Act creating the State Board of Workmen's Compensation, defining its authority, powers, duties, composition, salaries; and for other purposes, approved February 8, 1943 (Ga. L. 1943, p. 167) as amended particularly by an Act approved February 3, 1950 (Ga. L. 1950, P. 72) so as to increase the compensation of the chairman and members of the board; to fix the salary of the duly appointed and qualified secretary-treasurer of the board; to fix the salaries of the duly appointed deputy directors of the said board; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Workmen's Compensation, defining its authority, powers, duties, composition, salaries; and for other purposes, approved February 8, 1943, (Ga. L. 1943; p. 167) as amended particularly by an Act approved February 3, 1950 (Ga. L. 1950, p. 72) is hereby amended by striking the last sentence of Section 3 and in lieu thereof inserting the following: The chairman of the Workmen's Compensation Board shall receive as compensation for his services the sum of $10,000.00 per year payable in semi-monthly installments and each of the two remaining members of said board shall receive as compensation for their services the sum of $10,000.00 payable in semi-monthly installments. The annual salary of the deputy directors, duly appointed by the board, shall be $7,500.00 payable in semi-monthly installments, and the annual salary of the secretary-treasurer, duly appointed and qualified, shall be $9,000.00 payable in semi-monthly installments.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. FIREMEN'S PENSION SYSTEM AMENDED. No. 233 (House Bill No. 278). An Act to amend an Act providing pensions to the firemen of the State of Georgia, approved March 3, 1955 (Ga. L. 1955, p. 339), so as to change definitions; to make changes relative to compensation; to make changes relative to creditable service, to change provisions relative to refunds; 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 providing pensions to the firemen of the State of Georgia, approved March 3, 1955 (Ga. L. 1955, p. 339), is hereby amended by striking Paragraph (1) of Section 1, and inserting in lieu thereof a new paragraph (1), to read as follows: (1) `Firemen'All persons who are employed by a full time fire department of the State of Georgia or any municipality or other political subdivision thereof, on a full time basis as permanent rather than temporary employees of such department, which department must own fire apparatus and equipment of the value of five thousand dollars ($5,000.00) or more, and which department is recognized by the Southeastern Underwriters Association as not less than a Class `8' Department. Firemen. Section 2. Said Act is further amended by adding a new section, to be known as Section 1A, to read as follows:

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Section 1A. Any volunteer fire department which fails to hold at least eight (8) hours of drills and meetings per month for three (3) months in any calendar year shall not be classified as a volunteer fire department which meets the conditions set out in Paragraph (2) of Section 1 for such calendar year, and the members of such department shall not be entitled to receive credit for service during such calendar year, but such members shall be entitled to a refund of ninety-five percent (95%) of the dues paid during such period. Volunteer fire departments. Any member who fails to meet the attendance requirements relative to drills, meetings and fires in Paragraph (2) of Section 1 for the calendar year shall not be granted credit for such year's service, and in the event he has paid any dues into the fund therefor, he shall be entitled to a refund of ninety-five percent (95%) thereof. Any refunds granted under this section, or any other provision of this Act, shall be without interest. Section 3. Said Act is further amended by striking from Section 3 the words and figure five thousand dollars ($5,000.00), and inserting in lieu thereof the words and figure seven thousand five hundred dollars ($7,500.00), so that when so amended, Section 3 shall read as follows: 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 seven thousand five hundred dollars ($7,500.00) annually. He shall be bonded in such amount as may be determined by the board as sufficient. Secretary-Treasurer. Section 4. Said Act is further amended by striking the last sentence of Section 5, which reads as follows: 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 receive no

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pension until reinstated by payment of the amount due, plus interest upon said amount at the rate of six percent (6%) per annum. and inserting in lieu thereof the following: Any member who becomes six (6) months behind in making said payment shall be removed from membership in the fund, and shall never be entitled to receive any pension or benefits whatsoever under this Act. so that when so amended, Section 5 shall read as follows: 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. Any member who becomes six (6) months behind in making said payment shall be removed from membership in the fund, and shall never be entitled to receive any pension or benefits whatsoever under this Act. Application for membership. Section 5. Said Act is further amended by adding a new section, to be known as Section 5A, to read as follows: Section 5A. Any member of the fund who leaves his work as a fireman or volunteer fireman, and who, at such time, is in good standing with the fund, and who elects to leave in the fund dues which he has theretofore paid, shall be entitled to receive credit for those years of eligible service which he had at the time he left such work, if he later returns to work as a fireman or volunteer fireman and begins paying dues to the fund. Withdrawals and reinstatements. Any member who withdraws the money which he has paid into the fund while still a fireman or volunteer

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fireman shall be allowed six (6) months in which to make proper application to the board for reinstatement of membership in the fund, and he must pay to the secretary-treasurer all the money so withdrawn, with interest at the rate of six percent (6%) per annum from the date of such withdrawal, plus the dues which he would have been required to pay had he remained a member of the fund from the date of the withdrawal to the date of his reinstatement, with interest thereon at the rate of six percent (6%) per annum. Any member who withdraws the amount which he has paid while serving as a fireman or volunteer fireman, and who fails to meet the requirements of reinstatement provided in this paragraph, shall forfeit all rights to receive credit for previous years service in the event he shall at some future date be entitled to membership in the fund. In the event a member leaves his work as a fireman or volunteer fireman and withdraws the money which he has paid into the fund, and in the future once again becomes a fireman or volunteer fireman, he shall be eligible to once again become a member of the fund and receive credit for previous years' service if he pays to the secretary-treasurer all the money withdrawn, with interest thereon at the rate of six percent (6%) per annum. If he fails to pay such amount with interest, he shall be considered as a new member. Any fireman or volunteer fireman who shall be granted a bona fide leave of absence for any reason shall not be entitled to receive credit for the time spent on such leave of absence, and upon his return to active service as a fireman or volunteer fireman, he shall be allowed to continue making payments to the fund. Section 6. Said Act is further amended by adding a new section, to be known as Section 11A, to read as follows:

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Section 11A. In the event any member of the fund who is in good standing, and who has not commenced receiving any benefits under this Act, shall die, such member's designated beneficiary shall be entitled to be paid ninety-five percent (95%) of the total amount of money paid into the fund by such deceased member, upon making proper application for such payment to the secretary-treasurer, which application shall be accompanied by a certified copy of the death certificate and such other and further material as required by the board. Beneficiaries. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. LICENSING OF DENTISTS OF OTHER STATES. Code 84-710 Amended. No. 235 (Senate Bill No. 161). An Act to amend Section 84-710 of the Code, relating to the licensing of certain dentists of other States without examination, as amended, by an Act approved February 25, 1949 (Ga. L. 1949, p. 1367), so as to provide for the licensing without examination of dentists for the sole purpose of practicing public health dentistry; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 84-710 of the Code, relating to the licensing of certain dentists of other States without examination, as amended, by an Act approved February 25, 1949 (Ga. L. 1949, p. 1367), is hereby amended by striking said section in its entirety and inserting in lieu thereof, a new Section 84-710 to read as follows:

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Section 84-710. License of dentists of other States without examination. Said board may, without examination issue a teacher's license to dentists holding a dental license from another State for the sole purpose of teaching or demonstrating dentistry in a regularly licensed dental college or clinic in this State. Said board may issue without examination a license to dentists for the sole purpose of practicing public health dentistry in official State or local health department or to render dental services to patients in State operated eleemosynary institutions providing these dentists possess a license in another State and have graduated from an accredited school of dentistry. The cost of said teacher's or public health dentist's license to be $25. Said board may, also, in its discretion, enter into an agreement with any similar board of any other State to the effect that the parties to such agreement, under the conditions therein stipulated, will grant licenses to practicing dentists on the faith of a license granted by either party to said agreement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. VOCATIONAL REHABILITATION ACT AMENDED. No. 237 (House Bill No. 127). An Act to amend an Act approved February 21, 1951 (Ga. L. 1951, pp. 516 et seq.) and known as the Vocational Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Education, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Vocational Rehabilitation Act approved February 21, 1951 (Ga. L. 1951, pp. 516 et seq.)

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is hereby amended by adding a new section known as section 25, which shall read as follows: Section 25. SubrogationWhere a disabled individual who received vocational rehabilitation services is entitled to recover damages against any person or corporation liable to said disabled individual for the injury causing such disability, the State Board of Vocational Education shall be subrogated to the rights of such disabled individual to recover to the extent of the cost of vocational rehabilitation services rendered by the State Board of Vocational Education. Where the disabled indivdual receives vocational rehabilitation services without disclosing that he has already recovered damages by way of settlement or other payment, he shall be liable therefor to the State Board of Vocational Education in an amount not to exceed the cost of rehabilitation services rendered, or the damages recovered, whichever is the lesser. Subrogation. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. HABEAS CORPUSRETURN DAY. Code 50-107 Amended. No. 239 (House Bill No.206). An Act to amend Code Section 50-107, relating to the return day of the writ of habeas corpus, so as to change the return day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 50-107 relating to the return

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day of the writ of habeas corpus is hereby amended by striking said section and inserting in lieu thereof the following: 50-107. The return day of the writ in civil cases shall always be within twenty (20) days after the presentation of the petition therefor, and the return day of the writ in criminal cases shall always be within eight (8) days after the presentation of the petition therefor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. STATE OFFICIALSSALARIES. No.240 (House Bill No.485). An Act to amend an Act providing a uniform method of fixing, limiting and restricting the salary, allowances and travel expense of certain State officials, approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended by an Act approved February 28, 1955 (Ga. L. 1955, p. 267), so as to remove the Commissioner of Agriculture from the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a uniform method of fixing, limiting and restricting the salary, allowances and travel expense of certain State officials, approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended by an Act approved February 28, 1955 (Ga. L. 1955, p. 267), is hereby amended by deleting therefrom wherever they appear the words, Commissioner of Agriculture. Commissioner of Agriculture.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. COMMISSIONER OF AGRICULTURESALARY. Code 5-105 Amended. No. 241 (House Bill No. 486). An Act to amend Code Section 5-105, relating to the salary of the Commissioner of Agriculture and his clerk, as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 673), so as to change the compensation of the Commissioner; to provide that the Commissioner shall fix the salary of his clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 5-105, relating to the salary of the Commissioner of Agriculture and his clerk, as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 673), is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 5-105. The salary of the Commissioner shall be at the rate of $7,500.00 per annum during the remaining time in the term of office of the incumbent and $12,000.00 per annum thereafter with an additional amount in each period of $800.00 annually for each four years of service with a State department financed by appropriations payable through the State treasury up to twenty years and an annual contingent expense allowance in the amount of $2,400.00 in lieu of any and all traveling expense and the expense of purchasing a personal automobile for official use, with the exception of actual transportation expense incurred while traveling by public carrier or

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the expense incurred at the legal mileage rate for the use of a personal automobile and an annual contingent fund allowance effective only for the period remaining in the present term of office of the incumbent in the amount of $4,500.00 in lieu of any other expense to be borne personally by the Commissioner of Agriculture in the performance of his duties. The Commissioner shall fix the compensation of his clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. FIRE LOOKOUT TOWER SITES. No. 243 (House Bill No. 147). An Act to amend an Act approved March 31, 1955 (Ga. L. 1955, p. 309) comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, by amending Section 18 thereof, relating to acquisition of land, so as to provide for the acquisition by the commission of gifts of small tracts of land not in excess of five (5) acres, to be used as forest fire lookout towers, and to provide for the reconveyance thereof by the Director of the Forestry Commission when such tower site ceases to be used and is abandoned; to authorize reconveyance of all tower sites previously acquired as gifts by the commission which have since been abandoned; to define the terms of such abandonment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 3, 1955 (Ga. L. 1955, p. 309), comprehensively revising and superseding the laws relating to the Georgia Forestry Commission,

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is hereby amended by designating the existing Section 18 thereof, relating to acquisition of land, as Section 18 (a), and by adding a new subsection to be known as (b) and to read as follows: (b) The Director is hereby authorized to acquire in the name of the State small tracts of land not in excess of five (5) acres, by deeds containing reversionary clauses, to be used as forest fire lookout tower sites, where the grantor makes a gift thereof to the State. Upon abandonment by the commission of such site after same is no longer of use to it, the Director is hereby authorized to reconvey title by quit-claim deed to the grantor, his successors or assigns, and said Director is hereby authorized to reconvey all tower sites subject to reversionary clauses acquired by the commission as gifts prior to passage of this Act, but in case of any abandonment or reconveyance under any provision of this paragraph, the commission shall have the unqualified right to remove any improvements or fixtures, either temporary or permanent, placed on such property, without regard to whether same would have, under general principles of law, become part of the reality, which right may be exercised any time before, or a reasonable time after, abandonment. Lookout tower sites. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 28, 1956. JOHNSON SUPERIOR COURTTERMS. No. 244 (House Bill No. 225). An Act to amend an Act creating the Dublin Judicial Circuit, approved August 18, 1911 (Ga. L. 1911, p. 81), as amended, particularly by an Act approved August 16, 1912 (Ga. L. 1912, p. 92), an Act approved

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August 6, 1913 (Ga. L. 1913, p. 65), and an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 222), so as to provide that there shall be four terms of the Superior Court of Johnson County, to convene on the third Monday in March, June, September and December in each year; to provide that no grand jury shall be convened for the June and December terms unless the judge shall deem a grand jury necessary; to repeal the provisions for a civil week and a criminal week; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Dublin Judicial Circuit, approved August 18, 1911 (Ga. L. 1911, p. 81), as amended, particularly by an Act approved August 16, 1912 (Ga. L. 1912, p. 92), an Act approved August 6, 1913 (Ga. L. 1913, p. 65), and an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 222), is hereby amended by striking from Section 6 the paragraph relating to the terms of Johnson Superior Court, and in lieu thereof inserting the following: JohnsonThird Monday in March, June, September and December of each year. No grand jury shall be convened for the June and December terms unless the judge shall deem a grand jury necessary. Terms. Section 2. An Act relating to the terms of the Johnson County Superior Court, approved August 16, 1912 (Ga. L. 1912, p. 92), is hereby repealed in its entirety. Act of 1912 repealed. Section 3. An Act relating to the terms of the Johnson County Superior Court, approved August 6, 1913 (Ga. L. 1913, p. 65), as amended by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 222), is hereby repealed in its entirety. Act of 1913, 1953, repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956.

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JUDGES OF SUPERIOR COURT EMERITUS. No. 245 (Senate Bill No. 54). An Act to amend an Act creating the office of Judge of the Superior Court Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946, (Ga. L. 1946, p. 228), an Act approved February 16, 1950, (Ga. L. 1950, p. 283), an Act approved February 17, 1950, (Ga. L. 1950, p. 341), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), so as to change the age and service qualifications; to define eligibility of superior court judges for appointment to the office of Judge of Superior Court Emeritus, and retirement benefits to be received thereunder; to repeal conflicting laws; and for other purposes. As amended by an Act approved December 11, 1953 (Ga. L. 1953, p. 108-114) November December session, and as amended by an act approved February 8, 1955, (Ga. L. 1955, p. 152-155), to add or membership in the General Assembly of Georgia to the service qualifications; 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 2 of said Act, as amended, approved February 8, 1955, is herewith amended by adding the following words, to wit: Or membership in the General Assembly of Georgia after the word Georgia in line six of said section, so that when said section is amended, it shall 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 the State, any service, as solicitor-general of a judicial circuit, as judge of, or solicitor of a city or county court of the State of Georgia, or membership in the General Assembly of Georgia, being allowable in computing such nineteen

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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. Provided further the General Assembly retirement service credit shall be only for the actual days such General Assembly was in session, and not for the entire term of office to which such person was elected. 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 3. Section 3 of said Act as amended, is amended by striking in its entirety, Paragraph a, of Section 11, and inserting in lieu thereof a new paragraph to read as follows: Sec. 3 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 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, or membership in the General Assembly 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

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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. Provided further the General Assembly retirement service credit shall be only for the actual days such General Assembly was in session, and not for the entire term of office to which such person was elected. Same. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. BURNING OF WOODS, MARSHES, ETC. No. 247 (House Bill No. 146). An Act to provide that before any person, firm, corporation or association shall burn any woods, lands, marshes or other inflammable or combustible materials, notice of the time and place must first be given to the county forest ranger or to any other employee or official of the county forestry unit serving such county; to provide that such notice need not be given in certain situations; to provide penalties for violation of this Act; to provide that this Act shall not become effective in any county until and unless recommended by two successive grand juries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person, firm, corporation or association otherwise lawfully entitled to burn any woods, lands marshes, or any other inflammable or combustible materials or vegetation, whether in cultivated or uncultivated areas, shall prior to such burning, give notice of the approximate time and location thereof to the county forest ranger of the county wherein such burning is to

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be made, or to any other employee or official of the county forestry unit serving such county. Such notice need not be given if, on a sudden emergency, due caution requires firing to render one's premises safe, but in any prosecution under this Act, such shall constitute an affirmative defense, the burden of proving which shall rest upon the person asserting it as a defense. The notice required by this Act shall be in addition to any other notice of burning now required or as may be hereafter required by law. Notice of intention to burn. Section 2. Failure to give such notice as required above shall be a misdemeanor and punished as provided by law. Section 3. The provisions of this Act shall become effective only in those counties in this State where so recommended by two successive grand juries, and upon such recommendation, this Act shall immediately become of force and effect in said county. County action. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. PURCHASES BY EMPLOYEES OF HOSPITALS AND OTHER INSTITUTIONS. No. 254 (Senate Bill No. 136). An Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Employees of hospitals, educational institutions,

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eleemosynary institutions, penal institutions and corrective institutions which are under the control and jurisdiction of a State department or the Board of Regents shall be entitled to obtain goods and services in the same manner and under the same procedure used at the present time in obtaining such goods and services through such hospitals and institutions, and any provisions of the laws of this State relating to purchasing contrary thereto shall not apply to such employees provided, however, that no employee shall be permitted to make any single purchase of goods or services in excess of $50.00, except medical and dental services only, and in no event shall any employee obtain goods or services for any person except for himself or members of his immediate family. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. REGISTRATION OF GUESTS AT TOURIST CAMPS. No. 255 (Senate Bill No. 104). An Act to repeal an Act approved March 6, 1941 entitled An Act to require registration of guests under their true names at tourist camps or like places by whatever name called; to provide for penalty for violation thereof; and for other purposes and for other purposes. Be it enacted by the General Assembly of Georgia, the Act approved March 6, 1941 (Ga. L. 1941, p. 489) entitled An Act to require registration of guests under their true names at tourist camps or like places by whatever name called; to provide for penalty for violation thereof; and for other purposes is hereby repealed.

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All laws and parts of laws in conflict herewith are hereby repealed, but the Act approved March 8, 1945 (Ga. L. 1945, p. 326) and particularly Sections 6 and 7 thereof, relating to the same subject matter, shall remain in full force and effect. Approved February 28, 1956. ROME JUDICIAL CIRCUITSOLICITOR-GENERAL AND ASSISTANT. No. 256 (House Bill No. 377). An Act to abolish the present mode of compensation accruing to the office of Solicitor-General of the Rome Judicial Circuit, other than the salary paid out of the treasury of the State, and of the Solicitor of the City Court of Floyd County, known as the fee system and to prescribe in lieu thereof a salary for such office; to authorize the Board of Commissioners of Roads and Revenue of Floyd County, Georgia, by resolution, to supplement out of county funds the salary of said solicitor-general paid out of the treasury of the State; to fix the amount of such supplementary salary, and provide for the time and method of payment thereof; to provide that all emoluments accruing to office of said solicitor-general, except said supplementary salary and salary paid out of the treasury of the State, and of the solicitor of the city court of said county, shall be the property of said county and to subrogate the county to all his rights, claims and liens therefor; to require said solicitor-general to undertake to collect the same; to provide that said solicitor-general shall receive and hold the same as county funds in trust for said county and shall pay the same into the treasury of such county periodically; to require said solicitor-general to furnish to the treasurer of said county periodic reports; to authorize said solicitor-general to appoint an assistant solicitor-general; to prescribe the

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qualifications of said assistant solicitor-general; to authorize said solicitor-general to employ a clerk-typist; to provide for the salaries of said assistant solicitor-general and clerk-typist, and the payment thereof, and the funds from which payable; to provide for the payment of the operating expenses of said office out of county funds; to require the solicitor-general to make periodic statements, and subject the books, papers and records of his office to inspection and audit by the county comptroller; to provide that if any provision of such Act is held to be unconstitutional, such provision alone shall be invalid and the other parts of such Act shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the effective date of such Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that, from and after the effective date of this Act: Section 1. The present mode of compensation accruing to the office of Solicitor-General of the Rome Judicial Circuit, other than the salary paid out of the treasury of the State, known as the fee system, is hereby abolished, and in lieu thereof a salary for such office is prescribed, as hereinafter provided. Section 2. The Board of Commissioners of Roads and Revenue of Floyd County, Georgia, is hereby authorized, by resolution, to supplement out of country funds the salary of said solicitor-general paid out of the treasury of the State. Section 3. The supplementary salary of said solicitor-general shall be the sum of ten thousand dollars ($10,000.00) per annum to be paid in twelve (12) equal monthly installments. Such salary shall be in full payment for all services of said solicitor-general, as such solicitor-general and as ex-officio solicitor of the City Court of Floyd County, Georgia, except those services

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paid for out of the treasury of the State. Expense allowances paid to the solicitor-general out of the treasury of the State shall not be considered an emolument of his office. Compensation of solicitor-general. Section 4. All fees, commissions, costs, funds, moneys and other emoluments accruing to the office of said solicitor-general, including those accruing from said city court, except said supplementary salary and the salary paid out of the treasury of the State, shall be and become the property of Floyd County, Georgia, and said county is hereby subrogated to all rights, claims and liens of said solicitor-general therefor. Fees, costs, etc. Section 5. Said solicitor-general shall diligently and faithfully undertake to collect all fees, commissions, costs, funds, moneys and other emoluments accruing to the office of solicitor-general and beloning to said county, and shall receive and hold the same in trust for said county as county funds, and shall pay the same into the treasury of said county on or before the 10th day of each month. At the time of each such monthly payment, said solicitor-general shall furnish to the treasurer of said county a detailed statement of all such funds received during the preceding month by said solicitor-general and paid into the treasury at such time. Section 6. Said solicitor-general is hereby authorized to appoint an assistant solicitor-general to serve at the pleasure of said solicitor-general, and to perform such duties as may be assigned by said solicitor-general. No person is eligible to such appointment who has not been a resident citizen of this State for three (3) years next preceding his appointment, and who does not permanently reside in said circuit at the time of his appointment, and who has not attained the age of twenty-five (25) years, and who has not been duly admitted and licensed to practice law in the superior courts for at least three (3) years. Assistant solicitor-general. Section 7. Said assistant solicitor-general shall be

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paid out of county funds a salary of five hundred dollars ($500.00) per month, payable monthly. Salary. Section 8. Said solicitor-general is hereby authorized to employ a clerk-typist to serve at the pleasure of said solicitor-general, and to perform such duties as may be assigned by said solicitor-general. Clerk-typist. Section 9. Said clerk-typist shall be paid out of county funds a monthly salary in such amount as may be determined from time to time by said solicitor-general, not to exceed the sum of three hundred dollars ($300.00) per month. Salary. Section 10. Said salaries shall be an expense of the courts of said county, and payable from any funds of the county available for such purpose. Section 11. The necessary operating expenses of the office of said solicitor-general, except to the extent paid as an allowance out of the treasury of the State, shall be an expense of the courts of said county, and payable from any funds of the county available for such purpose. Said solicitor-general shall furnish the Board of Roads and Revenue of Floyd County on or before the tenth day of each month an itemized statement of such expenses incurred in his office during the preceding month. The books, papers and records of said office shall be subject to inspection and audit by the comptroller of said county. Expenses of solicitor-generals' office. Section 12. If any provisions 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 remain in full force and effect. All laws and parts of laws in conflict herewith are hereby repealed. Section 13. The foregoing provisions of this Act shall become effective at the end of the term to which the incumbent solicitor-general was elected.

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Section 14. There is attached hereto and hereby made a part of this bill a copy of the notice of the intention to apply therefor, accompanied by an affidavit of the author of this bill to the effect that said notice has been published as provided by law. Notice of Intention to Ask Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session in January, 1956, for the enactment of a local bill to abolish the present mode of compensation accruing to the office of Solicitor-General of the Rome Judicial Circuirt, other than the salary paid out of the treasury of the State, and of the Solicitor of the City Court of Floyd County, known as the fee system and to prescribe in lieu thereof a salary for such office; to authorize the Board of Commissioners of Roads and Revenue of Floyd County, Georgia, by resolution, to supplement out of county funds the salary of said solicitor-general paid out of the treasury of the State; to fix the amount of such supplementary salary; and provide for the time and method of payment thereof; to provide that all emoluments accruing to office of said said solicitor-general, except said supplementary salary and salary paid out of the treasury of the State, and of the solicitor of the city court of said county, shall be the property of said county and to subrogate the county to all his rights, claims and liens therefor; to require said solicitor-general to undertake to collect the same; to provide that said solicitor-general shall receive and hold the same as county funds in trust for said county, and shall pay the same into the treasury of such county periodically; to require said solicitor-general to furnish to the treasurer of said county periodic reports; to authorize said solicitor-general to appoint an assistant solicitor-general; to prescribe the qualifications of said assistant solicitor-general; to authorize said solicitor-general to employ a clerk-typist; to provide for the salaries of said assistant solicitor-general and clerk-typist, and the payment thereof, and the funds from which payable; to provide for the payment of the operating expenses of said office out of county funds; to require the

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solicitor-general to make periodic statements, and subject the books, papers and records of his office to inspection and audit by the county comptroller; to provide that if any provision of such Act is held to be unconstitution, such provision alone shall be invalid and the other parts of such Acts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the effective date of such Act, and for other purposes. Board of Commissioners of Roads and Revenue, By C. G. Kirkland, Chairman. Dec. 23, 30; Jan. 6, 13. 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, and that the notice, copy of which is attached to and made a part of said bill, has been published in the newspaper in which 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 such bill into the General Assembly, as provided by law. /s/ J. Battle Hall. Sworn to and subscribed before me, this 30 day of January, 1956 /s/ Janette Hirsch Notary Public, State of Georgia (Seal). Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Approved February 28, 1956.

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INSURANCE COMPANIESGROSS PREMIUM TAX. No. 261 (House Bill No. 266). An Act to provide for the partial abatement of the gross premium tax levied against insurance companies doing business in Georgia, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That whenever any insurance company doing business in this State shall make it appear to the Insurance Commissioner, by evidence satisfactory to him, that one-fourth of its total assets, as of December 31st of any taxable year, exclusive of direct obligations of the United States, consists of or is invested in any or all of the following classes of property, to wit: (1) General obligations bonds of the State of Georgia or of any political subdivision of the State of Georgia; (2) revenue bonds or revenue anticipation certificates of any county, municipality or political subdivision of the State of Georgia; (3) revenue bonds or revenue anticipation certificates of any Authority or public corporation created by or pursuant to the laws of the State of Georgia; (4) real estate situated in and subject to taxation by the State of Georgia or its political subdivisions; (5) tangible personal property located in Georgia and subject to taxation by the State of Georgia or its political subdivisions; (6) loans secured by liens on real estate situated in the State of Georgia; (7) policy loans on insurance policies issued by any such company on lives of persons resident in Georgia; (8) intangible property having a taxable situs in this State; (9) shares in Georgia corporation in which such insurance companies are authorized to invest under the laws of the State of Georgia, then the gross premium tax levied by the Act known as the General Tax Act, approved March 28, 1935 (Ga. L. 1935, p. 11), as heretofore amended, shall be abated or reduced to one and one-quarter percentum upon the gross premium of any such company subject to taxation by said

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Act, as amended, and if the amount so invested by any such company shall be as much as three-fourths of its total assets, exclusive of direct obligations of the United States, then said premium tax shall be abated or reduced to one-half of one percentum upon the gross premiums of such company subject to taxation by said Act as amended. Partial abatement. Section 2. This Act shall be effective January 1, 1956, and shall apply to premium taxes due and payable thereafter on premiums collected subsequent to July 1, 1955. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. PIERCE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 63 (Senate Resolution No. 36). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Pierce County by districts; to provide that the board select the county school superintendent; to prescribe the procedure connected therewithin; to provide for the submission of this amendment for ratification or rejection; and for other purpose. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to the county boards of education, is hereby amended by adding at the end thereof the following: The Board of Education of Pierce County shall be

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composed of seven members, to be elected as hereinafter provided. For the purpose of electing such members, Pierce County is hereby divided into seven school districts. School District No. 1 shall be composed of Militia District No. 584, known as the Blackshear Militia District. School District No. 2 composed of Militia District No. 1181, known as the Patterson Militia District. School District No. 3 composed of Militia District No. 1330, known as the Sweat Militia District. School District No. 4 composed of Militia District No. 1250, known as the Mershon Militia District. School District No. 5 composed of Militia District No. 1609, known as the Walkerville Militia District. School District No. 6 composed of Militia District No. 1694, known as the Bristol Militia District. School District No. 7 composed of Militia District No. 1491, known as the Dowling Militia District. Each member of the board shall be elected only by the voters of the school district which such member is to represent. Any person offering as a candidate to represent a school district on the board must reside in the district from which he offers. No person shall be eligible for membership on the board unless he has resided in the school district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event this amendment is ratified, it shall be the duty of the Ordinary of Pierce County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election, and the ordinary shall set the date for such election for a day between the third and eighth days of December, inclusive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Pierce 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 Pierce County. The members elected at such election shall take office January

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1, 1957. The members elected from school districts Nos. 2, 3 and 7 shall serve for a term of two years and until their successors are elected and qualified. The members elected from school districts Nos. 1, 4, 5, and 6 shall serve for a term of four years and until their successors are elected and qualified. 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 same day as members of the General Assembly from Pierce County are elected, and the members elected shall take office on the first day of January immediately following their election. In case of a vacancy on the board for any cause other than expiration of a term of office, an election shall be held to elect a member from the school district in which such vacancy occurs to fill the unexpired term. Such election shall be held within thirty days after the vacancy occurs. The Board of Education of Pierce County provided for herein shall select by a majority vote the County School Superintendent of Pierce County, who shall serve at the pleasure of the board. No person shall be eligible to hold the office of county school superintendent unless he shall have had at least three years practical teaching experience, hold at least a firstgrade high school license, and in addition thereto shall have a masters degree from an accredited literary college or normal school. Such person must be of good moral character and must not have been convicted of any crime involving moral turpitude. The County School Superintendent of Pierce County, who is elected in 1956 and who shall take office in 1957 shall serve as county school superintendent until such time as the board shall choose to select a superintendent. The board may select a person who has been elected, or they may elect some other person. The Board of Education of Pierce 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 for herein and the county school superintendent as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and county school superintendents, respectively, unless such provisions are in conflict with the provisions of this amendment. The members of the county board of education shall annually elect one of their number as chairman of said board. Such chairman shall be elected at the first meeting of the board held in each year. The members of said board shall be compensated in the amount of $12.50 per diem for the days on which they are actually performing service as members of the board.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Constitution so as to provide for the election of members of the Pierce County Board of Education by districts, and for the selection of the Pierce County School Superintendent by the board. Against ratification of amendment to Constitution so as to provide for the election of members of the Pierce County Board of Education by districts, and for the selection of the Pierce County School Superintendent by the board.

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All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon. CLOUDLAND CANYON STATE PARKEXCHANGE OF LANDS. No. 65 (Senate Resolution No. 15). A Resolution. To authorize the exchange of properties or interest therein connection with the clearing of title property comprising Cloudland Canyon State Park, located in Dade and Walker Counties, Georgia; and for other purposes. Whereas, an examination of the title to property comprising Cloudland Canyon State Park in Dade and Walker Counties, Georgia, discloses defects therein; and Whereas, in some instances there may be settlements of claims adverse to the title of the State by the exchange of properties or interests therein; and Whereas, money may be saved by reason of such settlements and condemnation proceedings to clear the title would be unnecessary.

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Be it therefore resolved by the General Assembly of Georgia that the Governor be and he is authorized to effectuate such settlements as he deems advisable on a dollar per dollar value basis for the purpose of clearing the titles to property comprising Cloudland Canyon State Park and is further authorized to execute such instruments as may be necessary on behalf of the State for the purpose of effectuating such settlements. Approved February 28, 1956. FEDERAL AID FOR EDUCATION BILL. No. 67 (House Resolution No. 222) A Resolution. To urge the Georgia Congressional Delegation to oppose the passage of H. R. 7535, and for other purposes. Whereas, there is now pending in the Congress of the United States H. R. 7535, also know as the Federal Aid for Education Bill; and Whereas, there is no provision in the Constitution of the United States delegating the power to Congress or to any branch of the Federal Government to operate or support a public school system, this right and power being reserved and guaranteed to the several States to operate, support and maintain its public schools as each State shall so determine and decide; and Whereas, the passage of said Act would be construed as a confirmation of the infamous decision of the United States Supreme Court of May 17, 1954, and would tend to destroy the sovereign rights of the several States to operate their public school systems without untoward interference by the Federal Government; and

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Whereas, Congress has no constitutional authority, power or right to appropriate money to operate or support schools within the States, and no constitutional authority, right or power to use tax money to pay such an appropriation; and Whereas, said bill calls for an expenditure of two billion ($2,000,000,000.00) dollars which is not presently expended by our Federal Government, and to secure this money would necessitate either more taxes, no tax reductions, or a slower process of debt retirement, and Whereas, Congress could reduce taxes and release that amount for possible taxation by the several States, whereby the States could then finance their own school construction as is now being done in Georgia. Whereas, said bill is but another attempt of the Federal Government to encroach upon the rights of the several States and centralize all powers in the Federal Government. If our Republic is to survive, the sovereignty of the several States must be preserved as was laid down in our Constitution by the founding fathers of this great nation. Now, therefore, be it resolved by the General Assembly of Georgia, that the Georgia Congressional Delegation be urged by this body to vigorously oppose H. R. 7535, any companion bill, substitute or counter-part, thereof. Be it further resolved that the Clerk of the House of Representatives is hereby directed to transmit a copy of this resolution to each of the members of the Georgia Congressional Delegation. Approved February 28, 1956.

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AUTOMOTIVE TRAINING SCHOOL AT ATLANTA GENERAL DEPOT. No. 68 (House Resolution No. 217). A Resolution. Relative to the retention of the Automotive Training School at the Atlanta General Depot; and for other purposes. Whereas, there is a move underway to move the Automotive Training School from the Atlanta General Depot; and Whereas, it is felt that the transfer of such facilities should not be undertaken because of the cost of moving same and the personnel attached thereto; and Whereas, the maintenance of the Automotive Training School of the Atlanta General Depot is most important to the economic welfare of the area surrounding said depot; and Whereas, it is felt that a committee should be appointed to endeavor to retain said school at said depot. Now, therefore, be it resolved by the General Assembly of Georgia, that there is hereby created a joint committee to be composed of three (3) members of the House to be appointed by the Speaker and two (2) members of the Senate to be appointed by the President, to exercise any influence within their power to retain the Automotive Training School at the Atlanta General Depot. Be it further resolved that all departments of the State Government are authorized and directed to cooperate with said committee in every way possible to retain the said school at the Atlanta General Depot.

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Be it further resolved that a copy of this Resolution be transmitted by the Clerk of the House of Representatives to each member of the Georgia Delegation to the United States Congress. Approved February 28, 1956. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 178 (Senate Bill No. 48). An Act to amend an Act establishing a retirement system for certain teachers in the public and State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 114), so as to remove the provision in Subsection (4) of Section 5 relative to receiving the equivalent of a service retirement allowance if a member has 35 years of service; to change the date of the compensation of the accrued liability contribution rate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for certain teachers in the public and State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 114), is hereby amended by striking from the first paragraph of Subsection (4) of Section 5 the words or has 35 years of service, so that when so amended, the first paragraph of said Subsection (4) shall read as follows: Sec. 4 amended. (4) In accordance with Subsection (3) of this section, upon disability retirement, or death, a member shall receive the equivalent of a service retirement allowance if he has attained age sixty, otherwise he shall receive

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a disability allowance, or death allowance, which shall consist of: New Subsection 3. Section 2. Said Act is further amended by striking in its entirety Paragraph (c) of Subsection (3) of Section 3, and inserting in lieu thereof a new Paragraph (c), to read as follows: Sec. 3 amended. (c) Immediately following the actuarial valuation as of June 30, 1955, the percentage accrued liability contribution rate shall be computed as the rate per centum of the total earnable compensation of all members which is equivalent to four per centum of the total liability of the pension accumulation fund in excess of the funds in hand standing to the credit of the pension accumulation fund, which is not dischargeable by the normal contributions payable in respect of members on that date during the remainder of their active service. Thereafter, the amount of funds for the credit of each annual accrued liability contribution account shall be at least three per centum greater than the amount placed to the credit of the accrued liability contribution account in the previous year on the basis of the rate determined as of June 30, 1955, and in no event shall the accrued liability contribution in any year be less than the amount which, when combined with the normal contributions and the amount of funds in hand standing to the credit of the pension accumulation fund, will provide all payments and transfers from the pension accumulation fund as required by this Subsection (3) during the year then current. The accrued liability contribution shall be discontinued as soon as the amount of the funds standing to the credit of the pension accumulation fund equals the present value, as actuarially computed, and approved by the board of trustees, of the total liabilities of the pension accumulation fund less the present value of the normal contributions to be made at the normal contribution rate then in force in respect of all persons who are at that time members.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. NONRESIDENT REAL ESTATE BROKERS. Code 84-1422 Repealed. No. 262 (Senate Bill No. 135). An Act to repeal Section 84-1422 of the Code relative to nonresident real estate brokers and agents, and application for licenses as such; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 84-1422 of the Code of Georgia of 1933, which section reads as follows: A nonresident of this State may become a real estate broker or real estate salesman in any county in which the provisions of this Chapter are applicable by conforming to all of the provisions of this Chapter, except that such nonresident broker or salesman regularly engaged in the real estate business as a vocation, and who maintains a definite place of business in some other State, shall not be required to maintain a place of business within this State. The Georgia Real Estate Commission shall recognize in lieu of a recommendation and statements required to accompany an application for license the license issued to a nonresident broker or salesman by any other State and shall issue a license to such broker or salesman upon the payment of the license fee and upon the filing by the applicant with the commission through the Joint-Secretary, State Examining Boards, of a certified copy of the applicant's license issued by such other State. Every nonresident applicant shall file

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an irrevocable consent that suits and actions may be commenced against such applicant in the proper court in the county of this State in which a cause of action may arise, in which the plaintiff may reside, by service of any process or pleadings authorized by laws of this State on the commission, or a deputy to be designated by it, said consent stipulating and agreeing that said service of such process or pleading shall be begun and held in all courts to be as valid and binding as if due service had been made upon said applicant in this State. Said consent shall be duly acknowledged and if made by a corporation shall be authenticated by the seal of such corporation. In case any process or pleadings mentioned in this Chapter are served upon the commission or upon a deputy to be designated by it, duplicate copies shall be made, one of which shall be filed in the office of the Joint-Secretary, State Examining Boards, and the other immediately forwarded by registered mail to the main office of the applicant against which said process or pleadings are directed, and no default in said proceedings or action shall be taken unless it shall be made to appear by affidavit of a member of the commission, or a deputy designated by it, that a copy of the process or pleadings was mailed to defendant as herein required; and no judgment by default shall be taken in any such action or proceedings within 20 days after the date of the mailing of such process or pleadings to the nonresident defendant. is hereby repealed in its entirety. Code 84-1422 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1956.

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REAL ESTATE BROKERSLICENSES. Code 84-1401 Amended. No.263 (House Bill No. 205). An Act to amend Section 84-1401 of the Code, relating to the applicability of the real estate licensing law, as amended, so as to provide that such law shall be statewide in application; to provide that certain persons may obtain a license without examination when certain counties come under the jurisdiction of the Real Estate Commission; to provide an effective date; to provide that the provisions of this Act shall not apply to regular licensed practicing attorneys where the transaction involves the relation of attorney and client; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. Section 84-1401 of the Code, relating to the applicability of the real estate licensing law, as amended, is hereby amended by striking said section in its entirety, and inserting in lieu thereof a new Section 84-1401, to read as follows: 84-1401. It shall be unlawful for any person, firm, partnership, association, co-partnership or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity, either directly or indirectly, of a real estate broker or real estate salesman within any county in this State, without first obtaining a license under the provisions of this Chapter. Provided, however, that any person who has been actively engaged in the real estate business, either as broker or salesman, and who is actively engaged in such business on April 1, 1956, in the county in which he is a resident, if such county has not prior to such data been under the jurisdiction of the Real Estate Commission, and who makes application for a license on or before April 1, 1957, shall be entitled to a license either as broker or as salesman

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upon the payment of the free required by law for such license, and shall not be required to stand the examination for such license. Licenses. Section 2. This Act shall become effective April 1, 1956. Section 2A. The provisions of this Act shall not apply to regular licensed practicing attorneys where the transaction involves the relation of attorney and client. Attorneys. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1956. DIVORCE. Code 30-101 Amended. No. 288 (House Bill No. 449). An Act to amend Code Section 30-101, relating to the granting of divorces, as amended by an Act approved January 28, 1946 (Ga. L. 1946, p. 90), so as to delete the provision that provides that a decree granting a total divorce shall not become final until the expiration of a period of 30 days from the granting of same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 30-101, relating to the granting of divorces, as amended by an Act approved January 28, 1946 (Ga. L. 1946, p. 90), is hereby amended by striking said section and in lieu thereof inserting the following: 30-101. Total divorces in proper cases may be

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granted by the superior court. Unless an issuable defense is filed, or a jury trial demanded in writing by either party on or before the call of the case for trial, the judge shall hear and determine all issues of law and fact in all petitions for divorce and permanent alimony, and any other issues made in the pleadings. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1956. WARM AIR HEATING EQUIPMENT ACT AMENDED. No. 293 (House Bill No. 507). An Act to amend an Act providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 325), so as to provide that the provisions of the Act shall apply to certain counties in this State; 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 providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 325), is hereby amended by adding in Section 1 after the words U. S. census of 1940, the words and in all counties in this State having a population of not more than 36,500 nor less than 34,500 according to the 1950 U. S. census, so that Section 1 as so amended shall read: Counties in which applicable. Section 1. That a State Board of Examiners of Warm Air Heating Contractors is hereby created to determine

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the fitness of warm air heating contractors to engage in said vocation in all counties in this State having a population of 85,000 inhabitants or more by the U. S. census of 1940 and in all counties in this State having a population of not more than 36,500 nor less than 34,500 according to the 1950 U. S. census, or any future U. S. census, in order to safe-guard home and other property owners and tenants against faulty, inadequate, inefficient or unsafe warm air heating installations and to protect the life, health and property of said owners and tenants in said counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1956. MUSCOGEE COUNTYLICENSES AND OCCUPATIONAL TAXES. Proposed Amendment to the Constitution. No. 71 (House Resolution No. 123-348a). A Resolution. Proposing to the qualified voters of Muscogee County, Georgia, an amendment to Article VII, Section IV, Paragraph I (Code 2-5701) of the Constitution of the State of Georgia, to empower the Board of Commissioners of Roads and Revenues of Muscogee County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business, including the operation of taxicabs, in Muscogee County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power

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to the board of commissioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Muscogee County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but that the General Assembly may at any time modify, alter, restrict and limit the powers herein granted, and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I (Code 2-5701) of the Constitution of the State of Georgia be amended by adding thereto the following new paragraph, to wit: The Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, shall have the right and power, for regulatory and revenue purposes to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, including the operation of taxicabs, in any area of Muscogee County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the board of commissioners shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for the public welfare, health and security of the people of Muscogee County, the board of commissioners of roads and revenues shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public

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Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the board of commissioners of roads and revenues shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted, but the General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time prescribe the manner and means by which the powers may be exercised by said board of commissioners. 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 have written or printed thereon the following: For ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Muscogee County to assess and collect license fees and occupational taxes upon businesses in Muscogee County outside the incorporated limits of municipalities

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and to regulate same. Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Muscogee County to assess and collect license fees and occupational taxes upon business in Muscogee County outside the incorporated limits of municipalities and to regulate same. 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 part of Article VII, Section IV, Paragraph I 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. DUDLEYPROMOTION OF INDUSTRIES. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 195-531n). A Resolution. Proposing an amendment to the Constitution, so as to authorize the Town of Dudley, in Laurens 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 Town

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of Dudley, and authorizing the governing authority of such city to select a board of citizens from the town to render 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 Town of Dudley, in Laurens County, is authorized to levy a tax not to exceed one mill, in addition to all other taxes, on all taxable property in the town, for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the Town of Dudley. The governing authority of said town is hereby authorized to select a board of citizens of the town 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 the Constitution, so as to authorize the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating

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a fund to be used in assisting, promoting and encouraging the location of new industries in said town. Against ratification of amendment to the Constitution, so as to authorize the Town of Dudley 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 town. 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. CONVEYANCE OF LAND IN CAMDEN COUNTY AUTHORIZED. No. 74 (House Resolution No. 182-481f). A Resolution. Authorizing the conveyance of certain property in Camden County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal; and for other purposes. Whereas, the United States is constructing a military project in Camden County known as the King's Bay Ammunition Loading Terminal; and

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Whereas, the State of Georgia owns certain property in Camden County which is needed for said project; and Whereas, it is necessary that such property be declared surplus in order that the Governor might convey it to the United States; and Whereas, said property is described as follows: All that tract or parcel of marsh land lying and being within the 29th G. M. District, Camden County, Georgia, bounded on the north by other unknown marshland, on the east by Kings Bay, and on the west by Cut-off Creek, and being more particularly described as follows: Beginning at the most southerly point of the herein described tract, said point being at the junction of the easterly low-water line of Cut-off Creek and the westerly low-water line of Kings Bay; thence from the point of beginning along the meanders of the easterly low-water line of Cut-off Creek in a northerly direction approximately 2,800 feet to a point; thence crossing the marsh land S 79 E, 1,380 feet to a point on the low-water line of Kings Bay; thence along the meanders of the low-water line of Kings Bay approximately 2,700 feet to the point of beginning, and containing 38.04 acres, more or less. Now, therefore, be it resolved by the General Assembly of Georgia, that the property described hereinbefore is hereby declared surplus and the Governor is hereby authorized to execute the necessary instruments for the purpose of conveying said property to the United States. Such property shall be conveyed subject to existing easements for public roads and highways, railroads, transmission lines, pipe lines and other utilities as now located on, under, over and across said property. Approved March 6, 1956.

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LAND CONVEYANCE AUTHORIZED. No. 78 (House Resolution No. 181-481e). A Resolution. Authorizing the Governor to deed certain islands to the United States; and for other purposes. Whereas, the United States is in the process of constructing the Hartwell Dam and Reservoir Project on the Savannah River; and Whereas, as a result thereof, numerous small islands in the Savannah and Tugaloo Rivers will be inundated by the backwaters created by the Hartwell Dam; and Whereas, such islands are of no value to the State of Georgia, but it is necessary that they be declared surplus and the Governor authorized to convey them to the United States; and Description. Whereas, such islands are designated as islands 1 through 25 on a map prepared by the Corp of Engineers, United States Army, approved by Albert D. Woodle, Jr., and dated November 15, 1955, which map is on file with the office of the Division Engineer, South Atlantic Division, and copy of which map is also on file in the office of the Secretary of State of Georgia; and Whereas, in the event it is determined that the title to any of said islands is not vested in the State of Georgia, the Governor shall have no right to attempt to convey any interest in such islands to the United States, Now, therefore, be it resolved by the General Assembly of Georgia, that any of the aforesaid islands, title to which still belongs to the State of Georgia, are hereby declared surplus to the State of Georgia and

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the Governor is hereby authorized and directed to execute in behalf of the State of Georgia, any and all necessary instruments so as to convey title thereto to the United States of America. Approved March 6, 1956. TRAFFIC COURTS IN CERTAIN COUNTIES. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 186-531a). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 1 of the Constitution of the State of Georgia of 1945. Be it resolved by the General Assembly of the State of Georgia as follows: Section 1. Upon the approval of this resolution, in the manner hereinafter provided, Article VI, Section I of the Constitution of the State of Georgia of 1945 shall be amended by adding thereto a new paragraph, which shall read as follows: Paragraph II. The General Assembly may, in its discretion, create a new court or system of courts in and for each city having a population of more than 300,000 according to the last or any future Federal decennial census, conferring upon such new court or system of courts jurisdiction to issue warrants, try cases and impose sentences thereon in all misdemeanor cases arising under any law of the State regulating the ownership or operation of motor vehicles within its territorial jurisdiction, together with provisions as to rules, organization and procedure in such courts and

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as to new trials and the correction of errors in and by such courts, and with such further provision for the correction of errors by the superior court or the Court of Appeals or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity in Paragraph I, Section IX of Article VI of the Constitution of 1945. The General Assembly is authorized to delegate to the governing authorities of any such municipality any and all powers necessary and appropriate for the establishment, operation and maintenance of such court. The Act of the General Assembly approved February 15, 1955, to create a system of traffic courts in certain cities as fully set forth in Georgia laws, 1955, pp. 2318-2325, is hereby ratified, validated and confirmed. Section 2. Be it further resolved that when this amendment shall have been agreed to by the requisite two-thirds of the members of each House of the General Assembly, with the ayes and nays entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on. All persons voting at said elections shall have written or printed on their ballots the words, For ratification of amendment to Article VI, Section I of the Constitution of Georgia of 1945, authorizing the General Assembly to create traffic courts in and for certain cities, and the words Against ratification of amendment to Article VI, Section I of the Constitution of Georgia of 1945, authorizing the General Assembly to create traffic courts in and for certain cities. Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, it shall become a part of Article VI, Section I, Paragraph II of the Constitution of Georgia of 1945.

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BROOKS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 201-531p). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Brooks County; to prescribe the procedure connected therewith; to provide for education districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resit resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to the county boards of education is hereby amended by adding at the end thereof the following: The Board of Education of Brooks County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing such members Brooks County is hereby divided into five (5) education districts. Education District No. 1 shall be composed of Militia District No. 790 (Tallokas), Militia District #1230 (Dry Lake), and Militia District #1712 (Williams). Education District No. 2 shall be composed of Militia District #659 (Nankin), Militia District #1412 (Hickory Head), and Militia District #1718 (Empress). Education District No. 3 shall be composed of Militia District #1492 (Dixie). Education District No. 4 shall be composed of Militia District #1571 (Barney). Education District No. 5 shall be composed of Militia District #660 (Morven), and Militia District #1650 (Briggs). Each member of the board shall be elected by the

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voters of Brooks County residing outside of any independent school system therein. 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 shall be eligible for membership on the board unless he has resided in the education district from which he offers as a candidate for at least one year immediately preceding the date of the election. If any member of the board shall change his residence from the education district that he represents he shall no longer represent that district and a successor shall be elected as provided herein. In case of a vacancy on the board for any cause other than expiration of the term of office, an election shall be held to elect a member from the education district in which such vacancy occurs to fill the unexpired term. Any such election shall be held within thirty (30) days after the vacancy occurs. In the event this amendment is ratified, it shall be the duty of the Ordinary of Brooks County to issue the call for an election, which call shall be issued at least sixty (60) days prior to the date of such election, and the ordinary shall set the date of such election for the same day as members of the General Assembly from Brooks County are elected in the year 1958. Such election shall be for the purpose of electing the members of the Board of Education of Brooks County from Education Districts Nos. 4 and 5, created under this amendment. Such members elected shall take office January 1, 1959. The Ordinary of Brooks County shall also issue the call for an election, which call shall be issued at least sixty (60) days prior to the date of such election. The ordinary shall set the date for such election for the same day that members of the General Assembly from Brooks County are elected in the year 1960. Such election shall be for the purpose of electing the members of the Board of Education of Brooks County from Education Districts Nos. 1, 2 and 3 created under this

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amendment. Such members shall take office January 1, 1961. It shall be the duty of the ordinary to publish the date of the elections provided for herein, and the purpose thereof at least once preceding the dates of such elections in the official organ of Brooks County. The members elected at such elections shall serve for a term of four (4) years and until their successors are elected and qualified. All future elections shall be held on the same day as members of the General Assembly from Brooks County are elected, and the members elected shall take office on the first day of January immediately following their election. The appointive members of the Brooks County Board of Education at the time of the ratification of this amendment that reside in Education Districts Nos. 4 and 5 created herein and whose terms expire in 1959 and 1960, respectively, or their successors in office, shall continue to serve until December 31, 1958. After the election provided for herein to be held in 1958, the grand jury shall appoint no members of the Brooks County Board of Education for Education Districts Nos. 4 and 5. The appointive members of the Brooks County Board of Education at the time of the ratification of this amendment, or their appointive successors that reside in Education Districts Nos. 1, 2 and 3, created herein, shall continue to serve until December 31, 1960. After the election provided for herein to be held in 1960, the grand jury shall appoint no members of the Brooks County Board of Education. It is the purpose of this paragraph to retain the appointive members of the Brooks County Board of Education, or their appointive successors in office, until the elections provided for herein are held and the elective members from the education districts created herein are elected and qualified. The board of education as provided for herein shall

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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. The members of the Brooks county Board of Education shall be compensated in the amount of fifteen ($15.00) dollars per month. In the event the independent school system now mainteained in the counry of Brooks in merged with the Brooks county school system, the General Assembly may change the education districts provided for herein and may change the board membership and the composition thereof. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Constitution for the election of the members of the Brooks County Board of Education and to provide for education districts within Brooks County. Against ratification of amendment to the Constitution for the election of the members of the Brooks County Board of Education and to provide for education districts within Brooks County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the

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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 issue his proclamation thereon. BRUNSWICK AND GLYNN COUNTY PORT FACILITIES. Proposed Amendment to the Constitution. No. 81 (House Resolution No. 175-477i). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating of municipal port and terminal facilities in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize the City of Brunswick to contract with Glynn County with respect to such facilities; to provide for the financing of such facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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The governing body of the City of Brunswick is hereby authorized to create indebtedness, and to issue revenue anticipation certificates and/or direct obligation bonds for the establishment, acquisition, construction, maintenance, improvement and operation of municipal port and terminal facilities, but the amount of such bonds outstanding at any one time shall not exceed $1,500,000 in addition to the limitation now imposed upon said municipality. The governing body of said municipality is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said city subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is hereby authorized to levy a tax, fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the establishment, acquisition, construction, equipping and, thereafter the operation, maintenance, and extension of such municipal port and terminal facilities, and is further authorized to acquire lands, rights-of-way, waterways, wharves, warehouses, watercrafts, and other equipment and appurtenances useful or convenient in connection therewith, and, in its discretion, to levy charges for the use of such facilities, and to contract with the governing body of the County of Glynn relative to the establishment, construction, maintenance, operation, financing, administration and use of such municipal port and terminal facilities, and such contract may include provisions relating to the joining of the aforesaid facilities to any such facilities now or hereafter

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created in or by the County of Glynn. 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 establishment and financing of municipal port and terminal facilities in the City of Brunswick and to prescribe the procedure connected therewith. Against ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in the City of Brunswick and to prescribe the procedure connected therewith. 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 issue his proclamation thereon.

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ALBANY AND DOUGHERTY COUNTY SEWAGE SYSTEM. Proposed Amendment to the Constitution. No. 83 (House Resolution No. 77-214b). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougherty County; to prescribe the procedure connected therewith; to authorize the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing body of the City of Albany is hereby authorized to create indebtedness, and to issue revenue anticipation certificates and/or direct obligation bonds for the construction, maintenance and operation of sanitary and storm sewers and of a sewerage disposal plant, but the amount of such bonds outstanding at any one time shall not exceed $2,500,000 in addition to the limitation now imposed upon said municipality. The governing body of said municipality is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, maturity dates,

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not to exceed 30 years from date of issue, the interest rates, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said city subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is hereby authorized to levy a tax, fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the acquisition; construction, equipping and, thereafter, the operation, maintenance, and extension of such sewage disposal plant and sewage system, and, in its discretion, to levy a sewer charge for the use of sewers, and to contract with the governing body of the County of Dougherty relative to the establishment, construction, maintenance, operation, financing, administration and use of such sewerage system and sewerage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relative to the joining of the aforesaid system to any system now or hereafter created in or by the County of Dougherty. 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

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shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to provide for the financing and extension of the sewerage system in the City of Albany, and the erection and operation of a sewerage disposal plant, and to prescribe the procedure connected therewith. Against ratification of amendment to the Constitution so as to provide for the financing and extension of the sewerage system in the City of Albany, and the erection and operation of a sewerage disposal plant and to prescribe the procedure connected therewith. 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 issue his proclamation thereon. VIDALIA DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 84 (House Bill No. 166-477c). A Resolution. Proposing an amendment to the Constitution so as to create the Vidalia Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; 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 VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in the City of Vidalia in Toombs County to be known as the Vidalia Development Authority, which shall be an instrumentality of the City of Vidalia and a public corporation and which in this amendment is hereafter referred to as the `Authority'; B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be appointed by the Mayor and Council of the City of Vidalia. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the mayor and council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be mayor nor a member of the council of the City of Vidalia, but there shall be no other disqualification to hold public office by reason of membership in the Authority; C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Vidalia; The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in

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the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority. D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the City of Vidalia and also without the City of Vidalia, but not beyond the limits of Toombs County; (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within the City of Vidalia or at any place within Toombs County sufficiently close to the City of Vidalia to be of benefit to the people of the city in the judgment of the Authority. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (5) To contract with the City of Vidalia and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name; (6) To have and exercise usual powers of private

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corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Vidalia and in Toombs County, and to make long-range plans therefor; (8) To exercise such other powers and duties as may be delegated to it by the Mayor and Council of the City of Vidalia; (9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (10) To designate officers to sign and act for the Authority generally or in any specific matter; (11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the City of Vidalia, the State of Georgia, nor Toombs County; F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence

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as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the Mayor and Council of the City of Vidalia but such compensation shall be paid from funds of the Authority; H. The City of Vidalia is authorized to levy an annual tax, not to exceed one mill, on all taxable property within the city for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of Vidalia to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law; I. The City of Vidalia is also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as its governing authority and shall see fit but not exceeding ten percent of its total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law; J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

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K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Vidalia and its citizens, industry, agriculture, trade, commerce and recreation within the City of Vidalia and in Toombs County, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of Vidalia for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation; M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Vidalia with power to extend its operations outside of the City of Vidalia but not beyond the limits of Toombs County as herein provided, and the scope of its operations shall be limited to the territory embraced within Toombs County and the City of Vidalia. The General Assembly shall not extend the jurisdiction of the Authority not the scope of its operations beyond the limits of the City of Vidalia and Toombs County; N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Vidalia, State of Georgia, nor Toombs County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has

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been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Constitution so as to create the Vidalia Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. Against ratification of amendment to Constitution so as to create the Vidalia Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. 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 issue his proclamation thereon.

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WALTON COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 85 (House Resolution No. 105-300f). A Resolution. Proposing to the qualified voters of Walton County, exclusive of those residing within the corporate limits of Social Circle an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of education composed of not more than nine nor less than seven members; to provide for the selection of the said board; to provide for the terms of office of the members of the said board; to provide for the election and appointment of a county school superintendent by the Walton County Board of Education; 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. That Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof the following: (a) All of Walton County exclusive of that area lying within the corporate limits of the City of Social Circle shall compose one school district and shall be under the control and management of a Walton County Board of Education. The school district will be known as Walton County Schools. (b) 1. The Walton County Board of Education shall consist of not more than nine nor less than seven members.

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The board will be composed of seven members until such time as Social Circle may vote to come into the system. (The procedure to be followed by Social Circle is that prescribed under existing Georgia Law Code Sections 32-1201, 32-1202, and 32-1203). 2. Three members of the board shall reside within the corporate limits of the City of Monroe and will be appointed by the Mayor and Council of Monroe. 3. Four members of the board shall reside within the territorial limits of Walton County exclusive of the corporate limits of Monroe and the corporate limits of Social Circle and will be appointed by the Walton County grand jury. These members will reside in areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined. 4. At such time as Social Circle may vote to come into the system, the board will be composed of nine members as follows: (a) Three members from Monroe appointed by the Mayor and Council of Monroe. (b) Four members from the county appointed by the grand jury, one member each from areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined. (c) One member from Social Circle appointed by the Mayor and Council of Social Circle. (The member from area 4 could not come from within the corporate limits of Social Circle.) (d) One member from Loganville appointed by the Mayor and Council of Loganville. (The member from area 3 could not come from within the corporate limits of Loganville, under the nine-man board.) Areas Defined. Area #1. Composed of Blasingame Militia District,

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Good Hope (or Richardson) Militia District and that part of Mountain Militia District lying to the south of the Athens Highway (U. S. 78) from Monroe. Area #2. Composed of that part of Mountain Militia District north of the Athens Highway from Monroe, Tanners District, Booth District and that part of Vinegar Hill District east of Alcova River. Area #3. Composed of that part of Vinegar Hill Militia District west of the Alcova River, Brooks Militia District, Broken Arrow Militia District, and Buncombe Militia District. Area #4. Composed of Allen's Militia District, Whatley's Militia District and Social Circle Militia District. C. The members appointed to the first board shall be selected for the following terms: (a) One member from Monroe for a term of two years. (b) One member from Monroe for a term of three years. (c) One member from Monroe for a term of four years. (d) One member from Area 1 for a term of one year. (e) One member from Area 2 for a term of two years. (f) One member from Area 3 for a term of three years. (g) One member from Area 4 for a term of four years.

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At the expiration of the above terms their successors in office shall be appointed for a term of four years. At such time as Social Circle may vote to come into the system the member from within the corporate limits of the City of Social Circle and the member from within the corporate limits of the City of Loganville shall be appointed for a term to coincide with the term of the member from Area 1 above. The terms of office shall expire on December 31st and all new members appointed to the board shall take office on January 1st following the expiration date of the retiring member. This is not to be construed that a member is ineligible to succeed himself if reappointed to the board. (The county members will be appointed at the August term of the grand jury.) Should a vacancy occur on the said board by reason of death, resignation or otherwise the remaining members of the board shall elect a successor from the same district who shall hold office until the proper appointing authorities shall appoint a person to fill the unexpired term. D. The new Walton County Board of Education shall appoint not fewer than three nor more than five local school trustees for each school in the system. These trustees shall be appointed in such a manner that there will be at least one trustee residing in the attendance area of all schools existing in Walton County during the school year 1953-54. Ga. Code Section 32-1104 shall be followed in making these appointments. The trustees so appointed by the county board shall have such powers or duties as is prescribed under Ga. Code Section 32-1105. (a) The trustees representing each school in a given numbered area shall have the privilege of meeting in a joint meeting just prior to the August term of the

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grand jury at which the county board member from their area shall be appointed, and at this meeting, by majority vote of the trustees present they may recommend a person or persons to the grand jury for the consideration of the grand jury in nominating a person to be appointed to the board. (1) This meeting may be called by the chairman of any board of trustees. Written notice as to time and place of the meeting shall be given the chairman of each board in the given area at least one week prior to the time of the meeting. (2) Each trustee present shall have one vote, the votes to be counted together and the majority vote of the group shall determine the person or persons to be recommended to the grand jury. (3) The chairman of the trustee boards present shall constitute a committee to write a letter to the foreman of the grand jury advising him of the results of the meeting. They shall have no authority to present anything other than the recommendation adopted by majority vote of the combined boards. (4) This meeting and recommendation is not compulsory. If a meeting is held however, and recommendation made, it shall be compulsory that such recommendation be presented in the manner outlined above for consideration of the grand jury. E. All rights, powers and duties now exercised by the Monroe City Board of Education and the Walton County Board of Education shall be vested in the Walton County Board of Education. The members of the board shall receive such compensation as may be provided by law. Any contracts entered into by either board prior to January 1, 1956 will be honored by the new Walton County Board of Education.

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F. The effective date of this amendment will be determined by the passing of a resolution by the present Monroe City Board of Education and the present Walton County Board of Education approving the merger of the Monroe City School System and the Walton County School System into the Walton County Schools. G. From and after ratification of this amendment, and the passage of the resolution of approval by the Monroe Board of Education and the Walton County Board of Education, as above referred to, the voters of Walton County shall no longer elect a county school superintendent; provided, however, that the County School Superintendent of Walton County elected at the general election in November, 1956, shall serve out the expiration of his full four-year term and until his successor is duly appointed and qualified, and during such term shall serve as superintendent of the new Walton County School System created by merger of the Monroe City System and the existing Walton County System, provided, however, that the work and performance of duty of such superintendent must be acceptable to the new Walton County Board of Education. On expiration of the term of the county school superintendent the Walton County Board of Education shall by majority vote elect a school superintendent of the school district who shall serve at the pleasure of the board and the Walton County Board of Education shall fix the qualifications, duties, responsibilities, authorities and compensation of the Superintendent of the Walton County Schools, provided, however, that any person selected as County Superintendent of Walton County Schools shall hold all qualifications which are now or may be hereafter prescribed by law for county school superintendent except that any legal requirement as to local residence shall not be applicable. The General Assembly shall have the power to pass such local legislation as is necessary to implement this amendment to the Constitution provided this amendment

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is ratified by the qualified voters of Walton County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section V, 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 of the State. 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 that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district under the control of county board of education composed of not more than nine nor less than seven members. Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district under the control of county board of education composed of not more than nine nor less than seven members. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If a majority of the duly qualified registered voters

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residing in the existing county school system and voting in said election approve this amendment by a majority vote of those voting therein and if a majority of the duly qualified registered voters residing in the present Monroe City School System and voting in said election approve this amendment by a majority vote of those voting therein, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. STEWART COUNTYSCHOOLS. Proposed Amendment to the Constitution. No. 87 (House Resolution No. 117-428a). A Resolution. Proposing to the qualified voters an amendment to Article VIII of the Constitution, relating to education, as amended by a resolution found in Georgia Laws 1953, Nov.-Dec. Sess., pp. 224, et seq., so as to provide for the existence of schools in certain towns in Stewart County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII of the Constitution, relating to education, as amended by a resolution found in Georgia Laws 1953, Nov.-Dec. Sess., pp. 224, et seq., is further amended by adding at the end of the paragraph added by the aforesaid resolution of 1953, the following:

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Provided, however, that the Board of Education of Stewart County shall maintain schools for both colored and white pupils in the Towns of Omaha, Lumpkin, and Richland, located in Stewart County, Georgia, with facilities and school grades at least equal to the present existing schools in said towns. 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 Constitution, so as to provide the procedure for the consolidation of schools in Stewart County. Against ratification of amendment to Constitution so as to provide the procedure for the consolidation of schools in Stewart County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be

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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 to the Governor who shall, if such amendment be ratified, make proclamation thereof. BRUNSWICK AND GLYNN COUNTY SEWERAGE SYSTEM. Proposed Amendment to the Constitution. No. 88 (House Resolution No. 172-477i). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize the City of Brunswick to contract with Glynn County with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing body of the City of Brunswick is hereby authorized to create indebtedness, and to issue revenue anticipation certificates and/or direct obligation

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bonds for the construction, maintenance and operation of sanitary and storm sewers and of a sewerage disposal plant, but the amount of such bonds outstanding at any one time shall not exceed $1,500,000.00 in addition to the limitation now imposed upon said municipality. The governing body of said municipality is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuances and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said city subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is hereby authorized to levy a tax fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the acquisition, construction, equipping and, thereafter, the operation, maintenance, and extension of such sewage disposal plant and sewage system, and, in its discretion, to levy a sewer charge for the use of sewers, and to contract with the governing body of the County of Glynn relative to the establishment, construction, maintenance, operation, financing, administration and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relating to the joining of the aforesaid system to any system now or hereafter created in or by the County of Glynn. 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 the Constitution so as to provide for the establishment and financing of a sewerage system in the City of Brunswick and to prescribe the procedure connected therewith. Against ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in the City of Brunswick and to prescribe the procedure connected therewith. 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 issue his proclamation thereon.

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LOUISVILLEPROMOTION OF INDUSTRIES. Proposed Amendment to the Constitution. No. 89 (House Bill No. 129-348g). A Resolution. Proposing an amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Louisville, in Jefferson 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 Louisville, and authorizing the governing authority of such city to select a board of citizens from the city to render 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 Louisville, in Jefferson 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 Louisville. 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

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branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. 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 Louisville 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 of amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Louisville 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.

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THOMAS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 92 (House Bill No. 79-214d). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Thomas County by districts; to provide that the board select the county school superintendent; to prescribe 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 Thomas County shall be composed of seven members, to be elected as here-inafter provided. For the purpose of electing such members, Thomas County is hereby divided into six education districts. Education District No. 1 shall be composed of Militia District No. 637 (Thomasville) and Militia District No. 1282 (Metcalf). Education District No. 2 shall be composed of Militia District No. 754 (Boston) and Militia District No. 1683 (Barwick). Education District No. 3 shall be composed of Militia District No. 1212 (Coolidge) and Militia District No. 1614 (Merrillville). Education District No. 4 shall be composed of Militia District No. 1227 (Ochlocknee) and Militia District No. 1648 (Ellabelle). Education District No. 5 shall be composed of Militia District No. 763 (Ways) and Militia District No. 1583 (Pavo). Education District No. 6 shall be composed of Militia District No. 1508 (Meigs). The Board of Education

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shall be composed of one member from each of the education districts created herein and one member from the county at large. Each member of the board shall be elected by the voters of Thomas County. 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 Thomas 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 one year immediately preceding the date of the election. In the event this amendment is ratified, it shall be the duty of the Ordinary of Thomas County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election, and the ordinary shall set the date for such election for a day between the fifteenth and twentieth days of December, inclusive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Thomas 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 Thomas County. The members elected at such election shall take office January 1, 1957. The members elected from Education Districts No. 1, No. 2, No. 3, and from the county at large, shall serve for a term of two years and until their successors are elected and qualified. The members elected from Education Districts No. 4, No. 5 and No. 6 shall serve for a term of four years and until their successors are elected and qualified. All future members shall serve for a term of four years and until their successors are elected and qualified. All future

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elections shall be held on the same day as members of the General Assembly from Thomas County are elected, and the members elected shall take office on the first day of January immediately following their election. 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 Thomas County provided for herein shall select the County School Superintendent of Thomas County, who shall serve at the pleasure of the board. The County School Superintendent of Thomas County who is elected in 1956 and who shall take office January 1, 1957, shall serve as county school superintendent until such time as the board shall choose to select the superintendent. The board may select the person who has been elected, or they may select some other person. The Board of Education of Thomas 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 for herein and the county school superintendent as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and county school superintendents, respectively, 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

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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 Constitution so as to provide for the election of members of the Thomas County Board of Education by districts, and for the selection of the Thomas County School Superintendent by the board. Against ratification of amendment to Constitution so as to provide for the election of members of the Thomas County Board of Education by districts, and for the selection of the Thomas 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 election 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 issue his proclamation thereon.

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HALL COUNTY ROAD AND STREET IMPROVEMENTS. Proposed Amendment to the Constitution. No. 93 (House Bill No. 143-399g). A Resolution. To propose to the qualified voters of Hall County (under the provisions of Article XIII, Section I, Paragraph I, as amended) an amendment to Article VII, Section IV, Paragraph II, of the Constitution of the State of Georgia to provide that the General Assembly may grant to the governing authority of Hall County, Georgia, the right to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to provide for the issuance and enforcement of executions for the collection of such assessments, and for the creation of liens against the abutting property; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph II, of the Constitution of Georgia of 1945 be amended by adding thereto the following: The General Assembly may grant to the governing authority of Hall County, Georgia, in addition to powers already granted, the power to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting

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

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AUGUSTARICHMOND COUNTY BOARD OF TAX ASSESSORS. Proposed Amendment to the Constitution. No. 94 (House Resolution No. 118-319i). A Resolution. To propose to the qualified voters of the County of Richmond and the City of Augusta an amendment to the Constitution of the State of Georgia authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exercised by the said boards in the City Council of Augusta and Richmond County; to create, designate and give a name to the city-county board of tax assessors for the municipality of Augusta and the entire area of Richmond County; to vest in and confer upon such board of city-county tax assessors such authority that may be conferred upon tax assessors of municipalities, counties or both under existing laws; to abolish any and all offices now existing under any and all Acts and under the city charter of City Council of Augusta pertaining to the board of tax assessors for both real and personal property for the City Council of Augusta, and any and all offices now existing under any and all Acts relating to the Richmond County Board of Tax Assessors; to create a city-county board of tax assessors and new offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly appertaining to such offices in the City Council of Augusta and Richmond County so abolished; to provide a mode and method for the appointment of the members of the city-county board of tax assessors; to delegate to the governing authorities of the municipality of City Council of Augusta and the County of Richmond full power and authority to abolish the presently constituted board

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of tax assessors of the City Council of Augusta and the County of Richmond, and to create in lieu thereof new offices and a city-county board of tax assessors to be vested with all of the duties and powers of the offices and boards of tax assessors thus abolished; to provide for the employment of assistants to such board; to provide for the payment of compensation to the members of the city-county board of tax assessors; to provide that the General Assembly in exercising the powers herein conferred may include in the Act or law, or any amendment thereto, anyone or more of the powers of the provisions herein enumerated, and may exclude therefrom any one or more of the powers herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment or enactments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the City Council of Augusta and the County of Richmond; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia be amended by adding thereto a paragraph to read: The General Assembly shall have the power to consolidate and combine the county and city board of tax assessors for both real and personal property of the City Council of Augusta and County of Richmond, and all the governmental functions and powers now vested in and exercised by said board of tax assessors in the City Council of Augusta and County of Richmond; to create, designate and give a name to a city-county board of tax assessors for the municipality of the City Council of Augusta and the entire area of Richmond County; to vest and confer upon such city-county board of tax assessors such authority as may be conferred upon tax assessors of municipalities, counties,

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or both, under existing laws; to abolish any and all offices now existing under any and all Acts under the city charter of City Council of Augusta pertaining to the board of tax assessors for both real and personal property for the City Council of Augusta, and any and all offices now existing under any and all Acts relating to the Richmond County Board of Tax Assessors; to create a city-county board of tax assessors and offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly appertaining to such boards and offices; to provide a mode and method for the appointment of the members of the city-county board of tax assessors; to delegate to the governing authority of the municipality of City Council of Augusta and the County of Richmond full power and authority to abolish the presently constituted board of tax assessors of the City Council of Augusta and County of Richmond, and to create in lieu thereof new offices and a city-county board of tax assessors to be vested with all of the duties and powers of the offices and boards of tax assessors thus abolished; to provide for the employment of assistants to such board; to provide for the payment of compensation to the city-county board of tax assessors; to provide that the General Assembly in exercising the powers herein conferred may include in the Act or law, or any amendment thereto, any one or more of the powers or provisions herein enumerated and may exclude therefrom any one or more of the powers herein enumerated and in exercising the powers herein conferred, it shall not be necessary that the enactment or enactments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Richmond and the City Council of Augusta; and for other purposes. Section 2. Be it further enacted by the authorities aforesaid that when this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two houses, it shall be entered on their journals with the Ayes and Nays taken thereon, and shall

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be published in one or more newspapers in the County of Richmond for two months previous to the time of the holding the next general election, and shall be submitted to the people of Richmond County and the City Council of Augusta in the next general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballot: For ratification of the amendment to the Constitution to provide for the consolidation of the board of tax assessors for both real and personal property for the City Council of Augusta and County of Richmond, and all persons voting in said election against adopting the proposed amendment to the Constitution shall have written or printed on their ballot: Against the ratification of the amendment to the Constitution to provide for the consolidation of the board of tax assessors for both real and personal property for the City Council of Augusta and County of Richmond, and if a majority of the electors of the City Council of Augusta and Richmond County qualified to vote for the members of the General Assembly, voting thereon, shall vote for election thereof, when the returns thereof shall be computed as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted and make publication of the results of said election by one insertion in one of the daily newspapers of this State, declaring the amendment ratified. Section 3. Be it further enacted by the authorities aforesaid that all laws and parts of laws in conflict with the Act, be and the same is hereby repealed.

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DECATUR COUNTY PORT FACILITIES. No. 96 (House Resolution No. 188-531c). A Resolution. Authorizing the establishment and leasing of port facilities in Decatur County; and for other purposes. Whereas, the possibilities of developing an inland port in Decatur County have been thoroughly examined and it has conclusively shown that the development of a port at that location is highly desirable, and will be of great benefit to the people of Georgia; and Whereas, the City of Bainbridge, Georgia, will execute a deed to the State of Georgia to approximately 59 acres of land adjacent to the Flint River in Decatur County in order that a port be established. Now, therefore, be it resolved by the General Assembly of Georgia, that after the State of Georgia acquires the property as aforesaid, the Governor is hereby authorized to expend from any available funds the sum of $250,000 for the purpose of constructing the necessary buildings, terminals and other port facilities on such property, and is further authorized upon completion of such facilities to lease the same to the Georgia Ports Authority. Approved March 6, 1956. LAND CONVEYANCE AUTHORIZED. No. 97 (House Resolution No. 180-481d). A Resolution. Authorizing the conveyance of certain land in Pulaski County; and for other purposes.

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Whereas, the Town Creek Country Club, Inc. conveyed certain territory in Pulaski County to the State for the purpose of an armory being constructed thereon, and Whereas, at a later date, it was determined that an adjacent tract of land would be more suitable for such purpose, and such other tract of land was also conveyed by the Town Creek Country Club, Inc. to the State, and Whereas, the State now has no use for the tract originally granted, and such tract should be returned to the grantor, and Whereas, such property is described as follows: All that tract or parcel of land situate, lying and being in Lot #272 in the 12th Land District of Pulaski County, Georgia, and described in accordance with two certain plats of survey, each made by T. L. Ellis, Civil Engineer #628, dated October 8, 1954, and April 1, 1955, respectively, both of which are recorded in the deed records of Pulaski County, Georgia, to wit: commencing at the intersection of the west margin of U. S. Highway #341 with the north line of said Lot #272, and run thence south 57 east 25 feet to an iron stake for a point of beginning; thence run south 57 east 213 feet to a point on the west margin of said highway; thence run south 43 west 425 feet; thence north 57 west 213 feet to a point; thence north 43 east 425 feet to said point of beginning, and bounded as follows, to wit: North and west by other lands of Town Creek Country Club, south by lands of the State of Georgia, and east by said U. S. Highway #341. Description. Now, therefore, be it resolved by the General Assembly of Georgia, that the above described property is hereby declared surplus, and the Governor is hereby authorized and directed to execute the necessary instrument

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or instruments to convey said property to the Town Creek Country Club, Inc. Approved March 6, 1956. LAND EXCHANGE AUTHORIZED. No. 98 (House Resolution No. 178-481b). A Resolution. Providing for the exchange of certain lands in Pulaski County; and for other purposes. Whereas, the Pulaski Development Company, Inc., of Hawkinsville, Georgia, conveyed to the State of Georgia for use as an armory site a tract of land at Hawkinsville, Georgia, and Whereas, it has been determined that a small triangular portion of such tract is needed by such company for development of adjacent property, and said company is the owner of a further triangular tract adjacent to the land originally deeded to the State, and which it desires to deed to the State in exchange for the smaller triangular tract, and Whereas, that portion which the company proposes to exchange and deed to the State will be fully as suitable for the purposes of the State as that which the company desires to have returned, and Whereas, it is only just and proper that this exchange of property be made, and Whereas, the property now owned by the State, which should be deeded to the Pulaski Development Company, Inc., is described as follows: All that triangular shaped tract or parcel of land

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containing 0.69 acres, more or less, situate, lying and being in Hawkinsville, Pulaski County, Georgia, and more particularly described according to a plat thereof made by T. L. Ellis, Civil Engineer, on December 9, 1950, as recorded in Deed Book 13, page....., Pulaski County, Georgia, records, to wit: Beginning at the intersection of Sixth and Lovejoy Streets and running north 87 45 east 702 feet along the south side of Sixth Street to a point, for a point of commencement; thence from said point of commencement run north 87 45 east 228 feet along the south side of Sixth Street to a point; thence south 46 45 west 398 feet to a point; thence north 12 east 268 feet to the south side of Sixth Street and the point of commencement, bounded as follows: North by Sixth Street, west by other lands of the State of Georgia, and east by other lands of said Pulaski Development Company, Inc., and Description. Whereas, the property which the company would deed in exchange therefor to the State is described as follows: All that tract or parcel of land containing 0.73 acres, more or less, situate, lying and being in Hawkinsville, Pulaski County, Georgia, more particularly described according to a plat thereof made by T. L. Ellis, Civil Engineer, on December 9, 1950, as recorded in Deed Book 13, page....., Pulaski County, Georgia, records, to wit: beginning at the intersection of Sixth and Lovejoy Streets and running south 43 15 east 616 feet, more or less, to a point on the east side of Lovejoy Street for a point of commencement, and from said point of commencement run thence south 43 15 east along the east side of Lovejoy Street 208 feet to a point; thence north 12 east 378 feet to a point; thence south 46 west 308 feet to said point of beginning on the east side of Lovejoy Street, bounded on the southeast by other land of Pulaski Development Company, Inc., on the northeast by other lands of the State of Georgia, and west and southwest by Lovejoy Street. Description.

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Now, therefore, be it resolved by the General Assembly of Georgia, that the aforesaid property owned by the State is hereby declared surplus, and the Governor is hereby authorized and directed to execute the necessary instrument or instruments to convey said property to the Pulaski Development Company, Inc., of Hawkinsville, Georgia, in exchange for said company deeding to the State of Georgia the property owned by such company and described hereinbefore. Approved March 6, 1956. HALL COUNTYFIRE PROTECTION. Proposed Amendment to the Constitution. No. 100 (House Resolution No. 148-428b) 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 prevention districts in Hall County outside municipalities; 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 General Assembly of Georgia may grant to the governing authority of Hall County the authority to district areas outside of municipalities in said county for fire protection proposes and the authority to levy a tax upon the taxable property in each respective district to defray all costs of fire protection in each respective district.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall 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 grant authority to Commissioners of Roads and Revenues of Hall County to district areas outside municipal corporations for fire protection purposes and to levy a tax to defray the cost of fire protection. Against ratification of amendment to grant authority to the Commissioners of Roads and Revenues of Hall County to district areas outside municipal corporations for fire protection purposes and to levy a tax to defray the cost of fire protection. 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.

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STEWART COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 104 (House Bill No. 138-399b). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Stewart County by the people; to prescribe the procedure connected with the foregoing; 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: 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 Stewart County shall be composed of five members to be elected as here-inafter provided: The qualified voters of the Richland and Brooklyn voting precincts shall elect one member of said board; the qualified voters of the Trotman and the County Line voting precincts shall elect one member of said board; the qualified voters of the Midway, Florence and Omaha voting precincts shall elect one member of said board; the qualified voters of Union, Louvale and Green Hill voting precincts shall elect one member of said board; and the qualified voters of the Lumpkin voting precinct shall elect one member of said board. In order to be eligible for membership on the board, a person must be at least twenty-five years of age, must be a freeholder, must be qualified and registered to vote for members of the General Assembly, and must have lived in Stewart County for two years

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immediately preceding the time of the election, and must be at the time of the election a resident of the area from which he is elected. In the event this amendment is ratified, it shall be the duty of the Ordinary of Stewart 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 Stewart 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 Stewart County. All the members elected at such election shall take office January 1, 1957, and 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 to serve for the unexpired term, from the district vacated. The Board of Education of Stewart County in office at the time of the ratification of this amendment shall be abolished effective December 31, 1956, and the terms of all members of such board shall expire on such date. 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, 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

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of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, 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 Stewart 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 Stewart 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.

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COMPENSATION RESOLUTIONS PENDING. No. 105 (House Resolution No. 247). A Resolution. Relative to compensation resolutions; and for other purposes. Whereas, due to lack of time, many compensation resolutions which have been introduced at this session will not be acted upon, and Whereas, such resolutions will expire at the adjournment of this session, and Whereas, many of such resolutions will be introduced at the 1957 session of the General Assembly in the identical form, and it would be advisable that the Claims Advisory Board be authorized to look into such resolutions between the adjournment of this session and the 1957 session, Now, therefore, be it resolved by the General Assembly of Georgia, that the Claims Advisory Board, composed of the Secretary of State, the Chairman of the State Highway Board and the Director of the Department of Public Health, is hereby authorized to investigate and study all compensation resolutions which have been introduced and which have not been finally acted upon at this session of the General Assembly. Be it further resolved that a copy of this Resolution be transmitted to the Secretary of State. Approved March 6, 1956.

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ALBANYDOUGHERTY COUNTY SEWERAGE SYSTEM. Proposed Amendment to the Constitution. No. 109 (House Bill No. 84-214i). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougherty County; to prescribe the procedure connected therewith; to authorize Dougherty County to contract with the City of Albany with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to authorize the condemnation of property or the acquisition of rights-of-way by contract or purchase or by other means as now provided by law, in connection with said sewage system and sewage disposal plant; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following: The governing body of Dougherty County is hereby authorized to establish, construct, maintain, operate and administer a system of sewerage, including sanitary and storm sewers and a sewage disposal plant, in said county. In order to accomplish the foregoing, the governing authority is hereby authorized to assess the cost of sanitary sewers against the property owners

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served thereby, to acquire rights-of-way for such sewers by contract of purchase or by the power of eminent domain, and to create indebtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $2,500,000, in addition to the seven percent (7%) limitation now imposed by the Constitution. The governing body of said county is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the county and the approval of such issuance by a majority of the qualified voters of said county voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said county subject to taxation for bond purposes sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary, to assure the acquisition, construction, equipping, and, thereafter, operating, maintaining and extending such system, and, in their discretion, to levy a sewer charge for the use of sewers constructed hereunder for such purposes, and to contract with the governing authority of the City of Albany relative to the establishment, construction, maintenance, financing, administration, operation and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relative to the joining of the aforesaid system to any system now or hereafter created in or by the City of Albany. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has

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been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 establishment and financing of a sewerage system in Dougherty County and to prescribe the procedure connected therewith. Against ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in Dougherty County and to prescribe the procedure connected therewith. 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 issue his proclamation thereon.

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HARRELL HIGHWAY DESIGNATED. No. 110 (House Resolution No. 57-163f). A Resolution. To designate a portion of State Route #32 as the Harrell Highway; and for other purposes. Whereas, Honorable R. C. Harrell of Brantley County worked diligently to achieve the completion of State Route #32; and Whereas, it is the desire of this body to acknowledge the untiring efforts of Honorable R. C. Harrell; and Whereas, it is fitting and proper that a portion of State Route #32 be designated as the Harrell Highway: Now, therefore, be it resolved by the General Assembly of Georgia, that that portion of State Route #32 beginning at the west line of Brantley County to the terminal of State Route #32 in Glynn County be designated as the Harrell Highway. Be it further resolved, that the State Highway Department is hereby authorized and directed to so designate such highway by appropriate markers. Be it further resolved, that a copy of this Resolution be transmitted to the State Highway Department, the Georgia Historical Commission and to Honorable R. C. Harrell of Browntown, Georgia. Approved March 6, 1956.

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BRUNSWICK-GLYNN COUNTY SEWERAGE SYSTEM. Proposed Amendment to the Constitution. No. 111 (House Resolution No. 170-477g). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize Glynn County to contract with the City of Brunswick with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to authorize the condemnation of property or the acquisition of rights-of-way by contract or purchase or by other means as now provided by law; in connection with said sewage system and sewage disposal plant; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following: The governing body of Glynn County is hereby authorized to establish, construct, maintain, operate and administer a system of sewerage, including sanitary and storm sewers and a sewage disposal plant in said county. In order to accomplish the foregoing, the governing authority is hereby authorized to acquire rights-of-way for such sewers by contract of purchase

Page 472

or by the power of eminent domain, and to create indebtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $1,500,000, in addition to the seven percent (7%) limitation now imposed by the Constitution. The governing body of said county is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the county and the approval of such issuance by a majority of the qualified voters of said county voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all property in said county subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping, and, thereafter, operating, maintaining and extending such system, and, in their discretion, to levy a sewer charge for the use of sewers constructed hereunder for such purposes, and to contract with the governing authority of the City of Brunswick relative to the establishment, construction, maintenance, financing, administration, operation and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relative to the joining of the aforesaid system to any system now or hereafter created in or by the City of Brunswick. 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 the Constitution so as to provide for the establishment and financing of a sewerage system in Glynn County and to prescribe the procedure connected therewith. Against ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in Glynn County and to prescribe the procedure connected therewith. 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 an 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 issue his proclamation thereon.

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FLOYD COUNTYSTREET LIGHTS. Proposed Amendment to the Constitution. No. 115 (House Resolution No. 82-214g). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Revenues of Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I of the Constitution, relating to counties as corporate bodies, as amended by a resolution found in Georgia Laws 1945, page 110, which added provisions relative to the Commissioners of Roads and Revenues of Floyd County to establish and administer sewerage and water facilities for Floyd County, is hereby amended by striking that portion added by the aforesaid resolution of 1945, and inserting in lieu thereof the following: The Commissioners of Roads and Revenues of Floyd County shall have authority to establish and administer a system of street lights, sewerage and water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform. 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 Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Revenues of Floyd County. Against ratification of amendment to Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Revenues of Floyd County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon.

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BRUNSWICK AND GLYNN COUNTY PORT FACILITIES. Proposed Amendment to the Constitution. No. 117 (House Resolution No. 171-477h). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize Glynn County to contract with the City of Brunswick with respect to municipal port and terminal facilities; to provide for the financing of such facilities; to authorize the condemnation of property or the acquisition of rights-of-way by contract or purchase or by other means as now provided by law, in connection with said municipal port and terminal facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following: The governing body of Glynn County is hereby authorized to establish, acquire, construct, maintain, operate, improve, and administer municipal port and terminal facilities in said county. In order to accomplish the foregoing, the governing authority is hereby authorized to acquire lands, rights-of-way, waterways, wharves, warehouses and all other equipment and appurtenances useful or convenient in connection there-with by contract or purchase or by the power of eminent domain, and to create indebtedness, and to issue

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revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $1,500,000, in addition to the (7%) limitation now imposed by the Constitution. The governing body of said county is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the county and the approval of such issuance by a majority of the qualified voters of said county voting on such questions. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said county subject to taxation for bond purposes sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping, and, thereafter, operating, maintaining and extending municipal port and terminal facilities; to contract with the governing authority of the City of Brunswick relative to the establishment, construction, maintenance, financing, administration, operation and use of such municipal port and terminal facilities, and such contract may include provisions relative to the joint operation of the aforesaid municipal port and terminal facilities with any municipal port and terminal facilities now or hereafter created in or by the City of Brunswick. 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 establishment and financing of municipal port and terminal facilities in Glynn County and to prescribe the procedure connected therewith. Against ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in Glynn County and to prescribe the procedure connected therewith. 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 issue his proclamation thereon. COLONEL BENJAMIN HAWKINS BRIDGE DESIGNATED. No. 122 (House Resolution No. 206-587b). A Resolution. To designate a bridge which crosses the Flint River between Crawford and Taylor Counties, as the Colonel Benjamin Hawkins Bridge; and for other purposes.

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Whereas, Colonel Benjamin Hawkins was born in Butte, now Warren County, North Carolina, in August 15, 1754, being educated in the best schools of the county and a student at Princeton College at the time the Revolutionary War suspended classes at that institution; and Whereas, Colonel Hawkins in the course of his studies became very fluent in the French language which fact prompted General George Washington, the founder of our great country, to press Colonel Hawkins into the service of General Washington's official family to aid him in his conversation with French officers; and Whereas, Colonel Hawkins was one of the first trustees of the University of North Carolina and in 1780, Governor Samuel Johnson and Colonel Hawkins executed a deed of cession of Tennessee to the United States which was accepted by Congress; and Whereas, Colonel Hawkins was elected to three terms in Congress and to one term in the United States Senate; and Whereas, General George Washington appointed Colonel Hawkins as head of the agency of superintending all the Indians south of the Ohio River and in the course of his duties he built his headquarters at what is known as Fort Hawkins, located near the Indian Mounds in East Macon, Georgia; and Whereas, Colonel Hawkins moved to the east bank of Flint River in the center of the Creek Indian Territory known as the Old Indian Agency and the present new river bridge over the Flint River between Crawford and Taylor Counties is located in the center of said territory which was acquired by the State of Georgia from the United States in 1826 at the Indian Agency; and Whereas, Colonel Hawkins developed this territory

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for farming by his example and leadership in establishing a model farm for the area and this farm supplied the new territories of Alabama and Mississippi with food which was invaluable in the development of these States; and Whereas, Colonel Hawkins built a bridge across the Flint River which was used by many, many new settlers who helped establish and create the South; and Whereas, Colonel Hawkins died on June 6, 1816, and was buried near the east bank of the Flint River after passing through many scenes of a long, a laborious and active life, closing his career of usefulness to his fellowman with an honor and a reputation which deserves to be recorded for future example to the living: Now, therefore, be it resolved by the General Assembly of Georgia, that the bridge crossing the Flint River between Crawford and Taylor Counties, is hereby designated and named the Colonel Benjamin Hawkins Bridge and the State Highway Department officials or other State agencies are directed that on all maps and publications the said bridge shall be referred to and designated as the Colonel Benjamin Hawkins 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 6, 1956.

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PORT FACILITIES IN GLYNN COUNTY. No. 123 (House Resolution No. 189-531d). A Resolution. Authorizing the establishment and leasing of port facilities in Glynn County and for other purposes. Whereas, the possibilities of developing a seaport in Glynn County have been thoroughly examined and it has conclusively shown that the development of a seaport at that location is highly desirable, and will be a great benefit to the people of Georgia; and Whereas, the City of Brunswick, Georgia, or the Brunswick Port Authority, will execute a deed to the State of Georgia at a suitable site in Glynn County to be selected, in order to establish such seaport. Now therefore, be it resolved by the General Assembly of Georgia, that after the State of Georgia acquires the property as aforesaid, the Governor is hereby authorized to expend from any available funds the sum of $250,000 for the purpose of constructing the necessary buildings, terminals and other port facilities on such property, and is further authorized upon completion of such facilities to lease the same to the Brunswick Port Authority. Approved March 6, 1956. EMPLOYMENT SECURITY LAW AMENDED. Code Ch. 54-6 Amended. No. 301 (Senate Bill No. 78). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law

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(Ga. L. 1937, pp. 806 et seq.), as amended, (now Employment Security Law), by modifying and liberalizing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits; by providing for the duration of benefits under certain conditions; by providing for qualifying wages under certain conditions; by providing for the disqualification for weeks compensation is received under certain other laws; by providing for the non-charging of employer's experience-rating accounts with benefits paid under certain conditions; by providing for tax rate reductions by modifying and changing the ratio of reserves in the table for rate variations under the experience-rating provisions; by redefining the term average annual pay roll' for certain purposes; by increasing the minimum balance amount in the trust fund for experience-rating purposes; by providing for the exemption under the definition of wages of amounts paid by an employer into a fund and payment from a fund as supplementation of unemployment benefits; and for 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. L. 1937, pp. 806 et seq.), as amended, (now the Employment Security Law), be, and the same is hereby amended in the following respects, namely: Section 2. Section 3(b) of said Act, as amended, (Section 54-604, Ga. Ann. Code) is amended by striking therefrom the Benefit Tables therein and the effective date thereof, immediately following the first paragraph, and inserting in lieu thereof the following:

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Column A Column B Column C Column D Column E Column F Wages Paid in Highest Quarter of Base Period Weekly Benefit Amount Standard Duration Extended Duration Qualifying Wages in Base Period Maximum Total Benefit in Benefit Year Qualifying Wages in Base Period Maximum Total Benefit in Benefit Year $150.00 to 174.99 $7 $280.00 $140.00 $600.00 $154.00 175.00 to 199.99 8 320.00 160.00 700.00 176.00 200.00 to 224.99 9 360.00 180.00 800.00 198.00 225.00 to 249.99 10 400.00 200.00 900.00 220.00 250.00 to 274.99 11 440.00 220.00 1,000.00 242.00 275.00 to 299.99 12 480.00 240.00 1,100.00 264.00 300.00 to 324.99 13 520.00 260.00 1,200.00 286.00 325.00 to 349.99 14 560.00 280.00 1,300.00 308.00 350.00 to 374.99 15 600.00 300.00 1,400.00 330.00 375.00 to 399.99 16 640.00 320.00 1,500.00 352.00 400.00 to 424.99 17 680.00 340.00 1,600.00 374.00 425.00 to 449.99 18 720.00 360.00 1,700.00 396.00 450.00 to 474.99 19 760.00 380.00 1,800.00 418.00 475.00 to 499.99 20 800.00 400.00 1,900.00 440.00 500.00 to 524.99 21 850.00 420.00 2,000.00 462.00 525.00 to 549.99 22 902.00 440.00 2,100.00 484.00 550.00 to 574.99 23 954.00 460.00 2,200.00 506.00 575.00 to 599.99 24 1,008.00 480.00 2,300.00 528.00 600.00 to 624.99 25 1,062.00 500.00 2,400.00 550.00 625.00 to 649.99 26 1,118.00 520.00 2,500.00 572.00 650.00 to 674.99 27 1,174.00 540.00 2,600.00 594.00 675.00 to 699.99 28 1,232.00 560.00 2,700.00 616.00 700.00 to 724.99 29 1,290.00 580.00 2,800.00 638.00 725.00 and over 30 1,350.00 600.00 2,900.00 660.00 The foregoing benefit tables shall be effective with benefit years beginning April 1, 1956, and thereafter. so that said Section 3(b) of said Act (Section 54-604, Ga. Ann. Code), when so amended, shall read as follows: (b) Weekly Benefit Amount.An individual's weekly benefit amount shall be computed by the table appearing in this subsection, as follows: If the total insured wages paid an individual during his base period equals or exceeds the amount shown in Column C of the table on the same line in which appears in Column A the total insured wages paid such individual in that quarter of his base period in which such total wages were highest, his weekly benefit amount shall be the amount shown in Column B on that same line; Provided, however, if his

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total base period wages are less than the amount appearing in Column C on the line on which the highest quarter wages appear in Column A but such base period wages equal or exceed the amount shown in Column C on the first or second line immediately above, the individual's weekly benefit amount shall be the larger weekly benefit amount for which he has sufficient qualifying wages in the base period on such first or second line. Code 54-604 amended. Weekly benefit amount. Column A Column B Column C Column D Column E Column F Wages Paid in Highest Quarter of Base Period Weekly Benefit Amount Standard Duration Extended Duration Qualifying Wages in Base Period Maximum Total Benefit in Benefit Year Qualifying Wages in Base Period Maximum Total Benefit in Benefit Year $150.00 to 174.99 $7 $280.00 $140.00 $600.00 $154.00 175.00 to 199.99 8 320.00 160.00 700.00 176.00 200.00 to 224.99 9 360.0 180.00 800.00 198.00 225.00 to 249.99 10 400.00 200.00 900.00 220.00 250.00 to 274.99 11 440.00 220.00 1,000.00 242.00 275.00 to 299.99 12 480.00 240.00 1,100.00 264.00 300.00 to 324.99 13 520.00 260.00 1,200.00 286.00 325.00 to 349.99 14 560.00 280.00 1,300.00 308.00 350.00 to 374.99 15 600.00 300.00 1,400.00 330.00 375.00 to 399.99 16 640.00 320.00 1,500.00 352.00 400.00 to 424.99 17 680.00 340.00 1,600.00 374.00 425.00 to 449.99 18 720.00 360.00 1,700.00 396.00 450.00 to 474.99 19 760.00 380.00 1,800.00 418.00 475.00 to 499.99 20 800.00 400.00 1,900.00 440.00 500.00 to 524.99 21 850.00 420.00 2,000.00 462.00 525.00 to 549.99 22 902.00 440.00 2,100.00 484.00 550.00 to 574.99 23 954.00 460.00 2,200.00 506.00 575.00 to 599.99 24 1,008.00 480.00 2,300.00 528.00 600.00 to 624.99 25 1,062.00 500.00 2,400.00 550.00 625.00 to 649.99 26 1,118.00 520.00 2,500.00 572.00 650.00 to 674.99 27 1,174.00 540.00 2,600.00 594.00 675.00 to 699.99 28 1,232.00 560.00 2,700.00 616.00 700.00 to 724.99 29 1,290.00 580.00 2,800.00 638.00 725.00 and over 30 1,350.00 600.00 2,900.00 660.00 The foregoing benefit tables shall be effective with benefit years beginning April 1, 1956, and thereafter. Section 3. By striking from said Act of 1937, as amended, Subsection (d) of Section 3 (Section 54-606,

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Ga. Ann. Code), and inserting in lieu thereof, the following: 54-606 amended. (d) Duration of benefits.Any otherwise eligible individual shall be entitled during any benefit year to the amount appearing in Column D of the table in Section 3 (b) on the line on which, in Column B of that table, appears his weekly benefit amount; provided that if said individual has been paid during his base period insured wages which equal or exceed the amount shown in Column E of the table in Section 3 (b) on the line within which falls in Column A, his wages paid in the highest quarter of the base period, he shall then be entitled during the benefit year to the amount which appears in Column F of the table on said line in lieu of the amount which appears in Column D of said table. Duration of benefits. Section 4. Section 4 of said Act, as amended, (Section 54-609, Ga. Ann. Code), is amended by adding a new subsection immediately following Subsection (e) of said section, to be known as Subsection (f), to read as follows: 54-609 amended. (f) He has, since the effective date of his last established previous benefit year, performed services in bona fide employment and earned insured wages for such services equal to at least eight (8) times the weekly benefit amount of the new benefit year claim. Section 5. By striking from said Act of 1937, as amended, paragraph numbered (2) of Subsection (e) of Section 5, (Section 54-610 (e) (2), Ga. Ann. Code), and inserting in lieu thereof, the following: Code 54-610 amended. (2) Compensation for temporary partial or temporary total disability under the Workmen's Compensation Law of any State or under a similar law of the United States; so that said Subsection (e) when so amended, shall read as follows, namely: (e) For any week with respect to which he is receiving or has received remuneration in the form of

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(1) Wages in lieu of notice; (2) Compensation for temporary partial or temporary total disability under the Workmen's Compensation Law of any State or under a similar law of the United States. Section 6. Section 7 (c) (2) of said Act, as amended, (Section 54-622 (2), Ga. Ann. Code) is amended by striking therefrom the first and second provisos of the paragraph numbered (2) thereof, beginning immediately after the colon following the words against the accounts of his base-period employers and extending through the colon immediately following the words and notice of such separation was furnished pursuant to the regulations of the Commissioner of Labor, and by striking all of Subparagraphs (A) and (B) thereof, and inserting in lieu of the stricken language the following: Code 54-622 (2) amended. Provided, however, that when benefits are paid without disqualification to an individual who has failed to accept, while unemployed, an offer of reemployment with a base-period employer and notice of such offer was timely furnished pursuant to the regulations of the Commissioner of Labor, that employer's account shall not be charged with benefits paid for weeks subsequent to such failure, and which are based on wages earned prior to such failure, if the offered work was suitable in every respect save that of distance due to such individual's change of residence; and provided further that an employer's account shall not be charged with benefits paid an individual for weeks subsequent to a period of disqualification and which are based on wages earned prior to his separation from or failure to accept an offer of work with such employer under any of the following conditions, and notice of such separation or failure to accept an offer of work was timely furnished pursuant to the regulations of the Commissioner of Labor: (A) Leaving work voluntarily without good cause connected with the work, whether or not the postponement or charging of benefits has been waived; or for

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(B) Discharge or suspension from his work for failure to obey orders, rules or instructions or the wilful or negligent failure to discharge the duties for which he was employed; or for so that said Section 7 (c) (2) of said Act (Section 54-622 (2), Ga. Ann. Code), when so amended, shall read as follows, namely: (2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of his base-period employers: Provided, however, that when benefits are paid without disqualification to an individual who has failed to accept, while unemployed, an offer of reemployment with a base-period employer and notice of such offer was timely furnished pursuant to the regulations of the Commissioner of Labor, that employer's account shall not be charged with benefits paid for weeks subsequent to such failure, and which are based on wages earned prior to such failure, if the offered work was suitable in every respect save that of distance due to such individual's change of residence; and provided further that an employer's account shall not be charged with benefits paid an individual for weeks subsequent to a period of disqualification and which are based on wages earned prior to his separation from or failure to accept an offer of work with such employer under any of the following conditions, and notice of such separation or failure to accept an offer of work was timely furnished pursuant to the regulations of the Commissioner of Labor: Future rates based on benefit experience (A) Leaving work voluntarily without good cause connected with the work, whether or not the postponement or charging of benefits has been waived; or for (B) Discharge or suspension from his work for failure to obey orders, rules or instructions or the wilful or negligent failure to discharge the duties for which he was employed; or for (C) Failing without good cause to apply for suitable work, accept suitable work when offered, or return to his customary self-employment when directed to do so by the Commissioner of Labor.

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The amount of benefits so chargeable against each base-period employer's account shall be that proportion of the benefits paid to an individual which the base-period wages paid to the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers. Section 7. By striking from Section 7 (c) (6) (i) of said Act, as amended, (Section 54-622 (6) (i), Ga. Ann. Code), the lettered Subparagraphs (A) through (J), inclusive, of Paragraph (i) of Subsection (c) (6), and inserting in lieu thereof the following table of rate variations, effective July 1, 1956, namely: (A) 2.50 per centum if such excess equals or exceeds 2 but is less than 3 per centum of his average annual pay roll; (B) 2.25 per centum if such excess equals or exceeds 3 but is less than 3.5 per centum of his average annual pay roll; (C) 2.00 per centum if such excess equals or exceeds 3.5 but is less than 4.5 per centum of his average annual pay roll; (D) 1.75 per centum if such excess equals or exceeds 4.5 but is less than 5.5 per centum of his average annual pay roll; (E) 1.50 per centum if such excess equals or exceeds 5.5 but is less than 6.5 per centum of his average annual pay roll; (F) 1.25 per centum if such excess equals or exceeds 6.5 but is less than 7.5 per centum of his average annual pay roll; (G) 1.00 per centum if such excess equals or exceeds 7.5 but is less than 8.5 per centum of his average annual pay roll;

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(H) 0.75 per centum if such excess equals or exceeds 8.5 but is less than 9.5 per centum of his average annual pay roll; (I) 0.50 per centum if such excess equals or exceeds 9.5 but is less than 10.5 per centum of his average annual pay roll; (J) 0.25 per centum if such excess equals or exceeds 10.5 per centum of his average annual pay roll; Provided, however, that the above table of rate variations shall be made applicable by the Commissioner for the last two calendar quarters of 1956 by applying said rate variations to the computations used by the Commissioner in determining rates for each employer for the calendar year 1956. so that said Section 7 (c) (6) (i) of said Act, as amended, (Section 54-622 (6) (i), when so amended, shall read as follows: (i) If the total of all an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, exceeds the total benefits which were chargeable to his account and were paid on or before the last day of the month following the computation date with respect to weeks of unemployment beginning on or before such computation date, his contribution rate for the ensuing calendar year shall be: (A) 2.50 per centum if such excess equals or exceeds 2 but is less than 3 per centum of his average annual pay roll; (B) 2.25 per centum if such excess equals or exceeds 3 but is less than 3.5 per centum of his average annual pay roll; (C) 2.00 per centum if such excess equals or exceeds 3.5 but is less than 4.5 per centum of his average annual pay roll;

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(D) 1.75 per centum if such excess equals or exceeds 4.5 but is less than 5.5 per centum of his average annual pay roll; (E) 1.50 per centum if such excess equals or exceeds 5.5 but is less than 6.5 per centum of his average annual pay roll; Contribution rates. (F) 1.25 per centum if such excess equals or exceeds 6.5 but is less than 7.5 per centum of his average annual pay roll; (G) 1.00 per centum if such excess equals or exceeds 7.5 but is less than 8.5 per centum of his average annual pay roll; (H) 0.75 per centum if such excess equals or exceeds 8.5 but is less than 9.5 per centum of his average annual pay roll; (I) 0.50 per centum if such excess equals or exceeds 9.5 but is less than 10.5 per centum of his average annual pay roll; (J) 0.25 per centum if such excess equals or exceeds 10.5 per centum of his average annual pay roll; Provided, however, that the above table of rate variations shall be made applicable by the Commissioner for the last two calender quarters of 1956 by applying said rate variations to the computations used by the Commissioner in determining rates for each employer for the calendar year 1956. (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 him during each such calendar year which is in excess of 300 per centum of his total taxable pay roll 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

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pay roll during the calendar year ending December 31, 1950, and is not a successor to one who had such pay roll, 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. Section 8. By striking from said Act of 1937, as amended, from Subparagraph (i) of Paragraph (7) of Subsection (c) of Section 7, (Section 54-622 (7) (i), Ga. Anno. Code), immediately following the comma following the words but less than thirty-six-consecutive-calendar months ending on the computation date the remainder of that subparagraph and inserting in lieu thereof, the following: the term `average annual pay roll' means the total amount of wages for employment paid by him during the twelve-month period ending on the computation date; so that said Subparagraph (i) of Paragraph (7) of Subsection (c) of Section 7, (Section 54-622 (7) (i), Ga. Ann. Code), when so amended, shall read as follows, namely: (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 the total amount of wages for employement paid by him during the twelve-month period ending on the computation date; Average annual pay roll. Section 9. By striking from said Act of 1937, as amended, from Section 7 (c) (8), (Section 54-622 (8), Ga. Ann. Code), the words and the figures in parentheses

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two and one-half (2) and the words and figures in parentheses twelve and a half million dollars ($12,500,000) in the first sentence thereof, and inserting, in lieu thereof, respectively, the words and figures in parentheses three (3) and seventy-five million dollars ($75,000,000), so that said Section 7 (c) (8), when so amended, shall read as follows, namely: (8) If on the last day of any calendar quarter, the balance in the Unemployment Compensation Trust Fund is less than three (3) times the highest amount paid out in benefits in any one of the five preceding twelve-consecutive-calendar-month periods ending on said last day of such calendar quarter, or seventy-five million dollars ($75,000,000), whichever is the greater, the rate of contribution shall be 2.7 per centum for a twelve-month period effective on the first day of the second succeeding calendar quarter. Such twelve-month-period increase shall operate prospectively as and when in the future said conditions shall be found to exist. Section 10. Subsection 19 (n) of said Act (Subsection 54-657 (n), Ga. Ann. Code) is amended by inserting in paragraph numbered (2) thereof, immediately following the language (A) retirement, or and immediately preceding the language (B) sickness the following: (B) the supplementation after December 31, 1955, of unemployment benefits to an individual under the terms of a written agreement, contract, trust arrangement, or other instrument, provided such individual (i) having rights under this Act, meets all conditions of eligibility under this law and the regulations issued pursuant thereto, and (ii) has not the option to receive, in lieu of payment of supplemental unemployment benefits under such paln or system established by an employer, any payment from a fund established pursuant to such plan or system, or any part of such payment, or other consideration, and (iii) has not the right, under the provisions of the plan or system providing such supplemental unemployment benefits, to assign any such supplemental benefit or to receive a consideration in lieu of any such benefit upon his withdrawal from such plan or system or upon termination

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of such plan or system or upon termination of his employment with such employer, and provided further that such plan or system provides benefits which are only supplemental to benefits provided under a State Unemployment Compensation Law and that such plan or system does not replace or duplicate any State or Federal Unemployment Compensation Law but is only supplemental to such a law, and that under such plan or system the employer has not the right to recover any portion of funds creditable to the fund or to an individual for supplementation of unemployment benefits, or and by relettering the capital letters (B), (C), and (D) in said paragraph to read (C), (D), and (E), respectively, so that said paragraph numbered (2) of Subsection 19 (n), when so amended, shall read as follows, namely: (2) The amount of any payment to, or on behalf of, an employee under a plan or system established by an employer which makes provisions for his employees generally or for a class or classes of his employees (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment), on account of (A) retirement, or (B) the supplementation after December 31, 1955, of unemployment benefits to an individual under the terms of a written agreement, contract trust arrangement, or other instrument, provided such individual (i) having rights under this Act, meets all conditions of eligibility under this law and the regulations issued pursuant thereto, and (ii) has not the option to receive, in lieu of payment of supplemental unemployment benefits under such plan or system established by an employer, any payment from a fund established pursuant to such plan or system, or any part of such payment, or other consideration, and (iii) has not the right, under the provisions of the plan or system providing such supplemental unemployment benefits, to assign any such supplemental benefit or to receive a consideration in lieu of any such benefit upon his withdrawal from such plan or system or upon termination of such plan or system or upon termination of his employment

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with such employer, and provided further that such plan or system provides benefits which are only supplemental to benefits provided under a State Unemployment Compensation Law and that such plan or system does not replace or duplicate any State or Federal Unemployment Compensation Law but is only supplemental to such a law, and that under such plan or system the employer has not the right to recover any portion of funds creditable to the fund or to an individual for supplementation of unemployment benefits, or (C) sickness or accident disability, or (D) medical and hospitalization expenses in connection with sickness or accident disability, or (E) death, provided the employee (i) has not the option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premiums (or contributions to premiums) paid by his employer, and (ii) has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his employment with such employer; and Section 11. Except as otherwise provided in the context hereof, this Act shall be effective on the first day of the first calendar quarter immediately following its passage. Section 12. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1956.

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STATE PATROL DUTIES. No. 302 (Senate Bill No. 133) An Act to amend the Act creating a Department of Public Safety for Georgia approved March 19, 1937, by changing the duties of the Georgia State Patrol so that the patrol is required to devote its time mainly to patrolling the roads, controlling traffic, and related matters and not to aid local law enforcement in other matters unless specifically authorized and directed to do so by the Director of Public Safety; to repeal conflicting laws and parts of laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating a Department of Public Safety for Georgia approved March 19, 1937 (Ga. L. 1937, pp. 322-355), as amended by Georgia Laws 1943, pp. 196-204, and by Georgia Laws 1950, pp. 77-79, is hereby amended by striking the second and third paragraphs of Section 14, as amended, which deal with the duties of the State Patrol, and inserting in lieu of those paragraphs the following: They are empowered to act in cooperation with any other law enforcement agency of this State or of any city, county, or other division thereof, but shall not cooperate with local authorities in preventing the commission of criminal offenses, other than traffic violations on the roads and highways and related offenses, nor in detecting and apprehending, off of the roads and highways, those charged with other than traffic and related offenses against the criminal laws of this, or any other State, or the United States, without specific authority and direction of the Director of Public Safety. Duties of State Patrol. They shall not exercise any power of arrest except for offenses arising from violation of the traffic laws, or laws regulating the use, ownership, and control of motor vehicles, or for offenses committed upon the highways

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of the State. Provided that upon request of the governing authorities of any municipality, or of the sheriff of any county or of the judge of the superior court of any county of this State or the Governor of this State, the Director of Public Safety, in unusual circumstances, may, and in the case of an order from the Governor of Georgia shall, direct members of the Georgia State Patrol to render assistance in any other criminal case, or in the prevention of violations of law, or in detecting and apprehending those violating any criminal laws of this, or any other State, or the United States. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1956. STONE MOUNTAIN CIRCUIT JUDGES. No. 307 (House Bill No. 459). An Act to carry into effect Paragraph I, Section III, Article IV, of the Constitution of 1945 of this State, to add one additional judge of the superior Courts for the Stone Mountain Circuit, so as to increase the number of judges in said circuit to three; to regulate the manner in which the judges of the Stone Mountain Circuit shall dispose of the business thereof; to fix the time at which the term of said additional judge shall begin, and terminate; to provide for his election and compensation; to provide for courtroom and chamber space; to provide for employment of an additional court reporter for said circuit; to amend an Act approved February 16, 1950, (Ga. L. 1950, p. 304) so as to change provisions relating to selection and compensation of secretarial assistance for the judges of said circuit; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. There is hereby created an additional judge of the Superior Courts for the Stone Mountain Circuit for a term of office commencing on the first day of January, 1957, and continuing for a term of four years and until his successor is elected and qualified in the manner provided by law for the election of judges of the superior court. Additional judge. Section 2. Such additional judge of the Superior Courts of the Stone Mountain Circuit shall be elected in the manner provided by law for the election of judges for the superior courts of this State at the general election for members of the General Assembly to be held on Tuesday after the first Monday in November, 1956, for a term of four years beginning on the first day of January, 1957, and until his successor shall have been elected and qualified. All future elections for such judge shall be for a term of four years, and shall be held and conducted as is now or as may hereafter be provided by law for the election judges of the superior courts of this State. Election, term. Section 3. The qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation shall be the same, and the manner of payment shall be the same as is now or may hereafter be fixed by law for the present judges of the Superior Courts of the Stone Mountain Circuit. Qualifications. Section 4. Such additional judge of the Superior Courts of the Stone Mountain Circuit shall have all the powers, jurisdiction, duties, and dignity of the present judges of the superior courts of this State. Powers. Section 5. All writs, processes, orders and subpoenas issuing out of the Superior Courts of the Stone Mountain Circuit may bear teste in the name of any of the judges of the said Stone Mountain Circuit and when issued by

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or in the name of any judge of said circuit shall be as valid and binding as if there were only one judge of the superior courts and they had been issued by him or had borne teste in his name. Writs, processes, etc. Section 6. The drawing and empanelling of all jurors, whether grand, petit, or special may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges in the same or separate counties, or before each of them at the same time. Juries. Section 7. All writs and processes in the Superior Courts of the Stone Mountain Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges co-equal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 8. All functions provided by law or permitted by law to be done or performed by the judges of the superior courts of this State, whether in their own or in other circuits, or whether sitting in appellate courts as provided by law, may be done or performed by any of the judges of said Stone Mountain Circuit. Section 9. The said judges of the Superior Courts of the Stone Mountain Circuit shall have, and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets in said courts and of fixing the order of business. They may assign the hearing of trials by jury for a term to one or two said judges and the hearing of all other matters not requiring a trial by

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jury to the other one or two judges, and they may alternate such order of business at the next term. They may all or any of them conduct trials at the same time in the same or separate counties, or they may all or any of them hear chambers business and motion business at the same time in the same or separate counties. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending any ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in the term of service as superior court judge shall control; provided, however, that in the event that any two or more of said judges were elected at the same time and neither or none of said judges be senior in term of service, the judge receiving the greatest number of votes in the election shall be deemed the senior judge. Senior judge. Section 10. The county authorities of said counties comprising said Stone Mountain Circuit, are hereby fully authorized and empowered to provide a suitable courtroom, juryrooms, and chambers for the present judges and for the said additional judge, and upon the recommendation of all of said judges, the same shall be provided. Courtrooms and chambers. Section 11. The judges of the Stone Mountain Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding the remuneration of the present two court reporters of the Stone Mountain Circuit, as the same shall be now or hereafter fixed. Reporters. Section 12. The Act approved February 16, 1950, (Ga. L. 1950, p. 304) entitled An Act to carry into effect Paragraph One, Section Three, Article Six of the Constitution of 1945 of this State, to add one additional

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judge of the Superior Court for the Stone Mountain Circuit; to regulate the manner in which the judges of the Stone Mountain Circuit shall dispose of business thereof; to fix a time at which the term of said additional judge shall begin; to provide for his election and for his compensation; to provide courtroom and chamber space; to provide for secretarial help; and for other purposes is hereby amended by striking Section 11 thereof relating to secretarial help for the Judges of the Stone Mountain Circuit, in its entirety, and by substituting in lieu thereof the following new Section 11, to read as follows: Section 11. The Judges of the Stone Mountain Circuit shall be authorized and empowered to employ such secretarial assistance as may be necessary in carrying on the business of the courts of said circuit, and to fix the compensation of such secretary or secretaries, which salary or salaries when so fixed, shall be paid monthly as an expense of court from the general funds of the counties comprising the Stone Mountain Circuit in the proportion that the population of each county bears to the total population of the Stone Mountain Circuit as determined by the latest United States census. Secretarial assistance. Section 13. Should any court of this State declare any section or clause of this Act unconstitutional or invalid for any reason or cause, then such decision shall affect only that section or clause so declared to be unconstitutional and invalid, and shall not affect any other section, clause or part of this Act. Section 14. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 6, 1956.

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LIVESTOCK AUCTION SALES. No. 309 (Senate Bill No. 125). An Act to provide for the regulation of the sale of livestock at auction; to provide for the bonding of livestock auction sale establishments and dealers in livestock; to provide for the weighing of livestock at such establishments by certified public weighers; to provide procedures connected therewith; to define terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. (a) Commissioner shall mean the Commissioner of Agriculture. (b) Livestock shall include cattle, hogs, goats and sheep. (c) Bond shall mean a written instrument issued or executed by a bonding, surety or insurance company licensed to do business in Georgia guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchases and guarantee the payment of the purchase price of all livestock purchased by him, made payable to the Commissioner of Agriculture for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase. Definitions. (d) Person shall include any person, firm, corporation, association, co-operative or combination thereof. (e) Dealer shall mean any person engaged or who engages in the buying of livestock of any kind for resale in selling livestock of any kind bought for the purpose of resale or in buying livestock of any kind for slaughter; provided, that no farmer purchasing livestock for his own use for feeding or breeding purposes and persons

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purchasing livestock for feeding shall not be included in the term dealer. (f) Sales establishment shall include any yard, barn or other premises where livestock is sold at auction. Section 2. No person shall operate a sales establishment for the sale of livestock at auction unless he has then in force a bond in an amount of not less than 1/52 of the total sales of that establishment for the last calendar year before any such sale is held. Provided, the maximum bond shall not be required to exceed $25,000.00. Bonds. Section 3. No dealer, except farmers purchasing livestock for his own use for feeding or breeding purposes and persons purchasing livestock for feeding by himself, shall purchase livestock at any sales establishment unless he has then in force a bond in an amount of not less than 1/52 of the total purchases made by him during the calendar year next preceding the year in which the purchase is made. Provided, however, that the minimum bond of any dealer shall be $1,000.00 and the maximum bond shall not be required to exceed $25,000.00. Same. Section 4. Any person operating a sales establishment and who has complied with the provisions of Section 2 of this Act may make purchases without complying with the provisions of Section 3 of this Act, it being the purpose of this section to provide that only one such bond shall be required. Section 5. All livestock weighed at a sales establishment shall be weighed by a certified public weigher who has complied with the provisions of the Certified Public Weighers Act (Ga. L. 1949, p. 1179). Weighing. Section 6. Each sales establishment shall make adequate provision to isolate insofar as practical, the auctioneer, weigher, clerk and any other employee who has any duty in regard to making of any record of the sale and no person shall be permitted to converse with any

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such employee while he is performing any duty in connection with the sale. Conduct of sales. Section 7. It shall be the duty of the Department of Agriculture to administer the provisions of this Act and the Commissioner is hereby authorized to promulgate rules and regulations to effectuate the provisions of this Act. Administration of Act. Section 8. Any person who shall violate any provision of this Act or any rule or regulation promulgated pursuant hereto shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1956. FARMER'S MARKETSCLOSING AND DISPOSITION. No. 310 (Senate Bill No. 109). An Act to direct the Commissioner of Agriculture to evaluate each of the present farmers' markets that are being operated by the State and to determine whether any one or more of them should be closed; to authorize the closing of markets and the sale or leasing of the closed markets as industrial sites for the purpose of attracting new industries to the communities; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Commissioner of Agriculture is hereby directed to evaluate each of the present farmers' markets that are being operated by the State and to determine whether any one or more of them should be closed. In

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making the determination the Commissioner shall consider the need for the particular market from the standpoint of the marketing of farm products and the convenience of the farmer, keeping in mind that when a market is too close to another the number of buyers may be reduced in both markets. He shall also consider the cost to the State government. If he determines that any market should be closed he is hereby authorized to close it. Determination to close. Section 2. When any market is closed by the Commissioner, the State Properties Commission may lease or sell the property according to their discretion, for industrial sites to attract new industries to the community. The proceeds of the sale or lease shall be paid into the State treasury to the credit of the general fund. Disposition. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1956. WARM AIR HEATING EQUIPMENT ACT AMENDED. No. 314 (House Bill No. 538). An Act to amend an Act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, so as to provide that counties having a population of not less than 6,975 and not more than 7,000 inhabitants according to the United States census of 1950 or any other future United States census shall come within the terms and provisions of said Act; 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 regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, is hereby amended by adding a new section to said section to be known as Section 1A to read as follows: section 1A. All counties in the State of Georgia having a population of not less than 6,975 and not more than 7,000 inhabitants according to the United States census of 1950 or any future United States census shall come within the terms and provisions of this Act and shall be subject to regulation by the board herein provided for to the same extent and for the same purposes as those counties originally included. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1956. INSURANCE AGENTSLICENSING. No. 324 (Senate Bill No. 96). An Act to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties; to provide for the licensing of agents for such representation; to define the terms used in the Act; to provide that no license as agent shall be issued except to an individual; to prohibit acting as agent without a license; to provide standards and qualifications to be required for the issuance, renewal or retention of licenses; to provide

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for the examination of applicants for licenses in certain cases; to provide for the appointment of an advisory board to make recommendations to the Insurance Commissioner; to fix examination and other fees; to authorize the issuance of temporary licenses, and the scope thereof; to authorize the issuance of permits for service representatives; to provide for limited agents' licenses in certain situations; to vest power and authority in the Insurance Commissioner to administer this Act, and to that end to promulgate and enforce rules and regulations; to provide for the refusal, suspension and revocation of licenses and the investigations and hearing procedure relating to such matters; to provide for judicial review of such action by the Insurance Commissioner; to provide for licenses for non-resident agents; to provide that by obtaining a license or by doing business in this State a non-resident agent consents that service upon the Insurance Commissioner shall constitute service upon him, and the manner of proving same; and, (with certain exceptions stated) to require the countersignature of an agent residing in this State upon policies on risks having a situs in this State and on policies negotiated in this State; to prohibit countersigning contracts of insurance in blank; to make certain provisions with reference to the division of commissions; to require the keeping of certain records by agents; to provide penalties for violation of this Act; to repeal all laws or parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever used in this Act, certain terms shall be defined as follows: A. Except where the type of insurance is specifically stated, the word insurance shall include all kinds of insurance other than life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties. B. Insurer shall include any corporation, association,

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partnership, syndicate or individual engaged in the business of insurance, whether chartered, having the principal office, or residing in the State of Georgia or elsewhere. C. Agent shall mean an individual, appointed or employed by an insurer who solicits insurance or procures applications therefor, or who in any wise, directly or indirectly, makes or causes to be made any contract of insurance for or on account of an insurer, or who as representative of an insurer receives or receipts for money for transmission to the insurer for a contract of insurance, anything in the application or contract to the contrary notwithstanding. The term agent as used in this Act shall not include a person acting for or as a collection agency, or an attorney at law admitted to practice in this State, when handling the collection of one or more premiums as a collection matter, nor shall it include a person who shall perform exclusively clerical work, or exclusively work of an office of an insurer or representative thereof not involving solicitation of insurance, signing or countersigning of contracts, or the receipts of premiums. The term agent includes subagent, and it includes solicitor. Definiations. D. Agency shall mean a person as sole proprietor, or a partnership or corporation, representing one or more insurers and being engaged in the business of soliciting or procuring insurance or applications therefor, or countersigning or issuing or delivering contracts of insurance for one or more insurers. E. Service representative shall mean an individual other than an officer, manager, general agent or supervising or managing general agent or special agent of the insurer, employed by an insurer, its general agent, or representative to work with and assist agents in servicing, soliciting, negotiating and effectuating insurance in such insurer or in the insurers represented by such general agent or representative. F. Limited surety agent shall mean an individual

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appointed by an insurer that is engaged in fidelity insurance business, by power of attorney, to execute and/or countersign only release of attachment bonds and bail bonds in connection with judicial proceedings. G. Controlled business of a person shall mean insurance for himself or his spouse or for any relative by blood or marriage within the second degree of kinship as defined by Code Section 113-903(5) or for his employer or the firm of which he is a member, or for any officer, director, stockholder or member of his employer or of any firm of which he is a partner, or for any spouse of such officer, director, employer, stockholder or member of his firm, or for his ward or employee, or for any person or in regard to any property under his control or supervision in any fiduciary capacity. H. Commissioner shall mean the Insurance Commissioner of the State of Georgia, or his successor in office. I. Whenever used in this Act, words referring to the masculine gender shall be construed to refer likewise to the feminine gender. Section 2. No license to act as an Agent shall issue except to an individual. Section 3. Each applicant for a license to act as an agent within this State shall file with the Commissioner his written application upon forms prescribed and furnished by the Commissioner. The application shall be signed and verified by the oath of the applicant. As a part of or in connection with any such application, the applicant shall furnish information concerning his identity, personal history, experience, business record, purposes, and other pertinent facts, as the Commissioner may require. Applications for license. Section 4. The Commissioner may also conduct inquiry or investigation relative to the applicant's trust-worthiness,

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qualifications and competence to be licensed or to continue to be licensed as an agent. Investigations. Section 5. At midnight of the last day in February in every year, each license then in effect shall expire unless renewed. A renewal thereof may be issued not more than forty-five (45) days before the yearly period to which it shall apply, or during such period, but shall have no retroactive effect. Upon the filing of an application for renewal accompanied by fee of ten ($10.00) dollars, a renewal for one yearly period ending at the end of February shall be issued by the Commissioner without examination, investigation or inquiry, unless after procedure conforming to Sections 20 and 22 of this Act he has previously determined that such renewal should be refused or the license revoked or suspended, or unless the application discloses a disqualification of the applicant. If after the filing of an application for renewal for one year, in proper form and showing sufficient cause, thirty days elapse without the sending to the applicant by the Commissioner of a notification of the disposition thereof, the renewal shall be deemed granted on a temporary basis pending consideration of the application for renewal. Renewal of licenses. Section 6. In the event of the death of an agent, including a temporary agent, or the inability to act as an agent by reason of service in the armed services of the United States, or illness or other disability or termination of appointment by insurer, and if there is no other individual connected with the agency who is licensed as an agent in regard to insurance of the classification transacted by the agent deceased or unable to act, the Commissioner may issue a temporary license as agent in regard to insurance of such classification, to an employee of the agency, to a member of the family of said former agent, or to some associate of his, or to his guardian or receiver or executor or administrator, for the purpose of continuing or winding up the business affairs of the agent or agency. A temporary license shall issue only to an applicant who has filed a sworn application upon forms

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prescribed and furnished by the Commissioner. Such applicant shall not be required to meet the requirements as to examination, residence and education required for licensing of agents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, he shall issue same. It shall be effective for six months, renewable from time to time for renewal periods of three months in the discretion of the Commissioner, but in no event shall such renewal, or any other temporary license of renewal with reference to the same matter, extend to a time more than 15 months after the date of the first issuance of a temporary license in such matter. A temporary license shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of such agent. Such license shall not authorize the holder thereof to solicit, negotiate or procure new insurance accounts. The fee for a temporary license shall be ten ($10.00) dollars. Temporary licenses. Section 7. From the application for license as an agent, it must affirmatively appear: A. That the applicant is an individual who has attained the age of 21 years. B. That the applicant is a citizen of the United States, is a bona fide resident of this State, and will reside and be present within this State for at least six months of every year. Contents of application. C. That his place of business will be located in this State and he will be actively engaged in the business of insurance, and will maintain a place of business in this State accessible to the public. D. That the license is not being sought for the purpose of obtaining a rebate or commission upon controlled business, and that the applicant will not in any calendar year effect controlled business that will aggregate as

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much as twenty-five (25%) percent of the volume of insurance effected by him in such year, as measured by the comparative amounts of premiums. The anticipated controlled business and the amounts of premiums and commissions and other renumeration thereon shall be itemized upon the application. E. The Commissioner shall issue an applicant's certificate to the applicant upon receipt of a completed application for an agent's license accompanied by a certificate of an insurer authorized to do insurance business in this State, as required by Paragraph H of this section. Such applicant's certificate shall be valid for a period of three months from the date of issue, and shall authorize the holder thereof to solicit and negotiate contracts of insurance and to receive commissions thereon, but shall not authorize the applicant to sign or countersign policies of insurance. After holding an applicant's certificate for at least sixty days, and upon certification by an insurer authorized to do insurance business in this State that, during the life of the certificate, the applicant has been given training in the kind or kinds of insurance for which the license is requested, or at the discretion of the Commissioner, the applicant shall be eligible to take the written examination; provided, however, he shall satisfy all other requirements of Section 7 and Section 8. F. The applicant must be recommended by three (3) reputable citizens residing in Georgia. G. The application shall be accompanied by a remittance of ten dollars, which shall be the fee for the issuance of a license. If the Commissioner refuses to issue a license, the remittance of ten dollars shall not be refunded. H. The application shall be accompanied by a certificate of an insurer authorized to do insurance business in this State, stating that the insurer desires to appoint the applicant as the insurer's agent for the transaction of insurance

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of the type of the classification of the license applied for, which insurer shall certify that after inquiring into the facts to the best knowledge, information and belief of such insurer, the applicant for license is a person of good character, is a bona fide resident of the State of Georgia, in good faith intends to remain as a resident of Georgia for at least 12 months from the date of the filing of the application, and is or expects to become bona fide engaged in Georgia in the business of an agent as defined in this Act; that the applicant has such moral and financial standing as to make it probable that he can engage in business as such agent without detriment to the public; that the applicant expects bona fide to solicit and serve the public generally and not to procure the license for the purpose of getting a rebate or commission on controlled business, and that he has such knowledge of insurance of the classification of the license applied for and of the law and practices governing and relating to same as will enable him to carry on the business in a competent manner and without detriment to the public. Every insurer that appoints such person as his agent shall file or have on file with the Commissioner a certificate with reference to such person stating such facts. Section 8. If it appears from the application that the applicant is not qualified to be an agent, or if it appears from other investigation by or under the authority of the Commissioner that the applicant is untrustworthy or not qualified or not competent to be an agent, the Commissioner shall forthwith refuse to allow the applicant to take an examination for license as an agent. Such refusal shall be stated in writing, setting forth the reasons therefor, and shall be sent promptly by registered mail addressed to the applicant at the address stated by him upon the application. If from the application and the investigation of the applicant conducted by or under the authority of the Commissioner, the applicant is deemed by the Commissioner to be trustworthy and qualified and competent to be an agent if he shall pass the examination therefor, the applicant shall be eligible to take the

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written examination, and shall be promptly notified in writing by registered mail sent to his address shown on the application that he is allowed to take a written examination prepared under the authority of the Commissioner, as a test of qualifications and ability to be an agent. The Commissioner's decision in regard to whether he shall refuse to allow the applicant to take the examination, or that the applicant is deemed eligible to take the examination, shall be made within ninety (90) days after the filing of the application. Refusal to license. Acceptance of applicant. A refusal by the Commissioner to allow an applicant to take the written examination shall not preclude the applicant from applying as many times as he desires, except that at least six months must intervene between applications. The fee for the first written examination for license of a certain classification as agent shall be ten ($10.00) dollars payable in advance to the Commissioner; for each subsequent written examination in regard to such classification, the fee shall be five ($5.00) dollars. Such fees are payable in advance. Examination fee. The failure to pass such written examination shall not preclude the applicant from taking subsequent examinations, provided that at least three months must intervene between his first and second examinations, and at least six months between any subsequent examinations. Once an applicant has been notified that he is allowed to take a written examination, he will not be required to file another application unless so ordered by the Commissioner or unless twenty-four (24) months shall elapse from the filing of his application. Examinations. The scope of the written examination shall be limited to the kind or kinds of insurance for which the applicant seeks to be licensed. The passing grade upon an examination shall be 70 percent. The Commissioner may appoint and from time to time

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reappoint an advisory board of not less than five nor more than twelve persons to advise with him with respect to the scope, type and conduct of written examinations and the times and places in the State where they shall be held. This advisory board, if appointed, shall consist of individuals experienced in or associated with the business of fire, marine, or casualty insurance or surety bonding. The members of the advisory board shall serve without pay, but upon the authorization of the Commissioner, shall be reimbursed for their reasonable expenses in attending meetings of the advisory board, which shall be held only upon the call of the Commissioner. Advisory board. An agent to whom a license shall have been issued before the passage of this Act by the General Assembly and whose license shall be in effect shall not be required to take an examination in regard to the subject of insurance within the classification of his license, or within the scope of his limited license, as a prerequisite to renewal of license of such classification, if his application for renewal of license is filed with the Commissioner not later than January 1, 1957. Present license. Section 9. A. The Commissioner may issue a limited automobile agent's license to an individual qualifying therefor by taking and passing an examination limited to such subjects as relate to physical damage insurance on motor vehicles. B. The Commissioner may issue a limited fire agent's license to an individual qualifying therefor by taking and passing an examination limited to such subjects as relate to monthly or weekly premium fire insurance. Provided, however, that the Commissioner may issue such license for a temporary period not exceeding ninety (90) days to an individual otherwise qualified, who is completing the training requirements prescribed in Section 7 hereof, and who will, by the termination of such ninety (90) day period, take the aforesaid examination. Not more than one such temporary license shall be issued to any one person. Limited licenses.

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C. The Commissioner may issue a limited surety agent's license to an individual qualifying therefor by taking and passing an examination limited to such subjects as relate to limited surety agent. D. The Commissioner may issue a limited casualty agent's license to an individual qualifying therefor by taking and passing an examination covering all kinds of casualty insurance, excluding workmen's compensation insurance and fidelity and surety bonds. E. The applicant taking and passing an examination limited in scope as hereinabove provided shall be entitled to a license similarly limited in scope, which limitation shall be expressed in said license. F. Except as otherwise provided, the provisions of this Act relating to agents generally, including fees and taxes, shall be applicable to individuals applying for or holding a limited agent's license; provided, however, that when the holder of a limited license as hereinabove enumerated shall apply for an agent's license as stated in Section 18, he shall qualify therefor by taking and passing an examination limited in scope to those subjects of insurance not included in his limited license. The fee for such additional examination shall be five ($5.00) dollars. Section 10. The Commissioner may issue a special license, without examination, to individuals selling transportation tickets of a common carrier of persons and property, who shall act as agents only as to travel ticket policies of disability insurance or baggage insurance on personal effects. The Commissioner may prescribe and furnish such special forms calling for such information as he deems proper, in connection with application for or renewal of such special license, providing that fees and taxes shall be the same as for agents generally. Section 11. An individual residing in another State.

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licensed therein as an agent, broker or solicitor, may be licensed by the Commissioner as a non-resident agent under the following circumstances, in the following manner: Travel ticket policies. A. Upon written application certifying that the applicant will not negotiate or effect a contract of insurance on property or a risk having situs in this State with any insurer not qualified to do business in this State, and upon payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individual to act as non-resident agent who is otherwise qualified therefor under this law, but who is not a resident of this State, if, by the laws of the State of his residence, residents of this State may be licensed in such manner as non-resident agents of this State. The license by the Commissioner shall be of a classification provided herein and for which the applicant has been licensed in the other State. Non-resident agents. The required license fee for such license shall be ten ($10.00) dollars, or the sum which is charged as a license fee for non-resident agents by the State of the applicant's residence, whichever is larger. B. No such license, however, shall be issued to a non-resident who maintains an office as an insurance agent or broker in this State, or who is a member or an employee of a firm or association or is an officer, director, stockholder or employee of a corporation which maintains an office as an insurance agency or broker in this State. Nor shall such license be issued to any individual who does not hold a solicitor's, agent's or broker's license issued by the State of his residence. Section 12. A. A risk shall be deemed to have a situs in this State if the insurance is upon or in regard to property having a permanent situs in this State or is movable property which is actually in this State or is principally used or kept in this State. B. All insurance contracts on risks or property located

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or having a situs in this State shall bear the counter-signature of an agent who resides in the State of Georgia and is licensed pursuant to this Act, except: (1) Any contract of insurance covering the rolling stock of any railroad or covering any vessel, aircraft or motor vehicle used in interstate or foreign commerce, or covering any liability or other risks incident to the ownership, maintenance or operation thereof. (2) Any contract of fire insurance upon property of railroad companies and other common carriers. (3) Any contract of insurance covering any property in transit while in the custody of any common carrier, or any liability or risk incident to such carriage. (4) Any contract of reinsurance between insurers. C. A non-resident who is the holder of a non-resident agent's license from the State of Georgia shall not directly or indirectly solicit, negotiate or effect insurance contracts in this State unless accompanied by a counter-signing agent licensed pursuant to this Act. D. Each non-resident agent by obtaining a license in this State or by doing business in this State shall be deemed to have consented that any notice provided in this Act, and any summons, notice or process in connection with any action or proceeding in any State or Federal court in this State growing out of or based upon any business or acts done or omitted to be done in this State may be sufficiently served upon him by serving the same upon the Commissioner. Such service shall be made by leaving a copy of the notice, summons or process with a fee of two ($2.00) dollars in the hands of the Commissioner, and such service shall be sufficient service upon the non-resident agent, provided that notice of such service and a copy of the notice, summons or process are forthwith sent by registered mail by the plaintiff or by the Commissioner to the residence of the non-resident

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agent, addressed to such agent, and the non-resident agent's return receipt and the affidavit of compliance herewith made by plaintiff or plaintiff's attorney or by the Commissioner are appended to the notice, summons or process and filed with said case in the court where it is pending, or filed with the Commissioner if in regard to a proceeding provided under this Act. Venue of such a suit shall be in the county of the residence of a plaintiff in the suit, if plaintiff resides in this State, otherwise in Fulton County. The place of residence of a licensed non-resident agent placed on file by him with the Commissioner shall be deemed to be his place of residence until such agent places on file with the Commissioner a written notice stating another place of residence. The term process shall include a petition attached thereto. Section 13. The expiration of the license of an agent shall not deprive him, or his executors or administrators, of any right that he may have acquired by contract made before such expiration to receive all or a portion of commissions upon contracts of insurance written before such expiration, with reference to the periods of time during which such contracts are in effect, including renewal option periods therein provided. Expiration of licenses. effect. In case of a sale of an agency upon a work out basis, the vendor without maintaining or renewing his license, and his executors and administrators, may participate in the proceeds of premiums on insurance written by the purchaser of the agency, when and as authorized to do so by the contract of sale of the agency, and this participation may be without limitation of time after the vendor ceased to hold an agent's license. An agent whose license has expired may, if authorized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods. Section 14. An agent shall not sign nor countersign in blank any policy to be issued outside of his office, nor countersign in blank any endorsement therefor, nor shall

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he give power of attorney to, or otherwise authorize, anyone to countersign his name to policies unless the person so authorized is directly employed by the agent and no other person, and has no office files, equipments or address in regard to insurance business, other than in the office of such agent. Prohibited acts. Section 15. No agent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of his license as an agent. Nor shall he share a commission except with an agent licensed pursuant to this Act, or with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his agency, or with an agent, agency, solicitor or broker having a residence or situs in another State and a license from such other State for the transaction of insurance therein. Except as provided in the Excess Insurance Agents Law, (Ga. L. 1949, pp. 1201 to 1204), no person shall solicit or be instrumental in placing insurance upon any risk having a situs in this State except with an insurer admitted to do insurance business in this State. Violation of this section shall authorize, among other penalties, the revocation of the violator's license as an agent. Thereupon such violator shall not be issued a new license until at least two years after the time when the revocation became effective. Same. Section 16. No insurer shall issue, make, write, place or cause to be made, written, placed or issued any contract of insurance, indemnity or suretyship covering risks or property located or having a situs in this State or covering any liability created by or arising under the laws of this State, except through an agent or agents licensed pursuant hereto. Same. Section 17. Except as provided in Section 12 (B) hereof, all insurance contracts on risks or property located or having a situs in this State must be countersigned by a resident agent duly licensed hereunder and

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if a non-resident agent, solicitor or broker participates in the effectuation of such contract, such resident agent shall be entitled to the same commission as allowed by the State of residence of the non-resident, but in no event less than twenty-five (25%) percent of the usual Georgia resident agent's commission, or twenty-five (25%) percent of the non-resident producer's commission, whichever is the less. Commissions. Section 18. Licenses other than limited licenses shall be issued in one or both of the following two classifications: (1) Fire and allied lines. (2) Casualty, surety and allied lines. The license shall state under each classification the kind or kinds of insurance thereof for which the applicant has passed the examination required by Section 8. An agent shall not be required to have any additional license because of having been appointed as agent by more than one insurer doing business in one of these classifications. An insurer appointing a currently licensed agent must furnish notice to the Commissioner on such forms prescribed by the Commissioner, giving notice of the appointment and the current license number issued to the agent. Classification of licenses. Section 19. Every agent shall keep a record of all contracts of insurance procured, issued, countersigned, endorsed or renewed, together with the exact amount of insurance placed or involved, the name and address of the insured and of the insurer, the subject of the insurance and its location, the gross premium paid or to be paid, the number, date and term of the contract, and every automobile insurance policy record must show the class under which it was written. Every agent shall also keep a record of the names of any other agents, brokers and agencies from whom business is accepted, the persons, associations, firms, and corporations to whom commissions

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or allowances of any kind are promised or paid, and such other information as the Commissioner may require. The period of time that all such records shall be kept shall be three years or the term of the contract of insurance, whichever is longer. The place of keeping such records shall be in the case of a non-resident agent, agency or broker be at his or its principal office, and in case the agent or agency has a residence or situs in this State, then at his or its principal office in this State. At all reasonable times when records are required hereby to be kept they shall be open for inspection by the Commissioner or his representative. If requested by the Commissioner, or his duly authorized representative, the agent shall furnish to him a verified statement in regard to every contract of insurance with reference to which the agent participates in the negotiation or effectuation thereof or in the collection of premiums, showing the risk covered, amount of insurance and premium involved; and such statement shall contain such other information as may be required to aid the Commissioner in the collection of all premium taxes due in this State and the enforcement of the provisions of this Act. Agents' records. Section 20. A. A license may be refused, or a license duly issued may be suspended or revoked or the renewal thereof refused by the Commissioner if he finds that the applicant for, or holder of such license: Grounds for refusal and revocation of licenses. (1) Has violated any provision of this Act or of any other law of this State relating to insurance as herein defined, or relating to another type of insurance; or (2) Has intentionally misrepresented or concealed any material fact in the application for such license; or (3) Has obtained, or attempted to obtain, such license by misrepresentation, concealment or other fraud; or (4) Has misappropriated, converted or unlawfully withheld money belonging to an insurer or an insured; or

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(5) Has materially misrepresented the provisions of an insurance policy; or (6) Has committed fraudulent or dishonest practices in the business of insurance; or (7) Has been convicted by final judgment in any State or Federal court of a felony involving moral turpitude; or (8) Has knowingly participated in the writing or issuance of substantial over-insurance of any property insurance risk; or (9) Has failed to pass an examination required pursuant to this Act; or (10) Has wilfully failed to comply with, or has wilfully violated, any proper order, rule or regulation issued by the Commissioner; or (11) Has failed or refused, upon demand, to pay over to an insurer that he represents or has represented, any money coming into his hands and belonging to the insurer; or (12) Has otherwise shown lack of trustworthiness or lack of competence to act as an agent; or (13) Is not in good faith carrying on business as an agent but on the contrary is holding his license for the purpose of securing rebates, or commissions on controlled business. Section 21. The commissioner may, upon his own motion, and shall upon a written complaint signed by a citizen of this State and filed with the Commissioner, inquire into any alleged illegal or improper conduct of any licensed agent, or of any non-resident agent licensed in this State, or into the question of whether a licensed agent or a non-resident agent licensed in this State, is

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untrustworthy or not competent or not qualified to act as an agent or non-resident agent, as the case may be. No finding or decision adverse to any person in regard to whom such inquiry is conducted shall be made by the Commissioner until after notice and hearing as provided in Section 22 of this Act. Investigations. Section 22. Before any license shall be suspended or revoked, or the renewal thereof refused hereunder, the Commissioner shall give notice of his intention so to do to the applicant for, or holder of such license and the insurer whom he represents or who desires that he be licensed and shall set a date not less than twenty (20) days from the date of service of such notice when the applicant or licensee and a duly authorized representative of the insurer may appear to be heard and produce evidence. Notice to such agent shall be deemed to have been perfected upon the agent if (and within three days after) such notice is sent by registered mail to the last address of the agent that has been filed by such agent with the Commissioner. Hearings. In the conduct of such hearing, the Commissioner or any deputy commissioner specially designated by him [Illegible Text] such purpose shall have power to administer [Illegible Text] [Illegible Text] require the appearance of, and examine any person under oath, and to require the production of books, records, and papers relevant to the inquiry upon his own [Illegible Text] or upon request of the applicant or licensee. Upon termination of such hearing, findings shall be reduced to writing and, upon approval by the Commissioner, shall be filed in his office and notice of the findings sent by registered mail to the applicant or licensee and the [Illegible Text] surer concerned. Any person wilfully failing or [Illegible Text] to honor a subpoena issued by the Commissioner [Illegible Text] [Illegible Text] duly appointed deputy commissioner shall be [Illegible Text] guilty of a misdemeanor. Section 23. No licensee whose license has been revoked hereunder shall be entitled to file another application for a license as an agent within two years from

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the effective date of such revocation, or if judicial review of such revocations is sought, within two years from the date of final court order or decree affirming such revocation. Such application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license. Effect of revocation of license. Section 24. Any applicant whose application for a license has been rejected (except for failure to pass a required written examination) shall, upon request therefor in writing within ten days after notice of such rejection, be entitled to a hearing as provided for by Section 22 and the procedure set forth by said section shall apply to the same. Hearing on rejection of application. Section 25. Agents holding licenses authorizing them to transact insurance business in the State of Georgia on the effective date of this Act shall continue to be so authorized to the same extent as if such agents had been examined pursuant to this Act and duly licensed, but such existing licenses shall expire on February 28, 1957, at midnight, unless terminated earlier or renewed as provided herein. Existing licenses. Section 26. The Commissioner is hereby authorized to establish and promulgate such rules and regulations as shall be proper for the administration of this Act. Rules and regulations. Section 27. Any order of the Commissioner refusing, suspending, revoking or refusing to renew a license or permit of any kind provided in this Act shall be subject to petition to the judge of the superior court for a writ of certiorari as provided by law as in other cases under Title 19 of the Code of Georgia; the venue being in the county of the residence of the petitioner, if he resides in this State, otherwise in Fulton County. Certiorari to Commissioner's orders. Section 28. Every agent holding a license hereunder shall keep the Commissioner advised of his office address; his residence address; the name and address of

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each insurer that he represents directly or indirectly, the name and address of each agency of which he is proprietor, partner, officer, director, or employee, or which he represents, and every trade name of such agency, and the names of all partners and members of any firm or association and the corporate name of any corporation owning or operating such agency. Such information shall be transmitted in writing by the agent to the Commissioner. Information to be furnished Commissioner. Section 29. No person who is a service representative shall act as an agent except when accompanied by or acting for the benefit of a licensed agent. No person shall act in this State as a service representative unless he shall hold a permit issued by the Commissioner. The application for such permit shall be filed in writing by the insurer concerned, and shall show the name, residence address, name of employer, and the position or title of such representative and type of work to be performed by him in this State, and such additional information as the Commissioner may reasonably require. The annual expiration date of each permit shall be at midnight of the last day of February. Service representatives. Section 30. Permits as above provided and licenses for agents shall not be transferable. Section 31. Nothing in this Act shall prevent the placing of excess lines of fire or casualty insurance when authorized and permitted under the provisions of the Excess Insurance Agents Law approved February 25, 1949, published in Georgia Laws, 1949, at pages 1201 and 1204. Excess insurance. Section 32. The information filed pursuant to Section 28 shall be kept by the Commissioner for twenty (20) years after filing. Section 33. Any person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor

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demeanor, and shall, upon conviction thereof, be punished as for a misdemeanor, and the Commissioner shall revoke the license of any such person who shall be an agent. Violations. Section 34. Any person who in this State shall act or purport to act, or hold himself out as an agent (or as an employee of an agent) of an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in the State of Georgia, and any person who in this State shall collect or forward any premium or portion thereof for or to such insurer shall be punished as for a misdemeanor, and shall also pay a sum equal to the State, county and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this State (it being the Commissioner's duty to see that violators of this section are prosecuted), and such violator hereof shall also be personally liable, to the same extent as such insurer, upon every contract of insurance made by such insurer with reference to a risk having a situs in this State, if such person participated in the solicitation, negotiation or making of such contract or any endorsement thereon or modification thereof or in the collection or forwarding of any premium (or portion thereof) relating to such contract. This section shall have no reference to a contract of insurance entered into in accordance with the Excess Insurance Agents Law, approved February 25, 1949, Georgia Laws of 1949, pages 1201 to 1204. Prohibited acts. Section 35. Any contract of insurance issued or countersigned by a person prohibited by this Act from so issuing or countersigning it shall not be rendered unenforceable by reason of such violation of this Act, but all persons knowingly participating in behalf of the insurer in such violation shall be deemed guilty of a misdemeanor. Contracts. Section 36. If any provision or section of this Act shall be held unconstitutional or otherwise invalid for any reason, such holding shall not be construed as affecting the validity of any remaining portion of such section or of this Act.

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Section 37. Nothing contained in this Act shall be construed as repealing or affecting the provisions of Sections 56-1408 to 56-1425 or 56-9910, relating to the organization of, or the regulation and taxation of incorporated mutual cooperative fire insurance companies; nor shall the provisions of Sections 6 to 10 or 18 of this Act apply to mutual cooperative fire insurance companies, incorporated under the provisions of 56-1408 to 56-1425, or to their agents in the transaction of their business. Section 38. This Act shall take effect January 1, 1957. Section 39. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1956. JUVENILES COMMITTED TO TRAINING SCHOOLS No. 326 (House Bill No. 561). An Act to amend an Act creating a system of juvenile courts in this State, approved February 19, 1951 (Ga. L. 1951, p. 291) as amended, so as to provide that the release or parole of any juvenile committed to any State training school shall be with the concurrence and recommendation of the superintendent thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the juvenile court system in this State, approved February 19, 1951 (Ga. L. 1951, p. 291) as amended, is hereby amended by adding to Section 22 thereof, the following: Provided, however, that the release or parole of any

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juvenile committed to any State Training School under the terms of this Act, during the period of one year from the date of commitment, shall be had only with the concurrence and recommendation of the superintendent. After the expiration of one year from the date of commitment, the committing court may order the release of such juvenile with or without such recommendation of the superintendent, provided, however, the terms of this Act shall be effective only as to commitments made after the effective date of this Act. Parole or release. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1956. LUMPKIN SUPERIOR COURTTERMS. No. 339 (House Bill No. 391). An Act to provide for the terms of court of the Superior Court of Lumpkin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of court of the Superior Court of Lumpkin County shall be held on the third Mondays in March and September. Terms. 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 to the General Assembly at its session convening in January, 1956, for passage of local legislation, the title to such bill to be as follows; to change the date of the

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Superior Court of Lumpkin from October to September, and for other purposes. This 4th day of January, 1956. Fred C. Jones, Jr., Representative. Arthur E. Housley, Senator of the 32nd District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Jones, 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 said county, on the following dates: 1-6-'56 1-13-'56 1-20-'56. /s/ Fred C. Jones, Jr., Representative, Lumpkin County. Sworn to and subscribed before me, this 30 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 6, 1956. SHERIFFSELECTION IN CERTAIN COUNTIES. Code 34-2601 Amended. No. 343 (House Bill No. 587). An Act to amend an Act entitled An Act to amend Section 34-2601 of the Code of Georgia of 1933 entitled `County Officers. Laws Applicable' providing

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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 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 approved February 12, 1955 (Ga. L. 1955, pp. 196-198) by striking the provision that in counties of 300,000 or more according to the United States census or any future United States census, the sheriff is required to receive a majority of all votes cast in an election or primary; 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 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

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of all votes cast for the office of sheriff, a second election or primary shall be held 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 approved February 12, 1955 (Ga. L. 1955, pp. 196-198) is hereby amended by striking from Section 34-2601 of the Code of 1933, `County Officers', the following language to wit: 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 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 election or primary election shall be declared elected or nominated as the case may be. the same being the language added by the amendment approved February 12, 1955 (Ga. L. 1955, pp. 196-198). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1956.

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ACCIDENT, SICKNESS AND HOSPITALIZATION INSURANCE. No. 344 (Senate Bill No. 14). An Act to create certain regulations concerning insurance companies which sell accident, sickness or hospitalization insurance; to provide for defining the terms used in this Act; to provide for explanatory words on insurance policy delivery envelopes; to provide for refund of initial premiums upon request within ten (10) days; to provide for outline of benefits applied for; to provide for certain refunds of premiums on optional renewable and cancellable policies; to provide for certain explanatory words on either optional renewable and cancellable or non-cancellable and guaranteed renewable policies; to provide for an incontestability clause in certain policies; to provide for exclusion of companies operating under Sections 99-1001 through 99-1021 inclusive, and Sections 99-1001-A through 99-1031-A inclusive, and certain other exclusions; to provide for filing policies with the Insurance Commissioner; 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. For the purpose of this Act and except as set forth in Section 10 hereof, the term accident, sickness or hospitalization insurance means individual policies and family-group policies which provide insurance against loss resulting from sickness or bodily injury or death by accident, or both. The term monies paid as used herein shall mean application fees, premiums or anything of monetary value paid to a company or its agent as consideration for the acceptance of an application for insurance or the continuing of a contract of insurance in force issued by an insurance company doing business under this Act. The term company as used herein shall include any company writing accident, sickness and hospitalization insurance within the State of Georgia. Definitions.

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Section 2. Every company authorized to write accident, sickness or hospitalization insurance business in the State of Georgia shall provide a delivery envelope for the delivery of such policies issued to Georgia residents on which envelope shall be printed or stamped across face thereof in bold type and red ink: Important insurance policyPlease read. Delivery envelopes. Section 3. Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia shall be required on such policies issued to residents of Georgia to refund all monies paid if within ten days after the delivery of a sickness, accident or hospitalization policy the insured returns said policy to the company or an authorized representative thereof and requests such refund. Each such policy shall have printed thereon or enclosed therewith a notice stating in substance that such a refund will be made upon request. Refund of payments on request. Section 4. Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia shall furnish to any applicant for such insurance residing in the State of Georgia a written outline showing the major coverage of the policy applied for, the major exclusions of the policy applied for, the renewal provisions of the policy applied for, and a reference to the policy as respects further provisions. Such written outline shall be given to the applicant at the time of signing the application for such policy and the forms of such outlines shall be subject to the same requirements for filing and approval as are set forth for the filing and approval of policy forms in Section 12 hereof. Outline of coverage. Section 5. Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia issuing such policies renewable at the option of the company or such policies canceallable at the option of the company to residents of the State of Georgia shall not decline to accept timely payments of renewal premiums thereon or exercise their optional right to cancel unless such company shall tender to the premium payor

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75% of the difference between the monies paid and the claims benefits received in cases where the amount of premiums exceed the amount of claims benefits received. The requirements of this section shall not apply to cancellation of such policies or refusal to accept renewal premiums for such policies when the policyholder reaches the age limit set forth in the policy or in the company's schedule or premium rates on file with the Georgia Insurance Department, such age limit in any event to be not less than age 60; nor, in the case of accident and sickness policies only, shall this section apply to cancellation or refusal to accept renewal premiums because of change in occupation of the policyholder to an occupation generally classified by the company as to all applicants as uninsurable. Renewal premiums. Section 6. Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia issuing to residents of the State of Georgia such policies cancellable or renewable at the option of the company shall print on either the top or the bottom of the first page and on the filing back of such policies in bold face type the following words or words of similar import not less favorable to the policyholder, Cancellable at the option of the company, or Renewable at the option of the company, as the case may be. If the policy contains a brief description this provision shall also be incorporated therein. Options to cancel or to renew. Section 7. Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia shall include in such policies in a provision thereof or in an endorsement thereon or in a rider attached thereto a statement as follows, or a statement of substantially similar wording but which is not less favorable to the policyholder: Incontestable provision. (a) After 2 years from the policy date no misstatements except fraudulent misstatements made by the applicant in the application for this policy shall be used to void this policy or to deny a claim for loss of time (as defined in the policy) commencing or other loss incurred after

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the expiration of such 2-year period. (b) No claim for loss of time (as defined in the policy) commencing or other loss incurred after 2 years from the policy date shall be reduced or denied on the grounds that a disease or physical condition not excluded from coverage by name or specific description, effective on the date of loss had existed prior to the effective date of coverage of this policy. Incontestable provisions. Section 8. Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia and issuing such policies in the State of Georgia represented to be non-cancellable and guaranteed renewable shall include therein a statement as follows, or a statement of substantially similar wording but which is not less favorable to the policyholder: This policy may be maintained in force by the insured upon timely payment of premiums to age 60. In all advertising of such policies, the maximum age to which the policy is non-cancellable or guaranteed renewable, must be stated. Non-cancellable and guaranteed renewable policies. Section 9. Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia issuing such policies of accident, sickness or hospitalization insurance in the State of Georgia in which the company reserves the right to refuse to renew or to cancel the policy except for non-payment of premiums when due shall provide, in substance, in such policies, in a provision thereof or in an endorsement thereon or in a rider attached thereto, that the company may not refuse timely renewal of the policy except at the renewal date occurring on or after and nearest to each anniversary date thereof or in the case of lapse and reinstatement at the renewal date occurring on or after and nearest to each anniversary date of the last reinstatement. Except for non-payment of premium, the company shall give to the policyholder not less than 30 days written notice of its intention to cancel or to refuse to accept renewal premium. Notice of intention to cancel. Section 10. Nothing in this Act shall apply to or affect

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(1) any policy of workmen's compensation insurance or any policy of liability insurance with or without supplementary expense coverage therein; or (2) any policy or contract of reinsurance; or (3) any policy, the renewal of which is subject to continuation of employment with a specified employer, or any blanket or group policy of insurance, or any policy issued pursuant to the exercise of conversion privileges provided for in group insurance policies; or (4) life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to accident and sickness insurance as (a) provide additional benefits in case of death or dismemberment or loss of sight by accident, or as (b) operate to safeguard such contracts against lapse, or to to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract or supplemental contract; or to any policy of accident, sickness or hospitalization insurance issued prior to the effective date of this Act. Insurance policies not affected by Act. Section 11. The provisions of this Act shall not apply to companies, organizations or associations operating under Section 99-1001 through 99-1021 inclusive and Sections 99-1001-A through 99-1031-A inclusive of the Code of the State of Georgia. Section 12. No individual or family group policy of accident, sickness or hospitalization insurance may be issued for delivery in the State of Georgia until a copy of such policy has been filed with and approved by the Insurance Commissioner of Georgia. The Commissioner shall approve or disapprove the form of such policies not later than 30 days after such policy forms are filed, otherwise such policies shall be deemed to be approved. If disapproved, the Commissioner shall notify the company submitting such policy forms in writing, stating the reasons for such disapproval. The Commissioner may withdraw approval of a policy form previously approved, after formal hearing, notice of which hearing shall be

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given to the company in writing at least 20 days in advance. The action of the Commissioner in approving, disapproving or withdrawing approval of any such policy form may be reviewed by certiorari to the Superior Court of Fulton County, Georgia, as in other cases provided by law. Approval of policy forms. Any policy which by its terms otherwise may be approved for issue in the State of Georgia may be brought into conformity with the requirements of this Act by rider or endorsement. Section 13. Any person, association, company or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor. Violations. Section 14. If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not effect the validity of the remaining parts of this Act. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional. Section 15. The provisions of this Act shall become effective July 1, 1956. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1956. SOUTHERN JUDICIAL CIRCUITJUDGE'S COMPENSATION. No. 349 (House Bill No. 547). An Act to provide for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit; to provide for the payment of such supplement in specified amounts by the counties comprising

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the Southern Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The judge of the superior courts of the Southern Judicial Circuit shall receive in addition to any compensation, allowances, funds or moneys of any kind received by him from the State, a supplement in compensation in the amount of $1200.00 per annum, to be paid monthly from the funds of the counties comprising the Southern Judicial Circuit. The amount which shall be paid by each of said counties is as follows: Brooks County, $176.10 per annum. Colquitt County, $329.54 per annum. Echols County, $24.18 per annum. Lowndes County, $341.29 per annum. Thomas County, $328.89 per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1956. STEPHENS SUPERIOR COURTGRAND JURIES. No. 352 (House Bill No. 604). An Act to amend an Act entitled An Act to amend `An Act to provide for holding four terms a year of the Superior Court of Stephens County; to prescribe the time of holding the same; to prescribe when and how grand juries shall be required to attend said court, and for other purposes,' so as to change the time for holding the terms of the Superior Court of Stephens County in the Mountain Judicial Circuit; to provide for the drawing of grand juries for said court; and

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for other purposes, approved February 8, 1950 (Ga. L. 1950, p. 131), so as to provide that a grand jury shall be convened at the April and October terms of the Superior Court of Stephens County; to provide that no grand jury shall be convened at the January and July terms, unless the judge of said court shall deem a grand jury necessary; 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 `An Act to provide for holding four terms a year of the Superior Court of Stephens County; to prescribe the time of holding the same; to prescribe when and how grand juries shall be required to attend said court, and for other purposes,' so as to change the time for holding the terms of the Superior Court of Stephens County in the Mountain Judicial Circuit; to provide for the drawing of grand juries for said court; and for other purposes, approved February 8, 1950 (Ga. L. 1950, p. 131), is hereby amended by striking Section 2 in its entirety and in lieu thereof inserting the following: Section 2. The judge shall convene a grand jury for the April and October terms of said court, and in his [Illegible Text], may either in term or vacation, convene a grand jury for the January and July terms. Grand juries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. To The People of Stephens County: Notice is hereby given that application will be made at the 1956 session of the General Assembly of Georgia for the passage of the following bill: An act to amend: An act to provide for holding four terms a year of the Superior Courts of Stephens County;

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to prescribe the time of holding the same; to prescribe when and how grand juries shall be required to attend said court and for other purposes so as to provide for the drawing of grand juries for the April and October terms of said court in lieu of January or July terms and for other purposes. Frank L. Gross, Representative Stephens County. 1-19-3t Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank L. Gross, who, on oath, deposes and says that he is Representative from Stephens County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record, which is the official organ of said County, on the following dates: January 19 26, and February 2, 1956. /s/ Frank L. Gross, Representative, Stephens County. Sworn to and subscribed before me, this 9th day of February, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 6, 1956.

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FULTON SUPERIOR COURTCOMPENSATION OF JUDGES. No. 353 (House Bill No. 504). An Act to amend an Act approved March 8, 1945 (Ga. L. 1945, pp. 1076 and 1077) entitled: An Act to supplement the salaries of the judges of the Superior Court of Fulton County as paid by the State, as provided in Section 2-4002 of Title 2 of Code of 1933, from the treasurer of Fulton County to fix the sums to be so paid, to require the treasurer of said county to pay said sums as a part of the court expenses of said county; and for other purposes, as heretofore amended, be further amended by increasing the amount to be paid to the said judges from the treasury of Fulton County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved March 8, 1945 (Ga. L. 1945, pp. 1076 and 1077) entitled An Act to supplement the salaries of the judges of the Superior Court of Fulton County as paid by the State, as provided in Section 2-4002 of Title 2 of Code of 1933, from the treasury of Fulton County, to fix the sums to be so paid, to require the treasurer of said county to pay said sums as a part of the court expenses of said county; and for other purposes, as heretofore amended, be further amended by striking the words and figures, six thousand ($6,000.00) in line 8 of Section 1 of the amendment of 1950 (Ga. L. 1950, p. 109 at p. 110) and inserting in lieu thereof the words and figures seven thousand two hundred ($7,200.00), so that said Section 1 when so amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of County Commissioners of Fulton County, or such other board or persons as may from time to time exercise the administrative power of Fulton County, shall pay to such of the judges of the Superior Court of Fulton County, in addition to the salaries paid by the State, not less than seven thousand two hundred ($7,200.00) dollars per annum; payable in equal monthly installments; and the amounts so paid are declared to be part of the court expenses of said county. Salaries.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. 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 personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 20th day of December, 1955, and once each week thereafter for 2 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 1st day of February, 1956. /s/ Maiodis Fowler, /s/ Notary Public, Gwinnett County, Georgia. /s/ My commission expires July 2, 1958.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia, which convenes on January 9, 1956, for the passage of local legislation to amend an Act entitled: An Act to supplement the salaries of the judges of the Superior Court of Fulton County as paid by the State, as provided in Section 2-4002 of Title 2 of Code of 1933, from the treasury of Fulton County, to fix the sums to be so paid, to require the treasurer of said county to pay said sums as a part of the court expenses of said county; and for other purposes (Ga. L. 1945, p. 1076), and the several Acts amendatory thereof. Said legislation may contain any matter germane to said act, as amended. Representative Hamilton Lokey. Dec 20 27 Jan 3 Approved March 6, 1956. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT AMENDED. No. 362 (House Bill No. 25). An Act to amend an Act entitled An Act to provide for the giving of security by owners and operators of motor vehicles; to repeal an Act entitled Motor Vehicle Safety Responsibility (Ga. L. 1945, pp. 276-278) and for other purposes approved February 21, 1951, (Ga. L. 1951, pp. 565-578) so as to strike the title in its entirety and insert in lieu thereof a new title specifying the purposes of said Act; to change and add definitions therein; to provide for appeal from decision of hearings; to provide for abstract of operating record on payment of required fee and to delete provision for abstract of registrations; to change amount of property damage in order for accident to come within the provisions

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of Act; to provide for report of accident from investigating officers under certain conditions and for report of accident from owner of any parked motor vehicle; to provide for suspension of licenses, registratian certificates and registration plates unless and until security furnished by operator or owner, and for the procedure and application of such action and effect of bankruptcy of an operator or owner in connection therewith; to provide for extent of coverage under liability policy or bond of operator in operating motor vehicles now owned by him; to provide for the filing of a real property bond as proof of financial responsibility and for requirements and procedure in connection therewith; to provide for the reporting of non-payment of judgments by the clerk or judge of the courts and for the suspension of license and registration based on such judgments and for other procedure and provisions in connection therewith; to provide for certificate from clerk or judge of court as to whether or not there is a pending suit or an unsatisfied judgment on file against an operator or owner; to provide for mandatory revocation and discretionary suspension of licenses and the procedure connected therewith and for suspension of license and registration for driving while license is suspended, revoked or cancelled; to provide for transmittal of records involving non-residents to other States, and to provide for action in this State on receipt of records from other States; to provide for increase in original amount of security ordered under certain conditions; to provide for the disposition of security under certain conditions; to provide Act shall not apply to motor vehicles owned by certain owners except that certain sections shall apply to the operator of such motor vehicles; to provide for change in number of vehicles necessary to become self-insurer; to provide for extent of liability of owner of rented or leased motor vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. An Act entitled An Act to provide for the giving of security by owners and operators of motor vehicles; to repeal an Act entitled Motor Vehicle Safety Responsibility (Ga. L. 1945, pp. 276, 277 and 278); and for other purposes, approved February 21, 1951 (Ga. L. p. 565) is hereby amended by striking the title of said Act in its entirety and substituting in lieu thereof a new title reading as follows: An Act to eliminate the reckless and irresponsible driver of motor vehicles from the highways of the State of Georgia; to define words and phrases used in said Act; to provide for the administration and enforcement of said Act by the Director of Public Safety of the State of Georgia and to prescribe his powers and duties; to provide for an operating record; to provide for hearings and appeals; to provide for the making of written reports following a motor vehicle accident; to provide for the posting of security in case of a motor vehicle accident involving property damage of any one person to an extent of $100.00 or more or personal injury to, or death of any person and effect of bankruptcy of an operator or owner; to provide for certain exceptions where evidence of existing insurance or bond is furnished; to provide for the filing of a real property bond as proof of financial responsibility and for requirements and procedures in connection therewith; to provide for the reporting of non-payment of judgments by the clerk or judge of the courts and for the suspension of license and registration based on such judgments and for the other procedure and provisions in connection therewith; to provide for certificate from clerk or judge of court as to whether or not there is a suit pending or an unsatisfied judgment on file against an operator or owner; to provide certain further exceptions to requirements of the Act; to provide for the suspension of licenses and registration of motor vehicles, and duration thereof; to provide for mandatory revocation and discretionary suspension of licenses under certain conditions and for suspension of license and registration for driving while license suspended, revoked or cancelled; to provide for forwarding

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of license by judge or clerk of court; to provide methods of showing proof of financial responsibility following revocation of license; to provide that the Act shall apply to non-residents, unlicensed drivers and unregistered motor vehicles and shall apply to accidents, convictions, pleas of guilty, and bond forfeitures in other States; to provide the form and amount of security; to provide for the custody, disposition, and return of security; to provide matters not to be evidence in civil suits; to prohibit a transfer of registration to defeat purposes of Act; to provide for surrender of licenses and registration; to provide penalties for the violation of the provisions of this Act; to provide Act not to apply to any motor vehicle owned by the United States, State of Georgia, any political subdivision of this State, any municipality therein, or any motor carriers required by any other law to file evidence of insurance or other surety, except that certain sections shall apply to the operator of such vehicles; to provide for self-insurers; to provide certain powers and duties of the Insurance Commissioner with respect to approval of plans for equitable apportionment among insurance companies of applicants for insurance who cannot obtain insurance by ordinary methods, and provide for appeals to the courts from decisions of said Insurance Commissioner respecting such plans; to provide Act shall be supplemental to motor vehicle laws; to provide Act shall not have past application; to provide for repeal of Motor Vehicle Safety Responsibility Act of Georgia Laws, 1945 pp. 276-278; to provide that this Act shall not prevent use of other process; to provide that if part of Act be held unconstitutional, it shall not effect remaining parts of Act; to provide for extent of liability of owner of rented or leased motor vehicles; to provide for repeal of all laws and parts of laws in conflict herewith and for other purposes. Section 2. Subsection (1) of Section 1 of said Act is hereby stricken in its entirety and a new Subsection (1) substituted in lieu thereof reading as follows: DirectorThe Director of Public Safety of this State or his authorized agent or representative. Director.

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Section 3. Subsection (2) of Section 1 of said Act is hereby stricken in its entirety and a new Subsection (2) substituted in lieu thereof reading as follows: `License'Any license, temporary instruction permit or temporary license issued under the laws of this State pertaining to the licensing of persons to operate motor vehicles. If not licensed shall mean any operating privilege or privilege to apply for license. License. Section 4. Subsection (10) of Section 1 of said Act is hereby stricken in its entirety and a new Subsection (10) inserted in lieu thereof reading as follows: `Accident'Collision of any motor vehicle with another vehicle or with any object or fixture or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $100.00 or more is sustained. Accident. Section 5. Section 1 of said Act is hereby amended by adding a new subsection thereto to be known as Subsection (11) reading as follows: `Hazardous offense'Shall be defined as any law, ordinance or regulation enacted or formulated primarily with the object of making safe the use of trafficways. Hazardous offense. Section 6. Section 2 of said Act is hereby stricken in its entirety and a new Section 2 substituted in lieu thereof reading as follows: The Director shall administer and enforce the provisions of this Act and may make rules and regulations necessary for its administration and shall provide for hearings upon request of persons aggrieved by orders or Acts of the Director under the provisions of this Act. Such hearing need not be a matter of record and the decision as rendered by the Director shall be final unless the aggrieved person shall desire an appeal, in which

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case he shall have the right to enter an appeal to the superior court of the county of his residence, by notice to the Director, in the same manner as appeals are entered from the court of ordinary, except that the appellant shall not be required to post any bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at term or in chambers or before a jury at the first term. The hearing on the appeal shall be de novo, however, such appeal shall not act as a supersedeas of any orders or acts of the Director, nor shall the appellant be allowed to operate or permit a motor vehicle to be operated in violation of any suspension or revocation by the Director, while such appeal is pending. A notice sent by registered mail shall be sufficient service on the Director that such appeal has been entered. Administration of Act. Appeals. Section 7. Section 3 of said Act is hereby stricken in its entirety and a new Section 3 substituted in lieu thereof reading as follows: The Director shall upon request and upon the payment of a fee as elsewhere provided by law, furnish any person a certified abstract of the operating record of any person, subject to the provisions of this Act, and if there shall be no operating record of such person violating any law relating to the operation of a motor vehicle or of any injury or damage caused by such person the Director shall so certify. Operating record. Section 8. Section 4 of said Act is hereby stricken in its entirety and a new Section 4 substituted in lieu thereof reading as follows: Section 4. Report required following accident. The operator of every motor vehicle which is in any manner involved in an accident within this State in which any person is killed or injured or in which damage to the property of any one person, including himself, to an extent of $100.00 or more is sustained, shall within 10 days after such accident report the matter in writing to the

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Director. Such report, the form of which shall be prescribed by the Director, shall contain information to enable the Director to determine whether the requirements for the deposit of security under Section 5 are applicable by reason of the existence of insurance or other exceptions specified in this Act. If such operator by physically incapable of making such report and is not the owner of the motor vehicle involved, the owner of the motor vehicle involved in such accident shall, within 10 days after learning of the accident, make such report. If the operator and owner are the same person and physically incapable of making such report within the required 10 day period, such person shall file the report as soon as he is able to do so, and in the meantime, the Director has authority to request a report of the accident from any officer who investigated the accident. The owner of any parked motor vehicle which is involved in an accident, shall file the report of same within 10 days after learning of the accident. The operator or the owner shall furnish such additional relevant information as the Director shall require. Report following accident. Section 9. Subsection (a) of Section 5 of said Act is hereby stricken in its entirety and a new Subsection (a) substituted in lieu thereof reading as follows: (a) Not less than thirty days after receipt by him of the report or notice of an accident which has resulted in bodily injury or death, or in damage to the property of any one person to an extent of $100.00 or more, the Director shall suspend the license and all registration certificates and registration plates of the operator and owner of any motor vehicle in any manner involved in the accident unless or until the operator or owner has previously furnished or immediately furnishes security, sufficient in the judgment of the Director, to satisfy any judgments for damages or injuries resulted from the accident as may be recovered against the operator or owner by or on behalf of any person aggrieved or his legal representative; provided that the Director shall dispense with the foregoing requirements on the part of

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any operator or owner who is undisputedly free from any liability. If the operator or owner is a non-resident, the suspension shall apply to the privilege of operation or use of motor vehicles within this State. The Director shall not apply the provisions of this section against a resident of this State involved in an accident with a non-resident of this State when the damage is less than three hundred dollars except upon the written request of any party in interest. An adjudication or discharge in bankruptcy shall not relieve the operator or owner from furnishing security as provided herein or from the other provisions of this Act. Suspension of license on failure to furnish security. Section 10. Subsection (b) of Section 5 of said Act is hereby stricken in its entirety and a new Subsection (b) substituted in lieu thereof reading as follows: (b) The notice of suspension shall be sent by the Director to the operator and owner not less than ten days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the Director with respect to the matters set forth in Subdivision 1, 2 or 3 Subsection (c) of this section, he shall take appropriate action as herein-before provided, after receipt by him of correct information with respect to said matters. Notice of suspension. Section 11. Subparagraph 2 of Subsection (c) of Section 5 is hereby stricken in its entirety and a new Subparagraph 2 inserted in lieu thereof reading as follows: 2. to such operator, if not the owner of such motor vehicle, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him, which provided him with liability coverage in the operation of the motor vehicle involved in such accident. Section 12. Section 5 of said Act is hereby amended by adding a new subsection thereto to be known as Subsection (d) reading as follows:

Page 551

(d) Bond as proof of financial responsibility, surety requirements; etc. (1) Proof of financial responsibility may be shown by a surety bond executed by the person giving proof and by a surety company duly authorized to transact business in this State or by the person giving proof of his ownership of real property and by one or more individual sureties owning real property within this State and having an equity therein in at least the amount of the bond, except that a real property bond cannot be filed in connection with the revocation of an operator's license or operating privilege. The Director may not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of such property and the title thereto, including any liens and encumbrances and amounts thereof, market value and value of such sureties' interest therein, executed by the owner or owners of such interest and such bond and affidavit shows thereon that a duplicate original of such bond and affidavit has been recorded in the office of the clerk of the superior court where deeds are admitted to record in the county where the real property is located. The clerk shall provide a separate book for such purpose. The bond shall be approved by the clerk in the same manner as a supersedeas bond is approved. The fee of the clerk for recording and approving of such affidavit and bond shall be $2.50. (2) The Director shall not accept any such bond unless it is conditioned for payments in amounts requested by the Director subject to the maximum amounts of security as specified under the provisions of this Act. (3) No such bond shall be cancelled unless twenty days prior written notice of cancellation is given the Director and cancellation of the bond shall not prevent recovery thereon with respect to any cause of action filed prior to the date of cancellation which is based on the cause of action which necessitated the filing of such bond.

Page 552

(4) A bond with individual sureties shall constitute a lien upon the real property of the principal and any individual surety in favor of the Governor of Georgia for the use of any holder of any final judgment, arising out of the cause of action which necessitated the filing of the bond, against the principal on account of damage to property or injury to or death of any person or persons, upon the recording of the bond in the office of the clerk of the court where deeds are admitted to record in the county where the real property is located. (5) When a bond with individual sureties filed with the Director is no longer required under this Act, the Director shall, upon request, cancel it as to liability for damage to property or injury to or death of any person or persons and when a bond has been cancelled by the Director he shall upon request furnish a certificate of the cancellation with the seal of the department thereon. The certificate, notwithstanding any other provision of law, may be recorded in the office of the clerk of the court in which the bond was admitted to record. (6) Upon satisfactory proof that the bond has been cancelled and that there are no claims or judgments against the principal in the bond on account of damage to property or injury to or death of any person or persons resulting from the ownership or operation of a motor vehicle by the principal arising out of the cause of action which necessitated the filing of the bond, the judge of the superior court of the county in which the bond was admitted to record, in term or vacation, may enter an order discharging the lien of the bond on the real property of the sureties, upon their petition and at their proper cost. (7) If a final judgment rendered against the principal on the bond filed with the Director is not satisfied within thirty days after its rendition, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the State against the company or persons issuing the bond.

Page 553

(8) When the sureties on the bond are individuals the judgment creditor may proceed against any or all parties to the bond at law for a judgment or in equity for a decree and foreclosure of the lien on the real property of the sureties. The proceeding whether at law or in equity may be against one, all or any intermediate number of parties to the bond and when less than all are joined other or others may be impleaded in the same proceeding and after final judgment or decree other proceeding may be instituted until full satisfaction is obtained. Section 13. Section 5 of said Act is hereby amended by adding a new subsection thereto to be known as Subsection (e) reading as follows: (e) Judgments; non-payment; reporting of; suspensions; payments; copies. (1) Whenever any person fails within thirty days to satisfy any judgment rendered in an action at law arising out of a motor vehicle accident, to which no appeal has been entered or motion for new trial filed, upon the written request of the judgment creditor or his attorney it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered, to forward to the Director immediately after the expiration of said thirty days, a certified copy of such judgment and the clerk or the judge, as the case may be, shall be entitled to a fee of $1.00 for such services which shall be included as a part of the cost of said action at law. If the defendant named in any certified copy of a judgment reported to the Director is a non-resident, the Director shall transmit a certification of the judgment to the official in charge of the issuance of licenses and registration certificates of the State of which the defendant is a resident. (2) (a) The Director upon the receipt of a certified copy of such judgment, shall forthwith suspend the license and registration or non-resident's operating privilege of the person against whom such judgment was rendered, except as otherwise provided in this Act.

Page 554

(b) If the judgment creditor consents in writing, in such form as the Director may prescribe, that the judgment debtor be allowed license and registration or non-resident's operating privilege, the same may be allowed by the Director, in his discretion, for six months from the date of such consent and thereafter until such consent is revoked in writing notwithstanding default in the payment of such judgment, or of any installments thereof as provided in this Act. (3) Such license and registration or non-resident's operating privilege shall remain so suspended and shall not be renewed, nor shall any license or registration be thereafter issued in the name of such person, including any such person not previously licensed, unless and until such judgment is stayed, satisfied in full or to the extent hereinafter provided, subject to the exceptions provided in this Act. (4) Judgments herein referred to shall, for the purpose of this Act only, be deemed satisfied: (a) When $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or (b) When subject to such limit of $5,000 because of bodily injury to or death of one person, the sum of $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (c) When $1,000 has been credited upon any judgment or judgments rendered in excess of the amount because of injury to or destruction of property of others as a result of any one accident; Provided, however, payments made in settlement of any claims because of bodily injury, death, or property

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damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for herein. (5) (a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments. (b) The Director shall not suspend the license and registration or non-resident's operating privilege following non-payment of a judgment, when the judgment debtor obtains such an order permitting the payment of such judgment in installments, and while the payment of any said installment is not in default. (c) In the event the judgment debtor fails to pay any installment as specified by such order, then upon notice of such default, the Director shall forthwith suspend the license and registration or non-resident's operating privilege of the judgment debtor until such judgment is satisfied, as provided in this Act. Section 14. Section 5 of said Act is hereby amended by adding a new subsection thereto to be known as Subsection (f) reading as follows: (f) Court record; pending action; unsatisfied judgment; certificate by clerk. At the expiration of one year from the date of the accident or one year from the date of the suspension under the provisions of this Act, the clerk, or the judge if there is no clerk, of the several courts of this State having jurisdiction over civil cases shall upon request of an operator or owner or an authorized representative of either, check the records of such court and furnish said operator or owner or authorized representative with a certificate showing whether or not there is an action at

Page 556

law pending or an unsatisfied judgment on file against the said operator or owner arising out of the accident which necessitated the posting of bond or security or on which the suspension was based. The cost of such certificate shall be $1.00 and shall be paid by the party requesting same. Section 15. Section 7-A of said Act is hereby stricken in its entirety and a new Section 7-A substituted in lieu thereof reading as follows: Section 7-A. Mandatory revocation and discretionary suspension of licenses. (a) Upon conviction or plea of guilty or forfeiture of bond of any of the following offenses of an operator by or in any court it shall be mandatory upon the Director to revoke said operator's license for a period of three (3) years, effective as of the date of such disposition: (1) Manslaughter, voluntary or involuntary, (or negligent homicide) resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquors or drugs; (3) Any felony in the commission of which a motor vehicle is used; (4) Failure to stop and render aid as required under the laws of this State, hit and run, or leaving the scene of an accident as specified by the laws of this State; (5) Perjury or the making of a false affidavit or statement under oath to the Department of Public Safety under this Act or the law relating to drivers licenses, or under any other law relating to the ownership or operation of motor vehicles; (6) Upon third offense of violation of hazardous Motor Vehicle Laws or ordinances, other than those offenses specified herein, within a period of twelve (12) months, which are subsequently disposed of as set forth in the first paragraph of this section; (7) Transporting contraband or stolen goods. The Director may, after the expiration of any revocation or suspension period by any court or upon receiving a letter of recommendation from the court as provided

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in Code Section 92A-427.1, reinstate the license of an operator whose license has been revoked under the above provisions only in the event said operator has qualified as required in this Act as a self-insurer, or produces evidence to the Director that he has obtained a policy of liability insurance, issued by a company authorized to do business in this State, or produces evidence that he has obtained a surety bond from a surety company authorized to do business in this State, except that no license shall be reinstated to a person whose license has been revoked three times for cause, (Code Section 92A-403). It is further provided that the Director may accept proof of financial responsibility given by the owner of a motor vehicle on behalf of a member of the immediate family residing in the home of such owner in order to permit such operator to operate motor vehicles for which the owner has given proof as herein provided, and an employer may furnish proof of financial responsibility on behalf of an employee operator and qualify such operator to operate motor vehicles for which proof is given by employer as herein provided. The acceptance of such proof given by an owner or employer by the Director is subject to the provisions that such proof as given must meet the requirements set forth herein and cover the operator while operating motor vehicles of the owner or employer. If operator only qualified to operate motor vehicles for an owner or employer, such restriction shall be designated by the Director on the license of the operator. The liability insurance policy shall provide for payment of not less than five thousand ($5,000.00) dollars because of bodily injury to, or death of one person in any one accident, and not less than ten thousand ($10,000.00) dollars because of bodily injury to, or death of two or more persons in any one accident and to a limit of not less than one thousand ($1,000.00) dollars because of injury to or destruction of property of others in any one accident. If operator prefers to place a surety bond in lieu of the above described liability policy, said bond shall cover the same amounts as set out above. It is further provided that upon an insurance company filing a certification of an insurance policy or a surety company

Page 558

filing a surety bond with the Director in order for the operator to show the proof required herein, such bond or certification can not be cancelled within a period of twelve (12) months from the effective date of such certification or bond except for a subsequent conviction for some revocable offense as set forth in subsection (a) of this section with the provision that the Director shall be given at least twenty (20) days prior written notice of such cancellation. The Director may, in his discretion, permit the cancellation of such certification or bond for other cause made known to and approved by him. If the Director is convinced that said operator does not have the above described financial responsibility coverage any time during a period of three (3) years following the conviction, plea of guilty or forfeiture of bond of said operator of any of the above offenses, it shall be the duty of said Director to immediately revoke the licenses of the operator involved. (b) Upon conviction, plea of guilty or forfeiture of bond of an operator by or in any court for the offense of driving while said operator's license is suspended, revoked or cancelled, the license of such operator and the registration certificate and plate of the motor vehicle operated by said operator at the time the offense was committed, shall be suspended for a period of six (6) months by the Director and shall not be reinstated during such suspension period. If the operator is not the owner of the motor vehicle operated by said operator, the owner of such motor vehicle may avoid the suspension of the registration certificate and plate by filing an affidavit with the Director setting forth the fact that such owner had no knowledge of the license of said operator being suspended, revoked or cancelled at the time said operator was operating the motor vehicle. (c) Upon the first offense of violation of any hazardous motor vehicle law or ordinance, other than those specified hereinabove, which are subsequently disposed of as set forth in the first paragraph of this section, the Director may in his discretion suspend the license of such operator for such period of time and under such conditions as he deems proper. It is further provided that when the driver's record of any operator indicates that said operator is a reckless or irresponsible or incompetent driver, the Director may take such necessary corrective action as he deems proper. The Director may formulate such rules and regulations, as to investigations, interviews, hearings, reexaminations or other procedures, as are required to administer the provisions of this subsection. (d) It shall be the duty of the judge or clerk of the court in which an operator is convicted or pleads guilty or forfeits bond of any of the offenses set forth in subsection (a) of this section to immediately forward the license of the operator along with a report of the conviction, plea of guilty or forfeiture of bond to the Department of Public Safety, on a report form to be furnished by said department, provided that if the license can not be obtained by the court, such fact shall be shown on the report as forwarded to the Department of Public Safety.

Page 559

Section 16. Section 8 of said Act is hereby stricken in its entirety and a new Section 8 substituted in lieu thereof to read as follows: Section 8-(a) In case the operator who is convicted, or pleads guilty, or forfeits bond, of any offense in this State, or the operator or owner of a motor vehicle involved in an accident within this State, has no license or registration, he shall not be allowed a license or registration until he has complied with the requirements of this Act to the same extent that would be necessary if, at the time of the accident or disposition of the offense as shown herein, he had held a license and registration. (b) When a non-resident's operating privilege is suspended or revoked pursuant to Section 5, Section 7 or Section 7-A of this Act, the Director shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration

Page 560

certificates and registration plates in the State in which such non-resident resides, if the law of such other State provides for action in relation thereto similar to that provided for in Subsection (c) of this section. Non-residents. (c) Upon receipt of a certification that the operating privilege of a resident of this State has been suspended or revoked in any other State pursuant to a law providing for its suspension or revocation for failure to show proof of financial responsibility to cover damages arising out of a motor vehicle accident, or on conviction or plea of guilty or forfeiture of bond for some offense, under circumstances which would require the Director to suspend or revoke a non-resident's operating privilege had the accident or conviction or plea of guilty or forfeiture of bond occurred in this State, the Director shall suspend or revoke the license of such resident if he was the operator who was convicted or plead guilty or forfeited such bond, and his license and all registration certificates and registration plates if he was the owner or operator of a motor vehicle involved in said accident. Such suspension or revocation shall continue until such resident furnishes evidence of his compliance with the law of such other State relating to the showing of proof of financial responsibility, or reinstatement of operating or registration privilege. Offenses in other States. Section 17. Section 9 of said Act is hereby amended by adding a new paragraph to the end thereof reading as follows: The Director may increase the amount of security in any case where subsequent information indicates that the original amount of security ordered would not be sufficient in his judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner. Security. Section 18. Section 10 of said Act is hereby amended by adding two new paragraphs thereto reading as follows:

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In any case where the depositor shall die while security is on deposit with the Director, the Director is authorized to return such security to the executor or administrator of the estate of the deceased depositor or if there is no executor or administrator and the amount on deposit is $300.00 or less the Director is authorized to pay over such deposit to the widow or widower of the deceased depositor. In any event, no deposit shall be returned unless and until satisfactory evidence has been filed by the person seeking such return, under the same conditions as provided in the first paragraph of this section for the filing of such evidence by the depositor. In any case where, after the expiration of one (1) year from the date the accident or from the date of deposit of any security under Subdivision 3 of Section 7, the Director is unable to contact the depositor by mail or receive any response from the depositor, the Director shall have a notice printed in the local newspaper in which legal notices are usually printed in the county of the last known address of the depositor once each week for four (4) consecutive weeks. Such notice shall specify that the depositor is eligible for the return of the security subject to the provisions of this section and shall further specify that if no response is received from the notice within one (1) year from the date on which the last notice is printed, the security will be deposited in the general fund of the State treasury. If no response from the notice is received by the Director, the Director shall dispose of the security as provided herein. The cost of the publication shall be deducted from the security on deposit, regardless of whether the security is returned to the depositor or his legal representative or deposited in the State treasury. Return or other disposition of security. Section 19. Section 15 of said Act is hereby stricken in its entirety and a new Section 15 substituted in lieu thereof to read as follows: Section 15The provisions of this Act shall not apply with respect to any motor vehicle owned by the United States, State of Georgia, any political subdivision of this State, any municipality therein, or any motor carriers required by any other law to file evidence of insurance or other surety. The provisions of Section 4, Section 7-A and Section 14 of this Act shall apply as to the operator of such motor vehicles. All provisions of this Act shall apply to the operator of such motor vehicles while on unofficial business. Vehicles to which Act not applicable.

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Section 20. Subsection (a) of Section 16 of said Act is hereby stricken in its entirety and a new Subsection (a) substituted in lieu thereof to read as follows: (a) Any person in whose name more than ten (10) motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Director as provided in Subsection (b) of this section. Self-insurers. Section 21. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 9, 1956. MECHANICS' AND MATERIALMEN'S LIENS. Code Ch. 67 Amended. No. 364 (Senate Bill No. 61). An Act to amend Chapter 67 of the Code of Georgia of 1933 as amended, relating to mortgages, conveyances to secure debt and liens, so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen furnishing labor or material to subcontractors for the improvement of real estate; to provide a method of declaring and creating such liens; to prescribe the effect of notice of lien rights; 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. Section 1. That Section 67-1701 of the Code of Georgia of 1933 as amended be amended by inserting in Paragraph 8 of Section 67-1701 of the Code of Georgia of 1933 as amended immediately following the words materialmen and immediately preceding the word machinist, the words subcontractors and materialmen furnishing material to subcontractors and laborers furnishing labor to subcontractors, and by inserting at the end of paragraph 8 the following additional sentence: The word subcontractor as used in this Act includes but shall not be limited to those subcontractors having privity of contract with the prime contractor; so that Section 67-1701 of the Code of Georgia of 1933 as amended when amended shall read as follows: Code 66-1701 amended. 67-1701. Certain liens established.The following liens are established in this State: Certain liens established. 1. Liens in favor of the State, counties, and municipal corporations for taxes. 2. Liens in favor of creditors by judgment and decree. 3. Liens in favor of laborers. 4. Liens in favor of landlords. 5. Liens in favor of mortgagees. 6. Liens in favor of landlords furnishing supplies. 7. Liens in favor of mechanics on real and personal property. 8. Liens in favor of contractors, materialmen, subcontractors and materialmen furnishing material to subcontractors and laborers furnishing labor to subcontractors,

Page 564

machinists, and manufacturers of machinery. The word subcontractor as used in this Act includes but shall not be limited to subcontractors having privity of contract with the prime contractor. 9. Liens in favor of certain creditors against steamboats and other watercraft. 10. Liens in favor of proprietors of sawmills and the proprietors of planing mills, and other similar establishments. 11. Liens in favor of innkeepers, boardinghouse keepers, carriers, livery stable keepers, pawnees, depositaries, bailees, factors, acceptors, and attorneys at law. 12. Liens in favor of owners of stallions, jacks, bulls, and boars. 13. Liens in favor of railroad employees, owners of stock killed, and persons furnishing supplies to railroads. 14. Liens in favor of laundrymen. 15. Liens in favor of jewelers. Section 2. That Section 67-2001 of the Code of Georgia of 1933 as amended be amended by inserting in Paragraph No. 1 immediately following the words all contractors and immediately preceding the words materialmen and persons furnishing materials for the improvement of real estate the words and all subcontractors and all materialmen furnishing material to subcontractors and all laborers furnishing labor for subcontractors and by inserting in Paragraph No. 1 immediately following the words all contractors and immediately preceding the words for building factories the words and all subcontractors and materialmen furnishing material to subcontractors and all laborers furnishing labor for subcontractors; and by inserting in Paragraph No. 2 immediately following the word contractor and immediately

Page 565

preceding the words or some person other than the owner the words or a subcontractor so that Section 67-2001 of the Code of Georgia of 1933 as amended shall read as follows: Code 67-2001 amended. 67-2001. Creation of liens; work done and material furnished. 1. All mechanics of every sort, who have taken no personal security therefor, shall, for work done and material furnished in building, repairing, or improving any real estate of their employers; all contractors and all subcontractors and all materialmen furnishing material to subcontractors and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; all contractors and all subcontractors and materialmen furnishing material to subcontractors and all laborers furnishing labor for subcontractors, for building factories, furnishing material for the same, or furnishing machinery for the same; and all machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up in any county any steam mill or other machinery, or who may repair the same; and all contractors to build railroads, shall each have a special lien on such real estate, factories or railroads. Creation of liens; work done and material furnished. 2. When work done or material furnished for the improvement of real estate is done or furnished upon the employment of a contractor or a subcontractor or some person other than the owner, the lien given by this section shall attach to the real estate improved as against such true owner for the amount of the work done or material furnished, unless such true owner shall show that such lien has been waived in writing, or shall produce the sworn statement of the contractor or other person, at whose instance the work was done or material was furnished, that the agreed price or reasonable value thereof has been paid: Provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvement made: Provided further

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that the words `contractor or other person at whose instance the work was done or material was furnished' shall not include subcontractors and provided further that the sworn statement of the contractor or other person at whose instance the work was done or material was furnished shall operate to dissolve all liens given by this section. Section 3. That Section 67-2002 of the Code of Georgia of 1933 as amended shall be amended as follows: In Paragraph No. 2 immediately following the word contractor and immediately preceding the word materialman inserting the words subcontractor. In Paragraph No. 3 by inserting immediately after the words in the event any contractor and immediately preceding the words procuring the material the word subcontractor; and by inserting immediately following the words obtained on said contractor and immediately preceding the words in a suit for said services, material, labor and supplies the words or subcontractor; and by inserting immediately following the words filing of suit against such contractor and immediately preceding the words no final judgment, the words or subcontractor; and by inserting immediately following the words bankruptcy of said contractor and immediately preceding the words and his subsequent discharge, the words or subcontractor; and by inserting immediately following the words judgment against such contractor and immediately preceding the words as a prerequisite the words or subcontractor; and by inserting immediately following the words property improved by said contractor and immediately preceding the words and may the words or subcontractor. And by adding to said Code section the following new paragraph to be numbered 4 and to read as follows: Code 67-2002 amended. 4. In any proceeding brought by any materialmen, or by any mechanic, or by any laborer, or by any subcontractor or by any mechanic of any sort employed by any subcontractor, or by any materialmen furnishing

Page 567

material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having direct contractual relationship with said subcontractor shall not be a necessary party, but he may be made a party, and in any proceedings brought by any mechanic employed by any subcontractor, or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party, but he may be made a party; said contractor or subcontractor or both may intervene in said proceedings at any time before judgment, for the purpose of resisting the establishment of said lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. So that 67-2002 of the Code of Georgia of 1933 as amended when amended shall read as follows: 67-2002. How liens declared and created; record; priorities.To make good the liens specified in Section 67-2001, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective, viz.: 1. A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving, or for materials or machinery furnished or set up, as set forth in said section. How liens declared and created: record: priorities. 2. The recording of his claim of lien within three months after the completion of the work, or within three months after such material or machinery is furnished, in the office of the clerk of the superior court of the county where such property is situated, which claim shall be in substance as follows: `A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, or other person (as the case may be), claims a lien on the house, factory, steam mill, machinery, or railroad (as the case may be), and the premises or real estate on which

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it is created or built, of C.D. (describing the houses, premises, real estate, or railroad), for building, repairing, improving, or furnishing material (or whatever the claim may be).' 3. The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In the event any contractor or subcontractor procuring material, labor or supplies for building, repairing or improving any real estate, building, or other structure shall abscond or remove from the State within 12 months from the date such labor, supplies or material are furnished him, so that personal jurisdiction cannot be obtained of said contractor or subcontractor in a suit for said material, labor or supplies, or if, after the filing of suit against such contractor or subcontractor, no final judgment can be obtained against him for the value of such material, labor or supplies, by reason of the bankruptcy of said contractor or subcontractor and his subsequent discharge from civil liabilities, then and in any of said events, the person or persons so furnishing material, labor or supplies shall be relieved of the necessity of obtaining judgment against such contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by said contractor or subcontractor and may, subject to the provision of Section 67-2001, enforce said lien directly against the property so improved, in an action against the owner thereof, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property: Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and proved by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved. As between themselves, the liens provided for in said

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section shall rank according to date, but all of the liens herein mentioned for repairs, building, or furnishing materials, upon the same property, shall, as to each other be of the same date when declared and recorded within three months after the work is done, or before that time. Said liens specified in Section 67-2201 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords for rent when a distress warrant is sued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens, when actual notice of such general lien of landlords and others has been communicated before the work was done or materials furnished; but the said liens provided for in said section shall be superior to all other liens not herein excepted. 4. In any proceeding brought by any materialmen, or by any mechanic, or by any laborer, or by any subcontractor or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having direct contractual relationship with said subcontractor shall not be a necessary party, but he may be made a party, and in any proceedings brought by any mechanic employed by any subcontractor, or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party, but he may be made a party; said contractor or subcontractor or both may intervene in said proceedings at any time before judgment, for the purpose of resisting the establishment of said lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. Section 4. This Act shall take effect upon the expiration of sixty days after the date of its enactment, but shall

Page 570

not apply to any contract awarded before the effective date. Section 5. If any part or parts of this Act be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining portions of this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. NORTHERN JUDICIAL CIRCUITTERMS. No. 365 (House Bill No. 168). An Act to change the terms and the time of meeting of the superior courts of the counties of the Northern Judicial Circuit; to provide an effective date; to prescribe how and when grand juries shall be required to attend said court and what terms shall be grand jury terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of the superior courts of the counties of the Northern Judicial Circuit shall begin on the following dates in each year: Franklin County3rd Monday in January, 4th Monday in March, 1st Monday in August, and 3rd Monday in October. Terms. Hart County1st Monday in February, 4th Monday in May, 1st Monday in October. Madison County3rd Monday in February, 3rd Monday in May, 4th Monday in August, and 2nd Monday in December.

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Elbert County1st Monday in March, 2nd Monday in September. Oglethorpe County3rd Monday in March, 4th Monday in September. Section 2. The grand jury terms of the superior courts of the counties of the Northern Judicial Circuit shall begin on the following designated terms in each year: The March and October terms of Franklin Superior Court are designated as grand jury terms. The February and October terms of Hart Superior Court are designated as grand jury terms. Grand jury terms. The February and August terms of Madison Superior Court are designated as grand jury terms. The March and September terms of Elbert Superior Court are designated as grand jury terms. The March and September terms of Oglethorpe Superior Court are designated as grand jury terms. At all designated grand jury terms, the proper officials shall draw and subpoena grand jurors to serve at said terms, and the grand jurors so selected shall serve until the following grand jury term of said court unless they are discharged by the judge. Section 3. This Act shall become effective April 15, 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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DIVORCERELIEF FROM DISABILITIES. Code 30-123 Amended. No. 367 (Housing Bill No. 448). An Act to amend Code Section 30-123, relating to the relief of disabilities, so as to provide that the notice of application to remove disabilities shall be published once a week for four (4) weeks next preceding the term of court at which the martial disabilities are removed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 30-123, relating to the relief of disabilities is hereby amended by striking therefrom the words and figures sixty (60) days before and in lieu thereof inserting the words four consecutive weeks next preceding, so that when so amended Code Section 30-123 shall read: Code 30-123 amended. 30-123. When any person laboring under disabilities imposed by the granting of a divorce shall desire to be relieved of the same, such person shall file in the superior court of the county wherein the divorce was granted, a petition in which there shall be stated the date of the application for the divorce, which petition shall be filed with the clerk of the superior court of said county. Notice of said application shall be published for four consecutive weeks next preceding the first day of the term of the court to which the same is returnable in a newspaper wherein the legal advertisements of the ordinary or sheriff of such county are published, and where and when the same is to be heard; and if the divorced person is in life and resides in the county, such divorced person shall be served personally with a notice of such application 20 days before the first term of the court to which the same is returnable. Petition for relief. Advertisement.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. DEPARTMENT OF PUBLIC SAFETYUNIFORM DIVISION. No. 368 (House Bill No. 562). An Act to amend an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. L. p. 322), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 635), and an Act approved March 1, 1955 (Ga. L. 1955, p. 298), so as to provide for a Training and Indoctrination Officer with rank and pay of captain; to provide for subsistence; 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, approved March 19, 1937 (Ga. L. p. 322), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 635), and an Act approved March 1, 1955 (Ga. L. 1955, p. 298), is hereby amended by striking Section 2 of Article II in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. 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; Training and Indoctrination Officer 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.

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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 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

Page 575

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 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. Subsistence allowances shall be not less than $4.00 per day for troopers and officers. Said subsistence allowance is hereby made mandatory in the sum of not less than $4.00 per day and not more than $5.00 per day, and shall be in addition to all salaries and/or compensation.

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In addition to the above officers, non-commissioned 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 employees 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 and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. OLD-AGE AND SURVIVORS INSURANCE. No. 369 (House Bill No. 623). An Act to amend an Act approved December 21, 1953, (Ga. L. 1953, p. 294) which Act makes provisions for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors

Page 577

insurance provisions of Title II of the Federal Social Security Act, so as to provide for declaration of policy; to provide for definitions; to provide for Federal-State agreements; to stipulate separate retirement systems with respect to political subdivisions; to provide plans for coverage; to establish a Social Security coverage group; to provide for the administration thereof, and authorize extension of Social Security coverage for said group; to authorize a referendum and certify results thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The Act approved December 21, 1953, whose caption is set forth in the caption hereof (Acts of 1953, page 294) is hereby amended by striking in its entirety Subsection (a) of Section 4 but not the paragraphs thereunder, which subsection relates to plans for coverage, and inserting in lieu thereof the following to wit: (a) Each political subdivision of the State is hereby authorized to submit for approval by the State agency a plan for extending the benefits of Title II of the Social Act, in conformity with applicable provisions of such Act, to employees of such political subdivision, and the Adjutant General, acting on behalf of this State, is authorized to submit and enter into a similar plan with the State agency for extending said benefits to the civilian employees of the National Guard units of this State, who are, for the purposes of this Act, deemed to be a separate coverage group as provided for in the Federal Social Security Act. Each such plan and any amendments thereof shall be approved by the State agency if it finds that such plan, or such plans as amended, is in conformity with such requirements as are provided in regulations of the State agency, except that no such plan shall be approved unless: Sec. 4, Act of 1953, amended. Section 2. Nothing contained in this Act shall be construed

Page 578

to deem or designate the civilian employees of the National Guard units of this State to be employees of this State. Section 3. Repeal. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Section 4. Effective date. This Act shall take effect immediately upon its passage and approval by the Governor. Approved March 9, 1956. STATE PARKS. No. 371 (House Bill No. 482). An Act to repeal an Act of the General Assembly of 1943 entitled: An Act to authorize and direct the Governor to appoint an advisory committee in each county in which a State park is located and operated, and for other purposes, (Ga. L. 1943, page 223); and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of 1943 entitled An Act to authorize and direct the Governor to appoint an advisory committee in each county in which a State park is located and operated; and for other purposes, (Ga. L. 1943, p. 223) be and the same is hereby repealed in its entirety. Act of 1943 repealed. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1956.

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STATE BOARD OF SOCIAL SECURITYDIRECTOR'S SALARY. No. 374 (House Bill No. 501). An Act to amend an Act approved the 6th day of March, 1945, to provide for fixing the salary of the Director of the State Board of Social Security at ten thousand ($10,000) dollars per annum and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That the Act approved March 6, 1945, be and is hereby amended by striking the words and figures seven thousand ($7,000) dollars and substitute in lieu thereof the words and figures ten thousand ($10,000) dollars so that said section as amended shall read as follows: Section 1. That from and after the approval of this Act, the Governor is authorized to fix the salary of the Director of the State Board of Social Security in an amount not to exceed ten thousand ($10,000) dollars per annum, and the amount now provided by law shall be the minimum. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1956. THROWING OF TRASH ON PUBLIC WAYS. No. 376 (Senate Bill No. 44). An Act to amend an Act prohibiting the throwing or depositing of trash or garbage upon public roads or property; providing for the erection of signs warning of penalty for violation of said Act, approved February

Page 580

18, 1955 (Ga. L. 1955, p. 198) so as to provide the Uniform Division of the State Department of Public Safety with the jurisdiction and power to enforce said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting the throwing or depositing of trash or garbage upon public roads or property; providing for the erection of signs warning of penalty for violation of said Act, approved February 18, 1955 (Ga. L. 1955, p. 198), is hereby amended by adding a new section, to be known as Section 3A, and to read as follows: 3A. In addition to enforcement of this Act by city and county authorities, it shall also be the duty of the Uniform Division of the Department of Public Safety to help enforce this law in all State highways right-of-way in Georgia. Enforcement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. PARDON AND PAROLE BOARDADVISORY STAFF. No. 377 (House Bill No. 65). An Act to amend an Act creating the State Board of Pardons and Paroles approved February 5, 1943 (Ga. L. 1943, p. 185) so as to create an advisory staff as a division thereof; to define the qualifications and functions of members of said staff; to fix their compensation; to provide for the screening of applications for parole of sex criminals; to provide for sanity trials for sex criminals discharged at the expiration of penal

Page 581

sentences; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Pardons and Paroles approved February 5, 1943 (Ga. L. 1943, p. 185) is hereby amended, effective upon approval hereof, by adding a new section thereto, designated Section 11-A, to read as follows: 11-A. There is hereby created within the State Board of Pardons and Paroles as a division thereof, an advisory staff to consist of professional members as follows: two medical experts qualified to practice medicine in this State, each of whom shall be licensed to practice medicine in Georgia and in addition shall have completed sufficient post-graduate work in mental diseases and disorders to be eligible for certification by the American Board of Psychiatry and Neurology, and one legal expert who is a member of the Attorney General's office and who shall have had not fewer than seven years of active trial practice as an attorney at the bar of this State. Advisory staff. Section 2. Said Act is further amended by adding a new section thereto, designated Section 11-B to read as follows: 11-B. The professional members of said advisory staff shall be appointed by the Governor. The terms of office of members initially appointed shall commence on the date of the appointment and shall end with that of the incumbent chairman of the State Board of Pardons and Paroles. Terms of office of subsequent appointees shall begin and end with that of the chairman of the State Board of Pardons and Paroles. Appointment, terms. Section 3. Said Act is further amended by adding a new section, designated Section 11-C to read as follows: 11-C. The members of said staff shall be compensated from appropriations made for the maintenance of the State Board of Pardons and Paroles, as follows: the professional medical members not more than fifty dollars per diem for each day of service required of them by the State Board of Pardons and Paroles, together with such allowances for travel appropriate to the proper execution of their duties as required by law. Provided, however, that any compensation or salary scale must be approved by the Budget Commission. The member from the Attorney General's office shall receive no additional compensation for service on said board other than travel allowance. Compensation.

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Section 4. Said Act is further amended by adding a new section, designated Section 11-D, to read as follows: 11-D. It shall be the duty of the professional staff, when called upon by the State Board of Pardons and Paroles, to examine carefully, persons incarcerated in any penal institution of this State whose application for parole is before the board and advise with respect to whether the subject be mentally and morally capable of maintaining himself, or herself, outside a penal institution; whether there by any latent or unconscious mental or moral impairment reasonably calculated to render the subject a dubious parole risk; whether such subject would likely respond to psychiatric treatment. Said staff shall, after full examination file with the chairman of the State Board of Pardons and Paroles its findings and observations, wherein shall be contained any observations or findings not mentioned herein which might have bearing on the subject's entitlement to parole. Methods of examination of parolees shall conform to diagnostic procedures usually employed in medical practice by specialists in mental and nervous diseases and disorders. Duties. Section 5. Said Act is further amended by adding a new section, designated Section 11-E, to read as follows: 11-E. For the purposes contemplated herein, sex crimes are (1) rape; (2) assault with the intent to rape;

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(3) sodomy; (4) kidnapping a female by a male; (5) incest; (6) molesting children to gratify a sex urge. Persons convicted of a sex crime shall be examined not more than 60 days prior to becoming eligible for parole, by the advisory staff when requested to do so by the State Board of Pardons and Paroles. Said staff may, after careful examination and diagnosis, make known to the State Board of Pardons and Paroles whether the subject so examined, has any mental, moral or physical impairment which would render release unadvisable. Not less than ninety days prior to the expiration date of the penal sentence of any such offender, that is to say, any person convicted of a sex crime the chairman of the State Board of Pardons and Paroles, when he considers it necessary, may direct the advisory staff to complete the same character of examination and report on each of such persons as is required in connection with an application for parole. Those reports of examination as would fail to support an application for parole shall be furnished to the solicitor-general of the judicial circuit wherein lies the county of residence of the offender, or in the event such person be a non-resident of this State, then to the solicitor-general of the judicial circuit wherein lies the county in which the indictment, trial and conviction occurred. It shall thereupon be and become the duty of the solicitor-general to cause a lunacy warrant to be sued out in the manner and before the authority outlined and prescribed in statutes codified as Chapter 49-6 of the Code of Georgia of 1933. The procedure incident to the suing out of said lunacy warrant, the trial of the issues raised, the commitment and all else, except as hereinafter provided, shall be in all respects as prescribed in said statutes. The report of examination so furnished the solicitor-general shall, notwithstanding other provisions of law, be deemed a sufficient cause and basis for the issuance of a lunacy warrant. Examinations Section 6. Said Act is further amended by adding a new section, designated Section 11-F, to read as follows: 11-F. In the accomplishment of the aforementioned

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duties, officers, agents and employees of this State, and of each subdivision thereof, having the custody of prisoners, shall be required to lend full cooperation to said advisory staff in the accomplishment of their duties under this amendatory Act. Records shall be filed with the State Board of Pardons and Paroles and kept in the individual case folder of the persons concerned and made available to the State Board of Pardons and Paroles and to members of the advisory staff. Provided, however, said records shall be confidential and shall not be disclosed except to the above named persons and except as provided now by an Act of the General Assembly providing for the disclosure of the records of the State Board of Pardons and Paroles in certain instances. Records. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8. If any clause, sentence, paragraph, section or part of this Act shall for any reason be declared unconstitutional it shall not affect the validity of any remaining part of this Act. Approved March 9, 1956. STATE BOARD OF VETERANS' SERVICE. No. 378 (House Bill No. 335). An Act to amend an Act providing for an integrated veterans' service of Georgia and creating a State Department of Veterans' Service, approved March 8, 1945 (Ga. L. 1945, p. 319), as amended, so as to provide for the compensation of the members of the State Board of Veterans' Service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for an integrated veterans'

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service of Georgia and creating a State Department of Veterans' Service, approved March 8, 1945 (Ga. L. 1945, p. 319), as amended, is hereby amended by striking from Section 2, the last paragraph and in lieu thereof inserting the following: Members of the board shall be compensated in the amount of $20.00 per day for each board meeting and the actual traveling expenses and actual expenses incurred upon attendance of meetings of the board so that Section 2 as so amended shall read: Section 2. The State Board of Veterans' Service shall meet once each month in the offices of the State Department of Veterans' Service, and at such meetings shall give attention to all things and matters properly coming under the jurisdiction of the board. The meetings herein provided shall be for stated regular periods, but shall not exceed more than two days in any one session. Call meetings of the board may be had by the chairman thereof or by the Director of Veterans' Service. Members of the board shall be compensated in the amount of $20.00 per day for each board meeting and the actual traveling expenses and actual expenses incurred upon attendance of meetings of the board. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. RESTORATION TO SANITY. Code 35-236, 35-237 Amended. No. 379 (House Bill No. 141). An Act to amend an Act relating to sanity of insane persons, approved March 27, 1947 (Ga. L. 1947, p. 1174), as amended by an Act approved February 15,

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1952 (Ga. L. 1952, p. 188), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 353), so as to provide that said Act shall apply to a determination of a person's sanity; to provide that under certain conditions, a release from Milledgeville State Hospital shall remove the necessity of filing a petition under the Act for restoration of sanity; to provide for the filing of orders and the transmittal of copies thereof; to provide for oral testimony and testimony by deposition; to prescribe the procedure connected with the foregoing; to amend Sections 35-236 and 35-237 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. L. 1955, p. 347), so as to provide for jury trials in county from which committed rather than in Baldwin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the restoration to sanity of insane persons, approved March 27, 1947 (Ga. L. 1947, p. 1174), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 188), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 353), is hereby amended by adding a new section thereto, to be known as Section 1A, to read as follows: Section 1A. The procedure provided for in this Act may be used by a person who has been adjudged a lunatic or a person of unsound mind, seeking to be judicially restored to sanity, and such procedure shall be a determination of sanity, as well as a determination of whether the guardian, if any, of such person may be dismissed. Restoration procedure. Section 2. Said Act is further amended by adding a new section thereto, to be known as Section 1B, to read as follows: Section 1B. In the event a person who has been committed

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to Milledgeville State Hospital is released therefrom as being sane, under order of the superintendent, a copy of such order shall be transmitted by the superintendent, within five (5) days of the date of such order, to the ordinary of the county from which such person was committed, and thirty (30) days from the date of the receipt of such copy by the ordinary, such person shall be deemed to have been legally restored to sanity, and it shall be the duty of the ordinary to issue an order to that effect and enter such order on his minutes along with a copy of the order of the superintendent, and such person shall not be required to follow the procedure provided for in this Act or any other law in order to be legally restored to sanity. In the event a person is released from Milledgeville State Hospital as being improved, under order of the superintendent, a copy of such order shall be transmitted by the superintendent, within five (5) days of the date of such order, to the ordinary of the county from which such person was committed, and shall be filed with the commitment papers of such person. Notice to ordinary of release from State Hospital. Section 3. Said Act is further amended by striking Section 3 in its entirety, and inserting in lieu thereof a new Section 3, to read as follows: Section 3. Said commission shall convene after the expiration of the ten day notice provided for herein, shall examine the petitioner, shall hear such testimony, either orally or by deposition, as it deems necessary, and shall return its verdict and findings to the court within a period of thirty days from the issuance of said commission. Testimony of any official or employee of the Milledgeville State Hospital shall be taken only by deposition. The originals or copies of records of such hospital shall be furnished, and copies thereof shall be admissible in the proceedings under this section. Said verdict, if it complies with the law as to form, shall be approved by the ordinary, and immediately filed and recorded upon his minutes, and in the absence of appeal, shall constitute a final judgment, binding upon all parties, as to the mental

Page 588

condition of the applicant on the date of the return of said verdict by said commission. It shall be the duty of the ordinary, within ten (10) days of such verdict, to transmit a certified copy thereof to the Superintendent of the Milledgeville State Hospital, where it shall be filed permanently in the records of such hospital. Commission hearing. Section 4. Section 35-236 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. L. 1955, p. 347), is hereby amended by striking said section in its entirety, and inserting in lieu thereof a new Section 35-236, to read as follows: Code 35-236 amended. 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 by a jury, which shall be had, as hereinafter provided, in the superior court of the county from which such person was committed. Procedure for restoration trial. The petition herein provided for shall be filed in such superior court, and 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 shall stand for trial at the second term, and said case shall be subject in either event to continuance, as provided in other cases. Section 5. Section 35-237 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 321), and an Act approved

Page 589

March 3, 1955 (Ga. L. 1955, p. 347), is hereby amended by striking said section in its entirety, and inserting in lieu thereof a new Section 35-237, to read as follows: Code 35-237 amended. 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 friend 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 superintendent in the manner provided in that Act of the General Assembly approved February 16, 1945 (Ga. L. 1945, p. 147), or in any manner now or hereafter provided for by law. 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 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 judgement rendered in said trial. Same. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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GAME AND FISH LAW AMENDED. No. 380 (House Bill No. 113). An Act to amend an Act approved March 7, 1955 (Ga. L. 1955, p. 483) comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, by providing that all sport hunting and fishing licenses (except permanent honorary licenses) commercial fishermen's licenses, and commercial fishermen's boat licenses, shall be effective from April 1 of the year of issuance through March 31 next succeeding; to remove the exemption from commercial fresh water licenses as to persons using not more than twenty (20) hooks; to define the scope of condemnation of power drawn nets illegally used; to repeal the provisions relating to posting and registration of land; to require a license of persons hunting or capturing alligators and define the terms and conditions thereof; to require a license of persons engaging the business of buying and selling hides, furs and pelts, and their agents; to permit the taking of spawning female crabs at certain seasons of the year; to repeal the prohibition against heading shrimp or prawn on the fishing grounds; to provide for the use of power-drawn nets in the salt waters of this State in certain instances, and to require bond of persons using such nets for the taking of shrimp to be used as live bait, in certain instances; to prohibit the sale of fresh water game fish except in stated circumstances; to repeal certain local laws and general laws of local application relating to fishing with seines, hunting, and trapping in certain counties in this State; to provide for the confiscation of furs, hides and pelts illegally taken and define the procedure therefor; to provide penalties for violation hereof; to prohibit the taking or capturing at night of fish by use of gigs, spears or firearms; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 591

Section 1. An Act approved March 7, 1955 (Ga. L. 1955, p. 483) comprehensively and exhaustively revising and superseding the laws relating to the Game and Fish Commission and to game and fish, is hereby amended by adding after Section 31 thereof, relating to resident sport licenses, a new section to be known as Section 31A and to read as follows: Act of 1955 amended. Section 31A. All sport licenses issued under Section 30 and 31 herein, or as provided in that part of that Act approved February 8, 1955 (Ga. L. 1955, p. 158) which was adopted by Section 31 herein, except daily permits issued to non-residents under Section 30, and honorary licenses issued under Section 31 which are hereby declared to be permanent, shall be effective from April 1 until March 31 next following. Sport licenses. Section 2. Said Act is further amended by amending Section 91 thereof, relating to fresh water commercial fishing, by repealing Subsection (j) thereof, relating to the exemption as to sport fishermen not using more than twenty (20) hooks. Sec. 91 amended. Section 3. Said Act is further amended by amending Section 37 thereof, relating to the commercial fisherman's personal licenses, by striking therefrom the second sentence which reads as follows: Such license shall be obtained from the commission and shall be effective for a period of 12 months from the date of issuance, and by substituting in lieu thereof the following: Such license shall be obtained from the commission and shall be effective from April 1 through March 31 next following., so that said section, when so amended, shall read as follows: 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 and shall

Page 592

be effective from April 1 through March 31 next following. 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 fisherman's personal license. Section 4. Said Act is further amended by amending Section 34 thereof, relating to commercial boat licenses, by striking from Subparagraph (c) thereof the phrase, 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., and by adding to said Subparagraph (c) the following: The licenses issued under this section (Section 34) either to residents or non-residents or aliens, shall be effective from April 1 through March 31 next following., so that said Sub-paragraph (c) of Section 34, when so amended, shall read as follows: (c). The license fees for commercial boats required under this section shall be as follows: Commercial boat licenses. 1. Boats under 16 feet long and under 4 foot 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,

Page 593

owned in whole or in part by such non-resident or alien. The licenses issued under this section (Section 34) either to residents or non-residents or aliens, shall be effective from April 1 through March 31 next following. Section 5. Said Act is further amended by amending Section 94 thereof, relating to the use of power-drawn nets in the taking of fish, shrimp and crabs, by striking Paragraph (e) thereof relating to confiscation of nets illegally used, and by substituting in lieu thereof a new paragraph to read as follows: (e) Any net used in violation of this section, or in violation of Section 94A, as hereinafter provided, shall be seized by any sheriff or other arresting officer (including wildlife rangers and other agents or representatives of the Game and Fish Commission) who shall report the same, within ten (10) days after said seizure, to the solicitor of the county, city or superior court having jurisdiction thereof in the county where the seizure was made, whose duty it shall be, within ten (10) days from receipt of such notice, to institute condemnation proceedings in said court by petition, a copy of which shall be served on the owner, if known, and if such owner is unknown notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. This paragraph shall apply even as to nets which were owned by a person, firm or corporation other than the person illegally using same, in those cases where such owner either loaned such nets to the person illegally using same, or where the latter had legal custody or possession thereof by virtue of a contract of leasing, bailment, renting, conditional sales contract, bill of sale to secure debt, or contract of employment, and in such case, notice shall be given to such owner as hereinbefore provided, as the case may be. If no defense shall be filed within thirty days from the filing of such 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

Page 594

shall be sold by order of court after such advertisement as the court may direct. The proceeds thereof shall be applied: Power-drawn nets. 1. To the payment of the expenses in said case, including the expenses incurred in the seizure; 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 funds of, and become the property of such county. Section 6. Said Act is further amended by striking therefrom and repealing in their entirety, Sections 41, 42, 43 and 44, all relating to posting of land and registration, the General Assembly recognizing that these provisions are no longer necessary, adequate provision having been made therefor in Sections 65 and 81 of said Act. From and after approval of this Act, the clerks of the several superior courts of this State are hereby authorized to destroy or otherwise dispose of the books previously required by Section 43 of said Acts, which was herein repealed. Posting of land and registration. Section 7. Said Act is further amended by striking the numerals 10 following the word section, on page 492 and in lieu thereof inserting the numerals 19. Section 8. Said Act is further amended by adding at the end of Section 31 thereof, as hereinbefore amended,

Page 595

a new section to be known as Section 31 B, which shall read as follows: 31B. It shall be unlawful for any person to hunt, trap, or in anywise engage in the activity of capturing alligators without first obtaining from the commission, a special annual alligator hunter's license, for which shall be charged a fee of $5.00 as to residents, and $25.00 as to non-residents, the additional costs for the latter being to defray the additional cost of policing and regulation, said licenses to be effective from April 1 in the year which issued through March 31 of the year next succeeding. The open season for hunting and trapping alligators shall be from June 1 to January 31, and no alligator shall be killed or captured which is less than 5 feet in length. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Alligators. Section 9. Said Act is further amended by adding at the end of Section 31B thereof, a new section to be known as Section 31C, and which shall read as follows: 31C. (1) No person, firm or corporation shall engage in the business of buying and selling furs, hides and pelts of wildlife as herein defined, including alligator hides, without first obtaining from the commission an annual license, for which shall be charged a fee of $100.00 for residents, and $200.00 for non-residents, the additional cost for the latter being to defray the additional cost of policing and regulation, said licenses to be effective from April 1 in the year which issued through March 31 of the year next succeeding. Furs, hides, pelts. (2) No person shall act as agent for another in the buying or selling of such furs and hides above referred to, without first obtaining from the commission an annual agent's license, for which shall be charged a fee of $5.00, for both resident and non-resident agents, said license to be effective from April 1 in the year which issued, through March 31 of the year next succeeding.

Page 596

(3) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Section 10. It shall be unlawful for anyone to catch crabs for commercial purposes within 100 feet of the property line of any resident or any extension of his dock. Crabs. Section 11. Said Act is further amended by striking therefrom Section 93, relating to heading shrimp or prawn on the fishing grounds. Section 12. Said Act is further amended by striking therefrom Paragraph (a) of Section 94, relating to the use of power-drawn nets for the taking of shrimp, and by substituting in lieu thereof the following: Shrimp. (a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the tidal or salt waters of this State between January 1 and March 15 of any year. The State Game and Fish Commission shall have the power to open any portion of the offshore waters of this State to commercial shrimping, during the period herein stated, when the count of shrimp in such portion of the offshore waters count no more than 55 shrimps with heads on to the pound. Officers, agents, or representatives duly authorized by the State Game and Fish Commission shall determine by inspection when the count of shrimp in such portions of the offshore waters are of a count not greater than 55 shrimps with heads on to the pound, and findings by said duly authorized officers, agents, or representatives shall be conclusive as to the count of shrimp per pound. In order to inform commercial fishermen of the opening of said waters as herein provided, the State Game and Fish Commission shall post notices at the court house and on all shrimp docks in the county in which such offshore waters lie, or in each county in which such offshore waters lie, should they lie in more than one county, and by any other means as may appear feasible. Commercial shrimping. Section 13. Said Act is further amended by striking

Page 597

therefrom Paragraph (b) of Section 94, relating to taking of shrimp, crabs and fish with nets other than cast nets, and by substituting in lieu thereof the following: (b) Except as otherwise specifically provided, it shall be unlawful to fish at any time with nets, other than cast nets, except for shad or sturgeon, in any of the tidal rivers, tidal sounds, tidal bays, and tidal creeks of this State. Net fishing. Section 14. Said Act is further amended by striking therefrom Paragraph (c) of Section 94, relating to the election for opening sounds to fishing with power nets, and by substituting in lieu thereof the following: (c) Except as otherwise specifically provided, it shall be unlawful to take shrimp in any of the sounds of this State with a net, other than cast nets, except that the taking by nets in such sounds may be lawful between March sixteenth and December thirty-first of each year if authorized pursuant to an election first called in the county in which such sound lies, or in each county in which such sound lies, if the same is in more than one county, to determine the desire of the people of such county or counties with respect to the opening of such sound. Such election shall be called by the ordinary of the county in which the sound lies, or by the ordinary of each county where the sound lies in more than one county, upon the filing of a petition by ten percent (10%) of those voters of such county who were qualified to vote at the last general election for members of the General Assembly. If the sound lies in more than one county, the election need not be held on the same day in each county. Such elections shall be called within sixty (60) days from the filing of the petition. At such election 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: Shrimp fishing in sounds. To open.....sound to shrimp trawling. Against opening.....sound to shrimp trawling. In the event the majority of the voters voting in said election vote in favor of opening such sound, it shall be the duty of the State Game and Fish Commission to declare such sound open for commercial 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, however, that any county or counties voting to open the sounds within said county or counties under an Act approved February 12, 1952 (Ga. L. 1952, p. 77) shall not be required to hold an election to open said sounds under this section; that the county or counties opening said sounds under the Act approved February 12, 1952 (Ga. L. 1952, p. 77), shall be subject to all provisions of this section except as herein provided.

Page 598

Section 15. An Act approved March 12, 1935 (Ga. L. 1935, p. 377) relating to the taking of fish in the Broad River with seines, and an Act approved March 24, 1941 (Ga. L. 1941, p. 371) relating to the taking of fish with seines in the Savannah River, and Acts approved August 24, 1931 (Ga. L. 1931, p. 169) and March 23, 1933 (Ga. L. 1933, p. 150) and March 24, 1933 (Ga. L. 1933, p. 149) and January 13, 1938 (Ga. L. 1937-38 Ex. Sess., p. 817), all relating to fishing with baskets and seines in waters in certain counties in this State, are hereby repealed, it being the intention to remove any existing doubt as to the intention of the General Assembly to have repealed these laws in the comprehensive Act approved March 7, 1955 (Ga. L. 1955, p. 483). Acts repealed.

Page 599

Section 16. Acts approved August 24, 1929 (Ga. L. 1929, p. 272) and August 21, 1929 (Ga. L. 1929, p. 270) and August 25, 1931 (Ga. L. 1931, p. 178) and August 28, 1931 (Ga. L. 1931, p. 181) and February 15, 1933 (Ga. L. 1933, p. 156) and February 7, 1933 (Ga. L. 1933, p. 157) and December 31, 1937 (Ga. L. 1937-38 Ex. Sess., p. 256), and March 24, 1939 (Ga. L. 1939, p. 204), and March 27, 1941 (Ga. L. 1941, p. 343), all relating to hunting in certain counties in this State, are hereby repealed, it being the intention to remove any doubt as to the intention of the General Assembly to have repealed these laws in the comprehensive Act approved March 7, 1955 (Ga. L. 1955, p. 483). Acts repealed Section 17. Acts approved August 21, 1929 (Ga. L. 1929, p. 333) and August 14, 1931 (Ga. L. 1931, p. 167) and July 27, 1929 (Ga. L. 1929, p. 244) and March 24, 1939 (Ga. L. 1939, p. 382), relating to trapping and sale of fur-bearing animals, including foxes, are hereby repealed, it being the intention to remove any existing doubt as to the intention of the General Assembly to have repealed these laws in the comprehensive Act approved March 7, 1955 (Ga. L. 1955, p. 483). Acts repealed Section 18. Said Act of 1955 previously referred to is further amended by adding after Section 70 thereof, a new section to be known as Section 70A, and to read as follows: 70A. Wildlife rangers, sheriffs and other peace officers of this State or any county or municipality thereof shall seize any furs, hides or pelts taken, captured or killed in violation of the wildlife laws and regulations, which shall be sold or disposed of in such manner as the Director of the Game and Fish Commission may direct, anytime after the expiration of 30 days following such seizure, unless the owner thereof files claim within such time in the city, county or superior court having jurisdiction in the county where such seizure was made, which claim shall be tried as other civil cases in said court. Furs, hides, pelts. Section 19. Said Act is further amended by adding

Page 600

at the end of Section 94, a new Section to be known as Section 94A, and to read as follows: 94A. Fishing for bait in salt waters. 1. Any other provision of this Act to the contrary notwithstanding, any person may use a power-drawn net at any time in any of the salt waters of this State, not to exceed ten feet (10) at the widest part of its mouth for the purpose of taking shrimp to be used as live bait, provided that such shrimp are not to be sold, but are to be used by the person catching same, his friends or relatives. Power-drawn nets. 2. No person shall engage in the taking of shrimp for live bait to be sold, unless such person first executes bond in the amount of $1,000.00, payable to the Governor, in such form and with such sureties as the commission may require, and conditioned upon the faithful compliance by such person with all the laws and regulations relating to game and fish. Such bond shall be in addition to the boat licenses (where applicable) required by Section 34 of this Act, as amended, and the commercial fisherman's license required by Section 37 herein, as amended, and notation of execution of such bond shall be stamped or endorsed on the applicant's commercial fisherman's license. Such commercial fishermen qualifying under this paragraph shall be authorized to use power-drawn nets at any time in any of the salt waters of this State not laregr than twenty feet (20) at the widest part of their mouth. 3. Any person, firm or corporation violating any provisions of Paragraph 2 above, or who sells or otherwise disposes for human consumption any shrimp caught for bait as provided in Paragraph 2 above, or who possesses same for the purpose of sale or other disposition for human consumption, shall be guilty of a misdemeanor and punished as provided by law. Section 20. Said Act is further amended by adding at the end of Section 94A, a new section to be known as 94B, and to read as follows:

Page 601

94B. Taking of crabs with power-drawn nets between January 1st and March 15th. (a) It shall be unlawful to take crabs with power drawn nets between January 1st and March 15th, inclusive, of each year in the outside salt waters and such sounds which have been opened to commercial shrimp trawling under provisions of law, or which are hereafter opened to commercial shrimp trawling under provisions of law, unless the webbing used in the construction of such power-drawn nets so used shall be of a minimum mesh size of four inches when stretched. Crabs. (b) The presence of a net of a mesh size smaller than four inches, when stretched, on board any boat or vessel fishing for crabs, as provided in this section, shall be prima facie evidence of a violation of this section. (c) Any person, firm, or corporation violating this section shall be guilty of a misdemeanor and punished as provided by law. Section 21. Said Act is further amended by striking the word lawful in the first line of Section 98 thereof and inserting in lieu thereof the word unlawful. Section 22. Said Act is further amended by adding after Section 84 thereof a new section to be known as 84 (A), and which shall read as follows: 84 (A): It shall be illegal for any person to take, capture, or kill at night, any fish in any of the tidal waters of this State by use of any gig, spear, firearm or other similar instrument, and any person violating any provision of this section shall be guilty of a misdemeanor and punished as provided by law. Fishing with gigs, spears, etc. Section 23. Said Act is further amended by striking Paragraph (a) of Section 63 thereof, relating to the taking of rabbits, and by substituting in lieu thereof a new Paragraph (a) to read as follows:

Page 602

(a) No person shall take or kill rabbits or hares in this State except during the lawful hunting season, which shall be prescribed by regulation of the commission; provided, however, that minors not over sixteen (16) years of age may at any time trap or capture rabbits or hares by use of rabbit boxes or similar traps, subject, however, to the provisions of the paragraph of this section hereafter following. Rabbits and hares Section 24. (a) Said Act is further amended by striking therefrom Paragraph (a) of Section 86, relating to the placing of traps, nets, seines, or other devices in rivers, creeks and streams. (b) Paragraph (b) of said section, relating to the placing of traps and baskets in any waters of this State, is hereby amended by inserting after the word basket in the third line thereof, the words nets, seines, and by designating said paragraph as Paragraph (a), and Paragraph (c) of said section as Paragraph (b), so that said Paragraph (a) (previously Paragraph (b)), when so amended, shall read as follows: (a) 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, nets, seines or similar device for the purpose of catching fish, except as specifically authorized by laws, 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 devices, upon discovery of same, and report that fact to the commission. Traps, baskets. etc. Section 25. Said Act is further amended by striking therefrom Section 20, relating to the patrolling of coastal waters, and by substituting in lieu thereof the following: Section 20. To facilitate the inspection and patrolling of the wildlife resources of this State, and to assist in the better enforcement of the laws, rules and regulations

Page 603

relating to wildlife, the 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 equipment to be used for such patrolling and inspection. Aircraft. Section 26. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. JUVENILE COURTSJURISDICTION. No. 381 (House Bill No. 353). An Act to amend an Act establishing juvenile courts and providing the procedure connected therewith, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, so as to give the jurisdiction to the juvenile courts relative to proceedings concerning an adopted child under seventeen years of age whose adoptive parents fail to faithfully perform their oblgations; 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. L. 1951, p. 291), as amended, is hereby amended by adding at the end of Section 9 a paragraph to read as follows: The juvenile court shall also have original jurisdiction concerning any child under seventeen years of age who has been adopted and whose adoptive parents fail to faithfully perform their obligations to such child. The court may act upon a complaint or petition substantially conforming to the procedure and form prescribed hereinafter. Adopted children.

Page 604

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. MILK DEALERSINSPECTION. No. 382 (House Bill No. 605). An Act to amend an Act relating to the sale, inspection, importation and distribution of fluid milk for human consumption, approved February 15, 1950 (Ga. L. 1950, p. 167), so as to provide for inspections; to provide a penalty for violation; to provide for inspection fees; to provide 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 relating to the sale, inspection, importation and distribution of fluid milk for human consumption, approved February 15, 1950 (Ga. L. 1950, p. 167), is hereby amended by striking Section 4 in its entirety, and inserting in lieu thereof the following: Section 4. The Commissioner of Agriculture shall have the power and authority, upon finding that any person, firm or corporation doing business in this State has violated any of the laws, rules or regulations promulgated under this Act, place an inspector in said place of business, and charge the expense of said inspector, not to exceed twenty-five ($25.00) dollars per day, to said plant. Said plant may request a hearing on any charge of violation within two days and after request for hearing the charges of inspector shall cease until said hearing which shall be held within ten days. Should it be found that the law, rules or regulations have been violated the Commissioner of Agriculture may assess a fine not in excess of five hundred ($500.00) dollars. Inspectors.

Page 605

The Commissioner of Agriculture, may in his discretion, upon a second offense being established, revoke the license or permit of the person, firm or corporation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. DEPARTMENT OF PUBLIC SAFETYENFORCEMENT OF SEGREGATION. No. 383 (Senate Bill No. 152). An Act to amend an Act creating the Department of Public Safety and defining its duties and powers, approved March 19, 1937 (Ga. L. 1937, p. 322) as amended, more particularly as amended by an Act approved February 7, 1950 (Ga. L. 1950, p. 77) so as to provide that the State Patrol and Georgia Bureau of Investigation shall enter any county or municipality, upon request of any citizen or official thereof, to make arrests and otherwise enforce any laws of this State requiring segregation or separation of the white and colored races in any manner or activity; 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 Public Safety and defining its duties and powers, approved March 19, 1937 (Ga. L. 1937, p. 322) as amended, more particularly as amended by an Act approved February 7, 1950 (Ga. L. 1950, p. 77) is hereby amended by adding to Section 14 thereof, as amended, relating to arrests by the State Patrol, immediately following the third (3rd) unnumbered paragraph, the following: Notwithstanding the foregoing, it shall be the duty of members of the State Patrol and agents of the Bureau of Investigation to enter any county or incorporated municipality for the purpose of making arrests and otherwise enforcing any law of this State requiring segregation or separation of the white and colored races in any manner or activity, when request therefor is made by any citizen or official of such county or municipality.

Page 606

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. DISPOSITION OF PARK AND RECREATIONAL PROPERTY. No. 384 (House Bill No. 579). An Act to amend an Act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State and political subdivisions thereof, approved February 8, 1956, being Act No. 20 of the regular 1956 session of the General Assembly of Georgia, so as to provide that the provisions relative to advertising and bids shall not apply to the leasing of State parks or facilities if the lease involved is for a period of one year or less, nor to the exchange of State park property or interest therein on a dollar for dollar value basis; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State and political subdivisions thereof, approved February 8, 1956, being Act No. 20 of the regular 1956 session of the General Assembly of Georgia, is hereby amended by adding at the end of Section 3 the

Page 607

following: Provided, however, the provisions of this section shall not apply to the leasing of State parks or facilities therein if the lease involved is for a period of one year or less, nor shall the provisions of this section apply to the exchange of State park property or interest therein on a dollar for dollar value basis. Provided further, no lease for a term of more than one year, and no exchange of State park property shall be effective until the same shall be ratified by a two-thirds majority of the State Senate. so that when so amended, Section 3 shall read as follows: Section 3. Any sale, lease, grant, exchange or other disposal of any property under the provisions of this Act shall be made only after advertising such sale in the newspaper in which sheriff's advertisements are published for the county in which the land to be disposed of lies, once a week for four weeks. Such advertisements shall describe the property, shall state the manner of disposition to be made, shall specify the time and place of such disposition, and shall state that same will be made to the highest bidder. In the event the property to be sold shall lie in more than one county, such advertisement shall be run once a week for four weeks in the newspapers in which sheriff's advertisements are published for all such counties. All sales and other dispositions made under the provisions of this Act shall be made to the highest and best bidder for cash after advertisement as herein provided. Provided, however, that the selling or disposing authority shall have the right to reject all bids in the event the high bid shall prove unsatisfactory for any reason, and said property shall then be readvertised and disposed of under the provisions above set out. All State property required to be advertised under this bill shall also be advertised in two additional newspapers of general circulation in this State. Provided, however, the provisions of this section shall not apply to the leasing of State parks or facilities therein if the lease involved is for a period of one year or less, nor shall the provisions of this section apply to the exchange of State park property or interest therein on a

Page 608

dollar for dollar value basis. Provided further, no lease for a term of more than one year, and no exchange of State park property shall be effective until the same shall be ratified by a two-thirds majority of the State Senate. Advertisement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. INCOME TAX LAW AMENDED. Code 92-3120 Amended. No. 385 (House Bill No. 384). An Act to amend Section 92-3120 of the Code of Georgia, as amended, being a portion of the income tax laws of Georgia, by striking in its entirety Subsection (h) of said section, which was added thereto by an Act approved February 15, 1952 (Ga. L. 1952, pp. 308-309) and which provides that in case of a distribution in complete liquidation of a corporation, occurring within some one calendar month in 1951 or 1952, in accordance with the provisions of Section 112 (b) (7) of the Federal Internal Revenue Code effective on the date of passage of said subsection, gain to the distributees shall be recognized only in the manner and to the extent provided in said Section 112 (b) (7) of the Federal Internal Revenue Code, and by inserting in lieu thereof a new Subsection (h) providing that in case of a distribution in complete liquidation of a corporation, occurring within some one calendar month, in accordance with the provisions of Section 333 of the Federal Internal Revenue Code of 1954, effective on the date of the passage hereof, gain to the distributees shall be recognized only in the manner and to the extent provided in said Section 333 of the Federal Internal Revenue Code of 1954, as in effect on the date of the

Page 609

passage hereof; and by adding to said Section 92-3120 of the Code of Georgia a new subsection, to be designated as Subsection (j) thereof, providing that gain or loss on certain sales or exchanges of property by a corporation within a twelve-month period beginning on the date of adoption by such corporation of a plan of complete liquidation shall not be recognized; to provide for the effective dates of said amendments; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 92-3120 of the Code of Georgia, as amended, being a portion of the income tax laws of Georgia, is hereby amended by striking in its entirety Subsection (h) of said section, which was added thereto by an Act approved February 15, 1952 (Ga. L. 1952, pp. 308-309) and which provides that in case of a distribution in complete liquidation of a corporation, occurring within some one calendar month in 1951 or 1952, in accordance with the provisions of Section 112 (b) (7) of the Federal Internal Revenue Code effective on the date of passage of said subsection, gain to the distributees shall be recognized only in the manner and to the extent provided in said Section 112 (b) (7) of the Federal Internal Revenue Code, and by inserting in lieu thereof a new Subsection (h) to read as follows: (h) In case of a distribution in complete liquidation of a corporation, occurring within some one calendar month, in accordance with the provisions of Section 333 of the Federal Internal Revenue Code of 1954, effective on the date of the passage hereof, gain to the distributees shall be recognized only in the manner and to the extent provided in said Section 333 of the Federal Internal Revenue Code of 1954, as in effect on the date of the passage hereof. Distributees, liquidation of corporation. Section 2. Section 92-3120 of the Code of Georgia, as amended, is hereby amended by adding thereto a new

Page 610

subsection, to be designated as Subsection (j) and to read as follows: (j) No gain or loss shall be recognized to a corporation from the sale or exchange by it of property within the twelve-month period beginning on the date of the adoption by said corporation of a plan of complete liquidation if such gain or loss would not be recognized to such corporation for Federal income tax purposes under the provisions of Section 337 of the Federal Internal Revenue Code of 1954 effective on the date of the passage hereof. Section 3. The provisions of Section 1 of this Act shall be effective with regard to distributions occurring after the date of passage of this Act, and the provisions of Section 2 of this Act shall be effective with regard to sales and exchanges made by a corporation within the period designated therein beginning on the date of the adoption by said corporation, after the date of the passage of this Act, of a plan of complete liquidation. Section 4. If any provision of this Act, or the application thereof to any person or circumstances, is held un-constitutional, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Approved March 9, 1956. BILLIARD ROOMSLICENSES. Code 84-9925 Amended. No. 386 (House Bill No. 502). An Act to amend Code Section 84-9925 of the 1933 Code of Georgia, relating to violation of the law by billiard room licensees, so as to provide that the punishment for

Page 611

violations of Chapter 84-16 of the 1933 Code shall be punished as for a misdemeanor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-9925 of the 1933 Code of Georgia, relating to violations of the law by billiard room licensees, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows: 84-9925. Any licensees who shall knowingly violate any of the provisions of Chapter 84-16, relating to the regulations of billiard rooms shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor, and each violation thereof shall constitute a separate and distinct offense and be punishable as such. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. BOTTLED SOFT DRINKS. No. 389 (House Bill No. 263). An Act to provide for the licensing of manufacturers, bottlers and distributors of bottled soft drinks and soft drink syrup; to provide a license and renewal fee, to provide for the suspension and revocation of such licenses; to provide for a notice and hearing thereon; to provide for sanitary standards and specifications; to provide for rules and regulations; to define terms; to provide for inspections; to provide a penalty for violation; to provide for exceptions; to provide for the bottling of chocolate milk or chocolate drinks; to repeal conflicting laws; and for other purposes.

Page 612

Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following terms and definitions shall be construed to have the meaning indicated unless the context clearly indicates otherwise: (a) Person shall mean any person, firm, corporation, association, or any combination thereof. (b) Commissioner shall mean the Commissioner of Agriculture. (c) Bottled soft drink shall include any and all non-alcoholic beverages, whether carbonated or not, such as soda water, carbonated water, orangeade, lemonade, fruit juice when any plain or carbonated water, flavoring or syrup is added, or any and all preparations commonly referred to as soft drinks of whatever kind, which are closed and sealed in glass, paper, metal or any other type of container or bottle, whether manufactured with or without the use of any syrup. The term bottled soft drink shall not include fluid milk to which no flavoring has been added, or natural undiluted fruit or vegetable juice, but shall include the above when mixed with any syrup, flavoring, water or additive. Definitions. (d) Soft drink syrup shall include the compound mixture or the basic ingredients, whether dry or liquid, practically and commercially usable in making, mixing or compounding soft drinks at soda fountains by the mixing thereof with carbonated or plain water, ice, fruit, milk or any other product suitable to make a soft drink, or any such syrup used in the manufacture, bottling or distribution of a bottled soft drink. Section 2. In addition to the complying with the food laws of this State, no person shall manufacture, bottle or distribute for resale any bottled soft drink or soft drink syrup within this State unless he has a current license from the Commissioner. The license fee shall be $10.00. Licenses shall expire on December 31st of each year and

Page 613

shall be renewable upon payment of a renewal fee of $10.00 per annum or part thereof. The Commissioner shall determine the form of the license. Each place of business or bottling or manufacturing plant shall be required to obtain a separate license. Licenses. Section 3. The Commissioner is hereby charged with the enforcement of this Act and is hereby authorized to adopt sanitary standards and specifications for the manufacture, bottling and distribution of a bottled soft drink or a soft drink syrup. No person shall manufacture, bottle or distribute any bottled soft drink or soft drink syrup that has been produced, manufactured, bottled or distributed under sanitary conditions and specifications that are less than those adopted by the Commissioner. Provided however, that such standards and specifications shall be no less than those adopted pursuant to the food laws of this State. Administration of Act. Section 4. The Commissioner is hereby authorized to promulgate reasonable rules and regulations to effectuate the provisions of this Act. He shall employ the necessary personnel and fix their compensation to assist him in the administration of this Act. Rules and regulations. Section 5. Any license issued pursuant to the provisions of this Act may be suspended or revoked by the Commissioner for the violation of any of the provisions of this Act, or of any of the sanitary standards and specifications or rules and regulations issued pursuant to the provisions of this Act. The Commissioner shall notify the person whose license is to be suspended or revoked, by registered mail, of his intent to suspend or revoke the license and shall afford such person a hearing before him, within ten days after receipt of the notice, to show cause why the license should not be suspended or revoked. Suspension or revocation of licenses. Section 6. The Commissioner or his authorized representatives shall have access, at any reasonable hour, to any building, area, plant or vehicle used in

Page 614

the manufacture, bottling or distribution of a bottled soft drink or soft drink syrup, to inspect sanitary conditions therein. Inspections. Section 7. Any person who shall violate any of the provisions of this Act or any sanitary standard or specification or rule or regulation adopted pursuant hereto shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations. Section 8. Any dairy or milk processing or distributing plant licensed under other laws of the State of Georgia shall not be required to obtain the license provided herein but shall be subject to all other provisions of this Act. Milk. Section 9. No person licensed under the provisions of this Act and no dairy or milk processing or distributing plant licensed under other laws of this State shall manufacture any chocolate milk or chocolate drink by the use of other than Grade A fluid milk or Grade A fluid skim milk. Same. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. VITAL STATISTICS. No. 390 (House Bill No. 475). An Act to amend an Act providing for the furnishing to veterans of certain vital statistics, approved February 18, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 117), so as to remove the provision requiring the certificate that the veteran or his legal representative, or dependent is unable to pay for the same; to repeal conflicting laws; and for other purposes.

Page 615

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the furnishing to veterans of certain vital statistics, approved February 18, 1953 (Ga. L. 1953, Jan.-Feb. Sss., p. 117), is hereby amended by striking Paragraph (c) of Section 1 which reads: (c) The veteran, a dependent of a deceased veteran, or the legal representative of a veteran, certifies that he is unable to pay for the same. so that Section 1 as so amended shall read: Section 1. Any agency of this State or any county official whose duty is to provide copies or other evidence of the marital, birth, divorce, or death status of persons of this State, shall furnish veterans, dependents of deceased veterans, the Veterans' Administration or any veterans' organization, such copies or other evidence free of charge upon the following conditions: Copies of records to Veterans. (a) Where such copies or other evidence are to be used in proceedings for establishing disability or death claims with the Veterans' Administration; and (b) The request is made in writing by a veteran, a dependent of a deceased veteran, the legal representative of a veteran, the Veterans' Administration, or any veterans' organization. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. HIGHWAY REGULATIONS. No. 391 (Senate Bill No. 45). An Act to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State highway for over forty-eight (48) hours; to prohibit the

Page 616

erection of signs or obstructions on the right-of-way of any State highway; to provide the Uniform Division of the Department of Public Safety with the power to enforce said Act; to provide the punishment for violation of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to park or leave unattended any vehicle upon the right-of-way of any State highway for over forty-eight (48) hours. Parked vehicles. Section 2. It shall be unlawful to erect signs or any obstructions of any kind upon the right-of-way of any State highway, except those signs or obstructions as may be erected by authority of the State Highway Department. It shall be unlawful for any person or persons to erect, move or cause to be moved any house or store or boxes or to unload lumber, logs, treetops or anything that would cause obstruction on the right-of-way without obtaining permission from the Highway Department authorities. Signs, obstructions. Section 3. It shall be unlawful for any person or persons to sell merchandise, fruits or vegetables or nuts or anything else of value while parked on State right-of-way of the State highways of Georgia, except that the sellers of fruits, nuts and/or vegetables shall be exempt from the provisions of this Act, provided they display said products no nearer than fifteen (15) feet from the edge of the pavement of said highways, so as to allow potential customers room to park on the shoulders on said highways, allowing full clearance of paved sections. Sales on highway right-of-way. Section 4. In addition to enforcement of this Act by city and county officers, it shall also be the duty of the Uniform Division of the Department of Public Safety to enforce the provisions contained in this Act and any vehicle, obstruction or other thing listed hereinbefore may be removed or caused to be removed by any enforcement

Page 617

officer if in violation of this Act, and the owner charged with the cost thereof. Enforcement. Section 5. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. DEALERS IN AGRICULTURAL PRODUCTS. No. 392 (Senate Bill No. 158). An Act to provide for the licensing and bonding of dealers in agricultural products; to provide for a license; to provide for a bond, its form and amount; to provide for actions on such bonds; to provide for records; to provide for investigations of such records and a procedure connected therewith; to provide for the revocation of licenses and a procedure connected therewith; to provide for enforcement; to define terms; to provide for rules and regulations; 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. For the purpose of this Act the following words and terms, when used shall be construed to mean: (1) Dealer in agricultural products means any person, association, itinerant dealer, co-partnership or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his agent or representative

Page 618

or received on consignment from the producer or his agent or representative or received to be handled on net return basis from the producer. Definitions. (2) Commissioner means the Commissioner of Agriculture of the State of Georgia. (3) Agricultural products as used in this Act shall mean and include the natural products of the farm, orchard, vineyard, garden and apiary, raw and manufactured; but shall not include dairy and tobacco products. (4) Net return basis means a purchase for sale of agricultural products from a producer or shipper at an unfixed or unstated price at the time the agricultural products are shipped from the point of origin, and it shall include all purchases made at the market price, at net worth, and on similar terms, which indicate that the buyer is the final arbiter of the price to be paid. (5) On consignment means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner. (6) Producer means any producer of agricultural products. Section 2. The provisions of this Act shall not apply to: (1) Farmers or groups of farmers in the sale of agricultural products grown by themselves. (2) All persons who buy for cash; that is, those who pay at the time of purchase in United States currency, certified check, cashier's check or their equivalent. Persons to which Act not applicable. Section 3. From and after July 1, 1956, it shall be unlawful for any dealer in agricultural products, who comes within the terms of this Act to engage in such business

Page 619

in this State without a State license issued by the Commissioner. Licenses. Section 4. Every dealer in agricultural products, desiring to transact business within the State of Georgia shall file an application for such license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state: Application. (1) The kind or kinds of agricultural products the applicant proposes to handle; (2) The full name or title of the applicant, or if the applicant be an association or co-partnership, the name of each member of such association or co-partnership, or if the applicant be a corporation, the name of each officer of the corporation; (3) The names of the local agent or agents of the applicant, if any; (4) The cities, and towns, within which places of business of the applicant will be located, together with the street or mailing address of each. Section 5. Unless the Commissioner refuses the application on one or more of the grounds hereinafter provided, he shall issue to such applicant, upon the execution and delivery of a bond as hereinafter provided, a State license entitling the applicant to conduct business as a dealer in agricultural products. No fee for such license shall be charged and such license shall be valid until revoked or suspended as provided herein. Issue. Section 6. Before any license shall be issued the applicant therefor shall make and deliver to the Commissioner a surety bond in the amount of at least one thousand dollars or in such greater amount as the Commissioner may determine, not exceeding the maximum amount of business done or estimated to be done in any

Page 620

month by the applicant, executed by a surety corporation authorized to transact business in the State of Georgia. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers, their agents or representative, of the proceeds of all agricultural products, handled or sold by such dealer; however, in lieu of such bond, the Commissioner may accept a cash bond, which shall, in all respect, be subject to the same claims and actions as would exist against a surety bond. Surety Bond. Section 7. Any person claiming himself to be damaged by any breach of the conditions of a bond given by a licensee as hereinafter provided may enter complaint thereof to the Commissioner, which complaint shall be a written statement of the facts constituting said complaint. Upon filing such complaint in the manner herein provided, the Commissioner shall investigate the charges made, and at his discretion order a hearing before him, giving the party complained of notice of the filing of such complaint and the time and place of such hearing. At the conclusion of said hearing the Commissioner shall report his findings and render his conclusion upon the matter complained of to the complainant and respondent in each case, who shall have fifteen days following in which to make effective and satisfy the Commissioner's conclusions. And if such settlement is not effected within the time aforesaid, the Commissioner or the producer may sue to enforce the said claim. If the producer is not satisfied with the ruling of the Commissioner, he may, commence and, maintain an action against the principal and surety on the bond of the parties complained of as in any civil action. If the bond or collateral thus posted shall be insufficient to pay in full the valid claims of producers, the Commissioner may direct that the proceeds of such bond shall be divided pro rata among such producers. Actions on bond. Section 8. Every dealer in agricultural products, shall, upon the receipt of agricultural products on consignment

Page 621

basis and as he handles and disposes of the same, make and preserve for at least one year a record thereof, specifying the name and address of the producer consigning such agricultural products, the date of receipt, the kind and quality of such produce, the amount of goods sold, the name and address of the purchaser, except that where sales total less than five dollars in value, such sales may be made to order of cash, the selling price thereof, and the items of expenses connected therewith. An account sales, together with payment in settlement for said shipment, shall be mailed to the producer within forty-eight hours after the sale of such agricultural products, unless otherwise agreed in writing. Dealer's records. Section 9. The Commissioner shall have power to investigate upon complaint of any interested person or upon his own initiative, the record of any applicant or licensee, or any transaction involving the solicitation, receipt, sale or attempted sale of agricultural products, the failure to pay proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions with intent to deceive, or the failure to make payment for goods received, or other alleged injurious transactions. For such purposes the Commissioner or his agents may examine, at the place or places of business of the applicant or licensee, his ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, and may take testimony thereon under oath. Investigations. Section 10. Whenever produce is shipped to or received by a licensed dealer for handling, purchase or sale in this State at any market point, and said dealer finds the same to be in a spoiled, damaged, unmarketable or unsatisfactory condition, unless both parties shall waive inspection before sale or other disposition thereof, he shall cause the same to be examined by an inspector assigned by the Commissioner for that purpose, and said

Page 622

inspector shall execute and deliver a certificate to the applicant thereof stating the day and the time and place of such inspection and the condition of such produce, and mail or deliver a copy of such certificate to the shipper thereof. Inspections. Section 11. The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has either: (1) Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied; or (2) Made false charges for handling or services rendered; or (3) Failed to account promptly and properly, or to make settlements with any producer; or (4) Made any false statement or statements as to condition, quality or quantity of goods received or held for sale when he could have ascertained the true condition, quality or quantity by reasonable inspection; or (5) Made any false or misleading statement or statements as to market conditions or service rendered; or Grounds for refusal or revocation of licenses. (6) Been guilty of a fraud in the attempt to produce or the procurement of a license; or (7) Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer, consigning the same, or without notifying such producer. Section 12. Before the Commissioner shall refuse a license or revoke any license he shall give ten days' notice, by registered mail, to the applicant or licensee of a time and place of hearing. At such hearing the

Page 623

applicant or licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. If the Commissioner shall find the applicant or licensee shall have been guilty of any of the acts provided in this Act, the Commissioner may refuse, suspend or revoke such license, and shall give immediate notice of his action to the applicant or licensee. Hearings. Section 13. The Commissioner shall adopt rules and regulations deemed necessary to carry out the provisions of this Act and enforce same. Rules and regulations. Section 14. The Commissioner may employ all help and services necessary to carry out and enforce the provisions of this Act and fix their compensation. Section 15. (A) Any dealer in agricultural products violating the provisions of this Act, or interfering with an agent of the Commissioner in the enforcement of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided by law. Violations. (B) In addition to the remedies provided in this Act and notwithstanding the existence of any adequate remedy at law, the Commissioner is hereby authorized to apply by a bill in equity to the superior court and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this Act or for failing or refusing to comply with the requirements of this Act or any rule or regulation adopted by the Commissioner as in this Act provided, such injunction to be issued without bond. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

Page 624

DRIVERS' LICENSES. No. 393 (House Bill No. 322). An Act to amend an Act creating the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide for the issuance of licenses after a hearing to those persons whose licenses have been three times revoked for cause; 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 the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by striking from Section 2 of Article IV the paragraph which reads as follows: No license shall be issued at any time to a person whose learner's, operator's or chauffeur's license has been three times revoked for cause. and inserting in lieu thereof the following: Act of 1937 amended. Except as hereinafter provided, no license shall be issued at any time to a person whose learner's, operator's or chauffeur's license has been three times revoked for cause. Any person whose license has been three times so revoked may, thereafter file a written request with the Director of the Department of Public Safety or his authorized designated agent, asking for a hearing for the purpose of determining whether a license shall be issued to such person, and provided such hearing may not be had except upon recommendation of the presiding judge who imposed sentence in the last conviction. It shall be the duty of the Director or his said agent to hold a hearing for such purpose within not less than fifteen (15) nor more than thirty (30) days from the date of the filing

Page 625

of such request. Such person shall be given at least five (5) days notice of the date of such hearing. Such hearing shall be had under such conditions as may be prescribed by the Director or said agent, and shall be on as informal basis as possible, consistent with an orderly hearing. Such person shall be allowed to furnish information, testimony and evidence to the effect of his reformation, and in the event the Director or said agent decides that such person is now capable of operating a motor vehicle with safety, and feels that such person should be issued a license, he shall issue an order to that effect, whereupon the license may be issued to such person. Issue after previous revocations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. ACTIONS IN WHICH STATE PARTY. No. 395 (Senate Bill No. 81). An Act to declare void any judicial action by any court of this State in any matter in which the State of Georgia, or an official of the State of Georgia in his official capacity, is a party defendant, intervenor, respondent, appellee or plaintiff in fi. fa., unless it affirmatively appears as a matter of record that notice of the proceeding was given to the Attorney General; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any verdict, decision, judgment, decree, order, ruling or other judicial action by any court in this State in any matter in which the State of Georgia, or an official of the State of Georgia in his official capacity, is a party defendant, intervenor, respondent,

Page 626

appellee or plaintiff in fi. fa., shall be void unless it affirmatively appears as a matter of record either (a) that the Attorney General was given five days advance written notice by the adverse party, or his attorney, of the time set for the particular trial, hearing or other proceeding as a result of which such verdict, decision, judgment, decree, order, ruling or other judicial action was entered, or (b) that the Attorney General, or an Assistant Attorney General, was present in person at such trial, hearing or other proceeding, or (c) that the Attorney General or an Assistant Attorney General has, in writing, waived such notice. Notice to Attorney General Section 2. This Act shall be effective immediately upon enactment by the General Assembly and approval by the Governor as to all verdicts, decisions, judgments, decrees, orders, rulings or other judicial actions entered after the effective date hereof in any matter now or hereafter pending in any court in this State. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. VETERAN'S DRIVERS LICENSES. No. 397 (House Bill No. 393). An Act to amend an Act entitled Public Safety Department Act approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved June 24, 1955, Ex. Sess., p. 35), so as to change the amount of the fee required for the issuance of a duplicate license; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Public Safety Department

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Act approved March 19, 1937 (Ga. L. 1937, p. 322), as amended particularly by an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 35) is hereby amended by striking the last paragraph of Section 8 of Article IV of said Act and inserting in lieu thereof a new paragraph reading as follows: The fee for any duplicate license, other than an honorary (veteran's) license, shall be $0.50. No fee shall be required for the issuance of a duplicate honorary (veteran's) license. Duplicate licenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. GARBAGE FEEDING OF LIVESTOCK. No. 399 (House Bill No. 624). An Act to amend an Act regulating the feeding of garbage to livestock, the rendering and disposition of dead animals, quarantine for the protection of livestock and the eradication of livestock diseases, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 480), as amended, so as to provide for injunctive powers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the feeding of garbage to livestock, the rendering and disposition of dead animals, quarantine for the protection of livestock and the eradication of livestock diseases, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 480), as amended, is hereby amended by adding a new section to be numbered 28 to read: Act of 1953 amended. Section 28. In addition to the remedies provided in this Act and notwithstanding the existence of any adequate remedy at law, the Commissioner of Agriculture is hereby authorized to apply to the superior court and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this Act or for failing or refusing to comply with the requirements of this Act or any rule or regulation adopted by the Commissioner as in this Act provided, such injunction to be issued without bond. Injunctions.

Page 628

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. SAVINGS AND LOAN ASSOCIATIONS. Code 16-440 Added. No. 400 (Senate Bill No. 37). An Act to amend the Building and Loan Act approved December 24, 1937, (Ga. L. 1937-38, Extra Sess., pp. 307-322), as codified in Chapter 16 of the Code of Georgia Annotated, Accumulative Pockets Part, 1955, Supplement, to provide for the protection of State chartered building and loan associations and Federal savings and loan associations in the payment of the redemption value of a share or shares to an insane or otherwise incompetent shareholder, or bankrupt shareholder, to authorize such associations to act upon the release and discharge or authorization of such a shareholder, and to authorize such associations to act upon the power of attorney of an insane, deceased or bankrupt shareholder, where such associations act in good faith and without actual knowledge of the insanity or other incompetency, bankruptcy, or death of such shareholder; and for other purposes.

Page 629

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by same, that: Section 1. The Code of Georgia adopted in 1933, as amended, is hereby amended by the addition of a new section as follows: Code 16-440 added. 16-440. A state chartered association or a Federal savings and loan association paying the redemption value of a share or shares to an insane or otherwise incompetent shareholder or bankrupt shareholder or acting upon the release and discharge or authorization of such shareholder or acting upon the power of attorney of an insane, deceased or bankrupt shareholder in good faith and without actual knowledge of the insanity or other incompetency, bankruptcy, or death of such shareholder shall be protected in so doing and may lawfully charge such payment for the redemption value of a share or shares to the account of such shareholder. The words share and shareholder shall be construed to include account and accountholder. Payment to incompetent. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. COUNTY SCHOOL SUPERINTENDENTSREMOVAL. Code 32-1008 Amended. No. 402 (House Bill No. 434). An Act to amend Section 32-1008 of the Code of Georgia, as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, pp. 1189 et seq.), relating to the removal of a county superintendent of schools from office, so as to provide for notice and a hearing

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in cases of removal; to repeal conflicting laws; and for other purposes. Be it enacted by General Assembly of Georgia: Section 1. Section 32-1008 of the Code of Georgia, relating to the removal of a county superintendent of schools from office, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to be known as Section 32-1008, so that the new section when so amended shall read as follows: 32-1008. Removal from office.The county superintendent of schools may be removed from office before the expiration of his term by a majority vote of the board of education for inefficiency, incapacity, neglect of duty or malfeasance or corruption in office: Provided however, the county superintendent shall be given (1) a hearing on the charge or charges preferred against him, (2) ten days written notice of the time and place of said hearingsuch notice will contain a brief general statement and enumeration of the charge or charges, (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within thirty days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board. Provided, that this section shall not apply to any public school system established prior to the adoption of the Constitution of 1877. New section.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. CERTIFIED PUBLIC WEIGHERS ACT AMENDED No. 404 (House Bill No. 208). An Act to amend an Act (Ga. L. Ex. Sess. 1948, Reg. Sess. 1949, pp. 1179-1183) to provide for certified public weighers, to provide for appointment of same, defining their powers and duties, to provide penalties for violation thereof, and for other purposes, by adding new sections, to provide that all leaf tobacco offered for sale in tobacco warehouses in this State shall be weighed by a bonded certified public weigher; to provide that livestock of any kind offered for sale at any auction or sales barn shall be weighed by a bonded certified public weigher; to provide for administering this Act by the Commissioner of Agriculture, and the authority for him to promulgate rules and regulations necessary for the enforcement of same; 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 certified public weighers, to provide appointment of same, defining their powers and duties, providing penalties for violations thereof, and for other purposes, approved February 25, 1949 (Ga. L., Ex. Sess. 1948, Reg. Sess. 1949, pp. 1179-1183) is hereby amended by adding new sections to be appropriately numbered, to read as follows: Section 2. On and after the passage of this Act, all leaf tobacco sold, or offered for sale in a tobacco warehouse shall be weighed by a bonded certified public weigher, who has been licensed by the Commissioner of

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Agriculture after being bonded as required under Section 5 of the Act of 1949 (Ga. L. 1949, p. 1179-1183). Leaf tobacco sales. Section 3. Livestock of any kind sold or offered for sale at any sales, or auction barn shall be weighed by a bonded certified public weigher, who has been licensed by the Commissioner of Agriculture after being bonded as required under Section 5 of the Act of 1949 (Ga. L. 1949, pp. 1179-1183). Livestock sales. Section 4. The provisions of this Act shall be administered by the Commissioner of Agriculture of this State, and he is empowered to make and promulgate rules and regulations necessary for the enforcement of this Act, and may regulate sales order of livestock at auction sales barns. Administration of Act. Section 5. It shall be the duty of bonded certified public weighers licensed under this Act to issue certificate of weight, measure, count or recording on forms to be approved by the Director of Weights and Measures, and to comply with the provisions of this Act and the rules and regulations promulgated relating thereto. Certificates of weight, etc. Section 6. (A). Any such persons, firms, or corporations who shall have their employees or agents designated as certified public weighers shall post a surety bond in the sum of $1,000 (one thousand dollars) payable to the Commissioner of Agriculture for the benefit of persons, firms, or corporations issuing a certified public weighers certification of any weight or measure of leaf tobacco, or weight of livestock, conditioned as follows: Surety bonds (B). If the principal shall faithfully comply with the rules and regulations governing a certified public weigher, as prescribed by the Commissioner of Agriculture in writing, and shall indemnify the Commissioner of Agriculture, for the use and benefit of persons who suffer injury or damage as a result of the negligence, incompetence, or misconduct or principal in performing the

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aforesaid duties of a certified public weigher, then this obligation to be void; otherwise of full force and virtue. Section 7. All laws and parts of laws in conflict herewith shall be and are hereby repealed. Approved March 9, 1956. PRINTING PLATESDISPOSITION. No. 125 (House Resolution No. 191). A Resolution. To provide for the disposition of certain metal plates stored in the Capitol building; and for other purposes. Whereas, there is now stored in the Capitol building several hundred thousand pounds of metal plates used in the reprinting of the Georgia Reports and the Georgia Appeals Reports; and Whereas, these plates are stored in valuable space that could be used as office space and relieve the necessity of renting other office space; and Whereas, these plates are valuable for the metal of which they are composed. Now, therefore, be it resolved by the General Assembly of Georgia that a committee to be composed of the Governor, Attorney General, State Auditor and the State Librarian is hereby created to dispose of these plates, as they shall deem to the best interest of the State. The State Librarian shall make a report to the committee created herein showing that she can make provisions for the reprinting of the volumes of the Georgia Reports and the Georgia Appeal Reports before the committee shall be authorized to sell the plates.

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All proceeds resulting from the sale of such plates shall be deposited in the State treasury. The committee may dispose of the plates by contract, by public bidding or such other manner as they may deem to be in the best interest of the State. Nothing herein shall make it mandatory that said plates be disposed of, but if they be not disposed of, the committee shall report its reasons to the General Assembly convening in 1957. Approved March 9, 1956. ALL-SOUTH CENTENNIAL COMMITTEE. No. 126 (Senate Resolution No. 30). A Resolution. Creating the All-South Centennial Committee of Georgia; and for other purposes. Whereas, one of the most momentous periods in American history was from 1861-1865, and the centennial dates of this period are rapidly approaching, and Whereas, the period from 1961-1965 will commemorate a great historical event and one hundred years of sound and steady progress, both economic and social, throughout the South, and Whereas, it is contemplated that the Southern States in that period will be publicized as never before in the history of the world, and Whereas, the magnitude of such a centennial is such as to stagger the imagination, and is far beyond anything which has ever been attempted before, and Whereas, such a centennial presents to Georgia and

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the South an opportunity for calling attention to the growth, resources and facilities which cannot be passed by, and Whereas, countless jobs need be performed in order to put on such a centennial, relative to research, slogans, symbols, promotion and information relative to transportation, parks, monuments, educational institutions, industrial development, agriculture and numberless other things, and Whereas, it is imperative that a committee from Georgia be appointed to work with committees of other Southern States to accomplish this Herculean task, Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of this State is hereby authorized and directed to appoint the members of the All-South Centennial Committee of Georgia, which is hereby created. The Governor is hereby authorized to use his discretion as to the size of said committee, but it is recommended that he name to said committee some of the outstanding citizens of this State, to represent all phases of activity in this State, such as industry, agriculture, labor, professions, public affairs, education, and the like. Such committee shall work with other committees in the preparation and formulation of plans for the centennial celebration specified herein, and shall exert all efforts to see that Georgia and the South are properly presented to the people of the world. Be it further resolved that the committee is hereby authorized to employ the necessary personnel to assist it in its duties and functions under this resolution. The Budget Bureau is hereby authorized and directed to provide the necessary funds for the purposes of this resolution. Approved March 9, 1956.

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Be it resolved by the General Assembly of Georgia: Section 1. Article XIII, Section I, Paragraph I of the Constitution, relative to amendments to the Constitution, is hereby amended by striking said paragraph in its entirety, and inserting in lieu thereof a new Paragraph I, to read as follows: Paragraph I. An amendment to this Constitution may be proposed by a resolution in the Senate or the House of Representatives, and if the same shall be agreed to by two-thirds of the members elected to each branch of the General Assembly, such proposed amendment shall be entered on the journals of each branch with the `Ayes' and `Nays' taken thereon. Any proposed amendment may be repealed or amended by the same General Assembly, if done so at least two months prior to the date of the election at which such proposed amendment is to be submitted. The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, the Governor shall cause such proposed amendment to be published in full once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is submitted, in one newspaper of general circulation in each Congressional District of the State. If such proposed amendment is not general, the Governor shall cause such proposed amendment to be published in full in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. Any proposed amendment which is general shall be

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submitted to the people of the entire State at the next general election at which members of the General Assembly are elected, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution. A proposed amendment which is not general shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. 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 Constitution so as to change the method of amending the Constitution. Against ratification of amendment to Constitution so as to change the method of amending the Constitution.

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All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon. GENERAL EZEKIEL WIMBERLY BRIDGE DESIGNATED. No. 129 (Senate Resolution No. 17). A Resolution. To officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the General Ezekiel Wimberly Bridge. Whereas, General Ezekiel Wimberly was a pioneer settler of Twiggs County, and moved from Washington County, Georgia, to Twiggs County shortly after Twiggs County was created by a legislative Act; and Whereas, General Wimberly was a distinguished member of the House of Representative of Twiggs County from 1811 to 1813, a member of the State Senate from 1815 to 1828, and twice a Presidential Elector; and Whereas, General Wimberly, who was the son and

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grandson of Revolutionary soldiers, also, for the cause of freedom bore arms for his State and Country in the War of 1812. Commanding the Twiggs Militia, he erected and garrisoned three forts along the Ocmulgee River as frontier protection for the inhabitants. During his career, General Wimberly held many important posts in the Militia as Major, 80th Battalion, Georgia Militia in 1810; Lieutenant Colonel, Light Dragons, Twiggs County, in 1813; Colonel of the First Class Militia of Major General Adams Division, the Georgia Militia in 1814; Colonel of Fort Hawkins in 1814; Colonel of the Third Regiment, Georgia Militia in 1815; Major General of the Sixth Division, Georgia Militia from 1820 to 1840; and Whereas, General Ezekiel Wimberly, gentleman, soldier and statesman devoted many years of his illustrious life to Twiggs County, the State of Georgia and his Nation. It is therefore resolved by the Senate, the House of Representatives concurring, that the bridge crossing Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, is hereby designated and named the General Ezekiel Wimberly Bridge, and the State Highway Department officials and other State agencies are directed that on all maps and publications, the said bridge shall be referred to and designated as the General Ezekiel Wimberly Bridge, and the State Highway Department officials are directed to have placed on or near said bridge, an appropriate sign indicating to the people the name hereby designated. Approved March 9, 1956.

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INTERPOSITION RESOLUTION. No. 130 (House Resolution No. 185). A Resolution. A resolution to declare the Supreme Court decisions of May 17, 1954, and May 31, 1955, in the school segregation cases, and all similar decisions, by the Supreme Court null, void and of no effect; to declare that a contest of powers has arisen between the State of Georgia and the Supreme Court of the United States; to invoke the doctrine of interposition; and for other purposes. Be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of Georgia doth hereby unequivocally express a firm and determined resolution to maintain and defend the Constitution of the United States, and the Constitution of this State against every attempt, whether foreign or domestic, to undermine and destroy the fundamental principles, embodied in our basic law, by which the liberty of the people and the sovereignty of the States, in their proper spheres, have been long protected and assured; That the General Assembly of Georgia doth explicitly and pre-emptorily declare that it views the powers of the Federal Government as resulting solely from the compact, to which the States are parties, as limited by the plain sense and intention of the instrument creating that compact; That the General Assembly of Georgia asserts that the powers of the Federal Government are valid only to the extent that these powers have been enumerated in the compact to which the various States assented originally and to which the States have assented in subsequent amendments validly adopted and ratified; That the very nature of this basic compact, apparent

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upon its face, is that the ratifying States, parties thereto, have agreed voluntarily to surrender certain of their sovereign rights, but only certain of these sovereign rights, to a Federal Government thus constituted; and that all powers not delegated to the United States by the Constitution, nor prohibited by it to the States, have been reserved to the States respectively, or to the people; That the State of Georgia has at no time surrendered to the General Government its right to maintain racially separate public schools and other public facilities; That the State of Georgia, in ratifying the Fourteenth Amendment to the Constitution, did not agree, nor did the other States ratifying the Fourteenth Amendment agree, that the power to operate racially separate public schools and other facilities was to be prohibited to them thereby; And as evidence of such understanding, the General Assembly of Georgia notes that the very Congress that submitted the Fourteenth Amendment for ratification established separate schools in the District of Columbia and that in more than one instance the same State legislature that ratified the Fourteenth Amendment also provided for systems of racially separate public schools; That the General Assembly of Georgia denies that the Supreme Court of the United States had the right which it asserted in the school cases, decided by it on May 17, 1954, to enlarge the language and meaning of the compact by the States in an effort to withdraw from the States powers reserved to them and as daily exercised by them for almost a century; That a question of contested power has arisen; the Supreme Court of the United States asserts, for its part, that the States did in fact prohibit unto themselves

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the power to maintain racially separate public institutions and the State of Georgia, for its part, asserts that it and its sister States have never surrendered such right; That this assertion upon the part of the Supreme Court of the United States, accompanied by threats of coercion and compulsion against the sovereign States of this Union, constitutes a deliberate, palpable, and dangerous attempt by the court to prohibit to the States certain rights and powers never surrendered by them; That the General Assembly of Georgia asserts that whenever the General Government attempts to engage in the deliberate, palpable and dangerous exercise of powers not granted to it, the States who are parties to the compact have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights and liberties appertaining to them; That failure on the part of this State thus to assert its clear rights would be construed as acquiescence in the surrender thereof; and that such submissive acquiescence to the seizure of one right would in the end lead to the surrender of all rights, and inevitably to the consolidation of the States into one sovereignty, contrary to the sacred compact by which this Union of States was created; That the question of contested power asserted in this resolution is not within the province of the court to determine because the court itself seeks to usurp the powers which have been reserved to the States, and, therefore, under these circumstances, the judgment of all of the parties to the compact must be sought to resolve the question. The Supreme Court is not a party to the compact, but a creature of the compact and the question of contested power should not be settled by the creature seeking to usurp the power,

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but by the parties to the compact who are the people of the respective States in whom ultimate sovereignty finally reposes; That the legislation making provision for grants for the benefit of children of school age for educational purposes, as authorized by the Amendment ratified by the people at the general election held in November, 1954, whereby Section 13 was added to Article VIII of the Georgia Constitution, will enable the people themselves to provide an educational establishment serviceable and satisfactory and in keeping with the social structure of the State, if the doctrine of said school cases of May 17, 1954, is eventually by naked force alone thrust upon this State; That the doctrine of said decisions should not be forced upon the people of this State, and the public schools terminated thereby, for the court was without jurisdiction, power or authority to entertain said school cases, or to announce the doctrine therein asserted by it; That the court was without jurisdiction of said cases because (1) the jurisdiction of the court granted by the Constitution is limited to judicial cases in law and equity, and said cases were not of a judicial nature and character, nor did they involve controversies in law or equity, but, on the contrary, the great subjects of the controversy are of a legislative character, and not a judicial character, and are determinable only by the people themselves speaking through their legislative bodies; (2) the essential nature and effect of the proceedings relating exclusively to public schools operated by and under the authority of States, and pursuant to State laws and regulations, said cases were suits against the States, and the Supreme Court was without power or authority to try said cases, brought by individuals against States, because the Constitution forbids the court to entertain suits by individuals against a State unless the State has consented to be sued;

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That if said court had had jurisdiction and authority to try and determine said cases, it was powerless to interfere with the operation of the public schools of States, because the Constitution of the United States does not confer upon the General Government any power or authority over such schools or over the subject of education, jurisdiction over these matters being reserved to the States, nor did the States by the Fourteenth Amendment authorize any interference on the part of the judicial department or any other department of the Federal Government with the operation by the States of such public schools as they might in their discretion see fit to establish and operate; That by said cases the court announces its power to adjudge State laws unconstitutional upon the basis of the court's opinion of such laws as tested by rules of the inexact and speculative theories of psychological knowledge, which power and authority is beyond the jurisdiction of said court; That if the court is permitted to exercise the power to judge the nature and effect of a law by supposed principles of psychological theory, and to hold the statute or Constitution of a State unconstitutional because of the opinions of the judges as to its suitability, the States will have been destroyed, and the indestructible Union of indestructible States established by the Constitution of the United States will have ceased to exist, and in its stead the court will have created, without jurisdiction or authority from the people, one central government of total power; That implementing its decision of May 17, 1954, said court on May 31, 1955, upon further consideration of said cases, said: All provisions of Federal, State, or local law... must yield to said decision of May 17, 1954; said court thereby presuming arrogantly to give orders to the State of Georgia; That it is clear that said court has deliberately resolved

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to disobey the Constitution of the United States, and to flout and defy the supreme law of the Land; That the State of Georgia has the right to operate and maintain a public school system utilizing such educational methods therein as in her judgment are conducive to the welfare of those to be educated and the people of the State generally, this being a governmental responsibility which the State has assumed lawfully, and her rights in this respect have not in any wise been delegated to the Central Government, but, on the contrary, she and the other States have reserved such matters to themselves by the terms of the Tenth Amendment. Being possessed of this lawful right, the State of Georgia is possessed of power to repel every unlawful interference therewith; That the duty and responsibility of protecting life, property and the priceless possessions of freedom rests upon the Government of Georgia as to all those within her territorial limits. The State alone has this responsibility. Laboring under this high obligation she is possessed of the means to effectuate it. It is the duty of the State in flagrant cases such as this to interpose its powers between its people and the effort of said court to assert an unlawful dominion over them; Therefore, be it further resolved by the House of Representatives, the Senate concurring: First: That said decisions and orders of the Supreme Court of the United States relating to separation of the races in the public institutions of a State as announced and promulgated by said court on May 17, 1954, and May 31, 1955, are null, void and of no force or effect; Second: That hereby there is declared the firm intention of this State to take all appropriate measures honorably and constitutionally available to the State, to avoid this illegal encroachment upon the rights of her people;

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Third: That we urge upon our sister States firm and deliberate efforts upon their part to check this and further encroachment on the part of the General Government, and on the part of said court through judicial legislation, upon the reserved powers of all the States, that by united efforts the States may be preserved; Fourth: That a copy of this resolution be transmitted by His Excellency The Governor to the Governor and legislature of each of the other States, to the President of the United States, to each of the Houses of Congress, to Georgia's Representatives and Senators in the Congress, and to the Supreme Court of the United States for its information. Approved March 9, 1956. SUSPENSION OF CERTAIN LICENSE AND EXAMINATION FEES. No. 132 (House Resolution No. 177-481a). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated March 21, 1955, relative to the suspension of the license fee and examination fee required by an Act approved March 4, 1955 (Ga. L. 1955, p. 431); and for other purposes. Whereas, an Executive Order issued by the Governor dated March 21, 1955, provides: By the Governor: Whereas: Under the provisions of the Acts of the General Assembly of 1927, page 84, as amended by the Acts of 1935, page 50, which Act is codified as Section 92-2010 of the Code of Georgia of 1933.

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Each person, firm, corporation, or partnership buying salary or wage accounts or lending money upon the same shall pay $250.00 for each office or place of business maintained,' and Whereas: The General Assembly of Georgia did at the 1955 session pass House Bill 151, Act 219, regulating the small loan business and which Act did: (a) Repeal the provisions of law contained in Chapter 25-2 of the Code of Georgia of 1933 as amended under which persons upon whom the tax or license fee imposed by Section 92-2010 above operated, and (b) Said Act imposed an annual license tax of $200.00 beginning on its effective date, and a $50.00 application examination fee, and Whereas: The collection of the license fee and application fee from persons covered by Section 92-2010 did result in a duplicate tax on such persons, and Whereas: I consider it not to be to the best interest of the State of Georgia for a license tax to be imposed twice for the same operation. It is ordered that the license fee and the examination fee required by House Bill 151, Act 219 approved March 4, 1955, effective May 3, 1955, be and the same hereby is suspended for the balance of the calendar year of 1955 on each person, firm, corporation or partnership covered by the aforesaid Section 92-2010 of the Code of Georgia 1933, who have paid the 1955 license fee provided by 92-2010. It is further ordered that this order of suspension is effective this date and remains in effect until the next meeting of the General Assembly of Georgia. It is further ordered and specifically provided that the suspension herein provided for shall not be applicable

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to any license or examination fee imposed by said bill due, accrued, and/or collectible after January 1, 1956. This order is passed under and by virtue of the authority vested in me as the 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 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.' This the 21st day of March, 1955. Now, therefore, be it resolved by the General Assembly of Georgia that the foregoing Executive Order is hereby ratified, approved and confirmed effective as of the date of said Executive Order. Approved March 9, 1956. STATE PRINTING. No. 133 (House Resolution No. 194-531i). A Resolution. To provide for a detailed study of the advisability of the State establishing a printing office; and for other purposes. Whereas, vast sums of money are expended annually by the State for printing various publications; and Whereas, The Joint Economy Committee has recommended that a detailed study of the advisability of the State establishing a printing office be made; and

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Whereas, the study should include the advisability of establishing a printing office to do all or part of the public printing: Now, therefore, be it resolved by the General Assembly of Georgia that the Secretary of State is hereby authorized and directed to make a detailed study of the advisability of the State establishing a printing office to do all or part of the public printing of the State of Georgia. The Secretary of State shall make a report of his findings and recommendations to the Speaker of the House and to the President of the Senate prior to December 1, 1956. Approved March 9, 1956. PRISON INDUSTRIES PROGRAM. No. 134 (House Resolution No. 187-531b). A Resolution. Directing the State Board of Corrections to study the recommendation of the Legislative Economy Committee as to institution of a prison industries program, and to transmit its report with suggestions to the 1957 General Assembly. Whereas, the Legislative Economy Committee has recommended that the State of Georgia institute in its State prisons a program of prison industries for the manufacture of goods consumed by the State and its political subdivisions, and Whereas, said recommendation is deserving of serious consideration, and Whereas, the problems to be incurred in such a program require careful study and evaluation by prison officials before appropriation of funds therefor.

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Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Board of Corrections and the Director thereof undertake a study of said recommendation and transmit its report with the suggestions to the Speaker of the House and the President of the Senate, at the beginning of the 1957 session, said report to give specific consideration to the following: 1. The type and list of products that could be advantageously produced and manufactured. 2. The funds required to institute said program and maintain same. 3. The necessary requirements and suggested form of a use law. 4. The advisability of providing for a Director of Prison Industries and definition of the scope of his duties. Approved March 9, 1956. JUVENILE COURT JUDGMENTSREVIEW BY APPELLATE COURTS. Proposed Amendment to the Constitution. No. 135 (House Resolution No. 32-96e). A Resolution. Proposing to the qualified voters of Georgia an amendment to Article VI, Section II of the Constitution of Georgia so as to confer upon the Supreme Court and Court of Appeals jurisdiction to review by writ of error all final judgments and adjudications rendered by juvenile courts; to provide for advertising and submission; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section II of the Constitution of Georgia is hereby amended by adding thereto a new paragraph to be known as Paragraph IX and to read as follows: Paragraph IX. The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudicatons, rendered by any juvenile court created or referred to in an Act of the General Assembly approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, and any other juvenile court that may be hereafter established, and, it shall further be the duty of the solicitor-general of the judicial circuit within which juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be provided by law, but in any case, the juvenile judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required. 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

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shall have written or printed thereon the following: For ratification of amendment to Constitution so as to confer jurisdiction on the Supreme Court and Court of Appeals to review by writ of error all final judgments of juvenile courts. Against ratification of amendment to Constitution so as to confer jurisdiction on the Supreme Court and Court of Appeals to review by writ of error all final judgments of juvenile courts. 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. SPOILAGE EASEMENT TO BARNWELL ISLAND. No. 136 (Senate Resolution No. 23). A Resolution. Granting to the United States of America a spoilage easement to Barnwell Island, to facilitate development of Savannah Harbor. Whereas, by judgment and decree of the United

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States Court of Appeals for the Fifth Circuit, in the cause entitled United States of America v. 450 Acres of Land, more or less, known as Barnwell Island, Situate in Chatham County, Georgia, (C.A. Ga. 1955) 220 Fed2d 353, it was adjudicated that said island is within the exclusive jurisdiction of the State of Georgia, and Whereas, the United States Supreme Court denied certiorari, (350 U. S. 826) and refused leave to the State of South Carolina to file an original complaint asserting jurisdiction over said island, (350 U. S. 812), and Whereas, title to said island is in the State of Georgia by virtue of the fact that no grant has ever been made thereof, and Whereas, the Corps of Engineers of the United States Army, under the River and Harbor Act, has been authorized to improve the harbor facilities in Savannah, which operation would require that a spoilage easement be made available for the dumping of spoilage resulting from dredging operations, and Whereas, such improvement and development would greatly benefit the City of Savannah and the State of Georgia, and Whereas, since about 1883, Barnwell Island lands have been used to some extent by the Engineers for the depositing of spoilage, and Whereas, said property is described as follows: Located in Chatham County, Georgia, known as Barnwell Island, lying in and upon the Savannah River immediately westward of Elba Island and north and northeast of Fig Island, approximately three and one-half miles from the city hall of said City, downstream; and more particularly described as follows:

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Commencing at U.S.E.D. Station Abe 2, which is a wooden tripod station, approximately 28 feet tall, located on Barnwell Island at the confluence of Back and Savannah Rivers, said station being 35 feet back from top of bank and at a landing; (it is N.N.W. of Fort Jackson, and approximately on a line with center of rock jetty at lower end of Fig Island, being located at Georgia Coordinates, East Zone X 849, 568.17 Y 760, 637.07;) thence south 35 feet to a point on the low-water line of the north bank of Savannah River, said point being the point of beginning of the herein described tract; thence along the low-water line of the north bank of Back River in a northwesterly direction, approximately 3,450 feet to a point, said point having a coordinate value of X 846, 420 Y 761,095; thence N 29 12 E, 1,010 feet to a point on an earth dam; said point having a coordinate value of X 846, 925 Y 761,970; thence N 43 E, 40 E, 1,376 feet to a point on the low-water line of the north side of Barnwell Island, said point being at the confluence of two streams having a coordinate value of X 847,870 Y 762,960; thence along the low-water line of the north side of Barnwell Island in a northeasterly direction, approximately 8,100 feet to a point on the low-water line of north bank of the Savannah River; thence along the low-water line of the north bank of Savannah River, in a westerly direction 8,000 feet to the point of beginning, and containing 465 acres of marsh land and highland, more or less. A map of said tract of land, prepared by the U. S. Army Corps of Engineers, Savannah District, and captioned Barnwell Island, Chatham County, Georgia, dated 30 December, 1955, and numbered Drawing No. 56, is on file in the office of the Secretary of State, and a copy thereof is hereto attached and made a copy of this resolution. Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the State of Georgia hereby grants to the United States of America,

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and its assigns, the perpetual right, easement and privilege to deposit on the hereinbefore described tract of land or any part thereof any and all spoil and other matter excavated in the improvement and maintenance of the aforesaid improvement. Reserving however, to the State of Georgia and its assigns, all such rights and privileges in said tract of land as may be used and enjoyed without interfering with or abridging the rights and easements hereby conveyed to the United States of America. The State of Georgia hereby expressly and fully releases the United States of America, its officers, agents, servants, and contractors from liability for any and all damages done or caused to be done, and from any claim or demand whatsoever for injuries suffered by or done to the said premises by reason of the deposit of such spoil or other material. Be it further resolved that the State of Georgia retains jurisdiction as to all civil and criminal processes issued under the authority of this State, which may be executed thereon in like manner as if this resolution had not been passed; and upon the further condition that the State of Georgia shall, and it does hereby retain its civil and criminal jurisdiction over said granted lands and over persons and citizens in said granted territory as over other persons, citizens and lands in this State. Be it further resolved that the Governor is hereby authorized and directed to execute and deliver quitclaim deed in such form as may be necessary to carry out the provisions hereof and originate record chain of title as to the easement herein conveyed. Plat attached to enrolled copy. Approved March 9, 1956.

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COMMITTEE TO STUDY INCOME TAX LAWS. No. 137 (House Resolution No. 131). A Resolution. Creating a committee to study the advisability of conforming the Georgia income tax laws as nearly as practicable to the Federal income tax law with respect to the determination and classification of taxable net income. Whereas, the Federal Internal Revenue Code of 1954 made many substantial changes in the Federal income tax law, with the result that there are many important respects in which the present Federal income tax law differs from the Georgia income tax law with regard to the determination and classification of taxable net income, and Whereas, the present Georgia income tax law consists of the original statute enacted in 1931, together with successive amendments adopted by virtually every session of the General Assembly since 1931, and Whereas, many citizens throughout the State of Georgia and many members of the General Assembly of Georgia consider it desirable in general to conform the Georgia income tax law so far as practicable to the provisions of the Federal income tax law with respect to the determination and classification of taxable net income, as well as to have a clear and comprehensive codification of the Georgia income tax laws, both from the standpoint of the State with regard to economy in administering the Georgia income tax laws and also from the standpoint of Georgia taxpayers with regard to simplicity and convenience in preparing Federal and Georgia income tax returns; and Whereas, the Committee on Taxation of the Georgia Bar Association has surveyed the problem of conforming

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the Georgia income tax law to desirable new provisions of the Federal law and has concluded that this would be desirable but will require careful and extensive consideration and study prior to drafting a bill incorporating such changes, and has recommended to the House of Representatives of Georgia that a resolution be adopted appointing a study committee to consider the new Federal Internal Revenue Code of 1954 in relation to the Georgia income tax laws for the purpose of determining in what respects it would be desirable to amend the Georgia income tax laws to conform to the new Federal income tax provisions and to obtain a clear, comprehensive and compact codification of the Georgia laws; and Whereas, these considerations and problems being of great magnitude and large scope and complexity. Now, therefore be it resolved by the General Assembly of Georgia, that there is hereby created a committee to study the advisability of amending the Georgia income tax laws to conform them as nearly as practicable to the provisions of the Federal income tax law with respect to the determination and classification of taxable net income, and to obtain a clear, comprehensive and compact codification of the Georgia laws, and to draft proposed legislation to effectuate its recommendations. Said committee shall be composed of eight (8) members, as follows: two (2) members from the Senate, to be appointed by the President of the Senate; three (3) members from the House of Representatives, to be appointed by the Speaker of the House of Representatives; two (2) members to be appointed by the Governor, who shall not be members of the General Assembly; and the State Revenue Commissioner as the eighth member. Said study committee is authorized to call on the State Revenue Commissioner, the Income Tax Unit of the Department of Revenue and the legal staff assigned to the Department of Revenue for assistance in making such a study, to confer with Federal income tax authorities, and to

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do all things necessary to effectuate the purposes of this resolution. The Attorney General, with the concurrence of the State Revenue Commissioner, is authorized to obtain the services of such Assistant or Deputy Assistant Attorneys General skilled in State and Federal income tax laws, to serve as counsel to said committee, as may be required by said committee, to effectuate the purpose of this resolution; and the State Revenue Commissioner is authorized to obtain and make available to the committee such other consultants skilled in the income tax laws as may be required to effectuate the purposes of this resolution. The members of the General Assembly serving on said committee shall receive the per diem, compensation and allowances authorized for interim committees. The State Revenue Commissioner and the staff assigned to the committee shall be entitled to expense and mileage allowance the same as other State employees are allowed by law. The total number of days for which members of the committee shall be paid as provided herein shall not exceed fifteen (15). The committee shall render its report on the result of this study to the Governor, the members of the General Assembly and to the public on or before December 1, 1956, and this resolution shall stand repealed at the end of such date, and the committee created hereunder shall stand abolished as of that time. Approved March 9, 1956. HOSPITAL CARE STUDY COMMISSION. No. 138 (House Resolution No. 75). A Resolution. To create a Hospital Care Study Commission; and for other purposes. Whereas, there is an increasing need for some provision

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for the hospitalization, medical care and treatment for indigent sick persons in Georgia who are financially unable to pay the cost of hospital care and treatment; and Whereas, at the present time no adequate provision exists in many counties to reimburse for hospital services for the indigent sick and only a few counties without local hospitals provide funds for the care for their indigent sick in another county; and Whereas, the doctors of medicine in Georgia as represented by the Council of the Medical Association of Georgia, have agreed that they, the doctors of medicine, should, without cost to the State of Georgia, provide professional medical services to such patients; and Whereas, the problem of providing hospital and medical care for the indigent sick has been recognized as serious by various committees of the Medical Association of Georgia, Georgia Hospital Association, Georgia Association of Hospital Governing Boards, Georgia State Nursing Association, the Joint Commission for the Improvement of Patient Care, the two medical schools, the Better Health Council of Georgia, the Georgia Pediatric Society, the Georgia Academy of General Practice, the Georgia State Obstetrical and Gyneocological Society, the Georgia Council of Maternal and Infant Welfare, and the State Health Department; and Whereas, steps have been taken to plan for the care of the indigent sick in other Southern States, including Florida, North and South Carolina, and Tennessee; and Whereas, such a program is known to be complicated by many factors other than the necessary funds to pay the costs of such a program, and the primary responsibility for the care of the indigent sick should

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remain with the county in cooperation with the medical profession. Now, therefore, be it resolved by the General Assembly of Georgia, that there is hereby created a study commission to be known as the Hospital Care Study Commission and said commission is charged with the duty of investigating, studying and making a survey as to the following matters: A. The extent to which State, county and municipal governments assume responsibility for indigent hospital care in general hospitals and related medical facilities under present State and local laws. B. The extent that county or city lines act as a barrier to indigent patients being admitted to or transferred to existing hospital and related medical facilities. C. The general background of the financial problems now facing voluntary public and private hospitals, such as: increased costs in providing service; methods used to finance operating deficits; the extent of charging paying patients to cover costs for indigent care, discounts to third party payees, nurse training, and the like. D. The responsibility, if any, which the State of Georgia, the counties or cities or other public authorities might have in providing care for the indigent and improving hospital care for all citizens of the State. E. To suggest a plan or plans to provide for hospitalization and treatment for indigent and sick persons, financially unable to get or purchase this care, the methods and procedures by which such hospitalization and attention can be provided, and the cost of such plan or plans and whether funds may be provided for such purposes, and if so, by whom. F. Any other related matters reflecting upon the

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feasibility of possibility of providing hospitalization and related care for indigent sick persons in Georgia. Be it further resolved, that the commission shall make a report of its findings to the Governor not later than December 1, 1956, and that such findings, including the conclusions of the committee and any recommended legislation, shall be submitted to the General Assembly at the 1957 regular session. The commission created herein shall terminate upon the filing of its report and this resolution shall be of no force and effect after such date. Be it further resolved, that the commission herein created shall be appointed by the Governor within sixty (60) days after the passage of this resolution, and that the membership of this commission shall be composed of the following: The Director of Public Health, ex officio, as chairman; the Director of Public Welfare, ex officio, as vice-chairman; the Director of the Maternal and Infant Welfare Division of the State Health Department; three physicians nominated by the Medical Association of Georgia representing the major medical specialities; two county commissioners nominated by the Georgia Association of County Commissioners; two trustees of hospital governing boards nominated by the Georgia Association of Hospital Governing Boards; two hospital administrators nominated by the Georgia Hospital Association; and such other members as the Governor, in his wisdom, may decide to add to the list. The commission shall elect a Secretary, who shall keep all records and proceedings of all meetings. A majority of the appointed members shall constitute a quorum for the transaction of all business. Approved March 9, 1956.

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LAND CONVEYANCE AUTHORIZED. No. 139 (House Resolution No. 230-621e). A Resolution. To authorize the Governor on behalf of the State of Georgia to reconvey to the City of Calhoun, Gordon County, Georgia, a tract of land formerly conveyed to the State by said city. Whereas, a tract of land was conveyed by the City of Calhoun to the State of Georgia for use by the Georgia National Guard to construct an addition to the present National Guard Armory-Warehouse; and Whereas, the Georgia National Guard is constructing in the City of Calhoun a new armory for the Georgia National Guard unit located in Calhoun, Georgia; and Whereas, the Georgia National Guard has never used said land for an addition to the present armory-warehouse and does not intend to use said land in the future because of the construction of the said new armory; and Whereas, upon completion of the new Georgia National Guard armory in Calhoun, Georgia, the City of Calhoun will take possession and ownership of the old armory-warehouse which is joined to said land; and Whereas, the City of Calhoun desires to obtain title to said tract of land, Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor, acting on behalf of the State, is hereby authorized and directed to reconvey to the City of Calhoun, Gordon County, Georgia, in fee simple said tract of land, described as follows:

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All that tract or parcel of land lying and being in the City of Calhoun, Gordon County, Georgia, and being a part of what is known as Pine Thicket Land, and being more particularly described as follows, to wit: Beginning at an iron stob on the north side of Pine Street, which said stob marks the southeast corner of lands of grantor herein, and thence running east along the north side of Pine Street one hundred (100) feet to an iron stob; thence running north parallel with Fair Street to an iron stob on the south side of McEntyre Street; thence running west along the south side of said McEntyre Street to an iron stob at the intersection of said McEntyre and Fair Street; thence running south along the east side of said Fair Street seventy-five (75) feet, more or less, to an iron stob, which said stob marks the northwest corner of the property of the grantee herein; thence running east along the north line of the property of the grantee herein to an iron stob which marks the northeast corner of the property of the grantee herein; thence running south along the east line of the property of the grantee herein one hundred (100) feet to the point of beginning, and being bounded as follows; to wit: On the north by McEntyre Street; on the east by property of the grantor herein; on the south by Pine Street and on the west by Fair Street and other property of the grantee herein. Approved March 9, 1956. NATIONAL GUARD ARMORY IN CALHOUN. No. 140 (House Bill No. 227-621b). A Resolution. To authorize the Governor of Georgia to declare the present National Guard armory and warehouse located

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in Calhoun, Gordon County, Georgia, obsolete and abandoned by the National Guard of Georgia upon completion of the new National Guard armory building in Calhoun, Gordon County, Georgia. Whereas, the City of Calhoun has conveyed to the Headquarters Headquarters Service Company of the 163rd Tank Battalion of the Georgia National Guard property upon which to build a new National Guard armory for said company; and Whereas, said conveyed property contains the city warehouse barn which will no longer be available for use by said city upon completion of the new armory; and Whereas, the present armory and warehouse of said Georgia National Guard company is located on a tract of land which was obtained from the City of Calhoun and held as trustee of the State of Georgia through a trust agreement which specifies that the property will revert to the City of Calhoun whenever it shall cease to be used and occupied by a military unit of the Georgia National Guard; Whereas, upon completion of said new armory, the City of Calhoun needs and intends to use the old armory warehouse as a city warehouse barn since the present city warehouse barn will be part of the new armory; and Whereas, upon completion of the said new armory, the Georgia National Guard will not have any further need of the said old armory which would be uneconomical and an unnecessary expense and burden to the State and is outdated and outmoded for National Guard uses, Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor of this State is hereby authorized to order the Georgia National Guard

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to abandon and cease to use the present National Guard armory and warehouse in the City of Calhoun, Gordon County, Georgia, used by the Headquarters Headquarters Service Company of the 163rd Tank Battalion of the Georgia National Guard upon completion of the new armory for the Georgia National Guard and said company in the City of Calhoun, Gordon County, Georgia. City of Calhoun, Georgia To Bernard L. Franklin, As Trustee of the State of Georgia and County of Gordon. All that tract or parcel of land lying and being in the City of Calhoun, Gordon County, Georgia, and being a parcel of land described as follows, to wit: Beginning at the southwest corner of the tract of land herein conveyed (which beginning point is located on the north side of Pine Street at the point of intersection of the east side of Fair Street with said Pine Street) and running thence north along the east right-of-way line of said Fair Street 348.6 feet to an iron stake corner; thence east a distance of 250 feet, to an iron stake corner; thence south 348.6 feet to the north right-of-way line of Pine Street; thence west along said Pine Street 250 feet to the point of beginning. Said tract of land being located in the southwest corner of the tract of land in the City of Calhoun, Georgia, known as the John P. King Park. This deed is made and delivered by the City of Calhoun, and accepted by Bernard L. Franklin, as trustee, to be held by the said trustee and his successors in trust under the following terms and conditions, to wit: The said trustee to hold a fee-simple title to the said property herein conveyed, so long as the same shall be

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the officers then in commission, and by substituting in lieu thereof the words, but no such change shall diminish the amount of any salary set forth in the Constitution, so that said paragraph, as amended, shall read: The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all the elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution.; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia, that Article III, Section XI, Paragraph I, of the Constitution of 1945 be amended by striking therefrom the words, but no such change shall affect the officers then in commission, and substituting in lieu thereof the words, but no such change shall diminish the amount of any salary set forth in the Constitution, so that said paragraph, as amended, shall read as follows: The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all the elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution. Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members of each of the two Houses, said amendment shall be entered on their journals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspaper in each Congressional District for two months previous to the time of holding the next general election at which members of the General Assembly are elected, and said amendment shall be submitted to the qualified voters at the next said general election. All persons voting in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words:

Page 671

For ratification of amendment to Article III, Section XI, Paragraph I of the Constitution of 1945, by striking therefrom the words, `but no such change shall affect the officers then in commission,' and substituting in lieu thereof the words, `but no such change shall diminish the amount of any salary set forth in the Constitution.' . All persons opposed to the adoption of such amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article III, Section XI, Paragraph I of the Constitution of 1945, by striking therefrom the words, `but no such change shall affect the officers then in commission,' and substituting in lieu thereof the words, `but no such change shall diminish the amount of any salary set forth in the Constitution.' If a majority of the electors qualified to vote for members of the General Assembly voting thereon in the State vote for such amendment, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in the same 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 a part of the Constitution of the State of Georgia of 1945. GENERAL ASSEMBLYCOMMITTEE ROOMS. No. 143 (Senate Resolution No. 54). A Resolution. Whereas, the General Assembly has included in the Appropriations Bill an amount for repairing, refurbishing, painting, and equipping committee rooms and offices on the third floor of the State Capitol building, including House and Senate chambers,

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Whereas, these are badly needed in order for the proper committee rooms to be furnished for the benefit of the members of General Assembly and for the public and Whereas, it is highly desirable that a committee of both House and Senate members together with presiding officers should work with the other State officials in charge of the Capitol building, so that committee rooms can be of the proper size and properly located to best suit the needs of the House and the Senate. Therefore, be it resolved that a committee be appointed by the Lieutenant Governor, consisting of himself and two members of the Senate and the Secretary of the Senate and that a committee be appointed by the Speaker of the House consisting of himself and three members of the House and the Clerk of the House, to serve with the Governor, Secretary of State, and State Auditor in carrying out the intent of the special item placed in Section 1 of the Appropriations Bill. Said committee members shall also give consideration to the planning of press galleries for both the House and Senate and for such other remodeling and alteration, as may appear advisable, to the House and Senate chambers; and to the relocation and improved arrangement of the offices and other space for use of the Clerk of the House and Secretary of the Senate. The Governor is hereby requested to call a meeting of the committee as soon as he feels it is practicable to do so so that the committee can start on plans, sketches, and all other matters necessary to carry out the provisions of this resolution. At any such meetings held by the committee the members of the General Assembly serving on same shall be paid at the regular per diem that they received as members of the General Assembly. Approved March 9, 1956.

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CABINS IN STATE PARKS. No. 144 (House Resolution No. 190-531e). A Resolution. To recommend that the State discontinue the building of cabins at State parks; and for other purposes. Whereas, the furnishing of housing facilities at State parks has resulted in a loss to the Department of State Parks; and Whereas, the furnishing of housing facilities is beyond the scope of furnishing recreational facilities to the citizens of this State: Now, therefore, be it resolved by the General Assembly of Georgia that no State funds be expended for the construction of additional cabins or other housing facilities at any State park. Approved March 9, 1956. WAITING ROOMS FOR PASSENGERS IN INTRASTATE TRAVEL. No. 405 (House Bill No. 268). An Act to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons; to prescribe misdemeanor punishment for a violation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All white or colored passengers traveling in intrastate travel on any common carrier of passengers

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for hire, shall occupy or use only the waiting room or reception room provided and designated for their respective races, and no such white passenger shall occupy any waiting or reception room other than that marked or designated White Waiting Room, Intrastate Passengers, and no such colored passenger shall occupy or use any waiting or reception room other than that marked and designated Waiting RoomInterstate Passengers Colored Intrastate Passengers,: Provided, that nothing herein contained shall prevent any white interstate passenger from using or occupying the waiting room set apart for white intrastate passengers. Separate rooms for white and for colored. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and punished as provided therefor by law. Section 3. No action for false arrest, false imprisonment, or other action shall be entertained by any court of this State against any law enforcement officer or other person for an arrest or imprisonment arising out of a violation of this Act. Section 4. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1956. DRIVER'S LICENSESREVOCATION. No. 406 (House Bill No. 450). An Act to amend an Act approved January 11, 1954 (Ga. L., Nov.-Dec. Sess., 1953, pp. 566, et seq.), and known as the Uniform Act Regulating Traffic on Highways, as amended, more particularly as amended by an Act approved March 16, 1955 (Ga. L. 1955, pp. 736, et seq.), by amending Section 47(d) of said Act by striking that portion which provides that the Department

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of Safety may suspend or revoke licenses of any person convicted under this Section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved January 11, 1953 (Ga. L., Nov.-Dec. Sess., 1953, pp. 566, et seq.), and known as the Uniform Act Regulating Traffic on Highways, as amended, more particularly as amended by an Act approved March 16, 1955 (Ga. L. 1955, pp. 736, et seq.), be and the same is hereby amended by striking from Paragraph (d), Section 47 of said Act relating to the authority of the Department of Public Safety to suspend or revoke the licenses of any person convicted under this section, the sentence which reads: The department may suspend or revoke the operator's or chauffeur's license of any person convicted under this section; provided, that the suspension or revocation of any license by said department shall in no way conflict with the decision rendered by the court having jurisdiction over such convicted person. so that Paragraph (d) of Section 47 of said Act when amended shall read as follows: (d) Every person who is convicted of a violation of this section shall be punished by imprisonment for not less than 10 days nor more than 12 months, or by fine of not less than $100.00 nor more than $200.00 or by both such fine and imprisonment, and the court in its discretion shall have the power to revoke for any period of time not exceeding two years the license of any person convicted under this section for the first or second offenses, and shall have the power to reinstate said license at any time, but this power to reinstate licenses shall in no way affect persons convicted for third and subsequent offenses. On a third or subsequent conviction when the two last prior convictions have occurred within the four years immediately preceding such third conviction he shall be punished by imprisonment for not less than 90 days nor more than 12 months, and, in the discretion of the court, a fine of not more than $1,000.00,

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and upon a third and subsequent conviction when the two last prior convictions have occurred within the four years immediately preceding such third conviction his driver's license shall be revoked for two years. Sec. 47,Act of 1953 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. WARM AIR HEATING EQUIPMENT ACT AMENDED. No. 408 (House Bill No. 468). An Act to amend an Act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949, (Ga. L. 1949, p. 1622), as amended, so as to provide that counties having a population of not less than 6008 and not more than 6079 inhabitants according to the United States census of 1950 or any other future United States census shall come within the terms and provisions of said Act; 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 installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, and investigations, and penalties for heating contractors under this Act, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, is hereby amended by adding a new section to said section to be known as Section 1A to read as follows:

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Section 1A. All counties in the State of Georgia having a population of not less than 6008 and not more than 6079 inhabitants according to the United States census of 1950 or any future United States census shall come within the terms and provisions of this Act and shall be subject to regulation by the board herein provided for to the same extent and for the same purposes as those counties originally included. Counties in which applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. DUTIES OF SUPERIOR COURT CLERKS. Code 24-2715 Amended. No. 409 (House Bill No. 400). An Act to amend Section 24-2715, relating to the additional duties of the clerks of the superior courts, so as to provide that the clerk of the superior court shall make a record of each sex criminal convicted in the county; to specify certain data to be incorporated in said record; to require the clerk to furnish a copy of said record to a central State agency; to designate a central State agency; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 24-2715, relating to the additional duties of the clerks of the superior courts is hereby amended by adding a new paragraph to said section to be known as Section 20, and to read as follows: 24-2715, 20. The clerk of the superior court shall keep a separate record of each sex criminal convicted in

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the county. For the purposes of this Act a sex criminal shall be one who is convicted of one of the following crimes: (1) Rape (2) Attempted rape (3) Molesting a minor child or female (4) Sodomy (5) Bestiality (6) Incest (7) Kidnapping of a female (8) Soliciting for prostitution, or (9) Peeping Tom. The record of each sex criminal shall contain the following information concerning the prisoner: Records of sex crimes. (1) Name to include any alias. (2) Age. (3) Race. (4) Physical characteristics. (5) Nature of crime. (6) Previous sex crimes for which convicted in county. (7) Previous crimes for which convicted in county. (8) Permanent home address. (9) Any other pertinent information which may be deemed necessary by the State agency processing and filing said records. At a time not later than one term subsequent to the prisoner's conviction said record shall be furnished to the Georgia State Crime Laboratory on a form provided by said Georgia State Crime Laboratory. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND SURVEYORS. No. 410 (House Bill No. 294). An Act to amend an Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, approved March 8, 1945 (Ga. L. 1945, p. 294), so as to provide a change in the definition of the term engineer-in-training; to change the qualifications for registration as a professional engineer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, approved March 8, 1945 (Ga. L. 1945, p. 294), is hereby amended by striking from Section 4 Paragraph (a) in its entirety, and in lieu thereof inserting the following: (a) A graduate in an approved engineering curriculum of four years or more from a school or college approved by the board as of satisfactory standing and who in addition, has successfully passed a written examination in the fundamental engineering subjects; or so that Section 4, as so amended shall read: Sec. 4, Act of 1945, amended. Section 4. The term `professional engineer' as used in this Act, shall mean a person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles by which mechanical properties of matter are made useful to man in structures and machines, acquired by professional education and practical experience, to engage in the practice of engineering as hereinafter defined. Professional engineer. The term `Engineering' as used in this Act shall mean the practice of the art and science by which mechanical properties of matter are made useful to man in structures

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and machines, and shall include any professional service, such as consultation, investigation, evaluation, planning, designing, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment processes, works or projects, wherein the public welfare, or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of civil, electrical, chemical or mechanical engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice professional engineering, within the meaning of this Act, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself out as able or qualified to perform, or who does perform any of the services hereinbefore set out. Nothing contained in this Act shall include the work ordinarily performed by persons who operate or maintain machinery or equipment. Engineering. The term `engineer-in-training' as used in this Act shall mean a candidate for registration as a professional engineer who is (a) A graduate in an approved engineering curriculum of four years or more from a school or college approved by the board as of satisfactory standing and who in addition, has successfully passed a written examination in the fundamental engineering subjects; or Engineer-in-training. (b) Who has had four years or more of experience in engineering work of a character satisfactory to the board, and who, in addition, has successfully passed the examination in the fundamental engineering subjects prior to completion of the requisite years of experience in engineering work. (c) Who shall have received from the board, as here-inafter defined, a certificate stating that he has successfully passed this portion of the examinations as provided in Section 24 of this Act. The term `land surveyor' as used in this Act shall mean a person who engages in the practice of land surveying as hereinafter defined. Land surveyor. The practice of land surveying within the meaning and intent of this Act includes surveying of areas of the earth surface for their correct determination and description and for conveyancing, and recording, or for the establishment or re-establishment of land boundaries and the plotting of land and subdivisions thereof. The term `board' as used in this Act shall mean the State Board of Registration for Professional Engineers and Land Surveyors, provided for by this Act.

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Section 2. Said Act is further amended by striking Paragraph (a) of Section 18, and in lieu thereof inserting the following: (a) Graduation in an approved engineering curriculum of four academic years or more from a school or college approved by the board as of satisfactory standing; the successful passing of a written examination in the fundamental engineering subjects, unless the applicant has been issued an engineer-in-training certificate; and a specific record of an additional four years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to practice professional engineering. (In counting years of experience, the board at its discretion may give credit not in excess of one year, for satisfactory graduate study in engineering), provided that in a case where evidence presented in the application does not appear to the board conclusive nor warranting the issuing of a certificate of registration, the applicant may be required to present further evidence for the consideration of the board, and may also be required to pass an oral or written examination, or both, as the board may determine; or Sec. 18 amended.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. VOTING BY MAIL Code 34-330134-3303, 34-3307 Amended. No. 412 (House Bill No. 323). An Act to amend Chapter 34-33 of the Code of Georgia, as amended, particularly by an Act approved February 21, 1955 (Ga. L. 1955, p. 204), and an Act approved March 16, 1955 (Ga. L. 1955, p. 732, relating 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 registered mail, so that said mailing may be done by ordinary mail; to provide for absentee voting by persons who are unable 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, particularly by an Act approved February 21, 1955 (Ga. L. 1955, p. 204), and an Act approved March 16, 1955 (Ga. L. 1955, p. 732), relating to the right of citizens to vote by registered mail, is hereby amended by striking said section in its entirety, and substituting in lieu thereof a new Section 34-3301, to read as follows: Code 34-3301 amended. 34-3301. 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

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to vote in person, may vote by mail; provided that he or some member of his 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 (10) days nor more than sixty (60) days prior to the primary or election in which he may desire to participate. New section. Section 2. Section 34-3302 of the Code, as amended, particularly by an Act approved February 21, 1955 (Ga. L. 1955, p. 204), and an Act approved March 16, 1955 (Ga. L. 1955, p. 732), relating to the application for ballot, is hereby amended by striking said section in its entirety, and substituting in lieu thereof a new Section 34-3302, to read as follows: 34-3302 amended. 34-3302. Said voter shall by mail forward to the registrars of the county of his residence a letter of application for a ballot. 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. New section. Section 3. Section 34-3303 of the Code, as amended, particularly by an Act approved February 21, 1955 (Ga. L. 1955, p. 204), and an Act approved March 16, 1955 (Ga. L. 1955, p. 732), relating to opening of the ballot by the voter, is hereby amended by striking said section in its entirety, and substituting in lieu thereof a new Section 34-3303, to read as follows: 34-3303 amended. 34-3303. Upon 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 a physical disability makes it

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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 coupon hereinafter provided shall be enclosed within the envelope addressed to the registrars, and immediately mailed. New section. Section 4. Section 34-3307 of the Code, as amended, particularly by an Act approved February 21, 1955 (Ga. L. 1955, p. 204), and an Act approved March 16, 1955 (Ga. L. 1955, p. 732), relating to the opening of the envelope containing the ballot, is hereby amended by striking said section in its entirety, and substituting in lieu thereof a new Section 34-3307, to read as follows: 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 laws to attest deeds, who shall see that the ballot is duly deposited in the mails after the completion thereof. The voter shall mark and refold the ballot without assistance, except as provided in Section 34-3303, and shall not disclose the manner in which it has been marked, and 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. New section. 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.

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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 have assisted the voter because of physical disability.') (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 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. WAITING ROOMS AND FACILITIES FOR PASSENGERS. No. 413 (House Bill No. 267). An Act to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel; to prescribe misdemeanor punishment therefor; to provide for injunction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That all common carriers of passengers for

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hire providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel, as follows: (a) For white passengers traveling in intrastate travel, a separate waiting or reception room shall be provided, above the entrance of which shall be painted or shown in bold letters the word, White Waiting Room, Intrastate Passengers. Waiting rooms. (b) For all other passengers traveling in intrastate or interstate travel, a separate waiting or reception room shall be provided, above the entrance of which shall be painted or shown in bold letters: Waiting Room, Interstate Passengers and Colored Intrastate Passengers. (c) There shall also be provided, where such accommodations are furnished, separate toilets and separate facilities for drinking water for colored passengers and separate toilets and separate facilities for drinking water for white passengers: Provided, that the separate toilets and separate facilities for drinking water for all white passengers may be provided as a part of or in connection with the separate waiting room for white intrastate passengers. Section 2. Any common carrier violating the privisions of this Act shall be guilty of a misdemeanor and punished as provided therefor by law. Violations. Section 3. Each day that such carrier refuses or fails to comply with this Act shall be considered a separate and distinct offense. Section 4. The solicitor-general of the circuit wherein a violation of this Act occurs may institute action in the superior court to enjoin such violation, without regard to whether such violation would, under general principles of law, constitute a nuisance. Actions to enforce. Section 4A. Each provision of this Act is separately

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enacted and if any section or provision thereof shall be held to be unconstitutional or invalid for any reason, the remaining portions shall be unaffected. If this Act or any section or provision of this Act shall be held to be invalid or unconstitutional as applied to any person or group of persons, the same shall continue of full force and effect with respect to all other persons and groups of persons. If this Act or any section or provision of this Act shall be held to be invalid or unconstitutional in relation to any circumstance or set of circumstances, the same shall continue of full force and effect as to all other circumstances situations, and facts and circumstances. Section 5. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1956. DEPARTMENT OF PUBLIC SAFETY SALARIES OF OFFICERS AND TROOPERS. No. 414 (House Bill No. 560). An Act to provide for a change in the salaries of the officers, non-commissioned officers and troopers of the Uniform Division of the Department of Public Safety and the members of the Georgia Bureau of Investigation of the Department of Public Safety; 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 April 1, 1956, each officer, non-commissioned officer and trooper of the Uniform Division of the Department of Public Safety, and each member of the Georgia Bureau of Investigation of the Department of Public Safety, shall receive an increase in compensation in the amount of $365.00 per year, which

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shall be in addition to all other compensation and allowances now received. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. STATE WAREHOUSE ACT AMENDED. No. 416 (House Bill No. 145). An Act to amend an Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 412), as amended by an Act approved February 23, 1955 (Ga. L. 1955, p. 261), so as to provide a change in the bond requirements; to provide that reports of inspectors or examiners of the Commodity Credit Corporation or any other Federal agency shall be admissible in evidence when sworn to; to change the publication provisions; to provide for the suspension of licenses pending investigation and until the violation has been corrected; to provide for the impounding of books and records and detention of commodities pending investigation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 412), as amended by an Act approved February 23, 1955 (Ga. L. 1955, p. 261), is hereby amended by striking Section 6 in its entirety and in lieu thereof inserting the following: Section 6. Every person intending to engage in business as a warehouseman under the provisions of this Act shall, prior to commencing such business and periodically

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thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the State executed only by a surety corporation of the warehouseman's choice qualified under the laws of the State to secure the faithful performance of his obligations as a warehouseman under the terms of this Act and the rules and regulations prescribed thereunder. Said bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded and to be in a minimum amount of not less than $5,000.00. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used, but in no event shall the amount of the bond be required to exceed 12% of the value of the products stored, and shall be in such form and amount, shall have such surety or sureties, subject to service of process in suits on the bonds with this State, as the Commissioner may prescribe; provided, however, the minimum bond shall be $5,000.00. Whenever the Commissioner shall determine that a previously approved bond has, for any cause become insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section. Unless same be given within the time fixed by a written demand therefor, the license of such warehouseman shall be suspended or revoked; provided, however, that the provisions of Sections 26 and 27 shall apply to this as well as all other sections of this Act. Surety bond. Section 2. Said Act, as amended, is further amended by striking Section 18 in its entirety and in lieu thereof inserting the following: Section 18. The Commissioner may publish the names and locations of warehouses licensed and bonded, the names and addresses of persons licensed under this Act, and lists of all licenses terminated under this Act and the causes therefor. Whenever it is found, under this Act, that such warehouseman is not performing the duties imposed on him by this Act and the rules and regulations made hereunder, the Commissioner may publish his findings. Publication of licensed and bonded warehouses.

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Section 3. Said Act, as amended, is further amended by adding to Section 24 a new paragraph to read: Section 24 (c). At such time the Commissioner or Director deems there has been a violation of the law and the rules and regulations, he shall have the power and authority to suspend the license of the warehouseman pending the investigation of such violation or until at such time the violation has been corrected to the satisfaction of the Commissioner or Director, and that during the period of time of any investigation of a violation the Commissioner or Director shall have the power and authority to impound all books and records and withhold all commodities from moving until said investigation is completed. Suspension of licenses. Section 4. Said Act, as amended, is further amended by striking Section 28 in its entirety and in lieu thereof inserting the following: Section 28 (a). The Commissioner may suspend or revoke any license issued to any warehouseman to conduct a public warehouse under this Act for any violation of or failure to comply with any provisions of this Act or the rules and regulations made thereunder. Suspension and revocation of licenses. (b). In the event the Commissioner after a hearing finds and determines that a public warehouse is being operated in violation of the laws and regulations and in jeopardy of the public interest, he, in addition to revoking the license to operate such public warehouse, may, in his discretion, file a petition for receivership and liquidation in the superior court of the county in which the warehouse is located. Actions. (c). When any license has been suspended or revoked, the Commissioner or his authorized agents shall have the power and authority to take possession of all unused State bonded receipts and impound same until such time that said license has been reinstated.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. PROFESSIONAL LICENSESRENEWAL. No. 418 (House Bill No. 467). An Act to prescribe fees for the renewal of professional licenses, to require annual renewal of professional licenses, to amend existing laws so as to require renewals of licenses, to amend existing laws relating to fees required for the renewal of professional licenses, to designate the procedure to be used in renewing professional licenses, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The first paragraph of Section 28 of the Act of March 8, 1945 (Ga. L. 1945, pp. 294, 307), relating to fees for the renewal of certificates of professional engineers and land surveyors is hereby amended by striking out the first sentence thereof and substituting a new sentence to read as follows: Renewals of certificates of registration by professional engineers and land surveyors may be effected at any time during the month of December for a period of one year by the payment of a fee of $3.50; so that the paragraph as amended shall read as follows: Professional engineers and land surveyors. Renewal of certificates of registration by professional engineers and land surveyors may be effected at any time during the month of December for a period of one year by the payment of a fee of $3.50. The failure on the part of any registrant to renew his certificate upon expiration in the month of December when notified as required above, shall not deprive such person of the right to renewal, but the fee to be paid for the renewal

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of the certificate if not paid by March first shall be the renewal fee plus an additional fee of four dollars ($4). Section 2. Section 16 (relating to the expiration and renewal of licenses of registered foresters) of the Act of February 21, 1951 creating a State Board of Registration for Foresters (Ga. L. 1951, pp. 581-590) is hereby amended by striking the third sentence thereof and inserting in its place the following: The annual renewal fee shall be ten dollars. And by striking the words so fixed by the board at the end of the fourth sentence so that the third and fourth sentences so amended shall read as follows: Foresters. The annual renewal fee shall be ten dollars. Renewal of licenses for the following year may be effected at any time during the month of December of the year in which such license has been issued or renewed by the payment of the renewal fee. Section 3. Code Section 84-915, relating to the issuance of licenses to practice medicine, is hereby amended by adding a new paragraph to read as follows: Code 84-915 amended. All licenses to practice medicine shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal shall be $3.00. On December 1, the Joint-Secretary, State Examining Boards, shall mail to each person holding a license to practice medicine a blank to be used in applying for renewal of his license and a statement of the fee. Upon receipt of the application and renewal fee, the Joint-Secretary, acting under the direction of the State Board of Medical Examiners, shall be authorized to renew a license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal, but the renewal fee if submitted after December 31 shall be $10. Physicians. Section 4. Code Section 84-1010, relating to the annual validation of certificates of registered nurses, is

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hereby amended by striking the figure $1 in the second sentence and substituting the figure $3, so that said Section shall read as follows: Code 84-1010 amended. 84-1010. Annual validation of certificate of registered nurses.Annually during the months of January or February every registered nurse shall be required to have her certificate validated by the issuance of a card attesting her right to practice as a registered nurse for the current year. The request for validation shall be accompanied by a fee of $3 and shall be sent to the Secretary, State Examining Boards. On March 1 of each year the roster of nurses who have validated their certificates shall be taken; and the same shall be printed within 60 days thereafter in such form and manner as may be determined by the board. Any certificates not validated may be revoked. Registered voters. Section 5. Code Section 84-1012, relating to licenses for undergraduate nurses, is hereby amended by striking the phrase 50 cents in the third sentence thereof and substituting the phrase three dollars, so that this sentence shall read as follows: This request for validation shall be accompanied by a fee of three dollars. Undergraduate nurses. Section 6. Section 6 (relating to the renewal of licenses of practical nurses) of the Act of March 2, 1953 providing for the licensing of practical nurses (Ga. L. 1953, Jan.-Feb. Sess., pp. 333, 335) is hereby amended by striking the words and figures one dollar ($1.00) in the second sentence thereof and substituting the words and figures three dollars ($3.00) so that said second sentence shall read as follows: Such application shall be accompanied by a renewal fee of three dollars ($3.00). Practical nurses. Section 7. Code Section 84-1109, relating to the annual registration of all persons practicing optometry, is hereby amended by striking the figure $3 in the first sentence thereof and substituting the figure $3.50. Said sentence as amended shall read as follows: All persons practicing optometry shall register annually with

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the Joint-Secretary, State Examining Boards, and shall pay an annual registration fee of $3.50 on or before January 10 in each year. Optometrists. Section 8. Code Section 84-1207, relating to licenses to practice osteopathy is hereby amended by adding thereto a new paragraph to read as follows: Code 84-1207 amended. Licenses to practice osteopathy shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal shall be $3.00. On December 1 the Joint-Secretary, State Examining Boards, shall mail to each person holding a license to practice osteopathy a blank to be used in applying for renewal of his license, and a statement of the fee. Upon receipt of the renewal fee, the Joint-Secretary, acting under the direction of the State Board of Osteopathic Examiners, shall be authorized to grant renewal of a license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal, but the renewal fee if submitted after December 31 shall be $10.00. Osteopaths. Section 9. Section 16 (relating to the renewal of licenses by psychologists) of the Act of February 21, 1951 making provision for licenses for applied psychologists (Ga. L. 1951, pp. 408, 416) is hereby amended by striking the words two dollars in the first sentence thereof and substituting the words three dollars. Said sentence as amended shall read as follows: Psychologists. During the month of January of each year, every license holder shall apply to the board for a renewal of his license and if, at the discretion of the board, the license is renewed, he shall pay to the board a renewal fee of three dollars and shall receive a renewal license. Section 10. Code Section 84-1505, relating to licenses to practice veterinary medicine or surgery is hereby amended by adding thereto a new paragraph to read as follows: Code 84-1505 amended.

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All licenses to practice veterinary medicine or surgery shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal shall be $2.00. On December 1 the Joint-Secretary, State Examining Boards, shall mail to each person holding a license to practice veterinary medicine or surgery a blank to be used in applying for renewal of his license and a statement of the fee. Upon receipt of the application and renewal fee, the Joint-Secretary, acting under the direction of the State Board of Veterinary Examiners, shall be authorized to renew a license. Failure to apply for renewal of a license and to remit the renewal fee shall not withdraw the right of renewal, but the renewal fee if submitted after December 31 shall be $10.00. Veterinarians. Section 11. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. ADOPTION. Code Ch. 74-4 Amended. No. 419 (House Bill No. 352). An Act to amend an Act entitled An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, so as to authorize the granting of jurisdiction relative to certain matters concerning adoption to the juvenile courts; 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 to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes, is hereby amended by adding in the end of the first sentence of Section 1 the words except such jurisdiction as may be granted to the juvenile courts that when so amended Section 1 shall read as follows: Section 1. The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption, except such jurisdiction as may be granted to the juvenile courts. All petitions for adoption shall be filed in the county in which the adopting parent or parents reside, except that upon good cause being shown, the court of the county in which the adoption is sought, in its discretion may allow the petition to be filed in the county of the child's domicile, or in the county in which is located any licensed child-placing agency having legal custody of the child sought to be adopted. Petitions for adoption. Section 2. Said Act is further amended by striking Section 13 relating to annulment and inserting in lieu thereof a new Section 13 to read as follows: Section 13. If at any time after the adoption the adopting parents fail faithfully to perform their obligations to the child, and such child is seventeen years or older, or if within seven years after his final adoption a child, regardless of age, develops feeble-mindedness, epilepsy, insanity or venereal diseases as a result of conditions existing prior to his adoption and of which the adopting parents had no knowledge or information, or for other good cause shown unto the court, a petition setting forth such facts may be filed by any person or public or private agency, showing good cause therefor, in the court which entered the final decree of adoption, and if such conditions are proved to the satisfaction of

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the court, the adoption may be declared null and void. The court shall thereupon make proper disposition of the child by commitment to an appropriate State institution as provided by the laws of the State of Georgia, or provide for the disposition of the child as may be to his best interest and to that of the State. Adoption declared null and void, when. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. ABSENTEE VOTING BY MEMBERS OF MILITARY. No. 420 (House Bill No. 394). An Act to amend an Act providing for absentee voting by members of the military, approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 244), as amended by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 335), so as to make the provisions of said Act apply to spouses and dependents of the members of the military; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for absentee voting by members of the military, approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 244), as amended by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 335), is hereby amended by adding a new paragraph to Section 4, as follows: This Act shall also apply to the spouse and dependents of any member of the military, as defined herein, and the tax collectors and the tax commissioners and the registrars of the several counties are hereby authorized and directed to make provisions for the registration and

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voting of such spouses and dependents, the same as for members of the military, and are authorized to vary the literal language of the form of the registration card provided for herein, and to make whatever other modifications are necessary in order to carry out the intent of this paragraph, so that such spouses and dependents will also be able to register and vote under the terms of this Act. so that when so amended, Section 4 shall read as follows: Sec. 4. Act of 1953, amended. Section 4. The term `military' as used in this Act shall mean enlisted and commissioned members, male and female, of the Army of the United States, the United States Air Force, the United States Navy, the United States Marines Corps, the United States Coast Guard or any of their respective components who are citizens of Georgia. This Act shall also apply to the spouse and dependents of any member of the military, as defined herein, and the tax collectors and the tax commissioners and the registrars of the several counties are hereby authorized and directed to make provisions for the registration and voting of such spouses and dependents, the same as for members of the military, and are authorized to vary the literal language of the form of the regisration card provided for herein, and to make whatever other modifications are necessary in order to carry out the intent of this paragraph, so that such spouses and dependents will also be able to register and vote under the terms of this Act. Act applicable to spouses and dependents. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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PARENTS' LIABILITY FOR CHILD'S WILFUL TORTS. No. 421 (House Bill No. 351). An Act to provide that the parent having the custody and control of a minor child or children under the age of seventeen shall be liable for the wilful and wanton acts of vandalism of said minor child or children and further to provide that nothing in this Act shall be construed to affect liability of said parent under the family-purpose car doctrine or any statutes now in force and effect, to repeal conflicting laws and for other purposes. Be it further enacted by the General Assembly of Georgia: Section 1. Every parent having the custody and control of a minor child or children under the age of seventeen shall be liable for the wilful and wanton acts of vandalism of said minor child or children resulting in injury or damage to the person or property of another; provided, however, that this Act shall be cumulative and shall not be restrictive of any remedies now available to any person, firm, or corporation for injuries of damages arising out of the acts, torts, or negligence of a minor child under the family-purpose car doctrine or any statutes now in force and effect in the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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CONTINUANCES IN CASES WHERE ATTORNEY GENERAL OF COUNSEL. No. 422 (Senate Bill No. 33). An Act to provide for the continuance of cases pending in the courts of this State in which the Attorney General is of counsel when the Attorney General and his staff are occupied in aid of the business of the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When any case pending in the courts of this State in which the Attorney General is of counsel is scheduled to be called for any purpose during sessions of the General Assembly, or during a period of fifteen (15) days preceding or following sessions of the General Assembly, on motion of the Attorney General or an Assistant Attorney General, it shall be a good ground for continuance that the Attorney General and his staff are occupied in aid of the business of the General Assembly. Section 2. This Act shall be effective immediately upon its enactment by the General Assembly and approval by the Governor as to all cases then or thereafter pending in the courts of this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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PUBLIC SALES UNDER EXECUTION. Code 39-1201 Amended. No. 425 (House Bill No. 257). An Act to amend Section 39-1201 of the Code of Georgia, 1933, relating to the time, place and manner of holding public sales of property under execution, by providing that by general order of the presiding judge of the superior court of the county, published in the official newspaper of the county and entered upon the minutes of the court, all such sales within a county may be held at a place other than at the courthouse in counties where, in the opinion of such judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets; to provide that no such property shall be sold at a place different from that shown in the advertisement of the sale; to make such amendment applicable to all public sales required to be conducted in the manner of sheriff's sales; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 39-1201 of the Code of Georgia, 1933, relating to the time, place and manner of holding public sales of property under execution be and the same is hereby amended by adding thereto the following: Provided further that by general order of the presiding judge of the superior court of the county, published in the official newspaper of the county and entered on the minutes of the court, all sales of property under execution within a county may be held at a place other than at the courthouse where, in the opinion of such judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets; but no such property shall be sold at

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a place different from that shown in the advertisement of the sale. Any change in the place of such sales within any county, as herein provided, shall also apply to all public sales within the county required to be conducted in the manner of sheriff's sales, so that said Section 39-1201, as amended, will read as follows: Code 39-1201 amended. Section 39-1201. Place, time and manner of sales.Sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where such levy was made, on the first Tuesday in each month, between the hours of 10 A.M. and 4 P.M., and at public outcry: Provided, that in all cases where any sheriff, coroners, or other levying officer shall levy any execution or other legal process upon any corn, lumber, timber of any kind, bricks, machinery, or other articles difficult and expensive to transport, said officer may sell said property without carrying and exposing the same at the courthouse door on the day of sale, but the levying officer shall give a full description of the property and the place where it is located in the advertisement of the sale. Provided further that by general order of the presiding judge of the superior court of the county, published in the official newspaper of the county and entered on the minutes of the court, all sales of property under execution within a county may be held at a place other than at the courthouse where, in the opinion of such judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets; but no such property shall be sold at a place different from that shown in the advertisement of the sale. Any change in the place of such sales within any county, as herein provided, shall also apply to all public sales within the county required to be conducted in the manner of sheriff's sales. Place, time and manner of sales. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956.

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UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT. No. 426 (House Bill No. 383). An Act to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto, to authorize this State and the courts in this State to cooperate with other States and their courts in a civil action to their mutual benefit in relation to enforcing duties of support where persons owing a duty of support are in one State and persons to whom the duty of support is owed are in another State; to provide for extradition of criminal warrants in such matters; to provide for definitions; to provide for its use where persons owing a duty of support are in one county of this State and persons to whom the duty of support is owed are in another county of this State; to provide for this State or a political subdivision thereof, to recover support previously paid when the person owing the duty of support is in another State; to provide for jurisdiction and powers of court; to provide cases in which proceedings are maintainable; to provide procedure; to provide duty of petitioner's representative; to provide for costs and fees and for a method of payment of same; to provide for rules of evidence in such actions; to provide that a husband and wife shall be competent witnesses against each other in such proceedings; to provide for methods of collection and disbursement of all funds collected in such actions; to provide for construction of this Act; to provide uniformity of interpretation; to provide separability; to repeal conflicting laws and specifically to repeal Uniform Support of Dependents Law (Ga. L. 1951, pp. 107 et seq.); and for other purposes. Part IGeneral Provisions. Section 1. Purposes. The purposes of this Act are to improve and extend by reciprocal legislation the enforcement

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of duties of support and to make uniform the law with respect thereto. Section 2. Definitions. As used in this Act unless the context requires otherwise. (1) State includes any State, territory or possession of the United States and the District of Columbia in which this or a substantially similar reciprocal law has been enacted. (2) Initiating State means any State in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced. (3) Responding State means any State in which any proceeding pursuant to the proceeding in the initiating State is or may be commenced. (4) Court means the superior court of this State and when the context requires, means the court of any other State as defined in a substantially similar reciprocal law. (5) Law includes both common and statute law. (6) Duty of support includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial (legal) separation, separate maintenance or otherwise, and without limitation specifically included for the purpose of this Act, the following: (a) A husband in one State is hereby declared to be liable for the support of his wife in conformity with the support laws of this State, and any child or children under eighteen years of age and residing or found in the same State or in another State having substantially similar or reciprocal laws, and, if possessed of sufficient means or able to earn such means, may be required to

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pay for this support a fair and reasonable sum according to his means, as may be determined by the court having jurisdiction of the respondent in a proceeding instituted under this Act. Notwithstanding the fact that the respondent has obtained in any State or county a final decree of divorce or separation from his wife or a decree dissolving his marriage, the respondent shall be deemed legally liable for the support under this Act of any dependent child of such marriage, whether or not there has been an award of alimony or support for said child or children. (b) A mother in one State is hereby declared to be liable for the support of her child or children under eighteen years of age residing or found in the same State or in another State having substantially similar or reciprocal laws, whenever the father of such child or children is dead, or cannot be found, or is incapable of support of such child or children, and if she is possessed of sufficient means or able to earn such means, she may be required to pay for the support of such child or children a fair and reasonable sum according to her means, as may be determined by the court having jurisdiction of the respondent in a proceeding instituted under this Act. (c) The parents in one State are hereby declared to be severally liable for the support of a child eighteen years of age or older, residing or found in the same State or in another State having substantially similar or reciprocal laws, whenever such child is unable to maintain himself and is likely to become a public charge. (d) A child or children born of parents, who at any time prior or subsequent to the birth of such child, have entered into a civil or religious marriage ceremony, shall be deemed the legitimate child or children of both parents, regardless of the validity of such marriage. (e) A child or children born to parents who held or hold themselves out as husband and wife by virtue of a

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common-law marriage recognized as valid by the laws of the initiating State and of the responding State shall be deemed the legitimate child or children of both parents. (f) A woman who was or is held out as wife by a man by virtue of a common-law marriage recognized as valid by the laws of the initiating State and of the responding State shall be deemed the legitimate wife of such man. (g) Whenever a man has been adjudicated by a court of competent jurisdiction in this State as the father of an illegitimate child he shall be legally liable for the support of said child in the same manner as he would owe the duty of support if such child were his legitimate child. (7) Obligor means any person owing a duty of support. (8) Obligee means any person to whom a duty of support is owed. Section 3. Remedies addition to those now existing. The remedies hereby provided are in addition to and not in substitution of any other remedies. Section 4. Extent of duties of support. Duties of support arising under the law of this State, when applicable under Section 7, bind the obligor, present in this State, regardless of the presence or residence of the obligee. Section 4A. A proceeding to compel support of an obligee may be maintained under this Act by an obligor where both obligee and obligor are residents of or domiciled or found in different counties of this State. Whenever a proceeding under this Act is so used, what has been written in other parts of this Act as initiating State shall be read as if written initiating county, and where it is written as responding State shall be read as if written responding county.

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Part IICriminal Enforcement. Section 5. Interstate rendition. (a) The Governor of this State (1) may demand from the Governor of any other State the surrender of any person found in such other State who is charged in this State with the crime of failing to provide for the support of any person in this State and (2) may surrender on demand by the Governor of any other State any person found in this State who is charged in such other State with the crime of failing to provide for the support of a person in such other State. The provisions for extradition of criminals not inconsistent herewith shall apply to any such demand although the person whose surrender is demanded was not in the demanding State at the time of the commission of the crime and although he had not fled therefrom. Neither the demand, the oath nor any proceedings for extradition pursuant to this section need state or show that the person whose surrender is demanded has fled from justice, or at the time of the commission of the crime was in the demanding or other State. (b) When the extradition of an obligor in this State has been demanded by the Governor of any other State, the said obligor may be relieved of extradition to such other States if he submits himself to the jurisdiction of the superior court of this State in the county where he is found and complies with the court's order of support. In order to submit himself to the jurisdiction of the superior court of this State, such obligor shall file with the court a verified petition containing the following information: 1. His name and permanent address; 2. The names, address and ages of his obligees in the demanding State; 3. His financial circumstances; 4. That he is willing to submit himself to the jurisdiction of the court of this State and to comply with its order of support; and 5. Such other information as he believes to be pertinent and material.

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(c) The court shall make a temporary order of support and shall continue the matter pending the receipt of such further information as the court may deem necessary or advisable. Two certified copies of the temporary order of support shall be delivered to the office of the Governor and one plain copy shall be delivered to the solicitor-general. Upon receipt of the certified copies of the order of support, the Governor may in his discretion suspend extradition proceedings so long as the obligor complies with the temporary order of support and with any other orders of support which may thereafter be entered. Part IIICivil Enforcement. Section 6. Choice of law. Duties of support applicable under this Act are those imposed or imposable under the laws of any State where the obligor was present during the period for which support is sought. The obligor is presumed to have been present in the responding State during the period for which support is sought until otherwise shown. Section 7. Remedies of a State or political subdivision thereof furnishing support. Whenever the State or a political subdivision thereof furnishes support to an obligee, it has the same right to invoke the provisions hereof as the obligee to whom the support was furnished for the purpose of securing reimbursement of expenditures so made and of obtaining continuing support. Provided, however, that the provisions of this section shall not be invoked unless the court having jurisdiction of the matter shall be satisfied that efforts on the part of said State or political subdivision to secure reimbursement

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for previous support shall not jeopardize the enforcement of the court's orders for present or future support of the dependent or dependents involved, and said court shall have the right at any time to enter appropriate orders to carry out the provisions of this section. Section 8. How duties of support are enforced. All duties of support are enforceable by petition irrespective of relationship between the obligor and obligee. Jurisdiction of all proceedings hereunder shall be vested in the superior courts of the various counties of this State. The petition must be commenced in the county of the residence of the obligee. Section 9. Contents of petition for support. The petition shall be verified and shall state the name and, so far as known to the plaintiff, the address and circumstances of the defendant and his dependents for whom support is sought and all other pertinent information. The plaintiff may include in or attach to the petition any information which may help in locating or identifying the defendant, including, but without limitation by enumeration, a photograph of the defendant, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer, his finger prints, or Social Security number. Provided, however, that no cause of action shall arise unless the obligee is in need of support or the obligor has failed and refused to support said obligee. Section 10. Officials to represent plaintiff. The solicitor-general of each superior court shall represent the plaintiff in any proceeding under this Act, and for such services he shall be paid the sum of fifty ($50.00) dollars for each petition handled whether this State is the initiating or responding State, which sum shall be in addition to any other fees, salaries or emoluments now received by the solicitor-general from any source whatsoever. In all counties in which the clerk of the superior court and the sheriff of said county are on a fee basis, the solicitor-general shall pay from said sum so received

Page 710

by him to the said clerk and to the said sheriff such fees as are allowed by law to the said clerk and to said sheriff for filing of process and service of petitions filed under this Act. Provided, however, the above stated sum shall not be paid to the solicitor-general if he is compensated specifically by the county in which the petition is heard for rendering this service or is provided with an assistant for the entire circuit who is an attorney-at-law but such sums shall be paid into the treasury of said county. Provided, further, however, that before the said sum shall be paid the case must have been successfully concluded. Section 11. Petition for a minor. A petition on behalf of a minor obligee may be brought by a person having custody of the minor without appointment as guardian ad litem. Section 12. Duty of court of this State as initiating State. If the court of this State acting as an initiating State finds that the petition sets forth facts from which it may be determined that the defendant owes a duty of support and that a court of the responding State may obtain jurisdiction of the defendant or his property, it shall so certify and shall cause three copies of (1) the petition (2) its certificate and (3) this Act to be transmitted to the court in the responding State. If the name and address of such court is unknown and the responding State has an information agency comparable to that established in the initiating State it shall cause such copies to be transmitted to the State information agency or other proper official of the responding State, with a request that it forward them to the proper court, and that the court of the responding State acknowledge their receipt to the court of the initiating State. Section 13. Costs and fees. A court of this State acting either as an initiating or responding State may in its discretion

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direct that any part of or all fees and costs incurred in this State, including without limitation by enumeration, fees for filing, service of process, seizure of property, and stenographic service of both plaintiff and defendant, or either, shall be paid by the State and shall direct that the solicitor-general's fee be paid by the State. The court may order that when the State has paid the costs above that a fi. fa. be issued against the defendant to reimburse the State for its expenditures. Where the action is brought by or through the State or an agency thereof, there shall be no filing fee. Section 14. Jurisdiction by arrest. When the court of this State, acting either as an initiating or responding State, has reason to believe that the defendant may flee the jurisdiction it may (a) as an initiating State request in its certificate that the court of the responding State obtain the body of the defendant by appropriate process if that be permissible under the law of the responding State; or (b) as a responding State, obtain the body of the defendant by appropriate process. Section 15. State information agency. The Attorney General is hereby designated as the State information agency under this Act, and it shall be his duty: (1) To compile a list of the courts and their addresses in this State having jurisdiction under this Act and transmit the same to the State information agency of every other State which has adopted this or a substantially similar Act. (2) To maintain a register of such lists received from other States and to transmit copies thereof as soon as possible after receipt to every court in this State having jurisdiction under this Act. (3) To pay all fees and costs upon proof by same by order of judge of the superior court having jurisdiction of the petition. Section 16. Duty of the court of this State as responding

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State. When the court of this State, acting as a responding State, receives from the court of an initiating State the aforesaid copies, it shall (1) docket the cause, (2) notify the solicitor-general, (3) set a time and place for a hearing, and (4) take such action as is necessary in accordance with the laws of this State to obtain jurisdiction. Section 17. Further duty of responding court. If a court of this State, acting as a responding State, is unable to obtain jurisdiction of the defendant or his property due to inaccuracies or inadequacies in the petition or otherwise, the court shall communicate this fact to the court in the initiating State, shall on its own initiative use all means at its disposal to trace the defendant or his property, and shall hold the case pending the receipt of more accurate information or an amended petition from the court in the initiating State. The local police authorities and the State police shall cooperate with the court in locating any defendant alleged by petition to be present in this State. Section 18. Procedure. In any proceeding under this Act the court may order interrogatories or depositions to be taken within or without the State pursuant to the provisions of law applicable to a court of record. Section 19. Order of support. If the court of the responding State finds a duty of support, it may order the defendant to furnish support or reimbursement therefor and subject the property of the defendant to such order. Section 20. Responding State to transmit copies to initiating State. The court of this State when acting as a responding State shall cause to be transmitted to the court of the initiating State a copy of all orders of support or for reimbursement therefor. Section 21. Additional powers of court. In addition to the foregoing powers, the court of this State when acting as the responding State has the power to subject

Page 713

the defendant to such terms and conditions as the court may deem proper to assure compliance with its orders and in particular (a) To require the defendant to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the defendant. (b) To require the defendant to make payments at specified intervals to the probation department of the court or the obligee and to report personally to such probation department at such times as may be deemed necessary. Any court hearing a petition which does not have a probation department or bureau shall designate the public welfare director in the county in which said court under the provisions of this Act and it shall be the duty of the said public welfare director or his subordinates to so act. (c) To punish the defendant who shall violate any order of the court to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court. Section 22. Additional duties of the court of this State when acting as a responding State. The court of this State when acting as a responding State shall have the following duties which may be carried out through the probation department of the court: (a) Upon the receipt of a payment made by the defendant pursuant to any order of the court or otherwise, to transmit the same forthwith to the court of the initiating State, and (b) Upon request to furnish to the court of the initiating State a certified statement of all payments made by the defendant. Section 23. Additional duty of the court of this State

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when acting as an initiating State. The court of this State when acting as an initiating State shall have the duty which may be carried out through the clerk of the court to receive and disburse forthwith all payments made by the defendant or transmitted by the court of the responding State. Section 24. Evidence of husband and wife. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this Act. Husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage. Section 25. Rules of evidence. In any hearing under this law, the court shall be bound by the same rules of evidence that bind the juvenile courts of this State. Section 26. Application of payments. Any order of support issued by a court of this State when acting as a responding State shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both. Section 27. Effect of participation in proceeding. Participation in any proceedings under this Act shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding. Section 28. Severability. If any provision hereof or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Section 29. Repealer. The following Act is hereby repealed: Uniform Support of Dependents Law (Ga. L. 1951, pp. 107, et seq.).

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Provided, however, that nothing in this Act shall be construed to invalidate any judgment, decree or court order heretofore issued under the authority of the Uniform Support of Dependents Law (Ga. L. 1951, pp. 107, et seq.), and said judgments, decrees and and orders shall continue in full force and effect the same as though said Act had not been hereby repealed; and provided further that any action now pending under said Uniform Support of Dependents Act of 1951 may be prosecuted to a conclusion under said Act unless the prosecution in said action elects to proceed under the provisions of this Act, in which latter event the court shall enter the appropriate orders to effect this purpose. Section 30. Uniformity of interpretation. This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it. Section 31. Temporary order. At any time after the filing of a petition for support and before final hearing, the court may, on satisfactory affidavits or other proof, order a temporary allowance pending a hearing on the merits of the petition. Section 32. Appeal. Any respondent in an action brought under the provisions of this Act shall have the right of appeal as in civil actions. Any order for support made by the court shall not be affected by an appeal but shall continue in effect until the appeal is decided and thereafter, if the appeal is denied, until changed by further order of the court. Section 33. Short title. This Act may be cited as the Uniform Reciprocal Enforcement of Support Act. Section 34. Time of taking effect. This Act shall take effect on adoption. Approved March 9, 1956.

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DEEDS TO SECURE DEBT FORECLOSURE. No. 427 (House Bill No. 442) An Act to amend an Act of the General Assembly of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 487), and entitled: An Act to limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale shall be exercised and when suits to recover the property under such conveyance shall be brought, to provide the effective date hereof and for other purposes. as amended by an Act of the General Assembly of Georgia approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 313) by adding a new Section 11 thereto, to provide that the acceleration of the maturity of an indebtedness evidenced by a note or otherwise and secured by a deed to secure debt conveying real property and the commencement of foreclosure proceedings by advertisement of a sale under power contained in such deed or by suit shall not commence the running of the statute of limitation against the exercise of any right, power, or privilege authorized in such deed, or the evidence of the indebtedness secured thereby, or the right to bring suit to enforce any provision of said deed or to collect the indebtedness secured thereby, provided that such foreclosure proceedings are withdrawn prior to their completion by sale or otherwise; and to provide that such withdrawal shall operate to rescind the acceleration of the maturity of said indebtedness and reinstate said indebtedness upon the terms and conditions existing prior to such acceleration, without prejudice to the right of the holder of said indebtedness and deed securing same, should a subsequent default occur, to exercise any and all rights to accelerate the maturity of said indebtedness and to exercise any right or power contained in said deed or the evidence of the indebtedness secured thereby or conferred by law; and to provide that nothing herein contained shall prevent, restrict or otherwise impair

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the exercise of any other right or privilege conferred by law, but the rights herein contained shall be cumulative and in addition thereto; to provide the effective date hereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The Act of the General Assembly of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 487), as the same was amended by an Act of the General Assembly of Georgia approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 313) be and the same is hereby amended by adding a new section to be numbered Section 11, as follows: Section 11. The acceleration of the maturity of an indebtedness, evidenced by a note or otherwise, and secured by a deed to secure debt conveying real property and the commencement of foreclosure proceedings by advertisement of a sale under power contained in such deed or by suit shall not commence the running of the statute of limitation against the exercise of any right, power or privilege authorized in such deed or the evidence of the indebtedness secured thereby, or the right to bring suit to enforce any provision of said deed, or to collect the indebtedness secured thereby; provided that such foreclosure proceedings are withdrawn prior to their completion by sale or otherwise. Such withdrawal shall operate to rescind the acceleration of the maturity of said indebtedness and reinstate said indebtedness upon the terms and conditions existing prior to such acceleration, without prejudice to the right of the holder of said indebtedness and deed securing same, should a subsequent default occur, to exercise any and all rights to accelerate the maturity of said indebtedness and to exercise any right or power contained in said deed, or the evidence of the indebtedness secured thereby or conferred by law. Running of statute. Section 2. Nothing herein contained shall prevent,

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restrict or otherwise impair the exercise of any other right or privilege conferred by law; but the rights herein contained shall be cumulative and in addition thereto. Section 3. This Act shall be effective when approved by the Governor. Section 4. All laws and parts of laws in conflict with this Act, or any of the provisions thereof, are hereby repealed. Approved March 9, 1956. UNCLAIMED LAUNDRY. Code 67-1906 Repealed. No. 429 (House Bill No. 503). An Act to repeal Section 67-1906 of the Code of Georgia relating to the sale of unclaimed laundry and cleaning at public outcry; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 67-1906 of the Code of Georgia, relating to the sale of unclaimed laundry and cleaning at public outcry before the courthouse door is hereby repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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SOLICITORS-GENERAL DUTIES IN AID OF OFFICIALS. No. 430 (House Bill No. 239). An Act to authorize the Attorney General, in his discretion, to order any solicitor-general to advise, counsel or represent certain officials and employees if charged, accused or indicted relative to the alleged violation of any Federal statute or investigated or questioned in any manner relative to certain matters; 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 Attorney General of Georgia, in his discretion, is hereby authorized to order any solicitor-general of the superior courts of this State to advise, counsel or represent any law enforcement official or employee or any other public official or employee of any political subdivision of this State, if such official or employee has been charged, accused or indicted relative to the alleged violation of any Federal statute or Federal rule or regulation of any kind, if such alleged violation occurred as a result of the performance of the official duties of such official or employee. Under the same procedure, any solicitor-general may likewise be ordered to advise with any such official or employee who shall be investigated or questioned in any manner by any Federal official or employee relative to the performance of his duties, or relative to the laws, or ordinances, or rules and regulations, or judicial procedures of this State or any political subdivision thereof, or of any court within this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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INTANGIBLE PROPERTY TAX ACT AMENDED No. 431 (House Bill No. 382). An Act to amend the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 379-390), as amended, by adding to Part I thereof a new section, to be designated as Section 20 of Part I of said Act, which shall provide a procedure whereby a taxpayer who files a written protest with the tax collector or tax commissioner of a county, or his deputy, at the time of paying to him an amount claimed by such tax collector or tax commissioner or his deputy to be collectible as a tax under Section 4 of Part I of said Act, may file a claim for refund of said amount with the State Revenue Commissioner within 30 days after the date of such payment and, if his claim is denied in whole or in part, or if no decision is rendered thereon within thirty days from the filing of same, may bring suit for refund thereon in the superior court of said county within a limited period of time; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 379-390), as amended, is hereby amended by adding to Part I thereof a new section, to be designated as Section 20 of Part I of said Act, and to read as follows: Section 20. If a taxpayer from whom the tax collector or tax commissioner of a county, or his deputy, collects an amount claimed to be due under Section 4 of Part I of this Act, as an intangible tax on a long term note secured by real estate, shall file with said tax collector or tax commissioner or deputy thereof, at the time

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of payment of said amount to him, a written protest in duplicate of said collection or any part thereof as erroneous or illegal, said tax collector, tax commissioner or his deputy receiving said payment under written protest shall be deemed to have made a conditional collection of the protested amount of such payment, such collection being effective to discharge any duty of the taxpayer to pay the tax and to require said tax collector or tax commissioner to enter upon or attach to the instrument securing the obligation upon which the amount is claimed to be due as a tax a certification, in the form prescribed in Section 5, Part I of this Act, of the fact that the intangible tax as provided by Section 4, Part I of this Act has been paid, but such collection being subject to the conditions hereinafter set forth as to refund upon determination by the State Revenue Commissioner or by final judgment in a refund suit that such collection was erroneous or illegal. A county tax collector or tax commissioner or deputy thereof receiving such a payment under written protest shall deposit the protested amount of such payment in a separate account in a bank approved as a depositor for State funds, shall hold same as a special escrow fund for the purposes hereinafter provided, and except as hereinafter provided shall not make distribution of such amount under the provisions of Section 17 of Part I of this Act or retain therefrom or pay into the county treasury any amount as a commission under Section 8 of Part I of this Act. Immediately upon receiving such a payment under written protest, said county tax collector or tax commissioner or deputy thereof shall forward to the State Revenue Commissioner one execute copy of said protest. The taxpayer making such a payment under written protest may, at any time within thirty days after the date of such payment, file a claim for refund of the protested amount thereof with the State Revenue Commissioner, which claim shall be in writing and shall be in such form and contain such information as said Commissioner may require and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of said amount was erroneous or illegal, and a copy of

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which claim shall be filed by the taxpayer within said thirty-day period with the county tax collector or tax commissioner or deputy thereof who collected such amount (or his successor). The State Revenue Commissioner or his delegate shall consider said claim for refund and shall approve or deny it and notify such taxpayer and the county tax collector or tax commissioner or deputy thereof who collected the protested amount (or his successor) of such action. If the State Revenue Commissioner or his delegate approves the claim in whole or in part, said county tax collector or tax commissioner or deputy thereof (or his successor) shall forthwith pay to said taxpayer the amount so approved, without interest, from the special escrow fund held by him as hereinbefore provided, and no appropriation or further authorization shall be necessary to authorize and require such payment to the taxpayer from such special escrow fund. Any taxpayer whose claim for refund is denied entirely or in part by the State Revenue Commissioner or his delegate, or with respect to whose claim no decision is rendered by said Commission or his delegate within thirty days from the date of filing said claim, shall have the right to bring suit for refund of the amount so claimed and not approved against the county tax collector or tax commissioner or deputy thereof who collected said amount (or his successor), in his official capacity, in the superior court of the county whose official collected said amount; provided, however, that no suit for refund shall be brought hereunder after the expiration of sixty days from the date of denial by the State Revenue Commissioner of the taxpayer's claim for refund. The State Revenue Commissioner in his official capacity shall be made a party defendant to such suit in order that the interests of the State of Georgia may be represented therein, and the Attorney General shall represent the defendants in such suit. If it is determined in such suit that an amount claimed by the taxpayer therein was erroneously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against the defendant county tax official in his official capacity for such amount, without interest to the date of judgment. Court costs taxed

Page 723

against the defendant in such a suit and any interest payable on a judgment in favor of the taxpayer in such a suit for a period before the judgment becomes final shall be paid by the State Revenue Commissioner as part of the expenses of administering this Act. The principal amount of a final judgment in favor of the taxpayer in such a suit, exclusive of costs of court, shall be paid forthwith to the taxpayer by the defendant county tax official from the aforesaid special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require such payment of a judgment from such special escrow fund. Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, or upon expiration of the period for filing suit for refund of a protested payment without any suit being filed, or upon dismissal of such suit by the taxpayer, or upon final judgment therein, whichever occurs sooner, the county tax collector or tax commissioner or deputy thereof holding such protested amount in a special escrow fund shall retain from that portion of such amount which is not payable to the protesting taxpayer in accordance with the provisions of this section or pay into the county treasury, as provided in Section 8 of Part I of this Act, the percentage of such portion which is allowed by said Section 8 of Part I of this Act as compensation for his services in collecting the tax, and the balance of such portion shall be distributed as provided in Section 17 of Part I of this Act with respect to revenues derived, for the year during which amount was paid by the taxpayer, from the tax imposed by Section 3 through 16 of Part I of this Act. Action for refund. Section 2. This Act shall become effective upon its approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. 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 9, 1956.

Page 724

SALE OF DRUGS IN VENDING MACHINES. Code 84-1317 Amended. No. 432 (Senate Bill No. 47). An Act to amend Code Section 84-1317, as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1471), relating to who may sell or compound drugs, so as to provide that no drugs shall be sold or dispensed by vending machines; 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 Section 84-1317, as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1471), relating to who may sell or compound drugs, is hereby amended by adding at the end thereof the following: Provided, however, that no drugs shall be sold or dispensed by vending machines. so that Code Section 84-1317, as so amended, shall read: 84-1317. No person shall engage in the compounding or vending of medicines, drugs or poisons without full compliance with this Chapter, except it is provided that none of the provisions of this section shall apply to: (1) such druggists as are exempted from the operation of the law by the statutes of the State, and such druggists as have heretofore obtained a license and are legally authorized by existing laws to compound and vend drugs, poisons, and chemicals; (2) physicians, dentists and veterinarians prescribing or putting up their own prescriptions and dispensing medicines. This section shall be construed in the interest of the public health, and shall not be construed to prohibit the sale by merchants of home remedies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages, Paris green, arsenate of copper, arsenate of

Page 725

lead, or preparations containing any of these articles used for killing bugs, worms, and insects, provided the labels, cartons, and packages containing such preparations have the word `poison' printed across the face, and conform to the United States Pure Food and Drug Act; and general merchants other than druggists shall not be required to register under the provisions of this Chapter. Provided, however, that no drugs shall be sold or dispensed by vending machines. Vending machines. Section 2. Any person, firm or corporation, or combination thereof, who shall sell or dispense drugs by the use of vending machines shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. Violations. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. WORKMEN'S COMPENSATION HEARINGS REGARDING DISAGREEMENTS. Code 114-706 Amended. No. 434 (Senate Bill No. 88). An Act to amend Section 114-706 of the 1933 Code of Georgia, as amended, providing for hearings regarding disagreements in connection with workmen's compensation, by providing that after notice of such hearings, either party may take the deposition of any person upon oral examination or written interrogatories for the purpose of discovery, and providing the requirements therefor; to repeal all laws in conflict with such amendment; and for other purposes. Be it and it is hereby enacted as follows:

Page 726

Section 1. Section 114-706 of the 1933 Code of Georgia, as amended, is hereby amended by adding at the end thereof the words, as follows: After notice of a hearing has been given by the board, either party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, under the same requirements now provided for the taking of depositions upon oral examination or written interrogatories in civil cases in the superior court. so that said Code section, as amended, will read as follows: 114-706. Hearings regarding disagreements.If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this Title, or if they have reached such an agreement which has been signed and filed with the State Board of Workmen's Compensations, and compensation has been paid, or is due in accordance therewith, and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the board for a hearing in regard to the matters at issue, and for a ruling thereon. Immediately after such application has been received, the board shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the county where the injury occurred if the same occurred in this State, unless otherwise agreed between the parties and authorized by the board. If the injury occurred without the State and is one for which compensation is payable under this Title, then the hearing above referred to may be held in the county of the employer's residence or place of business, or in any other county of the State which will, in the discretion of the board, be the most convenient for a hearing. If either party in the matter of disagreement scheduled for a hearing desires to take evidence in any county of his State other than the county of the original accident and injury, or the county of the employee's residence, as the case may be, they may do so by making application

Page 727

either to the board or the hearing director of said issues in dispute, and if in the discretion of the board or the hearing director it is deemed that the evidence is material and necessary to a fair and just adjudication of said issue or issues. The board or hearing director shall have authority to continue said hearings for the purpose of taking said evidence in any other county of this State, and shall either schedule the hearing for the taking of said evidence in any county of the State of Georgia, or shall direct that the evidence be taken by deposition under the rules now required for taking depositions in civil cases of this State; Provided that if the board or director directs the parties to take evidence by deposition, the party or parties taking said depositions shall forward the same to the secretary and treasury of the State Board of Workmen's Compensation in the same manner as depositions are filed with the clerks of the superior courts in other cases. If either party at issue desires to take the testimony of witnesses without the State the board or the director may authorize any officer or employee of the authority charged with administering the workmen's compensation laws of the State where such testimony is to be taken to act as commissioner for the taking of the same, or it may direct the taking of such testimony under the same rules now pertaining to the taking of testimony of persons without the State in civil cases. After notice of a hearing has been given by the board, either party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, under the same requirements now provided for the taking of depositions upon oral examinations or written interrogatories in civil cases in the superior court. Hearing regarding disagreements. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956.

Page 728

LEASES OF STATE PROPERTY. No. 435 (House Bill No. 190). An Act to provide that all leases of State property, which begin more than one year after execution shall be ratified by the Senate; to provide that certain leases of State property shall be reviewed by the Attorney General, so as to ascertain whether the same may be cancelled; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georiga: Section 1. All leases of State property which begin more than one year after execution shall be ratified by a two-thirds vote of the Senate. Ratification by Senate. Section 2. All leases of State property now in existence which are for a term beginning more than one year prior to the adoption of this Act shall be reviewed by the Attorney General, who shall report his findings to the General Assembly in 1957, as to: Report of Attorney General. (a) The terms and condition of said lease. (b) His opinion as to whether said lease may be cancelled. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. MILLEDGEVILLE STATE HOSPITAL. No. 436 (Senate Bill No. 107). An Act to authorize the transfer to Milledgeville State Hospital without formal commitment of persons enrolled

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in the Georgia Training School for Mental Defectives; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Director of the State Board of Social Security may, on recommendation and approval of the Superintendent of the Georgia State Training School for mental defectives, in his discretion, order any person enrolled in the Georgia Training School for Mental Defectives at Gracewood to be transferred to the Milledgeville State Hospital. The transfer shall be made upon the order of the Director and without any formal commitment. The Director may delegate any member of the Department of Public Welfare authority to make such orders of transfer. Transfer of patients from Training School for Mental Defectives. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. LAW BOOKSDISTRIBUTION BY STATE LIBRARIAN. Code 101-205 Amended. No. 438 (House Bill No. 531). An Act to amend Code Section 101-205, relating to the distribution of laws, journals and reports to the courts, so as to provide that laws, journals and reports distributed to the counties shall remain the property of the State; to provide for the accountability of county officers; to provide a condition upon the replacement or loss of damaged volumes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 730

Section 1. Code Section 101-205, relating to the distribution of laws, journals and reports to the courts, is hereby amended by adding at the end thereof the following: Reports of the Supreme Court and the Court of Appeals decisions furnished to counties under the provisions of this section shall remain the property of the State of Georgia, and each officer to whom such reports are furnished shall account to his successor in office for those volumes missing. No volumes of such reports shall be replaced unless proof of destruction by fire, or other cause beyond the control of the county, shall be submitted with the request for replacement. so that Section 101-205, as so amended shall read: 101-205. The distribution of the laws and journals, reports of the Supreme Court and Court of Appeals decisions, and all other books required to be distributed to the several counties of the State or to be sent to other States, shall be made by the Librarian, under the direction of the Governor, in pursuance of the provisions of the law in respect thereto. He shall mail the reports of the Supreme Court and of the Court of Appeals, as follows: One copy of each to the Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts, the clerk of the Supreme Court, clerk of the Court of Appeals, the clerks of the Superior Courts, and the ordinaries. The remaining copies he shall keep in the State library for use and exchange as is required in this Code. Reports of the Supreme Court and the Court of Appeals decisions furnished to counties under the provisions of this section shall remain the property of the State of Georgia, and each officer to whom such reports are furnished shall account to his successor in office for those volumes missing. No volumes of such reports shall be replaced unless proof of destruction by fire, or other cause beyond the control of the county, shall be submitted with the request for replacement. Distribution. Books State property. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

Page 731

MILLEDGEVILLE STATE HOSPITALPRISONERS TRANSFERRED BY BOARD OF CORRECTIONS. No. 439 (Senate Bill No. 110). An Act to amend the Act of February 1, 1946, which created the State Board of Corrections, as amended, by striking from Section 9 the requirement of a formal adjudication of mental disease before a prisoner is transferred to Milledgeville State Hospital, and by changing Section 9, as amended, so that a prisoner who is in the hospital at the expiration of his sentence may be kept there until the superintendent of the hospital declares that his sanity has been restored or until the prisoner demands a trial of the question of lunacy and the jury finds him to be of sound mind; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of February 1, 1946 (Ga. L. 1946, pp. 46-56), which created the State Board of Corrections, as amended by Ga. L. 1951, p. 787, is hereby amended by striking from Section 9 (which authorizes the transfer of mentally diseased prisoners to Milledgeville) the following language: provided the inmate is adjudged to be mentally diseased to such extent that his transfer is found to be advisable by a board of examining physicians created by executive order of the Governor, and by adding at the end of Section 9 as amended by Ga. Laws 1951, p. 787 the following: At any time after completion of his sentence a prisoner detained at Milledgeville State Hospital on the ground that he is mentally diseased may petition for a trial of the question of his lunacy in accordance with the procedure provided in Sections 35-236 and 35-237 of the Code of Georgia of 1933 as amended by Ga. Laws 1955, pp. 347-350. Prior to completion of his sentence this procedure shall not be available to him. So that Section 9 of the 1946 State Board of Corrections Act when so amended shall read as follows: Sec. 9. Act of 1946, amended.

Page 732

The State Board of Corrections is authorized to transfer mentally diseased inmates from the Georgia State Prison or other institutions operating under its authority, to the criminal ward or facility of the State Hospital for Insane at Milledgeville, Georgia. Such prisoner shall remain at said hospital until the superintendent of said hospital declares that his sanity has been restored, at which time the said prisoner shall be returned to the custody of the State Board of Corrections. At any time after completion of his sentence a prisoner detained at Milledgeville State Hospital on the grounds that he is mentally diseased may petition for a trial of the question of his lunacy in accordance with the procedure provided in Sections 35-236 and 35-237 of the Code of Georgia of 1933 as amended by Ga. Laws 1955, pp. 347-350. Prior to completion of his sentence this procedure shall not be available to him. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. FIREWORKSSALES, ETC. No. 440 (House Bill No. 340). An Act to amend an Act entitled An Act to repeal an Act providing for the securing of a license from county authorities to sell fireworks, approved February 25, 1949 (Ga. L. 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, approved March 7, 1955 (Ga. L. 1955, p. 550), so as to authorize insurance in lieu of the bond provided; to repeal conflicting laws; and for other purposes.

Page 733

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to repeal an Act providing for the securing of a license from county authorities to sell fireworks, approved February 25, 1949 (Ga. L. 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, approved March 7, 1955 (Ga. L. 1955, p. 550), is hereby amended by adding at the end of Section 4 the following: Provided, however, that if the person to whom a permit is granted shall show by evidence acceptable to the State Fire Marshal that he carries public liability insurance coverage for bodily injury in an amount of not less than $25,000.00 for each person and $50,000.00 for each accident, and for property damage in an amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Insurance Commissioner of Georgia, the bond provided for herein may be waived in the discretion of the State Fire Marshal.' so that Section 4, as so amended, shall read as follows: Sec. 4, Act of 1949, amended. 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 $1,000.00, conditioned for the payment of damages which may be caused either to persons or property by reason of the display. Provided, however, that if the person to whom a permit is granted shall show by evidence acceptable to the State Fire Marshal that he carries public liability insurance coverage for bodily injury in an amount of not less than $25,000.00 for each person and $50,000.00 for each accident, and for property damage in an amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Insurance Commissioner of Georgia, the bond provided for herein may be waived in the discretion of the State Fire Marshal. Bond.

Page 734

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. TAX ON DEALERS IN PISTOLS AND CARTRIDGES. No. 443 (House Bill No. 532). An Act to amend an Act known as The General Tax Act, approved March 28, 1935 (Ga. L. 1935, p. 11), as amended particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 636), so as to remove the provisions as to the tax upon dealers in rim-fire pistol and rifle cartridges; to provide that the tax shall apply to dealers in center-fire rifle and pistol cartridges, to clarify the provisions as to the tax upon dealers in rifle cartridges; 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. L. 1935, p. 11), as amended particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 636), is hereby amended by striking Paragraph 85 of Section 2 and in lieu thereof inserting the following: Paragraph 85. Pistols. Upon each and every dealer in pistols or who deals in center-fire pistol 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 50,0000, $50.00; in or near cities of 50,000 and above, $100.00. Pistol dealers. Provided, further, that no person shall be exempt from

Page 735

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 (3) miles of the incorporated limits of said town or city referred to in this section. (a) Upon each and every dealer in rifles and center-fire rifle cartridges, for each place of business in this State in cities over 200,000 inhabitants, $20.00; in cities from 75,000 to 20,000, $15.00; in cities from 40,000 to 75,000, $10.00; in towns and cities over 40,000, $5.00. Provided that any dealer located within a radius of three (3) 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. There shall be no tax upon dealers in rim-fire cartridges only. Cartridge dealers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. ASSISTANT SOLICITOR-GENERAL IN CERTAIN CIRCUITS. No. 444 (House Bill No. 348). An Act to provide for the appointment of an assistant solicitor-general in judicial circuits having two or more judges of superior courts in such circuit. To provide for the manner of such appointment, term of office, duties, compensation, the manner and method of payment of such compensation, expense allowance 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, except where otherwise by law provided

Page 736

the judges of superior courts, of any judicial circuit of the State of Georgia, having two or more judges, may, where necessary, for the proper functioning of such courts, and upon recommendation of the solicitor-general of the circuit appoint an attorney-at-law of such circuit, who shall possess the qualifications required by law of a solicitor-general as an assistant solicitor-general of such circuit. Appointment. Section 2. The term of such assistant solicitor-general appointed under the provisions of this Act shall be concurrent with the term of the solicitor-general of such circuit. Term Section 3. The salary of such assistant solicitor-general shall be fixed by the judges of the circuit, and they shall, by proper order, prescribe the manner and method of the payment of the same by the counties of such judicial circuit. Salary. Section 4. Nothing in this Act shall apply to the Atlanta Judicial Circuit, the Augusta Judicial Circuit, the Eastern Judicial Circuit, and the Macon Judicial Circuit, nor to any circuit which, during the calendar year 1955 had only one judge but which may have received an additional judge at the 1956 session or any subsequent session of the General Assembly. Circuits in which not applicable Section 5. Any such assistant solicitor-general appointed under the authority of this Act shall perform and discharge all the acts and duties required by law of the office of solicitor-general, as may be assigned to him by the solicitor-general of the circuit under whom he serves. Duties. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956.

Page 737

SENTENCES ON PLEA OF GUILTY OF CAPITAL FELONY. No. 445 (House Bill No. 54). An Act to provide that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may, in his discretion, during term time or vacation, and without the necessity of a recommendation of mercy by a jury, sentence such person to life imprisonment or any lesser punishment authorized by law for the offense named in the indictment; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may, in his discretion, during term time or vacation, and without the necessity of a recommendation of mercy by a jury, sentence such person to life imprisonment, or to any lesser punishment authorized by law for the offense named in the indictment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. FIRING OF WOODS, LANDS, ETC. No. 446 (House Bill No. 148). An Act to define the various penal offenses relating to the firing of woods, lands, marshes, grass, timber and other lands in this State; to prohibit the setting of fires on lands of others; to prohibit the allowing of fires to

Page 738

escape to lands of others; to prohibit setting of fires in certain instances without taking necessary precautions, both at the time of making and thereafter, and to define what constitutes prima facie proof of lack of such precautions; to prohibit the building of campfires in certain instances and in certain manners; to prohibit the starting of fires by discarded cigars, cigarettes, matches, or the use of firearms; to prohibit the defacing or destroying of fire warning notices; to prohibit the wilful, malicious, or without cause setting of fires on another's land; to prohibit the setting of fires on one's own lands with the intent of letting it spread to the lands of another or others; to prohibit the destruction or injuring of or theft of any telephone lines, towers, buildings, tools or equipment used in forestry work; to provide misdemeanor punishment for violation of some of the foregoing in certain instances, and felony punishment in others; to repeal all previous laws relating to forestry fire offenses and all other conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 8 of an Act approved February 25, 1949 (Ga. L. 1949, p. 1118, Code Ann., Section 26-2214) which section relates to the offense of kindling fire on the land of another without consent of the owner, is hereby repealed. Code sections repealed. Section 2. Section 9 of an Act approved February 25, 1949 (Ga. L. 1949, p. 1118, 1122; Code Ann., Sec. 26-2215) which section relates to the offense of kindling fire with the intent to injure another, is hereby repealed. Section 3. Section 26-3601 of the Code, as amended by Section 2 of an Act approved February 21, 1951 (Ga. L. 1951, pp. 697, 698), which section relates to the offense of firing the woods without giving notice to adjoining landowners, is hereby repealed. Section 4. Section 26-3602 of the Code, relating to

Page 739

persons who let fire get into woods by neglect, is hereby repealed. Section 5. Section 59-601 of the Code, relating to the subjects upon which the judge of the superior court shall charge the grand jury, is hereby amended by striking therefrom the words and figures, Forest fires, sections 26-3601, 26-3602, and by substituting in lieu thereof the words and figures, The Forest Fire Protection laws, Chap. 26-36. Code 59-601 amended. Section 6. An Act approved March 20, 1943, (Ga. L. 1943, p. 302; Code Ann., Sec. 26-3603) which section relates to the offense of wilfully and maliciously firing the woods, lands or marshes, is hereby repealed. Section 7. Section 26-7704 of the Code, relating to the offense of wilfully, carelessly or negligently setting fire to any woods, lands or marshes, is hereby repealed. Code 26-7704 repealed. Section 8. There is hereby enacted a new chapter to the Code, to be known as Chapter 26-36, and to read as follows: Section 26-3601. The following acts shall be misdemeanors and punished as provided by law. 1. Setting on fire or causing or procuring to be set on fire by any person of any forest, brush, woods, marsh or other land, or other inflammable vegetation not covered by Chapter 26-77, as amended, on lands not his own. 2. Allowing fire to escape from the control of the person building or having charge of the fire, or allowing such fire to spread to the lands of any person other than the builder of the fire. 3. Burning any brush, stumps, logs, rubbish, fallen timber, grass, stubble or debris of any sort, whether on his own land or that of another without taking necessary precaution both before lighting the fire and at all times

Page 740

thereafter to prevent the escape thereof. The escape of such fire to adjoining timber, brush, or grass lands shall be prima facie evidence that necessary precautions were not taken. Misdemeanors. 4. Building a camp fire upon lands, not one's own, without clearing the ground immediately around it free from material which will carry fire, or leaving thereon a camp fire to spread thereon or by throwing away a lighted cigar, matches, cigarette, or by the use of firearms or in any other manner starting a fire in forest material not his own and leaving the same unextinguished. 5. Defacing or destroying fire warning notices. Section 26-3602. The following Acts shall be felonies, and shall be punished by imprisonment in the penitentiary for not less than one and not more than two years. Felonies 1. Wilfully, maliciously or without cause, setting on fire the lands of another. 2. Starting a fire on one's own land or lands which he has leased or under his control with the intent of letting it escape to the lands of another. 3. The destruction or injuring of, or theft of any telephone lines, towers, buildings, tools or equipment used in the detection, reporting, or suppression of fires. Section 9. Nothing herein shall be construed as repealing or otherwise modifying the laws of this State authorizing the Director of the Forestry Commission to by rule or regulation prohibit the firing of woods and other lands during designated periods of the year, and prescribing punishment for violation thereof. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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OBSCENE MATTER. Code 26-6304 Repealed. No. 447 (House Bill No. 234). An Act to repeal Section 26-6304 of the Code, relating to the inquiry into offenses relating to obscene matter by indictment or presentment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 26-6304 of the Code, which reads as follows: Section 26-6304. Offenses mentioned in the preceding section, which are not committed on passenger cars, street cars, or other places of like character, shall be inquired into only upon presentments made, or indictment found, by the grand jury., is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. SUBSISTENCE ALLOWANCE FOR LAW ENFORCEMENT OFFICERS. No. 450 (House Bill No. 336). An Act to provide for subsistence allowances not to exceed five dollars ($5.00) per day in behalf of sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, for the purposes of Federal income taxation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The governing authorities of the several counties, municipal corporations, and other political subdivisions of this State are hereby authorized to designate and set apart a portion of the compensation, whether payable on a salary or fee basis, to sheriffs, deputy sheriffs, patrolmen, policemen and other law enforcement officers, as a subsistence allowance, which shall not exceed five dollars ($5.00) for each day actually spent by such sheriff or other law enforcement officer in the performance of his duties. Subsistnce allowance. Section 2. It is the purpose of this Act to enable such sheriffs and other law enforcement officers to receive for income tax purposes, the benefits of the non-inclusion in gross income of subsistence allowances, as authorized in the Internal Revenue Code of 1954, Title 26, Section 120, and to this end, the General Assembly recognizes that such sheriffs and police officers are required by virtue of their duties to incur expenses not generally incurred by other officials and professions. Income tax. Section 3. Nothing in this Act shall affect any present pension system of any county, municipal corporation or political subdivision of the State of Georgia or any rights of any person under any present pension system of any county, municipal corporation or political subdivision. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. CREDIT UNIONS. Code Ch. 25-1 Amended. No. 451 (House Bill No. 131). An Act to amend Code Chapter 25-1 relating to credit unions, as amended, particularly by an Act approved

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March 20, 1943 (Ga. L. 1943, p. 279) so as to provide for increasing the borrowing power of credit unions; to provide for increasing the amount of surety bonds carried on officials of credit unions; to provide for increasing the proportion of annual earnings each credit union shall set apart to their reserve fund; to provide for increasing the cost of annual State Banking Department examinations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 25-1 relating to credit unions, as amended, particularly by an Act approved March 20, 1943 (Ga. L. 1943, p. 279) is hereby amended by striking from Subsection 5 of Section 25-105 the words Capital surplus and reserve fund and inserting in lieu thereof the words Unimpaired assets which shall mean those assets not specifically pledged as security for any obligation so that the new Subsection 5 of said section shall read as follows: Code 25-105 amended. It may borrow from any source, but the total of such borrowing shall at no time exceed 50 percent of the unimpaired assets which shall mean those assets not specifically pledged as security for any obligation of the borrowing credit union. Section 2. Said Chapter is further amended by striking in its entirety Subsection 3 of Section 25-113 and inserting in lieu thereof a new Subsection 3 of said section to read as follows: Code 25-113 amended. (3) To fix the amount of the fidelity bond which shall be required of all officers, employees, agents or members having custody of funds, properties or records provided, however, that the amount of such fidelity bond shall not be less than the following schedule which is based on total assets.

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Assets Minimum Coverage 0- 5,000.00 $ 1,000.00 5,001.00- 10,000.00 2,000.00 10,001.00- 20,000.00 4,000.00 20,001.00- 30,000.00 6,000.00 30,001.00- 40,000.00 8,000.00 40,001.00- 50,000.00 10,000.00 50,001.00- 75,000.00 15,000.00 75,001.00- 100,000.00 20,000.00 Fidelity bonds 100,001.00- 150,000.00 30,000.00 150,001.00- 200,000.00 40,000.00 200,001.00- 300,000.00 50,000.00 300,001.00- 400,000.00 60,000.00 400,001.00- 500,000.00 70,000.00 500,001.00- 750,000.00 85,000.00 750,001.00- 1,000,000.00 100,000.00 $250,000.00 coverage for each additional $1,000,000.00 or fraction thereof not to exceed $250,000.00 minimum coverage. Section 3. Said Chapter is further amended by striking from the second sentence of Section 25-117 the words 20 percent of the net income and inserting in lieu thereof the words 5 percent of the gross income and by striking from the third sentence of said section the words paid in capital and inserting in lieu thereof the words 10 percent of the assets so that the new Section 25-117 shall read as follows: Code 25-117 amended. Section 25-117All entrance fees, transfer fees and charges shall, after the payment of the organization expenses, be known as reserve income and shall be added to the reserve fund of the credit union. At the close of each fiscal year there shall be set apart to the reserve fund 5 percent of the gross income of the corporation which has accumulated during the year. The members, at an annual meeting, may increase the proportion of the profits which is required by this section to be set apart to the reserve funds or to decrease it when the reserve fund equals 10 percent of the assets of the credit

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union. The reserve fund shall belong to the corporation and shall be held to meet contingencies and shall not be distributed to the members except upon dissolution of the corporation. Section 4. Said Chapter is further amended by striking Section 25-122 as amended, in its entirety and inserting in lieu thereof a new Section 25-122 to read as follows: 25-122. Reports to Superintendent of Banks; examinations; revocation of certificate; illegal practices; insolvency.Credit unions shall be subject to the supervision of the Superintendent of Banks and shall make a report of conditions to him at lease semiannually, upon call and on blank forms to be supplied by him. Returns shall be verified under oath of the president and treasurer and additional reports may be required by the said superintendent. Any credit union which neglects to make the above reports shall forfeit to the Treasurer of the State $10. for each day of such neglect, unless excused by the Superintendent of Banks. Code 25-122 amended. Each credit union shall be examined at least annually by the said Superintendent, or his duly authorized deputy. Said Superintendent may order other examinations and shall at all times be given free access to all of the books, papers, securities and other sources of information in respect to said credit union. For this purpose he shall have the power to subpoena and examine personally, or through one of his deputies, witnesses on oath and documents pertaining to the business of the credit union. Subject to the minimum fee of twenty dollars ($20.00) each credit union shall pay for each annual examination and for any other examination ordered by the Superintendent at the rate of thirty-eight dollars ($38.00) per examiner day or fifty cents (50) per one hundred dollars ($100.00) of assets whichever is the lesser, provided that no fee will be charged a newly organized credit union for the first examination made within a year of the date its charter is approved.

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If a credit union neglects to make the required reports or to pay the charges herein required for 15 days, the Superintendent of Banks shall notify the credit union of his intention to revoke the certificate of approval. If said neglect or failure continue for another 15 days the Superintendent may revoke said certificate of approval and he, or one of his deputies, shall take possession of the business of such credit union and retain possession until such time as he may permit it to resume business or liquidate its affairs, pursuant to the banking laws of the State. If it appears to the Superintendent of Banks that a credit union has violated any of the provisions of this Chapter, he may, by an order made over his hand and official seal, after hearing or an opportunity for a hearing has been given said credit union, direct it to discontinue the illegal methods and practices. If a credit union is insolvent or has, within a reasonable time, failed to comply with any order mailed to the last address filed by said credit union with said Superintendent, he shall immediately, or within a reasonable time thereafter, take possession of the business and property of the credit union and retain possession until such time as he may permit it to resume business or its affairs are finally liquidated. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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COUNTY SUPERINTENDENTS OF SCHOOLSSUSPENSION. Code 32-912 Amended. No. 452 (House Bill No. 433). An Act to amend Section 32-912 of the Code of Georgia, relating to the powers, duties and suspension of the county superintendent of schools, so as to provide for notice and a hearing in cases of suspension; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 32-912 of the Code of Georgia, relating to the powers, duties and suspension of the county superintendent of schools, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to be known as Section 32-912, so that the new section when so amended shall read as follows: 32-912. Organization; powers and duties.The county superintendent of schools and county board of education shall make rules to govern the county schools of their respective counties. Upon being called together by some one of their number, after their election, they shall organize by selecting a chairman. The county superintendent of schools shall act as secretary of the board, and keep the minutes of their meetings and make a permanent record of the same, and do any other clerical work that they may direct him to do. Said board may suspend the county superintendent of schools for incompetency, wilful neglect of duty, misconduct, immorality or the commission of crime involving moral turpitude, and may suspend teachers for non-performance of duty, incompetency, immorality or inefficiency, and for other good and sufficient cause. Provided however, the county superintendent or teacher shall be given (1) a hearing on the charge or charges preferred against him, (2) ten days' written notice of the time and place of said hearing

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such notice will contain a brief general statement and enumeration of the charge or charges, (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within thirty days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board. The provisions of this Act shall not apply to school systems created prior to the adoption of the Constitution of 1877. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. MEAT, POULTRY AND DAIRY PROCESSING PLANTS. No. 453 (Senate Bill No. 32). An Act to regulate the sanitary conditions of meat, poultry and dairy processing plants; to provide that no dairy shall be operated in this State unless the equipment and premises shall be maintained in a clean and sanitary condition; to provide for the licensing of meat, poultry or dairy processing plants; to provide a license and renewal fee; to provide for the suspension or revocation of such licenses; to provide that no person, firm or corporation shall sell or offer for sale or have in his possession for sale any meat, poultry or dairy

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product that has been produced, manufactured, transported, handled, stored or processed under other than sanitary conditions; to provide for inspections; to provide for analysis; to provide for records and statistics; to provide for inspection by municipal corporations and counties; to provide for sanitary standards and specifications; to provide for rules and regulations; to provide for enforcement and administration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. 1. Commissioner shall mean the Commissioner of Agriculture. 2. Meat, poultry or dairy processing plant shall mean: Any abattoir, slaughter house, poultry killing or processing plant, milk depot, milk processing plant or any other establishment for the killing, storage, dressing, manufacture, preparation or processing of any animal, fowl or dairy product or any by-product thereof, for human consumption. Definitions. 3. Person shall mean any person, firm, corporation or association of persons, or combination thereof. 4. Meat or meat products shall mean the carcass or part of any carcass of any animal, fowl, or any by-product thereof in any form. Section 2. The Commissioner shall have supervision and control over the sanitary conditions of all dairies and meat, poultry or dairy processing plants in this State. He shall maintain an adequate system of inspection and shall employ or designate qualified personnel to assist in the administration of the provisions of this Act. He shall fix the compensation of all personnel employed by him. Administration of Act. Section 3. The Commissioner is hereby authorized to

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adopt rules and regulations to carry out the provisions of this Act. The Commissioner shall adopt sanitary standards and specifications that are not less than those recognized and approved by the United States Department of Agriculture or the United States Department of Health, Education and Welfare for like products and premises. Rules and regulations Section 4. No person shall operate a dairy within this State unless the equipment and premises shall be maintained in a clean and sanitary condition. Each dairy shall have an adequate supply of clean pure water and an adequate supply of clean hot water and adequate drainage of the premises. Dairies Section 5. To assure the protection of the consuming public, no person shall operate a meat, poultry or dairy processing plant in this State without having first obtained a license from the Commissioner. The original license fee shall be $10.00 and the renewal fee shall be $10.00 per annum. The license shall be valid from January 1st to December 31st of the year in which it was issued or until revoked as provided herein. Any such license may be revoked or suspended by the Commissioner for the violation of the provisions of this Act or rules and regulations or sanitary standards and specifications adopted pursuant hereto. The Commissioner shall notify the licensee the reasons why he intends to revoke or suspend the license and the licensee shall be entitled to a hearing before the Commissioner within ten days after receipt of such notice of intention to revoke or suspend. At such hearing the Commissioner shall consider the circumstances and shall give the licensee reasonable time to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given. Licenses Section 6. No person, firm or corporation shall sell or offer for sale or have in his possession for sale any dairy product, animal or poultry product, or any by-product thereof that has been produced, manufactured, transported, handled, stored or processed under other than

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sanitary conditions. Conditions other than sanitary shall be deemed to exist where any or all of the following conditions exist: 1. Premises, buildings handling or storage space, or equipment, in a state of decay; 2. Floors, sidewalls of other parts of any space of building covered or coated with decaying matter; Unsanitary conditions 3. Insufficient insect screens not provided or maintained; 4. Insufficient drainage; 5. Inadequate supply of pure water; 6. Inadequate supply of hot water; 7. Any animal or fowl held on the premises in unsanitary lots, pens or cages or fed uncooked animal offal; 8. Where putrid odors exist. The numeration of these conditions shall not be exclusive and the Commissioner shall determine whether unsanitary conditions exist. Section 7. The Commissioner shall cause to be inspected at such times as he may deem proper each meat, poultry or dairy, or dairy processing plant within this State. He shall require the correction of all unsanitary conditions found therein. He may take samples of dairy, poultry or meat products or parts or portions thereof and cause them to be analyzed or tested by the State Chemist. Such analysis or test records shall be preserved by the Commissioner and when sworn to by the State Chemist shall be prima facie evidence of violations of this Act or rules and regulations or standards or specifications adopted pursuant to this Act. Inspections Section 8. In the performance of his duties, the Commissioner,

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or any of his duly authorized representatives, is hereby authorized to enter and inspect, at any reasonable time, any dairy or meat, poultry or dairy processing plant, or any vehicle where any dairy, animal or poultry product, any by-product thereof, or any part thereof is held, stored, transported or offered for sale. Same. Section 9. The Commissioner shall maintain a system by which accurate statistics regarding the disposition of all animals or poultry slaughtered for human consumption in this State by licensees may be obtained. He shall require that each licensee maintain adequate records so as to ascertain the total number of animals or poultry slaughtered, processed or disposed of, and the amount of meat, poultry or dairy products received or processed by him. Records Section 10. Nothing in this Act shall prevent the governing authority of any county or municipal corporation from adopting ordinances or resolutions providing for the inspection of meats, poultry, meat or poultry food products, and dairy products sold within its limits and to provide penalties for violation thereof, but no such ordinance or resolution shall conflict with any power or authority of the Commissioner or his representatives. The Commissioner is hereby vested with the authority to designate licensed veterinarians, city or county health authorities, as inspectors as he deems advisable: Provided, however, that no county or municipal corporation shall adopt sanitary standards or specifications that are less than those adopted by the Commissioner. County and municipal regulations. Section 11. Any person violating the provisions of this Act or rules and regulations adopted hereunder or any sanitary standards or specifications adopted hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violations Section 12. Code Chapter 42-4, as amended, relating to the inspection of slaughter houses, dairies, etc., is hereby repealed in its entirety. Code 42-4 repealed.

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Section 13. Nothing contained herein shall be construed to repeal or amend Code Chapter 42-6, relating to milk powder or to amend or repeal any provisions of an Act approved February 15, 1950 (Ga. L. 1950, p. 167). Milk powder. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. GENERAL APPROPRIATIONS ACT. No. 454 (House Bill No. 243). An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for roads and for all other governmental activities authorized by law for the fiscal year beginning July 1, 1956 and ending June 30, 1957, except as otherwise provided and for each and every fiscal year thereafter until repealed by law; to provide for the control and administration of the funds; and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the fiscal year beginning July 1, 1956 and ending June 30, 1957, except as otherwise provided and for each and every fiscal year thereafter until repealed or modified by law. LEGISLATIVE DEPARTMENT .....$ 850,000.00 Section 1. For compensation as fixed by previous laws and for mileage at the rate of 10 per mile for round trip for each regular session and any and all extraordinary

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sessions of the General Assembly, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel expense of members of legislative committees; for cost of operating the office of Lieutenant Governor authorized by law; for membership in council of State governments and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, including rental or purchase of voting machine for House of Representatives and the necessary cost of renovating and repairing the housing facilities for the Senate and House of Representatives; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the Codes of Georgia and the annual report of State Auditor to General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; and for cost of Bill Drafting Unit as authorized by law. Provided, further, that the Members of the General Assembly shall be paid the per diem and allowance heretofore authorized by law and shall be paid an additional maintenance expense allowance of fifteen dollars for each day in attendance at a session of the General Assembly and said maintenance expense allowance, which is authorized by general

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provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State government as provided for by Art. III, Sec. VII, Par. IX of the Constitution of Georgia. Provided, further, the per diem allowance provided for in the foregoing shall also be payable to any official or attache for each day during his term of service who is authorized by action of one or both branches of the General Assembly to receive an allowance, based on the per diem maintenance allowance provided for Members of the General Assembly. Provided, however, that a Member of the General Assembly serving as a member of a regular or special committee shall be paid a per diem allowance for the foregoing stipulated purposes, of only five dollars for each day of service on said committee, when the General Assembly is not in session and said five dollars per diem shall be in addition to the regular per diem and allowance heretofore authorized by law. (A) For exclusive use for repairs, refurbishing, painting and equipping committee rooms and offices on the third floor of the State Capitol Building, including House and Senate Chambers.....$ 150,000.00

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JUDICIARY. Section 2. For the cost of operating the Supreme Court including such part of a $3,600.00 annual contingent expense allowance, payable monthly to each Justice of the court as is required to comply with the terms and conditions of an Act approved March 12, 1953, Acts 1953, pages 613-616.....$ 261,000.00 Section 3. For the cost of operating the Court of Appeals including such part of a $3,600.00 annual contingent expense allowance, payable monthly to each Judge of the court as is required to comply with the terms and conditions of an Act approved March 12, 1953, Acts 1953, pages 613-616.....$ 240,000.00 Section 4. For the cost of operating the superior courts including such contingent expense allowances authorized by law, the payment of six cents per mile for transportation authorized by law and such other expense items chargeable to this appropriation as may be authorized by law.....$ 712,000.00 Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.....$ 25,000.00 Section 6. For the cost of operating the Judicial Council.....$ 5,000.00 EDUCATION. Section 7. For matching vocational rehabilitation funds in cooperation with the Federal Government; for operations of vocational trade schools; for operations

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of public and rural library programs; for operations of School for Deaf and Academy for the Blind; for grants for aid to the public common schools under provisions of law; for free textbooks for the children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants as provided by law; and for any and other expenses authorized by law payable from the common school fund.....$ 122,100,000.00 Provided, that the State Board of Education shall within the first thirty days of each fiscal period make an apportionment of this appropriation, together with other funds available to the various activities of the Department of Education and immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. Provided, however, that the State Board of Education shall in each fiscal period make an allotment of not less than fourteen and one-half million dollars to pay the annual capital outlay commitments required under the lease contracts with the State School Building Authority, this amount of appropriation for capital outlay purposes shall not be subject to reduction under Section 47 of this Act. Provided, further, that the expenditure of the appropriation made in this section shall be subject to all provisions of the Constitution of Georgia and all budget regulations of general application which are or may be in force and effect.

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Provided, further, that (a) the appropriations made in this section for the benefit of public schools are limited to the public schools within such school districts as shall provide separate schools for white and colored children throughout the entire district, and as is provided by Article VIII, Section I, Paragraph I of the Constitution of this State, and in which all the white and colored children attending public schools shall attend separate schools, the General Assembly declining to make any appropriation for the benefit of any other public schools. Funds apportioned or made available under this Section 7 for the benefit of the public schools within any school district shall be deemed to be separately appropriated to the public schools within such school district, and shall be separately subject to the limitation imposed by this subsection upon their use, which limitation shall be deemed to be a condition precedent to such appropriation. In any of the events provided by Subsection (d) hereof said appropriation shall be null and void. (b) No part of this appropriation shall be available until made available from time to time by written order of the State Budget Authorities. (c) The State Board of Education within the first thirty days of each fiscal period, shall make an apportionment of the funds available to the Department of Education from this appropriation and all other sources, and upon written approval of said apportionment or any item thereof by the State Budget Authorities,

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the funds covered by the apportionment or item approved shall become available. Said board shall have no power to include within such apportionment any funds for the benefit of public schools within any school district in which the public schools are operated in any manner other than that provided in Subsection (a) above; nor shall the State Budget Authorities have any power to approve or make available any funds for such schools. If after the making and approval of any apportionment for the benefit of public schools within any school district such public schools shall thereafter be operated in any manner other than that provided in Subsection (a) above, no further funds shall be paid from such apportionment. (d) In the event of the prosecution to effective judgment of a suit in respect of any public school district resulting in determination by a court of competent jurisdiction that any portion of this Section 7 is unconstitutional, or that the public authorities in charge of the public schools within such district may not provide separate schools for the white and colored races within such school district as is required by Article VIII, Section I, Paragraph I of the Constitution of this State, and in the manner provided by Subsection (a) hereof, the State Board of Education shall have no power to make any apportionment for the benefit of any of the public schools within such school district, and the State Budget Authorities shall have no power to make any part of the appropriation provided in this Section 7 or any other funds available to or for the benefit of such public schools;

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and if such effective judgement shall occur after apportionment made to such public schools by the State Board of Education and order of the State Budget Authorities approving the same, no further funds from such apportionment to such public schools shall be paid by any officer of this State. The Governor shall be written order determine when any such judgment has become effective. (e) After approval by the State Budget Authorities of an apportionment of the State Board of Education or any item thereof, any and all obligations and commitments in excess of the funds approved or violative of any of the provisions of this Section 7 shall be null and void, and the appropriations made in this Section 7 are subject to all provisions of the Constitution of this State and all budget requirements not inconsistent herewith now or hereafter of general application. Section 8. (a) For the cost of operating the State Board of Regents; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for experimental purposes; for the cost of use and/or acquiring additions to plant and equipment for the University System; and for cost of operating the State Soil Conservation Committee an amount of not less than $40,000.00.....$ 17,100,000.00 Provided, however, that the Board of Regents shall allocate $100,000.00 out of the aforesaid sum to the Director of the College of Agriculture Experiment Stations for the express purpose of conducting research on poultry diseases.

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Provided, that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from Federal Government, donations, gifts, earning from fees, rents, sales and any and all other sources of income. Provided, that the State Board of Regents shall within the first thirty days of each fiscal period first make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property and shall second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. Provided, further, that no provision in this Act or other laws shall be construed as authorizing the reduction of or the voiding of any part of the appropriations made in this section which is required to be allotted each fiscal year to meet the annual payments required under the fixed lease contracts with the University System Building Authority for the acquisition of property. Provided, further, that all expenditures or obligations authorized by the State Board of Regents or any agency thereof, regardless of the source of funds therefor,

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shall be governed by the Constitution of the State of Georgia and the laws and budget regulations of general application which are authorized by the General Assembly. Provided, further, that (a) the appropriations made in this Section 8 for the benefit of the State Board of Regents and the University System or otherwise, so far as the same relate to schools and colleges, are limited to schools and colleges providing separate education for the white and colored races, and operating in conformity to Article VIII, Section I, Paragraph I of the Constitution of this State, the General Assembly declining to appropriate funds for any school or college operating otherwise. Funds apportioned or made available under this Section 8 for the benefit of any school or college shall be deemed to be separately appropriated for the benefit of such school or college, and shall be separately subject to the limitation imposed by this subsection upon their use, which limitation shall be deemed to be a condition precedent to such appropriation. In any of the events provided by Subsection (d) said appropriation shall be null and void. Schools and colleges as used in this Section 8 shall include branches, departments and institutions of the University System, whether located at the State University at Athens or elsewhere, such as the School of Law, the School of Education, the School of Dentistry, the School of Medicine, each of of which shall be deemed to be a separate school or college. (b) No part of this appropriation nor

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any funds realized by the State Board of Regents or the University System or any school or college from the Federal Government or from donations, gifts, earnings, fees, rents, sales or from any other source of income, shall be available for use or expenditure until made available from time to time by written order of the State Budget Authorities. (c) No funds appropriated by this Section 8 or derived from the sources of revenue referred to in Subsection (b) hereof, shall be used or expended for any school or college except as herein otherwise provided and in conformity to the following: The State Board of Regents, within the first thirty days of each fiscal period, shall make an apportionment of funds to the various schools and colleges in the University System or operated by the State Board of Regents or otherwise within the provisions of this Section 8, first including in such apportionment the amounts necessary in each fiscal year to pay the lease contract commitments for the acquisition of property, and upon written approval of such apportionment or any item thereof by the State Budget Authorities, the apportionment or item so approved by the State Budget Authorities shall be available for use and expenditure. The State Board of Regents shall include in such apportionment only schools and colleges available for appropriations under the provisions of Sub-section (a) hereof; and the State Budget Authorities shall have power to approve only apportionments which are so limited. If after an apportionment is made to any school or college and approved by the

Page 764

Budget Authorities, such school or college shall cease to be operated in conformity with Subsection (a) hereof, no further funds shall be used or expended from such apportionment and the unexpended portion thereof shall be retained in the treasury. (d) In the event any suit is prosecuted to effective judgement of a court of competent jurisdiction against the State Board of Regents or other authorities in charge of any school or college to which this Section 8 relates or in relation to any such school or college, resulting in determination by such court that any provision of said Section 8 is unconstitutional, or that any such school or college may not be operated in conformity to Article VIII, Section I, Paragraph I of the Constitution of this State, and as provided in Subsection (a) hereof, or requiring the admission to such school or college of any person denied admission by the authorities in charge thereof, the school or college affected by such judgment shall not thereafter be included in any apportionment of the State Board of Regents nor in any order of the State Budget Authorities making funds available. If such effective judgment shall be rendered in respect of any school or college to which this Section 8 relates after an apportionment shall have been made thereto and funds made available to such school or college by the Budget Authorities, then and in such event no further funds shall be used or expended from such apportionment and the unexpended portion thereof shall be retained in the treasury. The Bureau of the Budget shall

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by written order determine when any such judgment has become effective. (e) After approval by the State Budget Authorities of any apportionment or item of apportionment made by the State Board of Regents, any and all other obligations in excess of the funds apportioned or contrary to the item or apportionment as approved or the provisions of this Section 8 shall be null and void; and the appropriations made in this Section 8 are subject to all provisions of the Constitution of this State and all budget requirements not inconsistent herewith now or hereafter of general application. (b) For cost of operating the Eugene Talmadge Memorial Hospital under control of the Board of Regents.....$ 3,000,000.00 (c) For cost of operating the State Medical Education Board including the payment of medical scholarships as authorized by provisions of the Georgia State Constitution.....$ 150,000.00 Section 9. For the State's contribution to the teacher retirement fund, including cost of administration.....$ 6,750,000.00 HIGHWAYS. (Mandatory appropriation for all highway purposes under provisions of State Constitution.....$ 67,112,014.10) Section 10. (a) For the cost of maintenance, improving and reconstructing roads and bridges on the State highway

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system and the cost incident thereto including equipment and for no other purpose.....$ 11,000,000.00 (b) For State-matching participation in cost of construction, re-construction, improvement in highways and highway planning in cooperation with Federal Government, including all cost items incident thereto and for no other purpose, provided, that not less than 50% of the total State and Federal funds available in each fiscal year for work on the primary and secondary system of roads in Georgia shall be expended for widening and re-surfacing, re-constructing, and relocating existing bridges and paved roads on the Federal-State primary and secondary highway system.....$ 19,100,000.00 (c) For cost of operating the Highway Department, for road and bridge construction, (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law), the cost of additional maintenance; for convict camp contract operations; compensation claims, surveys and for payment of annual amounts required under lease contracts executed with the Authorities authorized by law.....$ 27,695,001.07 Provided, that no provision of this Act or other laws shall be construed as authorizing the reduction of or the voiding of any part of the appropriation made in this section which is required to be allotted to meet the annual payments required under the fixed lease contracts with the State Bridge Building Authority, the State Office Building Authority and the Georgia Rural Roads Authority.

Page 767

Provided, further, that any and all obligations and commitments made by the officials of the State Highway Department, after the enactment of this law, which have not been authorized by the provisions of this Act and a specific budget allotment for which funds are available shall be null and void, and all expenditures shall be governed by law and budget regulations of general application which are or may be in force and effect. (d) For grants to counties for aid in county road construction and maintenance as provided by law authorizing the State treasury to make such grants for highway purposes....$ 4,817,013.03 (e) For grants to counties for aid in county road construction.....$ 4,500,000.00 Provided that this sum shall be distributed and disbursed by the State Treasurer for highway purposes based on information as to the total public road mileage furnished by State Highway Department; provided, however, that the sum appropriated in Subsection (e) shall be distributed and disbursed to the various counties of the State in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State. (f) Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this section, or other provision of this Act, the sums necessary to pay rentals accruing under lease contracts heretofore

Page 768

or hereafter executed between the State Bridge Building Authority as lessor and the State Highway Department as lessee, pursuant to the Act of 1953 known as the State Bridge Building Authority Act (Ga. L. 1953, p. 626), and the sums necessary to pay the rentals accruing under the existing lease contract between the State Office Building Authority as lessor and the State Highway Department as lessee, executed pursuant to the Act known as the State Office Building Authority Act (Ga. L. 1951, p. 699), and the sums necessary to pay rentals accruing under lease contracts heretofore or hereafter executed between the Georgia Rural Roads Authority as lessor and the State of Georgia and the State Highway Department as lessee, executed pursuant to the Act known as the Georgia Rural Roads Authority Act (Ga. L. 1955, p. 124) are appropriated for the fiscal year beginning July 1, 1956, and for each and every fiscal year thereafter until all rentals due under all lease contracts heretofore or hereafter executed pursuant to said State Bridge Authority Act, and all rentals accruing under said existing lease contract executed pursuant to the State Office Building Authority Act, and all rentals accruing under lease contracts heretofore and hereafter executed pursuant to said Georgia Rural Roads Authority Act, have been paid in full. The appropriations for the payment of said rentals shall constitute a first charge on all funds appropriated to the State Highway Department by this section and upon all funds hereafter appropriated to the State Highway Department pursuant to Article VII, Section IX,

Page 769

Paragraph IV of the Constitution of Georgia, or otherwise. HEALTH, PUBLIC WELFARE AND PENSIONS. Section 11. For the cost of operating the State prison institution system.....$ 1,750,000.00 Section 12. (a) For the cost of operating the Department of Public Health and grants to counties for public health programs.....$ 4,750,000.00 (b) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facilities to be administered and expended in the same manner as other public health funds and in accordance with the provisions of the Hill-Burton Act of the United States Congress and rules and regulations of the State Board of Public Health.....$ 1,000,000.00 (c) For annual cost of acquiring the Eugene Talmadge Memorial Hospital.....$ 840,000.00 Provided, that no provision in this Act shall be construed as authorizing the reduction of or the voiding of any part of this appropriation which is the fixed annual payment required under the lease contract with the State Hospital Authority. (d) For cost of operating the Department of Public Health-Tuberculosis Sanatorium.....$ 3,810,000.00 (e) For cost of contracts with local governmental agencies operating local tuberculosis sanatoria to perform services

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required by the State Tuberculosis Sanatorium.....$ 300,000.00 (f) For matching Federal funds for benefits or services for crippled children as authorized by law.....$ 500,000.00 Section 13. (a) For the cost of operating the State Department of Public Welfare.....$ 500,000.00 (b) For grants to counties for aid in administration of county public welfare.....$ 1,325,000.00 (c) For matching Federal funds for benefits to old age, blind, permanently disabled and dependent children and maternity and foster home care for adoption purposes as authorized by law.....$ 18,237,000.00 (d) For the support, maintenance, and equipment of the State institutions under the management of the State Department of Public Welfare.....$ 11,000,000.00 (e) For buildings and equipment of above State institutions.....$ 1,000,000.00 Provided, that from this appropriation the sum of not less than $500,000.00 shall be expended each year for the erection and equipping of buildings at the School for Mental Defectives at Gracewood for the years 1956-1957 and year 1957-1958. Section 14. For pensions to Confederate widows.....$ 275,000.00 ALL OTHER AGENCIES. Section 15. Agriculture, Dept. of

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(a) For the cost of operating all activities of the department including farmers' markets.....$ 1,800,000.00 (b) For development of farmers' markets.....$ 50,000.00 (c) For testing, vaccinating, branding and tagging farmers' livestock and for indemnities to be paid by State for diseased livestock slaughtered.....$ 300,000.00 (d) For annual cost of acquiring farmers' market land, buildings and equipment from the State Farmers' Market Authority and for no other purpose.....$ 500,000.00 Provided, that notwithstanding any itemization of purposes for which funds are appropriated to the Agriculture Department by this section the sums necessary to pay rentals accruing under lease contracts heretofore or hereafter executed by the State Department of Agriculture for leasing of property from State Authorities shall constitute a first charge on all funds appropriated to the State Department of Agriculture by this section or otherwise. Provided, further, that no provision in this Act shall be construed as authorizing the reduction of or the voiding of any part of the appropriation made in Subsection (d) required to pay the annual payment required under lease contracts with State Authorities. (e) For poultry disease research and control and poultry processing plant inspections.....$ 100,000.00

Page 772

Section 16. Alcoholism, Georgia CommissionFor the cost of operating all activities.....$ 200,000.00 Section 17. Audits, Department ofFor the cost of operating all activities of the department, county school auditing and Budget Division.....$ 175,000.00 Section 18. Banking, Department of For the cost of operating all activities of the Department, including examination of credit unions.....$ 175,000.00 Section 19. Capitol Square Improvement Committee (a) For cost of operating the State Office Buildings.....$ 150,000.00 (b) For annual cost of acquiring the Judicial, Agricultural and Office Buildings.....$ 983,419.50 Provided, that no provision in this Act shall be construed as authorizing the reduction of or the voiding of any part of this appropriation which is the fixed annual payment required under lease contracts with the State Office Building Authority. Section 20. Commerce, Department ofFor the cost of operating.....$ 300,000.00 Section 21. Comptroller General For cost of operating the office of Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council and Insurance Rate Division, Industrial L o a n Commissioner and the Liquefied Petroleum Safety Act.....$ 475,000.00

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Section 22. Confederate Pensions and Records For the cost of operating the Department.....$ 15,000.00 Section 23. Conservation (a) For the cost of operating the Department of Forestry.....$ 1,900,000.00 (b) For the cost of operating the Forestry Research Council including allotment annually to Herty Foundation.....$ 120,000.00 (c) For the cost of operating Game and Fish Commission.....$ 850,000.00 (d) For cost of operating Department of Mines, Mining and Geology.....$ 150,000.00 (e) For cost of operating Oil and Gas Commission.....$ 6,000.00 (f) For cost of operating Department of Parks.....$ 375,000.00 Section 24. Corrections, State Board ofFor cost of operating.....$ 150,000.00 Provided, that any invoice or bill for expense incurred by the State incident to the enforcement of provisions of the Uniform Extradition Act (Acts 1951, p.p. 726, 737) shall upon approval of the Governor be paid by the department from the appropriation made in this section. Section 25. Entomology, Department ofFor the cost of operating the Department of Entomology, including emergency disease and insect eradication.....$ 185,000.00

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EXECUTIVE DEPARTMENT. Section 26. (a) For the cost of operating the Executive Department, including cost and maintenance expense of executive automobile and telephones at the Executive Mansion.....$ 130,000.00 (b) For allowance payable monthly for cost of operating the Executive Mansion, including servants' hire, food, other supplies and laundry.....$ 12,000.00 Provided, that the accounts to furnish the necessary heat, light, power, water, repairs, furnishings and equipment at the Executive Mansion shall be paid by the public buildings and grounds fund administered by the Secretary of State. (c) For a contingent fund of the Executive Department for other costs of operating, namely, rewards, dues Governors' Conference and special committee expenses.....$ 22,500.00 Section 27. Historical Commission, GeorgiaFor the cost of operating the commission.....$ 100,000.00 Section 28. Labor, Department of (a) For the cost of operating the Commissioner's Office and Factory Inspection Division.....$ 135,000.00 (b) For that part cost of operations of the Employment Security Agency as authorized by Act approved March 8, 1945.....$ 85,000.00 Section 29. Law, Department ofFor

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the cost of operating the Department of Law.....$ 250,000.00 Provided, that the compensation of all Assistant Attorneys-General, Deputy Assistant Attorneys-General, all law clerks and stenographic help necessary to carry on the legal duties of the State required of Department of Law or any other agency of the State in the executive branch of the State Government, shall be paid from this fund. No other agency is authorized to expend the funds appropriated as otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item unless the payment is made 100% from Federal funds. Section 30. Library, State For the cost of operating the State Library and the purchase of new books and publications.....$ 38,500.00 Section 31. Milk Control BoardFor the cost of operating the Milk Control Board.....$ 150,000.00 Section 32. Pardons and P a r o l e s, State Board ofFor the cost of operating board.....$ 250,000.00 Section 32 (a). Statewide Probation System to be administered by a State Board of ProbationFor the cost of operating aforesaid board and system.....$ 250,000.00 Section 33. Pharmacy Board For the cost of operating the Office of Chief Drug Inspector.....$ 40,000.00

Page 776

Section 34. Public Defense, Department ofFor the cost of operating the Military Division, aid to military organizations and cost of operating the Civil Defense Division.....$ 545,000.00 Section 35. Public Safety, Department ofFor the cost of operating the Department of Public Safety.....$ 3,100,000.00 Section 36. Public Service CommissionFor the cost of operating the Utilities Division and the Motor Carriers Division of the Public Service Commission.....$ 300,000.00 Section 37. Revenue, Department ofFor the cost of operating the Department of Revenue, including liquor warehouses, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State Treasury.....$ 4,800,000.00 Provided, further, that in addition to the above appropriation, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of collections made in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. L. 1947, p. 1115) by virtue of said wholesale distributor being engaged in retailing gasoline. Section 38. Rural Housing Committee Operations.....$ 10,000.00

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Section 39. Secretary of State (a) For the cost of operating the Office of Secretary of State; Corporation Division; Building and Loan Division; Securities Division; Commission's Division and Joint Secretary's Office.....$ 250,000.00 (b) For cost of operating Archives and History and Museum Divisions.....$ 100,000.00 (c) For cost of operating the several examining boards.....$ 225,000.00 Provided, that $185,000.00 of the funds appropriated in this item shall be apportioned to each board in exact ratio of the revenue collections of each board and $40,000.00 shall be available to meet emergencies in the expenses of the boards in discretion of the Secretary of State with approval of the State Budget Authorities. (d) For cost of housing and safe-keeping permanent and valuable State records and for micro-filming of permanent and valuable State records.....$ 30,000.00 (e) For cost of operating State Capitol building and grounds; the maintenance of Confederate cemeteries; the repairs, furnishings, equipment, heat, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for.....$ 150,000.00 Provided, that the State agency having in charge any State property shall pay the premium of insurance on such property.

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(f) Special repairs Capitol Building and Mansion.....$ 100,000.00 Section 40. Supervisor of PurchasesFor the cost of operating the office of Supervisor of Purchases.....$ 140,000.00 Section 41. Treasury, State (a) For the cost of operating the State Treasury.....$ 65,000.00 (b) For operation of office of Bond Commissioner as per Section 40-1201 of the Code of Georgia.....$ 10,000.00 Section 42. Treasury Land Title FundThere is hereby in trust for this fund the actual amount of receipts as required by law. Section 43. Veterans' Service OfficeFor the cost of operating.....$ 740,000.00 Section 44. Water Law Revision CommitteeFor the cost of operating.....$ 20,000.00 Section 45. Workmen's Compensation, State Board ofFor cost of operating the State Board of Workmen's Compensation.....$ 210,000.00 Section 45 (a). Georgia Waterways CommissionFor the cost of operation.....$ 5,000.00 Section 46. All appropriations and expenditures authorized by this Act shall be subject to provisions of Article VII, Section IX, Paragraph II of the Constitution of Georgia, which continues in

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force and effect Sections 33, 55, 57, 58, 59, 60, 62 and 63 of Appropriation Act, approved January 29, 1943, same being laws of general application to all appropriations made by the General Assembly. Section 47. In the event it is determined by the Budget Bureau that the total receipts in the State treasury from State revenue funds in a fiscal year for which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the State Budget Authority is authorized and is hereby directed to make a pro rata reduction of the amount that each appropriation item provided for in the foregoing sections of this Act is in excess of the actual operating budget allotment for each respective item for the fiscal year ending June 30, 1956. Said pro rata reduction shall be equal to the percentage that the total amount of the deficiency in the treasury receipts in a fiscal year is to the amount that is the aggregate total amount of the appropriations provided for in the foregoing sections of this Act in excess of the aggregate total of the actual operating budget allotments for each item in the fiscal year ending June 30, 1956. The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, however, the provisions of this paragraph shall not apply to the appropriation of any agency which does not have a full year's operating budget for the fiscal year ending June 30, 1956, such

Page 780

as new agencies created by Acts of the General Assembly after January 1, 1956. Provided, further, the Budget Authority is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL REGULAR APPROPRIATIONS, EACH FISCAL YEAR.....$284,964,433.60 Section 48. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that in the event the actual receipts in the State treasury from State revenue funds in a fiscal year for which appropriations are made in this Act, exceeds the amount needed to pay the appropriations and/or allotments authorized by the foregoing sections of this Act and having budgetary approval, the Budget Authorities are authorized and directed to make available the following contingent appropriations for each fiscal year in the amounts and for purposes authorized. If there are not sufficient funds as above provided to pay the following contingent appropriations in full, the Budget Authorities are authorized and directed to make available such part of any of the contingent appropriations as can be paid from the excess income of the State for the fiscal year for which appropriations are made in this Act. The State Treasurer

Page 781

and the Comptroller General are authorized and directed to set up the contingent appropriations in full or in part upon receiving authorization from the Budget Authorities and same shall be in addition to the appropriations or allotments authorized by the foregoing sections of this Act. Provided that in the administration of this section 80% of all income received in a fiscal year which is in excess of the total amount of appropriation or allotment authorized in the foregoing sections of this Act for the fiscal year, other than income received from Motor Fuel Tax and Motor Vehicle Tag Tax, shall be distributed 75% to the State Board of Education, 20% to State Board of Regents and 5% to Teacher Retirement Fund and no State official shall be authorized to expend said funds in any other manner. EDUCATION. (a) To supplement and become a part of appropriation provided for the State Board of Education for the educational purposes, including additional capital outlay funds and for all other purposes provided for under Section 7 of this Act. Provided, however, that the supplement authorized hereunder shall be subject to all rules, regulations, restrictions and limitations set forth in Section 7 of this Act with reference to the regular appropriation for educational purposes, and especially that portion relating to the maintenance and operation of separate schools for the white and colored races.....$ 32,400,000.00

Page 782

Before any of these funds shall be used for across the board increases or other extensions of the school program other than provided by the Minimum Foundation Program law, and after the Minimum Foundation Program is financed fully on an annual basis, the monies appropriated herein shall be used to finance the Minimum Foundation Program on a semi-annual basis as provided in Act No. 374 (Ga. L. 1955, pp. 601-602) approved March 9, 1955. (a-1) For additional amounts for educational grants to be calculated by the Governor so as to make such grants in an amount that the Governor may deem necessary for education.....$ 5,000,000.00 (a-2) For sick leave for common-school teachers at $5.00 per day for 5 days of each school year.....$ 725,000.00 Provided, that this amount shall be paid from the first funds made available to apply on the appropriations in Sub-sections (a), (a-1) or (a-2) in this section after money has been made available to finance the M.F.P.E. in full on an annual basis. (b) To supplement and become a part of appropriation provided for the State Board of Regents for the educational purposes provided for under Section 8 of this Act. Provided, however, that the supplement authorized hereunder shall be subject to all the rules, regulations, restrictions and limitations set forth in Section

Page 783

8 of this Act with reference to the regular appropriation for educational purposes and especially that portion relating to the maintenance and operation of separate schools for the white and colored races. Aid to University System for maintenance and for new buildings, plant and equipment.....$ 8,000,000.00 (c) To supplement and become part of appropriation provided the State's contribution to the Teacher Retirement Fund.....$ 750,000.00 1. Of the monies appropriated in this section the first $536,000.00 shall be used to provide a minimum of $100.00 per month for teachers' retirement in accordance with H.B. 366. HEALTH, PUBLIC WELFARE. (d) To supplement and become part of appropriation for cost of operating the Department of Public Health.....$ 500,000.00 (d-1) To be expended for aid in financing additional facilities at the Kennestone Hospital in Cobb County.....$ 500,000.00 (d-2) To be expended for aid in financing additional facilities at the City-County Hospital in Troup County.....$ 500,000.00 (e) To supplement and become part of the appropriation for the cost of operating the Department of Public Health-Tuberculosis Sanatorium.....$ 500,000.00 (f) To supplement and become part

Page 784

of the appropriation to Department of Public Welfare for matching Federal funds for benefits to old age, blind, permanently disabled and dependent children and for additional administration expense.....$ 2,000,000.00 (g) To supplement and become part of the appropriation for the support, maintenance and equipment of State institutions under management of Public Welfare Department.....$ 3,000,000.00 (h) To supplement and become part of the appropriation for buildings and equipment of institutions under management of Public Welfare Department.....$ 750,000.00 OTHER AGENCIES. (i) For cost of development of the various State parks.....$ 500,000.00 Provided, that from the amount above authorized, a sum of $100,000.00 be made available each fiscal year for the development of the Georgia Veterans Memorial State Park. (j) For the cost of operating all activities of the Department of Agriculture including Farmers Markets.....$ 300,000.00 TOTAL CONTINGENT APPROPRIATIONS......$ 55,425,000.00 Section 49. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 14, 1956.

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SUPERIOR COURT CLERKSDUTIES. Code 24-2714 Amended. No. 457 (House Bill No. 422). An Act to amend Section 24-2714 of the Code of Georgia of 1933, entitled Superior Court Clerks, Duties so as to authorize the clerk superior court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; 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 24-2714 of the Code of Georgia of 1933 be amended by adding to Paragraph 3 thereof, the following language, to wit: It shall likewise be the duty of the clerk to issue and sign under authority of the court, any order to show cause in any pending litigation on behalf of any party thereto, and likewise any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted., so that said Paragraph 3 when so amended shall read as follows: Code 24-2714 aemnded. 3. To issue and sign (and attach seals thereto when necessary) every summons, subpoena, writ, execution, process or order, or other paper under the authority of the court. It shall likewise be the duty of the clerk to issue and sign under authority of the court, any order to show cause in any pending litigation on behalf of any party thereto, and likewise any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1956.

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CONTRABAND ARTICLES (FORGED REVENUE STAMPS, ETC.). No. 458 (House Bill No. 601). An Act to protect the revenues of the State of Georgia by defining certain articles as contraband; by providing for the seizure of contraband articles and conveyances used in connection with contraband articles; by providing criminal penalties for falsely evidencing the payment of any tax imposed by the revenue laws, or giving currency to any such false evidence, for possessing, transporting, or concealing any contraband articles, for using any conveyance in connection with any contraband articles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) It shall be unlawful (1) to make, possess, or have in one's custody or control any contraband article; (2) to transport, carry, or convey, any contraband article in, upon, or by means of, any vessel, vehicle, aircraft, or other conveyance; (3) to conceal or possess any contraband articles in or upon any vessel, vehicle, aircraft, or other conveyance, or upon the person of anyone in or upon any vessel, vehicle, aircraft, or other conveyance; or (4) to use any vessel, vehicle, aircraft, or other conveyance for the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article. Contraband. (b) As used in this section, the term contrabrand article means: (1) any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of Georgia; and (2) any article, plate, die, stamp, machine, apparatus, or paraphernalia, or other device or material designed for use, intended to be used, or used in the making of any such unauthorized, false,

Page 787

forged, altered, or counterfeit revenue stamp or marking; (3) any article or property to which any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, evidencing the payment of any tax imposed by the revenue laws of Georgia is attached or affixed. Section 2. Any contraband article, as herein defined, or any vessel, vehicle, aircraft, or other conveyance which has been or is being used in violation of any provision of this Act, or in, upon, or by means of which any violation has taken or is taking place, shall be seized by any law enforcement officer or revenue officer of the State of Georgia, without a warrant, and forthwith shall be delivered to the State Revenue Commissioner who shall post a notice of such seizure for a period of ten (10) days in a prominent place in the courthouse of the county in which such seizure occurred, stating that a decision as to seizure and forfeiture will be made by the State Revenue Commissioner at the expiration of said ten (10) day period, and such notice shall act as a bar against any person subsequently asserting a claim of any interest existing in such article at the time of seizure, and, upon determining that such article is contraband and that seizure and forfeiture is in accordance with the provisions of this Act the said Revenue Commissioner shall direct the disposition or destruction of same as he may deem appropriate, and the proceeds of any sale of any such seized property conducted by the Commissioner of Revenue in his discretion as he may direct shall be delivered to the State Treasurer; Provided, That no vessel, vehicle, aircraft, or other conveyance used in the transaction of business as a common carrier shall be forfeited under the provisions of this Act unless it shall appear that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle, aircraft, or other conveyance, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle, aircraft, or other conveyance, was at the time of the alleged illegal act a consenting party or privy thereto: Provided further, That no vessel, vehicle, aircraft

Page 788

or other conveyance shall be forfeited under the provisions of this Act by reason of any act or omission shown by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, aircraft, or other conveyance was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State. Seizure. Section 3. Any person who with intent to defraud, unauthorizedly makes, falsifies, forges, alters, or counterfeits any revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of Georgia, shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than three (3) years, or both. Penalties. Section 4. Any person who with knowledge passes, publishes, utters, or gives currency to, any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of Georgia, shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than three (3) years, or both. Same. Section 5. Any person who possesses or has custody of any contraband article as defined in this Act shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than three (3) years, or both. Same. Section 6. Any person who transports, carries or conveys any contraband article in, upon, or by means of, any vessel, vehicle, aircraft, or other conveyance shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than three (3) years, or both. Same.

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Section 7. Any person who conceals, or possesses any contraband article in or upon any vessel, vehicle, aircraft, or other conveyance or upon the person of anyone in or upon any vessel, vehicle, aircraft, or other conveyance shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than three (3) years, or both. Same. Section 8. Any person who uses any vessel, vehicle, aircraft, or other conveyance for the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article, shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than three (3) years, or both. Same. Section 9. The owner of any property subject to forfeiture under this Act may test the legality of any forfeiture herein provided by filing in the superior court in the county in which such property was seized within ten (10) days after such seizure an affidavit of illegality against the State Revenue Commissioner in the manner and form prescribed by law for testing the legality of tax fi. fas. Affidavits of Illegality. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1956. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 459 (House Bill No. 366). An Act to amend an Act establishing a retirement system for certain teachers in the public and State-supported schools, approved March 19, 1943 (Ga. Laws 1943,

Page 790

p. 640), as amended, so as to provide that the minimum service retirement benefit of a member with thirty-five (35) years of service shall be one hundred ($ 100) dollars per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for certain teachers in the public and State-supported schools approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding a new section to be numbered Section 5A, to read: Benefits. Section 5A. Any provision in this Act to the contrary notwithstanding, the minimum service retirement benefit of a member with thirty-five (35) years of service shall be one hundred ($100) dollars per month. Section 2. The provisions of this Act are retroactive to teachers already retired and shall apply on a pro-rata basis to those teachers who retire with less than 35 years service. Section 3. This Act shall be effective only when money becomes available to finance the same. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1956. INSURANCE COMPANIESTAX. No. 462 (House Bill No. 299). An Act to provide that any Georgia domiciled insurance company, corporation or association issuing insurance policies on fire, windstorm, lightning and extended

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coverage, may deduct any retaliatory tax actually paid another State from their Georgia taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any insurance company, corporation or association domiciled in the State of Georgia, and issuing insurance policies on fire, lightning, extended coverage and windstorm covering property within this State, may deduct any retaliatory tax actually paid to another State from their Georgia taxes due for the tax year for which such retaliatory tax was paid and only at the time when such Georgia taxes for that year are paid and upon furnishing proof of payment of such retaliatory tax to the Insurance Commissioner of Georgia. Reduction of retaliatory tax. Section 2. The provisions herein shall apply only to taxes accruing on and after January 1, 1956. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1956. BIRTH CERTIFICATESPETITION TO SECURE. No. 464 (House Bill No. 11). An Act to amend an Act providing for the filing of a petition to the superior court or the court of ordinary by any person desirous of establishing the time and place of his birth and of securing the issuance of a certificate of birth, approved March 30, 1943 (Ga. L. 1943, p. 424), as amended by an Act approved February 9, 1949 (Ga. L. 1949, p. 384) so as to repeal the provision providing for a fee to be transmitted with each certified copy of the birth certificate to the State

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Department of Public Health; to provide for an examination fee to be paid by the applicant; to provide for an additional fee for each certified copy of the judgment desired by the applicant; 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 filing of a petition to the superior court or the court of ordinary by any person desirous of establishing the time and place of his birth, and of securing the issuance of a certificate of birth; to provide for the contents of said petition; to provide that the petitioner must have been a bona fide resident of the State of Georgia for at least six months prior to the filing of said petition; to provide filing of affidavit covering advertising; to provide for a hearing on said petition and the evidence to be submitted at such hearing; to provide for the issuance of a judgment determining the time and place of petitioner's birth; to provide that the ordinary may delegate his duties and authority under the terms of this Act to any lawful deputy of such ordinary or to such other person as the ordinary may designate, after such person has first been approved by the State Department of Public Health; to provide for the cost of proceedings under the terms of this Act; to provide for the filing of judgments rendered hereunder in the office of the ordinary of the county where the same are issued, and to require the keeping of such index of such judgments; to provide for the filing of a certified copy of said judgments with the State Department of Public Health; to provide that said judgments and certified copies thereof shall have the same force and effect as birth certificates from a local registrar under the provisions of existing law to provide for the repeal of laws or parts of laws in conflict herewith, and for other purposes, approved March 30, 1943 (Ga. L. 1943, p. 424), as amended by an Act approved February 9, 1949 (Ga. L. 1949, p. 384), is hereby amended by striking the last sentence of Section 6 so that said Section, as amended, shall read:

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Section 6. When a judgment is issued under the terms of this Act, determining the time and place of the applicant's birth, a copy of such judgments shall be filed in the office of the ordinary of the county in which such judgment is rendered, and the ordinary shall keep an indexed record to be known as Birth Certificate Record, and shall enter thereon the proper index of such judgment. A certified copy of such judgment shall be transmitted by the court issuing the same to the State Department of Public Health, and shall be filed as a permanent record with the Bureau of Vital Statistics with the same force and effect as a certificate of birth from a local registrar under the provisions of existing law. Judgment and copies. Section 2. Said Act is further amended by striking Section 7 in its entirety and in lieu thereof inserting the following: Section 7. The applicant shall pay, upon the filing of the petition herein provided for, when such petition is filed to the ordinary, or other person delegated by the ordinary, an examination fee of two dollars and fifty cents ($2.50). The applicant shall pay to the ordinary or to other persons designated by the ordinary, as the case may be, an additional fee of one dollar ($1) for each certified copy of the judgment desired by the applicant. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1956. DEPARTMENT OF STATE PARKS. No. 466 (House Bill No. 580). An Act to amend an Act approved February 19, 1943 (Ga. L. 1943, p. 180) creating a Division of Conservation and defining its powers and duties, as amended,

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more particularly as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1079) and an Act approved March 3, 1955 (Ga. L. 1955, p. 309), so as to change the name of the Department of Parks, Historic Sites and Monuments; to amend an Act approved March 5, 1937 (Ga. L. 1937, pp. 264, 278) relating to the National Resources Department, so as to provide that park roads shall become a part of the highway system of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 19, 1943 (Ga. L. 1943, p. 180) creating a Division of Conservation and defining its powers and duties, as amended, more particularly as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1079) and an Act approved March 3, 1955 (Ga. L. 1955, p. 309) is hereby amended by striking therefrom Section 3, as amended, relating to the Department of Mines, Mining and Geology and the Department of State Parks, Historic Sites and Monuments, and by substituting in lieu thereof the following: Section 3. There is hereby created under the State Division of Conservation within the Executive Department of Georgia two departments to be known as follows: 1. The Department of Mines, Mining and Geology. 2. The Department of State Parks. Department of State Parks. The Department of Mines, Mining and Geology shall have all the powers and duties heretofore vested in the Division of Mines, Mining and Geology. The Department of State Parks shall have all the powers and duties heretofore vested in the Division of State Parks, Historic Sites and Monuments. The powers and duties hereby transferred shall be all those powers and duties not inconsistent with this Act.

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Section 2. Said Act, as amended, is further amended by striking therefrom, wherever it appears, the words Department of State Parks, Historic Sites and Monuments and by substituting in lieu thereof the words Department of State Parks. Section 3. An Act approved March 5, 1937 (Ga. Laws 1937, p. 264) creating a Department of Natural Resources and defining its powers, duties and composition, as amended, more particularly as amended by an Act approved February 19, 1943 (Ga. L. 1943, p. 180), is hereby amended by striking therefrom that part of Section 9 (4), constituting the second unnumbered paragraph on page 278 of the Act of 1937 above referred to, said unnumbered paragraph relating to the Highway Department, and by substituting in lieu thereof the following: The State Highway Department is hereby authorized and directed to expend State highway funds in the construction, re-construction, improvement, repair and maintenance of roads within the boundaries of any land embraced within the State parks system, and to re-locate, construct, re-construct, improve, repair and maintain roads leading from the State highway to any land or other property embraced within the State parks system, and said roads shall become a part of the highway system of Georgia and be so designated. Such roads are to be re-located, constructed, improved, repaired and maintained in such manner as may be agreed upon between the Commissioner and the State Highway Department. Roads in State parks. Section 4. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1956.

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COMMITMENT AFTER ARREST. Code 27-210, 27-212 Amended. No. 469 (House Bill No. 59). An Act to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; to provide that a person arresting without a warrant shall convey the offender before the most convenient officer authorized to receive an affidavit and issue a warrant within 48 hours; to provide that the arresting officer shall notify the accused as to when the commitment hearing is to be held; to provide that an accused shall be released if he is not notified when the commitment hearing is to be held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Code Chapter 27-2, relating to arrests, is hereby amended by striking Code Section 27-210, relating to the diligence of the arresting officer, and in lieu thereof inserting the following: Code 27-210 amended. 27-210. Every officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the person authorized to examine, commit or receive bail and in any event to present the person arrested before a committing officer within 72 hours after arrest. The arresting officer shall notify the accused as to when and where the commitment hearing is to be held. The offender who is not notified of the time and place of the commitment hearing, before the hearing, shall be released. Arrests under warrants; commitment. Section 2. Said Code Chapter is further amended by striking Code Section 27-212, relating to the duty of persons

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arresting without a warrant, in its entirety, and in lieu thereof inserting the following: Code 27-212 amended. 27-212. In every case of an arrest without a warrant the person arresting shall without delay convey the offender before the most convenient officer authorized to receive an affidavit and issue a warrant. No such imprisonment shall be legal beyond a reasonable time allowed for this purpose and any person who is not conveyed before such officer within 48 hours shall be released. Arrests without warrant. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. DEBT ADJUSTING. No. 471 (Senate Bill No. 139). An Act to define debt adjusting, to describe the persons and organizations which shall be considered as engaged in the business of debt adjusting, to make it unlawful for any person to engage in the business of debt adjusting, to provide a penalty for engaging in the business of debt adjusting, to exempt those who adjust debts incidentally in the practice of law, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. Definitions . As used in this Act the following words and terms shall have the following meaning unless the context clearly requires a different meaning. The singular shall include the plural and the masculine gender the feminine gender.

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(a) Person shall mean an individual, corporation, partnership, trust, association or other legal entity. (b) Debt adjusting shall mean doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to: (1) effect the adjustment, compromise, or discharge of any account, note, or other indebtedness, of the debtor, or; (2) receive from the debtor and disburse to his creditors any money or other thing of value. Section 2. Debt adjustment companies prohibited . It shall be unlawful for any person to engage in the business of debt adjusting. Section 3. Penalty . Whoever engages in the business of debt adjusting shall be guilty of a misdemeanor and upon conviction thereof shall be punished for same as provided by law. Section 4. Exemptions . Nothing in this Act shall apply to those situations involving debt adjusting as herein defined incurred incidentally in the practice of law in this State. Section 5. Effective date . This Act shall take effect upon approval by the Governor. Approved March 17, 1956.

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PRACTICE OF LAW BY JUVENILE COURT JUDGES. No. 473 (House Bill No. 87). An Act to amend an Act known as the Juvenile Court Act, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney in any matter which is pending or has been within the jurisdiction of his own court, 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, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, is hereby amended by adding a new section, to be known as Section 4A to read as follows: Section 4A. It shall be unlawful for the judge of any juvenile court to engage directly or indirectly in the practice of law in his own name, or in the name of another, as a partner or in any manner, in any cause, proceeding or matter of any kind, in his own court or in any other court in any cause, proceeding or any other matter of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly, in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge. Prohibited practice. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956.

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ABANDONMENT. Code 74-9902 Amended. No. 476 (House Bill No. 237). An Act to amend Section 74-9902 of the Code of Georgia, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 173), relating to abandonment of children and the penalty therefor, so as to provide that said Act shall apply to illegitimate children; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 74-9902 of the Code of Georgia, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 173), relating to abandonment of children and the penalty therefor, is hereby amended by inserting after the word child in the second line of said section, and also in the fourth line of the same, the words either legitimate or illegitimate so that said section, as amended, shall read as follows: Section 74-9902. If any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor: Provided, however, if any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, and shall leave this State he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reducible to a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or against the other. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the

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offense does not furnish sufficient food and clothing for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section; if it shall be made to appear that said child was in a dependent condition as defined herein for a period of 30 days prior to the commencement of prosecution. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. OBSCENE PICTURES AND BOOKS, ETC. Code 26-6301 Amended. No. 478 (House Bill No. 407). An Act to amend Code Chapter 26-63, as amended, relating to obscene pictures and abusive language, so as to amend Section 26-6301 to provide for the exclusion of matter used and in the possession of licensed newspapers, movie theaters, television stations, and radio stations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-63, as amended, is hereby amended by striking Section 26-6301 of said chapter in its entirety and inserting in lieu thereof the following: Code 26-6301 amended. 26-6301. Any person who shall bring, or cause to be brought, into this State for sale, exhibition, or shall sell or offer to sell, or shall lend or give away or offer to lend or give away, or who shall possess or having possession thereof, shall knowingly exhibit or transmit to another

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any indecent, immoral or obscene pictorial newspaper, book, pamphlet, magazine, newspaper, film, picture, recording or other printed paper or obscene matter principally made up of pictures, stories or sounds of deeds of lust tending to debauch the morals, or shall advertise any of said articles or things for sale, by any form of notice, printed, written, or verbal, or shall manufacture, draw, or print any of said articles, with intent to sell or expose or to circulate the same, shall upon conviction, be punished by confinement and labor in the penitentitary for not less than one nor more than five years but, however, upon the recommendation of the jury, said offense may be punished as for a misdemeanor. Provided, that any legitimate or licensed radio station, television station, moving picture theater, or newspaper, published primarily for the distribution of public news, shall be exempt from the provisions of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. DEPUTY COMPTROLLER GENERAL. Code 40-1101, 40-1505 Amended. No. 479 (House Bill No. 185). An Act to amend Section 40-1101 of the Code of Georgia, enumerating the duties of the State Treasurer so as to provide that he may pay out money on warrants countersigned by the Deputy Comptroller General; to amend Section 40-1505 of the Code of Georgia, relating to the duties of the Comptroller General so as to provide that in the absence of the Comptroller General the Deputy Comptroller General may countersign warrants; to provide for such Deputy Comptroller General; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 40-1101 of the Code of Georgia, enumerating the duties of the State Treasurer is hereby amended by adding after the words Comptroller General, in the sixth line of Subsection 1 thereof, the words or in his absence the Deputy Comptroller General as provided by law so that said Subsection 1 of said Section shall read as follows: Code 40-1101 amended. (1). To receive and keep safely all the money which shall be paid to him in behalf of the State (giving certificates therefor, which shall specially set forth the amount, on what account, and by whom paid, and shall be lodged as vouchers in the Comptroller's office), and to pay out the same only upon the warrants of the Governor, when countersigned by the Comptroller General, or in his absence the Deputy Comptroller General as provided by law, excepting the drafts of the President of the Senate and Speaker of the House of Representatives for sums due to the members and officers of their respective bodies. Section 2. Section 40-1505 of the Code of Georgia, relating to particular duties of the Comptroller General is hereby amended by adding to the end of Subsection 2 thereof the following: In the event the Comptroller General is sick or for other reason is absent from his office for three or more days, the Deputy Comptroller General provided for hereinafter shall examine, check and countersign said warrants during the absence of the Comptroller General. For such purposes the Comptroller General is hereby authorized and directed to designate one of his employees as Deputy Comptroller General. so that when amended, Subsection 2 of the Code Section 40-1505 shall read as follows: Code 40-1505 amended. (2) To examine, check and countersign all warrants upon the treasury drawn by the Governor, President of the Senate, and Speaker of the House of Representatives, and charge the amount thereof to the funds on which they may be respectively drawn, previous to their being presented to the Treasurer for payment. In the event the Comptroller General is sick or for other reason is absent from his office for three or more days, the Deputy Comptroller General provided for hereinafter shall examine, check, and countersign said warrants during the absence of the Comptroller General. For such purposes the Comptroller General is hereby authorized and directed to designate one of his employees as Deputy Comptroller General.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. ACTS OF GENERAL ASSEMBLYDISTRIBUTION. Code 101-207 Amended. No. 480 (House Bill No. 193). An Act to amend Code Section 101-207, relating to the distribution of laws and journals for civil officers of each county, so as to provide a change in the distribution of such laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 101-207, relating to the distribution of laws and journals for civil officers of each county, is hereby amended by striking said Code section in its entirety, and in lieu thereof inserting the following: 101-207. Each county shall be entitled to one copy of the Acts of the General Assembly for the ordinary, one copy for the county or city court judge, one copy for the clerk of the superior court, and one copy for the

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use of the county attorney, to be distributed by the ordinary. Each member of the General Assembly shall also be entitled to one copy, to be mailed to such member. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. ORDINARIES' RETIREMENT SYSTEM AMENDED. No. 482 (House Bill No. 327). An Act to amend an Act providing for retirement benefits for the ordinaries of Georgia, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 362), as amended by an Act approved March 9, 1955 (Ga. L. 1955, p. 645), so as to provide that an ordinary, upon completing the required number of years service, and being otherwise qualified, may retire and may cease making payments to the fund and commence receiving retirement benefits upon reaching the age of 60; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for retirement benefits for the ordinaries of Georgia, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 362), as amended by an Act approved March 9, 1955 (Ga. L. 1955, p. 645), is hereby amended by adding at the end of Section 13 the following: Provided, however, any other provisions of this Act to the contrary notwithstanding, any person who completes the required number of years of service and is otherwise qualified under this Act to receive retirement benefits in every manner except as regards reaching the age of 60 years as provided in the first sentence of this section, may retire and may cease payments into the fund and upon reaching the age of 60 commence receiving

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the retirement benefits to which he is entitled. so that when so amended, Section 13 shall read as follows: Section 13. No one shall be eligible for retirement benefits under the provisions of this Act until he has reached the age of 60 years. Provided, however, any other provisions of this Act to the contrary notwithstanding, any person who completes the required number of years of service and is otherwise qualified under this Act to receive retirement benefits in every manner except as regards reaching the age of 60 years as provided in the first sentence of this section, may retire and may cease payments into the fund and upon reaching the age of 60 commence receiving the retirement benefits to which he is entitled. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND ABOLISHED. No. 488 (House Bill No. 584). An Act to simplify the construction, acquisition and financing of educational and training facilities for the State by transferring to and conferring upon the State School Building Authority, created and operating under the State School Building Authority Act, approved February 19, 1951 (Ga. L. 1951, p. 241), as amended, all the powers and functions of the Vocational Trade School Building Authority created by the Vocational Trade School Building Authority Act approved February 16, 1951 (Ga. L. 1951, p. 132), and all of the powers and functions of the School Building Authority for the Deaf and Blind created by the State School Building Authority for the Deaf and Blind Act approved

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February 21, 1951 (Ga. L. 1951, p. 637), so as to authorize said State School Building Authority to carry out the purposes of the Vocational Trade School Building Authority as set forth in said Vocational Trade School Building Authority Act and so as to authorize said State School Building Authority to carry out the purposes of the School Building Authority for the Deaf and Blind as set forth in said State School Building Authority for the Deaf and Blind Act; to authorize the Authority to acquire, construct, improve, alter, repair, operate and maintain self-liquidating projects as set forth in the aforesaid Acts creating the Vocational Trade School Building Authority and the School Building Authority for the Deaf and Blind; to authorize the Authority and the State Board of Education to execute leases and contracts pertaining to such projects; to authorize the issuance of revenue bonds by the Authority to finance such projects and to secure the same; to abolish the Vocational Trade School Building Authority and the State School Building Authority for the Deaf and Blind following the transfer of their rights, powers and functions to the State School Building Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There are hereby transferred to and conferred upon the State School Building Authority, that body created and acting under the State School Building Authority Act approved February 19, 1951 (Ga. L. 1951, p. 241), as amended in addition to all of the rights, powers and functions heretofore conferred upon said Authority, all of the rights, powers, and functions of the Vocational Trade School Building Authority as set forth in Sections 1 through 32 of the Vocational Trade School Building Authority Act approved February 16, 1951 (Ga. L. 1951, p. 132), so that the said powers and functions heretofore entrusted to the Vocational Trade School Building Authority shall be hereafter administered by and through the State School Building Authority. Upon

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transfer of the foregoing rights, powers and functions of the Vocational Trade School Bulding Authority to the State School Building Authority, the said Vocational Trade School Building Authority is hereby abolished. Section 2. There are hereby transferred to and conferred upon the State School Building Authority, the body created and acting under the State School Building Authority Act approved February 19, 1951 (Ga. L. 1951, p. 241), as amended, in addition to all of the rights, powers and functions heretofore conferred upon said Authority, all of the rights, powers and functions of the School Building Authority for the Deaf and Blind as set forth in Section 1 through 19 of the State School Building Authority for the Deaf and Blind Act approved February 21, 1951, (Ga. L. 1951, p. 637), so that the said powers and functions heretofore entrusted to the State School Building Authority for the Deaf and Blind shall be hereafter administered by and through the State School Building Authority. Upon the transfer of the foregoing rights, powers and functions of the State School Building Authority for the Deaf and Blind to the State School Building Authority, the said State School Building Authority for the Deaf and Blind is hereby abolished. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. PHYSICAL EXAMINATION OF STATE EMPLOYEES. No. 494 (House Bill No. 207). An Act to provide for a physical examination as a prerequisite for employment by the State; to provide for examinations; to provide that the State Personnel Board shall approve the examining physician; to provide

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for reports of such examinations; to prohibit the employment of persons who do not have the physical capacity to perform the duties of their employment; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person who is otherwise qualified shall be employed by the State or any department or agency thereof, in any capacity, unless he shall furnish to the department or agency head evidence of successfully passing a physical examination by a physician approved by the State Personnel Board, to the effect that the person is in good health and free from any disability that would impair the fulfillment of the duties of his employment. Such examination shall be at the expense of the applicant for employment. Examinations. Section 2. The State Personnel Board is hereby authorized and directed to approve medical practitioners licensed by this State to perform such examinations. No such physician shall receive any compensation from the State or any department or agency thereof for performing such examinations. Examining physicians. Section 3. The State department or agency shall furnish to the applicant the physical requirements of the employment, in such manner as to enable the examining physician to ascertain the physical capacity of the applicant to fulfill the requirements of the employment. Section 4. The examining physician shall make a report in triplicate certifying that he has examined the applicant and whether or not found any disability that would impair the fulfillment of the prescribed duties of his employment. Additional confidential medical information should be given only with the consent of the applicant. The examining physician shall furnish the person examined one copy, the department or agency head one copy and shall furnish one copy to the State

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Personnel Board. Such report shall be made a part of the employment record of the applicant. Report of physician. Section 5. The State Personnel Board is hereby authorized to promulgate reasonable rules and regulations not inconsistent with the provisions of this Act nor with public health practice concerning such physical examinations. Rules and regulations. Section 6. The provisions of this Act shall not apply to department heads or temporary employees of the State, nor shall the provisions hereof apply to any present employees. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. GWINNETT COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 146 (House Resolution No. 140-399d). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Gwinnett County by districts; to provide that the superintendent of schools shall be appointed by the board of education; to prescribe 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

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the Constitution, relating to county boards of education, is hereby amended by adding to the end thereof the following: The Board of Education of Gwinnett County shall be composed of five members to be elected as herein-after provided. For the purpose of electing such members, Gwinnett County is hereby divided into five education districts. Education District No. 1 shall be composed of Harbins, Dacula, Rocky Creek and Duncans Militia Districts. Education District No. 2 shall be composed of Pucketts, Suwanee, and Sugar Hill Militia Districts. Education District No. 3 shall be composed of Duluth, Pinkneyville and Berkshire Militia Districts. Education District No. 4 shall be composed of Garners, Rock Bridge, Cates and Bay Creek Militia Districts. Education District No. 5 shall be composed of Lawrenceville, Martins, Goodwins and Hog Mountain Militia Districts. Each member of the board shall be elected by the voters of the education district which such 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 Gwinnett 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 militia district from which he offers as a candidate for at least one year immediately preceding

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the date of the election. In the event this amendment is ratified, it shall be the duty of the governing authority of Gwinnett County to publish in the official organ of the county for two weeks immediately preceding the general election in the year 1958, a notice that members of the county board of education will be elected as provided for in this Act. The members elected at such election shall take office on January 1, 1959, and they shall serve for a term of two years and until their successors are elected and qualified. All elections thereafter for members of the county board of education shall be held on the same day as the county officers of Gwinnett County are elected every four years, and the members elected shall take office on January 1, immediately following their election. In case of a vacancy on the board for any cause other than expiration of 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 Gwinnett County in effect at the time of ratification of this amendment shall be abolished January 1, 1959, and the terms of office of all members of such board shall expire on such date. The county board of education as provided for herein shall be subject to all of the constitutional provisions and all the statutory provisions relative to county boards of education unless such provisions are in conflict with provisions of this amendment. Section 2. The Board of Education of Gwinnett County shall name and appoint a county superintendent of schools on January 1, 1961, and annually thereafter. A majority of the members of said board shall be required to name and appoint the said superintendent of schools. Section 3. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has

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been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph. For ratification of amendment to Constitution so as to provide for the election of members of the Gwinnett County Board of Education by districts, and appointment of superintendent of schools by said board of education. Against ratification of amendment to Constitution so as to provide for the election of members of the Gwinnett County Board of Education by districts, and appointment of superintendent of schools by said board of education. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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 issue his proclamation thereon. LAND CONVEYANCE TO RICHMOND COUNTY. No. 147 (House Resolution No. 205-587a). A Resolution. Authorizing the conveyance by the Governor of certain real property to Richmond County, to be used for conservation purposes.

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Whereas, the State of Georgia, by deed of December 6, 1952, from A. L. Moragne, acquired in the name of the State Highway Department (Board), certain property in the 123rd District of Richmond County, Georgia, consisting of approximately 45.694 acres, as shown by plat attached hereto, and made a part thereof, said property being designated as parcels A, B, C, and D, thereon, and Whereas, said property was acquired for use partly as a right-of-way and partly to be excavated for supplying dirt for road construction, and Whereas, as a result of such excavation large holes have been left which could advantageously be used as fish ponds and lakes for benefit of the citizens of Richmond County, and Whereas, Richmond County is desirous of acquiring part of said property to be developed as aforesaid, and Whereas, the Richmond County Fish and Game Conservation Club has expressed its willingness to expend funds for said project, and Whereas, relinquishment by the State of said property other than the right-of-way would not adversely affect the State's interest, said property having already served its usefulness. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the governor be authorized to convey in fee simple absolute by quit-claim deed any part or all of said property, as he may deem advisable, subject however, to the conditions that (a) the highway right-of-way be retained and reserved to the State (b) that the State retain the right, through the State Highway Board, or its successors, to remove additional dirt or earth from said property,

Page 815

which will inure to the benefit of the conservation project by enlarging the lakes and ponds now existing. Plat attached to enrolled copy. Approved March 17, 1956. FEDERAL AID FOR EDUCATION BILL. No. 148 (House Bill No. 37). A Resolution. Exprssing the opposition of the General Assembly of Georgia to the passage of the Federal Aid for Education Bill; and for other purposes. Whereas, there is now pending in the Congress of the United States, H. R. 7535, better known as the Federal Aid for Education Bill; and Whereas, this bill is but another example of the Federal Government seeking to encroach upon the rights of the sovereign States and centralize all powers in the Federal Government; and Whereas, in the event such a bill is passed, there is no doubt but that shortly no State would be allowed to receive funds in the event its schools were segregated; and Whereas, this body should let its views be known in no uncertain terms, Now, therefore, be it resolved by the General Assembly of Georgia that it go on record as being unalterably opposed to the passage in any form of the Federal Aid for Education Bill, in that it urge the other States to assist in securing the defeat of this measure.

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Be it further resolved that the Clerk of the House of Representatives is hereby directed to transmit a copy of this resolution to each of the members of the Georgia Congressional Delegation. Approved March 17, 1956. GENERAL ASSEMBLYSPACE IN CAPITOL. No. 149 (House Resolution No. 258). A Resolution. Concerning the use of the third floor of the Capitol Building for legislative purposes; and for other purposes. Whereas, upon the completion of the Judicial Building in the Spring of 1956, the Supreme Court and the Court of Appeals will move into said building; and Whereas, the vacating of the Capitol by the Supreme Court and the Court of Appeals would make space available on the third floor for use by the General Assembly; and Whereas, such space will be available to the General Assembly: Now, therefore, be it resolved by the General Assembly of Georgia, that a committee to include the Clerk of the House and the Secretary of the Senate, and three Representatives to be appointed by the Speaker, including the Speaker, and three Senators to be appointed by the President, including the President, is hereby created to consider, plan and confer with architects, State officials and other interested persons, regarding the utilization of the third floor of the Capitol Building for legislative purposes.

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The committee members shall be entitled to receive the per diem and the travel expenses as provided by law, for service on the business of the committee for that number of days which shall be determined to be necessary by the President of the Senate and the Speaker of the House. Approved March 17, 1956. HALL COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 151 (House Resolution No. 149-428c). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia which will provide for the selection and appointment of a Superintendent of the Hall County School System by the Hall County Board of Education; provide for the fixing of qualifications of such superintendent; provide that the Hall County School Superintendent elected in the 1956 general election shall serve for the term beginning January 1, 1957, and ending December 31, 1960; provide for the submission of this proposed amendment to the qualified voters for adoption or rejection in the general election in 1956; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VIII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows: The County School Superintendent of Hall County.

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Georgia, elected in the 1956 general election shall serve for the term beginning January 1, 1957, and ending Dec. 31, 1960. Effective Jan. 1, 1961, and thereafter the Hall County Board of Education shall fix the qualifications of the Superintendent of the Hall County School System, select such superintendent, and appoint such superintendent for such term as it deems advisable by written resolution which shall be placed in the minutes of the Hall County Board of Education. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the same shall be advertised and submitted for adoption or rejection in the 1956 General Election as provided for in Article XIII, Section I, Paragraph I of the Constitution of Georgia as amended. The ballot submitting said proposed amendment shall have printed thereon the following: For ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia providing for changing the term; qualifications, and method of selection of the Hall County Superintendent of Schools. Against ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia providing for changing the term, qualifications, and method of selection of the Hall County Superintendent of Schools. All voters desiring to vote for adoption of said proposed amendment shall vote for ratification of the amendment, and all voters desiring to vote against adoption of said proposed amendment shall vote against ratification of the amendment. If said proposed amendment shall be ratified as

Page 819

provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia as amended, then it shall become a part of the Constitution of the State of Georgia. It shall be the duty of the Secretary of State of Georgia to ascertain whether said proposed amendment was ratified or rejected, and if the same be ratified, he shall certify such fact to the Governor who shall make proclamation thereof. JEKYLL ISLAND STUDY COMMITTEE. No. 152 (House Resolution No. 260). A Resolution. To create a committee to make a study of Jekyll Island; and for other purposes. Whereas, the Legislative Economy Committee has made certain recommendations relative to Jekyll Island and the Jekyll Island Authority, and Whereas, the General Assembly has determined that additional study should be made relative thereto, before the passage of any legislation affecting the Authority or Jekyll Island, and Whereas, there has been a divergence of opinion as to the best possible method of solving the problems connected with Jekyll Island. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee to be composed of five members of the House, to be appointed by the Speaker, and four members of the Senate, to be appointed by the President. Said committee shall make a thorough study on all matters concerning Jekyll Island and the Jekyll Island Authority

Page 820

so as to determine whether legislation should be enacted relative thereto, and to determine whether it would be to the best interests of the citizens of this State to make any changes in the present method of operation relative thereto, or whether some method should be used for the disposition of the island or portions thereof. Said committee is hereby authorized to use the records of the Legislative Economy Committee in its study. The members of the committee shall receive the same per diem, compensation and allowances as is authorized by law for members of interim committees, but shall only receive pay for a total of twenty days in the aggregate for performing the functions provided for herein. The committee shall make a report of its study and recommendations to the 1957 session of the General Assembly, on or before January 15, 1957, and this committee shall stand abolished as of that date. The report shall include recommended legislation, if the committee deems it advisable. Approved March 17, 1956. GOVERNOR AND MRS. MARVIN GRIFFIN COMMENDED. No. 154 (House Resolution No. 73). A Resolution. Relative to the Governor's Mansion; and for other purposes. Whereas, the members of the General Assembly and others were entertained at a tea at the Governor's Mansion on January 17, 1956, and Whereas, the members of the General Assembly had an opportunity to observe the appearance and condition of the Mansion, and none but favorable comments were heard thereon, and

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Whereas, the job of renovating the Mansion has only recently been completed, the cost of same being paid from funds which have been set aside therefor for several years, and Whereas, there was criticism directed at the expenditure of such funds in renovating the Mansion, all of such criticism being unjustified. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor and Mrs. Griffin and the other persons responsible for the beautiful job of renovating, decorating and furnishing the Mansion be commended, and that this body go on record as placing its stamp of approval upon the expenditure of funds for such purposes. Be it further resolved that a copy of this resolution be transmitted to Governor and Mrs. Marvin Griffin. Approved March 17, 1956. SURPLUS AGRICULTURAL COMMODITIES. No. 155 (House Resolution No. 36). A Resolution. Memorializing the Congress of the United States to enact the necessary legislation for the disposal of surplus agricultural commodities. Whereas, the United States Government by and through the World Bank, an international bank located in the United States for the purpose of making loans to foreign countries, has loaned billions of dollars to foreign countries, securing the funds through bond issues and further plunging the people of the United States into debt; and

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Whereas, many of these billions of dollars loaned to foreign countries are being used to develop and further expand the production of agricultural commodities with a much lower standard of labor, therefore, destroying our customers and putting the farmers of the United States out of business; and Whereas, the United States Government through the Commodity Credit Corporation has approximately 8 billion dollars worth of surplus agricultural commodities stored in the United States in warehouses, storage tanks, grain elevators, holds of ships, on which the storage charges alone are costing the taxpayers of the United States the staggering sum of $700,000.00 per day or a total of slightly more than $255,000,000.00 annually; and Whereas, the United States cotton acreage is reduced today to its lowest level since 1883 with additional cuts pending for 1956 and 1957; there is a carry over of an all time high of nearly 15 million bales; exports of cotton for the year 1955 were the lowest in a hundred years; production of foreign cotton has increased in recent years to within 1 to 2 million bales of supplying all foreign demands for cotton; foreign prices of cotton being 4 to 8 cents a pound below prices in the United States; and Whereas, a similar situation to that of the cotton problem exists in practically all basic agricultural commodities; acreage reductions of basic agricultural commodities in the United States resulting in foreign governments increasing their acreage with money loaned to them by American taxpayers; and Whereas, expansion in production by foreign governments resulting in competition with production in the United States, which foreign expansion is being paid for by the taxpayers of the United States is poor policy, both foreign and domestic. Now therefore, be it resolved by the General Assembly

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of the State of Georgia that we respectfully petition the Congress of the United States to forthwith and promptly take steps to correct this situation by enacting appropriate legislation to authorize and empower the World Bank to make loans to Foreign Governments of basic agricultural commodities now stored in the United States. Citing a specific case. Recent approval of a loan of two hundred million dollars in cash to Egypt for the purpose of constructing dams, building lakes and otherwise promoting irrigation for the purpose of expanding agricultural production and the growing of agricultural commodities, with which the United States is over supplied; surplus commodities totaling the amount of the loan should have been used instead of money. Be it further resolved that the President of the United States, together with his assistants in charge of any and all foreign aid programs and the members of the Georgia Congressional delegation be furnished with copies of this resolution.

Page 824

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 J. GRIFFIN PATRICK, JR. Law Assistant ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter MISS KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk A. BROADDUS ESTES 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 825

SUPERIOR COURT CALENDAR FOR 1956 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, DURWOOD T. PYE, JOHN L. TYE, JR., Judges, Atlanta. PAUL WEBB, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

Page 826

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 827

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. JOHN H. LAND, Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisThird and fourth Mondays in January and July. MarionFourth Mondays in April 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 828

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. O.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 829

DUBLIN CIRCUIT. HON. RUFUS I. STEPHENS, Judge, Dublin. W. W. LARSEN, JR., Solicitor-General, Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, 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.

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LOOKOUT MOUNTAIN CIRCUIT. HON. JOHN W. DAVIS, Judge, Summerville. EARL B. (BILL) SELF, Solicitor-General, Summerville. CatoosaFirst Mondays in February and August, and second Mondays in May and November. DadeThird Mondays in March, June and September, and second Monday in December. 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.

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MOUNTAIN CIRCUIT. HON. JOHN E. FRANKUM, Judge, Clarkesville. WINSTON OWEN, Solicitor-General, Toccoa. HabershamFirst Mondays in March and June; second Monday in August; and third Monday in November. RabunFourth Mondays in February and August; second Monday in June; and first Monday in December. StephensSecond Mondays in January, April, July, October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. Non-Jury: First Mondays in January and July. NORTHEASTERN CIRCUIT. HON. 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 September. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. CLARK EDWARDS, JR., Judge, Elberton. CAREY SKELTON, Solicitor-General, Hartwell. ElbertFirst Monday in March; second Monday in September. FranklinThird Mondays in January and October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and May; fourth Monday in August; second Monday in December. OglethorpeThird Monday in March; fourth Monday in September.

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OCMULGEE CIRCUIT HON. GEORGE S. CARPENTER, Judge, Milledgeville. GEORGE D. LAWRENCE, Solicitor-General, Eatonton. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth 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. JOHN WHALEY, Judge, McRae. WADE JOHNSON, Solicitor-General, Mount Vernon. BleckleyFirst Monday in March and second Mondays in July and November. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Mondays in June and December. TelfairFourth Mondays in February and June, and third and fourth Mondays in October. TreutlenThird Mondays in February and August. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT. HON. J. L. RENFROE, Judge, Statesboro. WALTON USHER, Solicitor-General, Guyton. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.

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PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and November. EarlyThird Mondays in January and July. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleSecond Mondays in January and July. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. 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.

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SOUTHWESTERN CIRCUIT. HON. CLEVELAND REES, Judge, Preston. CHARLES BURGAMY, Solicitor-General, Americus. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourth Mondays in May and November. WebsterFourth Mondays in January and July. 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.

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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. McDuffieSecond Mondays in March and September; first Mondays in June 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. CECIL RODDENBERRY, Judge, Nahunta. ANDREW J. TUTEN, Solicitor-General, Alma. 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.

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WESTERN CIRCUIT. HON. CARLISLE COBB, Judge, Athens. D. MARSHALL POLLOCK, Solicitor-General, Monroe. ClarkeSecond Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November. Approved March 17, 1956.

Page 837

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Albany; promotion of industries 128 Albany-Dougherty County sewerage system 424 Albany-Dougherty County sewerage system 467 Atlanta; indebtedness 360 Atlanta; revenue anticipation certificates 257 Atlanta Judicial Circuit; term of judges 636 Augusta-Richmond County board of tax assessors 453 Brooks County; board of education 447 Brunswick-Glynn County port facilities 421 Brunswick-Glynn County port facilities 476 Brunswick-Glynn County sewerage system 442 Brunswick-Glynn County sewerage system 471 Chatham County; extension of industrial areas 352 Cherokee County; school superintendent 117 Cherokee County; school system 133 Cobb County; paving 363 Crisp County; school system 111 Dougherty County; building permits 119 Dougherty County; paving 139 Dougherty County; promotion of industries 146 Dudley; promotion of industries 410 Floyd County; street lights 474 Glynn County; homestead exemption 253 Gwinnett County; board of education 810 Hall County; fire protection 461 Hall County; road and street improvements 451 Hall County; school system 817 Heard County; board of education 142 Louisville; promotion of industries 445 Macon County; board of education 263 Method of amendment of Constitution 637 Mosquito control in Chatham County 267 Muscogee County; licenses and occupational taxes 407 Pierce County; board of education 392 Polk County; school superintendent 123 Review by Supreme Court and Court of Appeals of judgments of juvenile courts 652 Salaries of State officials 669 Stewart County; board of education 463 Stewart County; schools 440 Thomas County; board of education 447 Traffic courts in counties of more than 300,000 415 Vidalia Development Authority 426 Walton County; school system 433

Page 838

CODE SECTIONS. 5-105AmendingSalary of Commissioner of Agriculture 376 16-440AddedPayment by savings and loan association of value of share to incompetent 628 23-407AmendingSurvey of disputed county lines 192 23-170523-1709AmendingPerformance bonds, contractors with counties 340 23-1804AmendingUse of prisoners in intercounty improvements 161 24-2501AmendingClayton Judicial Circuit created 95 24-2714AmendingDuties of superior court clerks 785 24-2715AmendingDuties of superior court clerks 677 25-105AmendingBorrowing by credit unions 742 25-113AmendingFidelity bond of credit unions 742 25-117AmendingEntrance fees, transfer fees, etc., credit unions 742 25-122AmendingReports, examinations, license of credit unions 742 26-2214RepealingKindling fire on land of another 737 26-2215RepealingKindling fire with intent to injure 737 26-3601, 26-3602AmendingMisdemeanors and felonies (setting of fires, etc.) 737 26-3603RepealingWilful and malacious firing of woods, lands or marshes 737 26-6301AmendingObscene pictures, books, etc. 801 26-6304RepealingObscene matter 741 26-7704RepealingWilfully, or negligently setting fires 737 27-210, 27-212AmendingCommitment after arrests 796 27-2506AmendingPunishment for misdemeanors 161 27-2510AmendingConcurrent or successive sentences 161 27-2513AmendingElectrocutions 161 27-2515AmendingElectrocutions 161 27-270227-2707RepealingStatewide Probation Act 27 30-101AmendedDecree in divorce; when final 405 30-123AmendingRelief from disabilities, divorce 572 32-912AmendingSuspension of county school superintendents 747 32-1008AmendingRemoval of county school superintendents 629 32-2901AmendingTeachers in privately operated non-sectarian schools 13 34-2601AmendingElection of sheriff in certain counties 529 34-330134-3303, 34-3307AmendingVoting by mail 682 35-236, 35-237AmendingRestoration to sanity 585 38-1501AmendingWitnesses, attendance and fees 248 39-1201AmendingPlace, time and manner of sales under execution 701 40-1101AmendingPayments by State Treasurer on warrant of Deputy Comptroller General 802 40-1505AmendingDeputy Comptroller General 802 Ch. 42-1, 42-3, 42-99AmendingGeorgia Food Act 195 42-201AmendingConcentrated commercial feeding stuffs 293 42-205AmendingInspection fees, feeding stuffs 293

Page 839

42-206AmendingRegistration of feeding stuffs 293 42-207AmendingContents of commercial feeding stuffs 293 Ch. 42-4RepealingMeat, poultry and dairy processing plants 748 50-107AmendingHabeas corpus, return day 374 52-216AmendingParticipation by policyholders in profits of insurance companies 278 53-201AmendingMarriage licenses 43 Ch.54-6AmendingEmployment Security Act amended 481 59-601AmendingCharge to grand jury 737 59-720AddingExamination of jurors 64 62-1011AmendingCompensation of veterinarian examining cause of infectious diseases 332 67-1701AmendingLiens 562 67-1906RepealingUnclaimed laundry 718 67-2001, 67-2002AmendingMechanics' and materialmen's liens 562 67-2001, 67-2002AmendingLaborers' and materialmen's liens 185 68-405AmendingSize and load limitations of motor vehicles 83 69-308AmendingDamage actions against municipal corporations, prerequisite demand 183 74-9902AmendingAbandonment (illegitimate children covered) 800 Ch.84-4AmendingBarber and beautician examiners 316 84-603, 84-604, 84-608, 84-609, 84-611AmendingPractice of chiropody 242 84-702AmendingUnauthorized practice of dentistry 25 84-710AmendingLicensing of dentists of other States 372 84-915AmendingRenewal fee of license to practice medicine 691 84-1007AmendingRegistration fee of graduate nurses 193 84-1010AmendingLicense renewal fee, registered nurses 691 84-1010AmendingValidation of certificates of registered nurses 193 84-1012AmendingExamination and license of undergraduate nurses 193 84-1012AmendingLicense renewal fee, undergraduate nurses 691 84-1015AmendingCertification of non-resident nurses 193 84-1101AmendingOptometry defined 94 84-1207AmendingLicense renewal fee, osteopaths 691 84-1317AmendingSale of drugs in vending machines 724 84-1401AmendingReal estate brokers, licenses 404 84-1422RepealingNonresident real estate brokers 402 84-1505AmendingLicense renewal fee, veterinarians 691 84-9925AmendingBilliard room licenses 610 85-1604AmendingAppointment of land processioners 326 92-3120AmendingDistributees on liquidation of corporation 608 92-4101AmendingTaxation (City of Albany) 89 95-804AmendingRoad work by prisoners 161 101-205AmendingDistribution by State Librarian of law books 729

Page 840

101-207AmendingDistribution of laws and journals of General Assembly 804 114-706AmendingWorkmen's compensation, hearings regarding disagreements 725 COURTS. SUPREME COURT. Review of juvenile court judgments; proposed amendment to the Constitution 652 COURT OF APPEALS. Review of juvenile court judgments; proposed amendment to the Constitution 652 SUPERIOR COURTS. Atlanta Circuit; additional judges 274 Atlanta Circuit; solicitor-general and assistants 91 Atlanta Circuit; terms of judges; prposed amendment to the Constitution 636 Camden; assistant solicitor 2410 Chattahoochee Circuit; additional judge 299 Clayton Circuit created 95 Eastern Circuit; additional judge 101 Elbert; terms 570 Forsyth; law books to; a resolution 3421 Franklin; terms 570 Fulton; compensation of judges 541 Hart; terms 570 Johnson; terms 378 Lumpkin; terms 528 McDuffie; terms 60 Madison; terms 570 Marion; terms 38 Piedmont Circuit; reporter's salary 305 Randolph; law books to; a resolution 3046 Rockdale; law books to; a resolution 3487 Rome Circuit; solicitor general and assistant 385 Southern Circuit; judge's compensation 537 Stephens; grand juries 538 Stone Mountain Circuit; judges 496 Webster; terms 40 CITY COURTS. Bainbridge; procedure rules 3495 Baxley; comprehensive Act 3319 Buford; clerk's salary 3485 Chattooga; juries 2396 Decatur; abolished 2932

Page 841

Decatur; judge's salary 3076 Decatur; practice and procedure 2655 Dublin; amendments 3028 Dublin; compensation of judge and of solicitor 2870 Jefferson; compensation of judge and of solicitor 2887 Lexington; judge's compensation 3365 Newnan; judge's compensation 2489 Sandersville; judge, solicitor 3463 Waynesboro; clerk's fees 2290 City court abolished in counties of 22,700 to 23,400 2587 CIVIL COURTS. DeKalb; amendments 2766 DeKalb; amendments 3137 Fulton; amendments 3271 CRIMINAL COURTS. Fulton; judges' salary 3040 JUVENILE COURTS. Act of 1951 amended (counties of 150,000 or more but less than 300,000) 69 Judgments, review by appellate courts; proposed amendment to the Constitution 652 Jurisdiction as to adopted children 603 Practice of law by judges 799 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Atkinson; commissioners 2252 Baldwin; commissioners 2725 Baldwin; zoning and planning 2082 Banks; sheriff's compensation 2056 Barrow; commissioners, election and compensation of chairman 2062 Brooks; board of education; proposed amendment to the Constitution 417 Calhoun; law books to superior court 2778 Carroll; compensation of commissioner and clerk 2872 Carroll; tax commissioner 3504 Catoosa; board of utilities commissioners 3499 Charlton; compensation of commissioners 2786 Chatham; civil service system 2456 Chatham; extension of industrial areas; proposed amendment to the Constitution 352 Chattooga; commissioner 2899 Chattooga; purchases 2929 Cherokee; fee system 3265 Cherokee; salaries (Act of 1953 repealed) 3124 Cherokee; school superintendent; proposed amendment to the Constitution 117

Page 842

Cherokee; school system; proposed amendment to the Constitution 133 Clarke; fire, sanitation and sewerage districts 3089 Clarke; law books to ordinary; a resolution 2779 Clay; court of ordinary 3001 Clayton; commissioners 3072 Clayton; law books to superior court 2780 Cobb; paving; proposed amendment to the Constitution 363 Cobb; zoning and planning 2006 Colquitt; compensation of officials 2399 Colquitt; tax commissioner 2403 Colquitt; water districts 3307 Colquitt; waterworks, sewerage, sanitation, and fire protection 2477 Crisp; school system: proposed amendment to the Constitution 111 DeKalb; board of education, election 2707 DeKalb; commissioners 3237 DeKalb; merit system 3111 DeKalb; planning commission 3332 DeKalb; salaries of elective county officials 2915 Dougherty; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 424 Dougherty; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Dougherty; building permits; proposed amendment to the Constitution 119 Dougherty; fire protection 2598 Dougherty; paving; proposed amendment to the Constitution 139 Dougherty; promotion of industries; proposed amendment to the Constitution 146 Dougherty; tax commissioner's assistants 2494 Douglas; law books to; a resolution 3420 Douglas; zoning 2581 Fayette; tax commissioner 2022 Floyd; compensation of members of board of education 3469 Floyd; fee system abolished 2754 Floyd; street lights; proposed amendment to the Constitution 474 Floyd; utility systems 3093 Franklin; commissioner 2603 Franklin; law books to superior court; a resolution 2377 Fulton; judges' and solicitor-general's retirement system 2991 Fulton; judges' and solicitor-general's retirement system 3069 Fulton; pension system amended 3098 Fulton; salaries of deputies 2677 Fulton; sheriff's salary 2813 Glascock; sheriff's expenses 3507 Glascock; tax commissioner 2058 Glynn; Brunswick and Glynn County sewerage system; proposed amendment to the Constitution 442 Glynn; Brunswick Glynn County sewerage system; proposed amendment to the Constitution 471 Glynn; commissioners 2710

Page 843

Glynn; homestead exemption; proposed amendment to the Constitution 253 Glynn; port facilities; proposed amendment to the Constitution 476 Glynn; port facilities; proposed amendment to the Constitution 421 Gwinnett; board of education; proposed amendment to the Constitution 810 Gwinnett; commissioners 2500 Gwinnett; compensation of sheriff, clerks of court, ordinary, etc.; fees, costs; audits 2535 Gwinnett; tax commissioner and treasurer 2502 Habersham; commissioners 2077 Hall; advisory referendums 3032 Hall; fire protection; proposed amendment to the Constitution 461 Hall; road and street improvements; proposed amendment to the Constitution 451 Hall; school system; proposed amendment to the Constitution 817 Hancock; tax commissioner 2037 Harris; law books to ordinary 2580 Hart; board of finance 2356 Heard; board of education; proposed amendment to the Constitution 142 Heard; commissioners 2346 Irwin; commissioners 2586 Jenkins; tax commissioner's salary 2588 Laurens; ordinary's compensation 2765 Long; ordinary's compensation 2881 Lowndes; voting machines 3444 Lumpkin; tax commissioner's compensation 2741 Lumpkin; zoning 3497 Macon; board of education; proposed amendment to the Constitution 263 Macon; election of commissioners 3286 Macon; ordinary's compensation 3488 Meriwether; commissioner's compensation 2890 Miller; voting machines 2799 Montgomery; tax commissioner's compensation 2548 Muscogee; fire protection districts 2760 Muscogee; licenses and occupational taxes; proposed amendment to the Constitution 407 Newton; treasurer 2345 Pierce; board of education; proposed amendment to the Constitution 392 Pierce; conveyance of land to; a resolution 158 Polk; school superintendent; proposed amendment to the Constitution 123 Pulaski; commissioner's salary 2845 Rabun; tax commissioner's clerk 2138 Randolph; law books to ordinary; a resolution 2909 Richmond; Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution 453 Richmond; board of education 2891

Page 844

Richmond; land conveyance to; a resolution 813 Richmond; tax commissioner 2362 Rockdale; tax commissioner's compensation 2035 Spalding; agricultural agent and home demonstration agent 2895 Spalding; compensation of commissioners 2440 Stewart; board of education; proposed amendment to the Constitution 463 Stewart; law books to superior court and to ordinary; a resolution 3054 Stewart; schools; proposed amendment to the Constitution 440 Sumter; Americus-Sumter County planning commission 2658 Sumter; zoning 2682 Thomas; board of education; proposed amendment to the Constitution 447 Thomas; fee system abolished 3159 Thomas; tax commissioner 3510 Troup; compensation of commissioners 2788 Troup; pension system amended 2423 Union; tax commissioner's office and hours 2452 Walton; school system; proposed amendment to the Constitution Wheeler; sheriff's compensation 2844 Wheeler; treasurer's bond 2897 COUNTIES AND COUNTY MATTERSBY POPULATION. Assistant solicitor-general in counties of 75,000 to 112,500 2615 Assistant solicitor-general in counties of 120,000 to 150,000 2612 Board of education, compensation of members in counties of 4,815 to 4,950 3484 Board of education, compensation, expenses, attorney in counties of 5,970 to 6,008 3460 Board of education, compensation of members in counties of 24,200 to 24,300 3504 Board of education, revenues in counties of not less than 300,000 2764 Budgets in counties of 200,000 or more 3260 Compensation of county commissioners in counties of 200,000 3380 Compensation of joint city-county tax assessors (Act of 1952 amended) 2567 Consolidation of schools in counties of 8,500 to 8,600 2595 County probation officers in counties of 150,000 or more but less than 300,000 65 County school taxes in counties of not less than 300,000 2565 Director of public safety in counties of 300,000 or more 3366 Election hours in counties of 118,026 to 118,100 2081 Election of sheriff in counties of 300,000 or more; Code 34-2601 amended 529 Joint city-county board of tax assessors in counties having city of more than 300,000 3466 Limited access highways in counties of 300,000 or more 3292 Local registrars in counties of 300,000 or more; vital statistics law amended 303

Page 845

Microfilming of ordinary's records in counties of 100,000 to 114,000 3378 Pension system in counties of 300,000 or more amended 2990 Per diem of board of education members in counties of 3585 to 3700 3267 Qualified electricians in counties of 85,000 to 90,000 3288 Road system in counties of 300,000 or more 3492 Superior court clerk's salary in counties of 300,000 or more 2812 Tax assessments in counties having city of 300,000 or more 3361 Tax commissioners in counties of 5,900 to 5,951 3490 Tax receiver's commissioners in certain counties (Act of 1955, p. 2639 amended) 2373 Tax sales in counties of 12,100 to 12,200 2593 Traffic courts in counties of more than 300,000; proposed amendment to the Constitution 415 Treasurer's assistant in counties of 100,000 to 110,000 2256 Warm Air Heating Equipment Act applicable in counties of 6,008 to 6,079 676 Warm Air Heating Equipment Act applicable in counties of 6,975 to 7,000 504 Warm Air Heating Equipment Act applicable in counties of 15,784 to 16,500 3291 Warm Air Heating Equipment Act applicable to counties of 27,786 to 29,000 328 Warm Air Heating Equipment Act applicable to counties of 30,289 to 30,975 325 Warm Air Heating Equipment Act applicable in counties of 34,500 to 36,500 406 Warm Air Heating Act of 1949 applicable in counties of 40,113 to 43,000 298 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; mayor and aldermen 3119 Adrian; corporate limits 2781 Ailey; charter amended 2692 Albany; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 424 Albany; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Albany; city employees 2824 Albany; promotion of industries; proposed amendment to the Constitution 128 Albany; qualified voters 2258 Albany; retirement system amended 2762 Albany; taxation, Code 92-4101 amended 89 Allentown; charter repealed 2943 Allentown; charter 3385 Americus; advertising 3461 Americus; Americus-Sumter County planning commission 2658 Americus; charter amended 2292

Page 846

Athens; firemen's pension system amended 2715 Athens; land conveyance authorized 2416 Athens; street closing authorized 2695 Athens; water and sewer mains 2485 Atlanta; board of education budget 3436 Atlanta; charter amended 2533 Atlanta, charter amended 2815 Atlanta; election managers; corporate limits 3433 Atlanta; indebtedness; proposed amendment to the Constitution 360 Atlanta; municipal court, waterworks 3368 Atlanta; parks 3490 Atlanta; recreation facilities 3035 Atlanta; revenue anticipation certificates; proposed amendment to the Constitution 257 Atlanta; salaries of mayor and aldermen 2743 Auburn; officers and employees 3122 Augusta; Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution 453 Augusta; land conveyance to Sears Roebuck Co. authorized 2406 Avondale Estates; charter amended 2703 Baxley; corporate limits extended 2609 Berkeley Lake; charter 2805 Bremen; school tax 3063 Brunswick; Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 471 Brunswick; Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 442 Brunswick; charter amended 2336 Brunswick; port facilities; proposed amendment to the Constitution 421 Brunswick; port facilities; proposed amendment to the Constitution 476 Byron; corporate limits 2026 Cairo; corporate limits extended 2384 Calhoun; reconveyance of land to; a resolution 664 Camilla; street closing authorized 2250 Camilla; treasurer 2546 Cedartown; parking facilities 2065 Cedartown; street and sidewalk improvements 2319 Chatsworth; corporate limits 3476 Clarkesville; charter 2298 Clayton; lease of golf course property 2084 Colbert; charter amended 2133 College Park; charter amended 2922 College Park; corporate limits extended 2744 College Park; wards 3083 Columbus; conveyance of part of Bay Avenue authorized 2261 Columbus; corporate limits extended 2386 Columbus; water commissioners 2525 Conyers; charter amended 2752 Conyers; corporate limits 2907

Page 847

Conyers; recorder's court 2430 Cordele; commissioners, city manager 2349 Covington; corporate limits 2507 Covington Mills; charter revoked 2433 Dallas; charter 2947 Dalton; charter amended 2093 Dalton; corporate limits extended 2354 Dalton; school system 2086 Dawson; charter amended 2454 Dawson; charter amended 2515 Douglas; charter amended 2495 Douglas; corporate limits extended 2444 Douglas; corporate limits extended 2490 Dublin; elections 3267 Dublin; school tax 2771 Dudley; promotion of industries; proposed amendment to the Constitution 410 East Dublin; recorder's court 3357 East Dublin; tax returns 2802 Eatonton; charter amended 2359 Fitzgerald; civil service, insurance 3007 Forest Park; charter amended 2040 Franklin Springs; corporate limits 3117 Fullerville; charter surrendered 2334 Gainesville; charter amended 2847 Gainesville; street improvements 2539 Georgetown; corporate limits 2020 Griffin; closing of part of North First Street 2498 Griffin; corporate limits extended 2412 Griffin; corporate limits extended 2550 Hapeville; charter amended 2791 Helen; corporate limits 2999 Hiawassee; charter 3516 Hiram; charter 2620 Hogansville; corporate limits 2827 Hogansville; corporate limits 3078 Ideal; corporate limits 2600 Jesup; charter amended 3302 Kingsland; alley closings authorized 3470 Kite; charter amended 3157 Lake City; mayor and councilmen 3382 Lawrenceville; corporate limits extended 2875 Linwood; charter amended 2995 Louisville; promotion of industries; proposed amendment to the Constitution 445 Lula; charter 3166 Macon; anti-tubercular sanatarium 2883 Macon; charter amended 2772 Macon; closing of part of First Street authorized 2818 Macon; corporate limits 3125 Macon; eminent domain 2936

Page 848

Macon; hospital commission 2783 Macon; mayor and council 2736 Macon; pension system amended 3146 Macon; pensions in police and fire departments 2285 Macon; police and fire departments 2143 Macon; street closing authorized 2729 Macon; street closing ratified 2331 McRae; compensation of mayor and aldermen 2283 Manchester; corporate limits 2446 Manchester; taxation 2441 Milledgeville; corporate limits extended 2865 Milledgeville; corporate limits extended 3003 Milledgeville; zoning 2697 Monroe; corporate limits extended 2418 Moultrie; corporate limits extended 2830 Moultrie; utility systems 3473 Mt. Vernon; corporate limits 2687 Mountain View; charter 2518 North West Point; charter 3423 Perry; election of mayor and councilmen 2617 Pine Lake; elections 3482 Pineview; ad valorem tax 2568 Pooler; charter amended 2479 Pooler; corporate limits 2530 Richland; eminent domain 2863 Rincon; election hours 2591 Ringgold; qualified voters 3458 Riverdale; charter 2205 Roberta; corporate limits extended 2374 Rome; corporate limits extended 3104 Rome; retirement system amended 2940 Royston; charter amended 2556 St. Marys; charter amended 2426 St. Marys; street closings authorized 2435 Sandersville; corporate limits extended 3067 Savannah; civil service system amended 2068 Savannah; election and terms of mayor, aldermen and recorder 2028 2032 Savannah; recorder 2030 Savannah; sale of land to Taliaferro Baptist Church 2821 Smyrna; charter amended 2003 Smyrna; corporate limits extended 2265 Statesboro; utility systems 2733 Stone Mountain; city clerk and police 2690 Thunderbolt; zoning 3091 Tignall; charter 2147 Valdosta; corporate limits 3295 Vidalia; Vidalia Development Authority; proposed amendment to the Constitution 426 Villa Rica; corporate limits extended 2278 Warner Robins; charter amended 2510

Page 849

Warner Robins; charter amended 2699 Waynesboro; ad valorem tax 2280 West Point; licenses 2140 Whitesburg; police court 2877 Winder; corporate limits extended 3100 Winder; real property evluation 3037 Winder; recorder 2985 MUNICIPAL CORPORATIONSBY POPULATION. Fire department pensions in cities of more than 150,000 3097 Joint city-county board of tax assessors in counties having city of more than 300,000 3466 Pension system in cities of more than 150,000 2589 Pension system in cities of more than 150,000 3376 Police department pensions in cities of more than 150,000 3379 Tax assessments in counties having city of 300,000 or more 3361 Zoning and planning in cities of 300,000 or more 3356,3422 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to W. W. Armistead 2579 Compensation to B. B. Beverage Company 3042 Compensation to A. C. Bennett and Mamie Bennett 2574 Compensation to Ernest and Dorothy Brooks 2572 Compensation to T. W. Christian 3058 Compensation to Ralph Cleveland 3236 Compensation to Mr. Carlton Coleman and Mrs. Evelyn Law Thomas 2570 Compensation to Dr. Hess and Clark, Inc. 2722 Compensation to Horace Evans, Sr. 2379 Compensation to Lincoln Fortune 2382 Compensation to Fountain's Dry Cleaners and Laundry, Inc. 3053 Compensation to Early T. Grant and John A. Willding 3048 Compensation to Walker Harris 2914 Compensation to Mrs. Henry C. Hill 3050 Compensation to Emil Kalock 3060 Compensation to Jackson Electric Membership Cooperative 2577 Compensation to Mrs. W. A. Johnson 3051 Compensation to T. Q. Jones and Mrs. Vallie Jones 2720 Compensation to Leon Lewis 2911 Compensation to Mrs. Lillian Lord 2578 Compensation to Hal S. Martin 2571 Compensation to Mrs. Ann H. Meyer 3047 Compensation to Dr. John Mooney 3044 Compensation to W. S. Mooneyham 3056 Compensation to Preston Morris 3043 Compensation to C. B. Price 3062 Compensation to Quante Plumbing and Heating Company 3057 Compensation to Nolin Burl Randolph 3049 Compensation to Hal Saunders, Jr. 3045 Compensation to W. E. Sheppard 2724

Page 850

Compensation to Felton Smallwood 2573 Compensation to George B. Stoffragen 2576 Compensation to Charlie B. Swint 3061 Compensation to Theolia F. Todd 2912 Compensation to George H. Verner, Arthur E. Verner and Miss Anne Verner 2575 Compensation to Daniel H. Walker 2913 Compensation to J. D. Walker 2910 MISCELLANEOUS RESOLUTIONS. Accrediting of high schools 128 Aid to farmers; memorial to Congress 131 All-South Centennial Committee 634 Armour Company commended 2380 Attorney-General of U. S. censured 126 Automotive Training School at Atlanta General Depot 399 Hon. W. A. Blasingame member of State Highway Board 3 J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties 2723 Chapel in State Capitol 122 Cloudland Canyon State Park, land exchanges 396 Colonel Benjamin Hawkins Bridge designated 478 Committee rooms and offices for General Assembly 671 Committee to confer with other States as to common problems 110 Committee to negotiate with Alabama committee as to boundaries 125 Compensation resolutions pending in General Assembly 466 Conveyance of islands in Savannah and Tugaloo Rivers to U. S. 414 Conveyance of land in Camden County to Federal Government 270 Conveyance of land in Camden County to King's Bay Ammunition Loading Terminal 412 Conveyance of land in Pulaski County to Town Creek Country Club 457 Conveyance of land to Pierce County 158 Committee to study income tax laws 658 Disposition of plates, appellate court reports 633 Dr. Lester Neville Bridge designated 359 Hon. John H. Druffel commended 2381 Exchange of lands in Pulaski County 459 Federal Aid for Education Bill 397 Federal Aid for Education Bill 815 Honorable John J. Flynt, Jr., commended 3486 General Ezekiel Wimberly Bridge designated 640 Governor and Mrs. Marvin Griffin commended for renovation of Mansion 820 Grant of easement to Okefenokee Rural Electric Membership Corporation 256 Harrell Highway designated 470 Hospital Care Study Commission created 660 Institute of Law and Government commended 350 Interposition resolution 642

Page 851

Jekyll Island study committee 819 Joint Economy Committee report, implementation of 255 Judge I. Homer Sutton Bridge designated 262 Land conveyance to Richmond County 813 Law books to Calhoun Superior Court 2778 Law books to Ordinary of Clarke County 2779 Law books to Clayton Superior Court 2780 Law books to Douglas County 3420 Law books to Forsyth Superior Court 3421 Law books to Franklin Superior Court 2377 Law books to Ordinary of Harris County 2580 Law books to City Court of Hinesville 3418 Law books to Randolph Superior Court 3046 Law books to Ordinary of Randolph County 2909 Law books to Rockdale Superior Court 3487 Law books to Superior Court and to Ordinary of Stewart County 3054 Hon. Roger H. Lawson a member of State Highway Board 4 Lease of property in Chatham County for Georgia Air National Guard armory 260 Microfilming State records, study of expense 668 National Guard armory in City of Calhoun 665 National Junior Chamber of Commerce commended 2378 Port facilities in Decatur County 457 Port facilities in Glynn County 481 Port facilities in Richmond County 145 Preservation of battle flags of Confederacy 351 Reconveyance of land to City of Calhoun 664 Sale of land in Forsyth and Dawson Counties to Robert Latham 268 Sale of old Georgia National Guard armory site in Milledgeville 266 Southern Forest Fire Prevention Conference endorsed 2719 Space for General Assembly in Capitol 816 Spoilage easement to Barnwell Island 654 Study of advisability of State printing office 650 Study of Legislative Economy Committee's recommendations as to prison industries program 651 Surplus agricultural commodities 821 Suspension of certain license and examination fees (loan companies) 648 Tobacco allotments, leasing 141 Hon. Carl Vinson commended 2718

Page 852

INDEX A ABANDONMENT Illegitimate children covered; Code 74-9902 amended 800 Trial on accusation 337 ABSENTEE VOTING. See Elections . ACTIONS Actions in which State party 625 ACWORTH Mayor and aldermen 3119 ADOPTION Petition for; adoption declared null and void, when 695 ADRIAN Corporate limits 2781 AGRICULTURE Aid to farmers; memorial to Congress; a resolution 131 Certified Public Weighers Act amended 334 , 631 Commercial feed and feeding stuffs; Act of 1945 amended 346 Egg weight and size classifications; license of candlers and graders 21 Farmers' markets, closing and disposition 503 Farmers' markets, cull produce 215 Farmers' markets; leases 45 Georgia Seed Law 217 Livestock and Poultry Disease Control Board 247 Livestock auction sales 501 Meat, poultry and dairy processing plants 748 Milk dealers, inspection 604 Pen-raised quail for commercial purposes 48 Sale of meat, meat products, fish and poultry by weight 75 Seed, plant and variety certification 16 Surplus agricultural commodities; a resolution 821 Tobacco allotments; leasing 141 AGRICULTURAL PRODUCTS Dealers, license and control 617

Page 853

AILEY Corporate limits; election of mayor and council 2692 ALBANY Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Albany and Dougherty County sewerage system; proposed amendment to the Constitution 424 City employees 2824 Promotion of industries; proposed amendment to the Constitution 128 Qualified voters 2258 Retirement system amended 2762 Taxation; Code 92-4101 amended 89 ALLENTOWN Charter 3385 Charter repealed 2943 ALL-SOUTH CENTENNIAL COMMITTEE Creating resolution 634 AMBULANCE SERVICE Contracts to furnish in future to be construed as health and accident insurance contracts 297 AMERICAN EXPERIENCE MORTALITY TABLES Evidence as to life expectancy 68 AMERICUS Advertising 3461 Americus-Sumter County planning commission 2658 Charter amended 2292 ARMISTEAD, W. W. Compensation to W. W. Armistead for injuries 2579 ARMOUR COMPANY Commending resolution 2380 ARREST BOND CERTIFICATES Guaranteed arrest bond certificates 338

Page 854

ARRESTS Commitment after arrest, with and without warrant; Code 27-210, 27-212 amended 796 APPROPRIATIONS General Appropriations Act 753 ATHENS Firemen's pension system amended 2715 Land conveyance authorized 2416 Street closing authorized 2695 Water and sewer mains 2485 ATKINSON COUNTY Commissioners 2252 ATLANTA Board of education budget 3436 Charter amended (policemen, temporary employment of pensioners, mayor's assistant, standing committees, corporate limits, water mains) 2533 Charter amended 2815 Election managers; corporate limits 3433 Indebtedness; proposed amendment to the Constitution 360 Municipal court, waterworks 3368 Parks 3490 Recreation facilities 3035 Revenue anticipation certificates; proposed amendment to the Constitution 257 Salaries of mayor and aldermen 2743 ATLANTA GENERAL DEPOT Automotive Training School; a resolution 399 ATLANTA JUDICIAL CIRCUIT Additional judges 274 Solicitor-General and assistants 91 Term of judges; proposed amendment to the Constitution 636 ATTORNEY-GENERAL OF U. S. Censured; a resolution 126 AUBURN Officers and employees 3122

Page 855

AUCTIONS Livestock auction sales 501 AUGUSTA Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution 453 Land conveyance to Sears Roebuck Company authorized 2406 AUTOMOBILE BRAKE FLUID Sales regulation 237 AUTOMOBILES. See Drivers' Licenses; Motor Vehicles . License tags for disabled veterans 336 Motor Vehicle Safety Responsibility Act amended 543 AUTOMOTIVE TRAINING SCHOOL School at Atlanta General Depot; a resolution 399 AVONDALE ESTATES Charter amended 2703 B B. B. BEVERAGE COMPANY Compensation for injuries; a resolution 3042 BAINBRIDGE, CITY COURT OF Procedure rules 3495 BALDWIN COUNTY Commissioners 2725 Zoning and planning 2082 BANKS AND BANKING Voting stock in banks and bank holding companies 309 BANKS COUNTY Sheriff's compensation 2056 BAPTIST CHURCH AT BUCK HEAD (BURKE COUNTY) Charter amended 2487

Page 856

BARBERS Barber and beautician examiners; Code Ch. 84-4 amended 316 BARFIELD, J. C. J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties; a resolution 2723 BARNWELL ISLAND Spoilage easement to U. S.; a resolution 654 BARROW COUNTY Commissioners, election and compensation of chairman 2062 BASTARDY Trial on accusation 337 BAXLEY Corporate limits extended 2609 BAXLEY, CITY COURT OF Comprehensive Act 3319 BEAUTICIANS Barber and beautician examiners; Code Ch. 84-4 amended 316 BENNETT, A. C. AND MAMIE Compensation for injuries; a resolution 2574 BERKELEY LAKE Charter 2805 BEVERAGES License and control of manufacture and sale of bottled soft drinks 611 BILLIARD ROOMS Licenses; Code 84-9925 amended 610 BIRTH CERTIFICATES Petition to secure 791

Page 857

BLASINGAME, HON. W. A. Member of State Highway Board; a resolution 3 BLIND PERSONS Vending stands 52 BOARD OF SOCIAL SECURITY Director's salary 579 BOARDS OF EDUCATION See Names of Counties and Cities. Compensation, expenses, attorney in counties of 5,970 to 6,008 3460 Compensation of members in counties of 4,815 to 4,950 3484 Compensation of members in counties of 24,200 to 24,300 3504 Per diem of members in counties of 3585 to 3700 3267 BONDS Counties, performance bonds; Code 23-170523-1709 amended 340 Guaranteed arrest bond certificates 338 BOTTLED SOFT DRINKS License and control of manufacture and sales 611 BOUNDARIES Committee to negotiate with Alabama committee; a resolution 125 Survey of disputed county lines; Code 23-407 amended 192 BRAKE FLUID Sales regulation 237 BREMEN School tax 3063 BRIDGES Colonel Benjamin Hawkins Bridge designated; a resolution 478 Dr. Lester Neville Bridge designated; a resolution 359 General Ezekiel Wimberly Bridge designated; a resolution 640 Judge I. Homer Sutton Bridge designated; a resolution 262 BROOKS, ERNEST AND DOROTHY Compensation for injuries; a resolution 2572

Page 858

BROKERS See Real Estate Brokers. BROOKS COUNTY Board of education; proposed amendment to the Constitution 417 BRUCE, J. T. J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties; a resolution 2723 BRUNSWICK Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 471 Brunswick and Glynn County sewerage system; proposed amendment to the Constitution 442 Charter amended 2336 Port facilities; proposed amendment to the Constitution 421 Port facilities; proposed amendment to the Constitution 476 BUFORD, CITY COURT OF Clerk's salary 3485 BUILDING AND LOAN ACT Payment of value of shares to incompetent; Code 16-440 amended 628 BYRON Corporate limits 2026 C CAIRO Corporate limits extended 2384 CALHOUN Reconveyance of land to; a resolution 664 CALHOUN COUNTY Law books to Superior Court of Calhoun County; a resolution 2778 CAMDEN SUPERIOR COURT Assistant solicitor 2410

Page 859

CAMILLA Street closing authorized 2250 Treasurer 2546 CAPITOL Chapel in State Capitol; a resolution 122 Space for General Assembly; a resolution 816 CARRIERS See Common Carriers. CARROLL COUNTY Compensation of commissioner and clerk 2872 Tax commissioner 3504 CARTRIDGES. See Taxation. CATOOSA COUNTY Board of utilities commissioners 3499 CEDARTOWN Parking facilities 2065 Street and sidewalk improvements 2319 CERTIFIED PUBLIC WEIGHERS Act of 1949 amended 334 , 631 CHAPELS Chapel in State Capitol; a resolution 122 CHARLTON COUNTY Compensation of commissioners 2786 CHATHAM COUNTY Civil service system 2456 Extension of industrial areas; proposed amendment to the Constitution 352 Mosquito control; proposed amendment to the Constitution 267 CHATSWORTH Corporate limits 3476 CHATTAHOOCHEE JUDICIAL CIRCUIT Additional judge 299

Page 860

CHATTOOGA CITY COURT Juries 2396 CHATTOOGA COUNTY Commissioner 2899 Purchases 2929 CHEROKEE COUNTY Fee system 3625 Salaries, Act of 1953 repealed 3124 School superintendent; proposed amendment to the Constitution 117 School system; proposed amendment to the Constitution 133 CHILDREN. See Abandonment; Adoption. Parent and Child; Torts . CHRISTIAN, T. W. Compensation for injuries; a resolution 3058 CHIROPODY Practice; 84-603, 84-604, 84-608, 84-609, 84-611 amended 242 CHURCHES. See Baptist Church at Buck Head CITY COURT OF BAINBRIDGE Procedure rules 3495 CITY COURT OF BAXLEY Comprehensive Act 3319 CITY COURT OF BUFORD Clerk's salary 3485 CITY COURT OF CHATTOOGA COUNTY Juries 2396 CITY COURT OF DECATUR Abolished 2932

Page 861

CITY COURT OF DECATUR Judge's salary 3076 Practice and procedure 2655 CITY COURT OF DUBLIN Amendments 3028 Compensation of judge and of solicitor 2870 CITY COURT OF HINESVILLE Law books to; a resolution 3418 CITY COURT OF JEFFERSON Compensation of judge and of solicitor 2887 CITY COURT OF LEXINGTON Judge's compensation 3365 CITY COURT OF NEWNAN Judge's compensation 2489 CITY COURT OF SANDERSVILLE Judge, solicitor 3463 CITY COURT OF WAYNESBORO Clerk's fees 2290 CITY COURTS Abolished in counties of 22,700 to 23,400 2587 CIVIL COURT OF DEKALB COUNTY Amendments 2766 , 3137 Amendments 3271 CLARKE COUNTY Fire, sanitation and sewerage districts 3089 Law books to ordinary; a resolution 2779 CLARKESVILLE Charter 2298

Page 862

CLAY COUNTY Court of ordinary 3001 CLAYTON Lease of golf course property 2084 CLAYTON COUNTY Commissioners 3072 Law books to superior court; a resolution 2780 CLAYTON JUDICIAL CIRCUIT Creating Act 95 CLEVELAND, RALPH Compensation for injuries; a resolution 3236 CLOUDLAND CANYON STATE PARK Exchange of lands; a resolution 396 COBB COUNTY Paving; proposed amendment to the Constitution 363 Zoning and planning 2006 COLBERT Charter amended 2133 COLEMAN, CARLTON Compensation for injuries; a resolution 2570 COLLEGE PARK Charter amended 2922 Corporate limits extended 2744 Wards 3083 COLQUITT COUNTY Compensation of officials 2399 Tax commissioner 2403 Water districts 3307 Waterworks, sewerage, sanitation, and fire protection 2477

Page 863

COLUMBUS Conveyance of part of Bay Avenue authorized 2261 Corporate limits extended 2386 Water commissioners 2525 COMMERCE, DEPARTMENT OF Board of commissioners 46 COMMISSIONER OF AGRICULTURE Salary; Code 5-105 amended 375 , 376 COMMON CARRIERS Waiting rooms for passengers 673 , 685 COMPTROLLER GENERAL Powers of Deputy Comptroller General; Code 40-1505 amended 802 CONDEMNATION See Eminent Domain . CONFEDERATE STATES OF AMERICA Battle flags, preservation; a resolution 351 CONSTITUTION Method of amendment; proposed amendment to the Constitution 637 CONTINUANCES Cases where Attorney General is of counsel 700 CONTRABAND. See Revenue Stamps . CONTRACTORS' BONDS. See Bonds . CONVICTS. See State Board of Corrections . CONYERS Charter amended 2752 Corporate limits 2907 Recorder's court 2430 CORDELE Commissioners; city manager 2349

Page 864

CORPORATIONS. See Banks and Banking; Insurance Companies . CORRECTIONS, STATE BOARD OF Comprehensive Act 161 COUNTIES Intercounty improvements, use of convicts; Code 23-1804 amended 161 Performance bonds; Code 23-170523-1709 amended 340 Removal of school superintendents; Code 32-1008 amended 629 Survey of disputed county lines; Code 23-407 amended 192 Suspension of county school superintendents; Code 32-912 amended 747 COUNTY RECORDS Committee to study preservation of State and county records 365 COURT OF APPEALS Reports, disposition of plates; a resolution 633 Review of juvenile court judgments; proposed amendment to the Constitution 652 COVINGTON Corporate limits 2507 COVINGTON MILLS Charter revoked 2433 CREDIT UNIONS Borrowing; fidelity bond; entrance fees, transfer fees and charges; reports, examinations, etc.; Code Ch. 25-1 amended 742 CRIMINAL COURT OF FULTON COUNTY Judges' salary 3040 CRISP COUNTY School system; proposed amendment to the Constitution 111

Page 865

D DALLAS Charter 2947 DALTON Charter amended 2093 Corporate limits extended 2354 School system 2086 DAWSON Charter amended (officers; taxes; water, light, and gas commission) 2515 Charter amended (officers; tax rate; water, light and gas commission) 2454 DEBT ADJUSTING Comprehensive Act 797 DECATUR, CITY COURT OF Abolished 2932 Judge's salary 3076 Practice and procedure 2655 DEEDS TO SECURE DEBT Foreclosure 716 DEKALB COUNTY Board of education, election 2707 Commissioners 3237 Merit system 3111 Planning commission 3332 Salaries of elective county officials 2915 DEKALB COUNTY, CIVIL COURT OF Amendments 2766 3137 DENTISTRY Unauthorized practice, injunction; Code 84-702 amended 25 DENTISTS Licensing of dentists of other States; Code 84-710 amended 372

Page 866

DEPARTMENT OF COMMERCE Board of commissioners 46 DEPARTMENT OF PUBLIC SAFETY Duties of uniform division (trash on public roads or property) 579 Enforcement of segregation 605 Salaries of officers and troopers 687 Uniform division 573 DEPARTMENT OF STATE PARKS Powers and duties 793 DEPARTMENT OF VETERANS' SERVICE Director's compensation 160 DISABLED PERSONS Vending stands 52 DIVORCE Decree, when final; Code 30-101 amended 405 Relief from disabilities; Code 30-123 amended 572 Trial term 68 DR. HESS AND CLARK, INC. Compensation for injuries; a resolution 2722 DOUGHERTY COUNTY Albany and Dougherty County sewerage system; proposed amendment to the Constitution 424 Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Building permits; proposed amendment to the Constitution 119 Fire protection 2598 Paving; proposed amendment to the Constitution 139 Promotion of industries; proposed amendment to the Constitution 146 Tax commissioner's assistants 2494 DOUGLAS Charter amended (ordinances) 2495 Corporate limits extended 2444 2490

Page 867

DOUGLAS COUNTY Law books to; a resolution 3420 Zoning 2581 DRIVERS' LICENSES Duplicate license for veterans 626 Issue after previous revocation 624 Revocation 674 DRUFFEL, HON. JOHN H. Commending resolution 2381 DRUGS Oral prescriptions, Uniform Narcotic Drug Act amended 19 Sale in vending machines; Code 84-1317 amended 724 Veterinary use of sulfanilamide and sulfonamide drugs 345 DUBLIN Elections 3267 School tax 2771 DUBLIN, CITY COURT OF Amendments 3028 Compensation of judge and of solicitor 2870 DUDLEY Promotion of industries; proposed amendment to the Constitution 410 E EASEMENTS Spoilage easement to Barnwell Island; a resolution 654 EAST DUBLIN Recorder's court 3357 Tax returns 2802 EASTERN JUDICIAL CIRCUIT Additional judge 101 EATONTON Social security, eminent domain, municipal property 2359

Page 868

EDUCATION See Schools . Election of teachers, minimum foundation program amended 312 Federal Aid for Education Bill; a resolution 397 Federal Aid for Education Bill; a resolution 815 EGGS Weight and size classifications; license of candlers and graders 21 ELBERT SUPERIOR COURT Terms 570 ELECTIONS Absentee voting; Code 34-330134-3303, 34-3307 amended 682 Absentee voting by members of military 697 Election of members of General Assembly 159 Hours in counties of 118,026 to 118,100 2081 Solicitation of votes near polling places 333 ELECTRICIANS Qualified electricians in counties of 85,000 to 90,000 3288 ELECTROCUTIONS Code 27-2513 amended 161 Code 27-2515 amended 161 EMINENT DOMAIN School systems 100 EMPLOYEES' RETIREMENT SYSTEM Court of record; transfer from solicitors-general retirement system; employees of General Assembly; service in armed forces; Division A of system 54 State Office Building Authority employees included 277 EMPLOYMENT SECURITY LAW Amendments; Code Ch. 54-6 amended 481 ENGINEERS Board of Registration for Professional Engineers and Surveyors; Act of 1945 amended 679 License renewal fee 691

Page 869

EVANS, HORACE Compensation for injuries; a resolution 2379 EVIDENCE American Experience Mortality Tables as evidence of life expectancy 68 EXECUTIONS. See Electrocutions; Levy and Sale . EYEGLASSES. See Opticians . F FARM AID Memorial to Congress; a resolution 131 FARMERS' MARKETS Closing and disposition 503 Cull produce 215 Leases 45 FAYETTE COUNTY Tax commissioner 2022 FEDERAL ATTORNEY GENERAL Censured; a resolution 126 FEEDING STUFFS. See Agriculture . FELONIES Sentences on plea of guilty of capital felony 737 FIREMEN. See Pensions . FIREWORKS Sales, displays (insurance, bond) 732 FIRING OF WOODS, LANDS, ETC. Acts amended, various Code sections repealed 737 Notice of intention to burn, county action 382 FIRES Lookout tower sites 377

Page 870

FISH Game and Fish Act of 1955 amended 590 Minnows, live fish and fish eggs used as bait 231 Sale by weight 75 FITZGERALD Civil service; insurance 3007 FLAGS Battle flags of Confederacy, preservation; a resolution 351 State flag; Military Forces Reorganization Act amended 38 FLOYD COUNTY Board of education, compensation of members 3469 Fee system abolished 2754 Street lights; proposed amendment to the Constitution 474 Utility systems 3093 FLYNT, HON. JOHN J. Resolution commending 3486 FOODS Georgia Food Act; Code Ch. 42-1, 42-3, 42-99 amended 195 FORECLOSURES. See Deeds to Secure Debt . FOREST FIRE PREVENTION CONFERENCE Resolution endorsing 2719 FOREST FIRES Firing of woods, lands, etc.; Acts amended, various Code Sections repealed 737 FOREST PARK Charter amended 2040 FORESTERS License renewal fee 691 FORESTRY Fire lookout tower sites 377

Page 871

FORSYTH SUPERIOR COURT Law books to; a resolution 3421 FORTUNE, LINCOLN Compensation for injuries 2382 FOUNTAIN'S DRY CLEANERS LAUNDRY, INC. Compensation for injuries; a resolution 3053 FRANKLIN COUNTY Commissioner 2603 Law books to superior court; a resolution 2377 FRANKLIN SPRINGS Corporate limits 3117 FRANKLIN SUPERIOR COURT Terms 570 FULLERVILLE Charter surrendered 2334 FULTON COUNTY Judges' and solicitor-general's retirement system 2991 Judges' and solicitor-general's retirement system 3069 Pension system amended 3098 Salaries of deputies 2677 Sheriff's salary 2813 FULTON COUNTY, CIVIL COURT OF Amendments 3271 FULTON COUNTY, CRIMINAL COURT OF Judges' salary 3040 FULTON SUPERIOR COURT Compensation of judges 541 G GAINESVILLE Charter amended 2847 Street improvements 2539

Page 872

HABERSHAM COUNTY Commissioners 2077 HALL COUNTY Advisory referendums 3032 Fire protection; proposed amendment to the Constitution 461 Road and street improvements; proposed amendment to the Constitution 451 School system; proposed amendment to the Constitution 817 HANCOCK COUNTY Tax commissioner 2037 HAPEVILLE Charter amended 2791 HARRELL, HON. R. C. Harrell Highway designated; a resolution 470 HARRIS, WALKER Compensation for injuries; a resolution 2914 HARRIS COUNTY Law books to ordinary; a resolution 2580 HART COUNTY Board of finance 2356 HART SUPERIOR COURT Terms 570 HAWKINS, COLONEL BENJAMIN Colonel Benjamin Hawkins Bridge designated 478 HEARD COUNTY Board of education; proposed amendment to the Constitution 142 Commissioners 2346 HELEN Corporate limits 2999

Page 873

HELEN Corporate limits 2999

Page 874

HABERSHAM COUNTY Commissioners 2077 HALL COUNTY Advisory referendums 3032 Fire protection; proposed amendment to the Constitution 461 Road and street improvements; proposed amendment to the Constitution 451 School system; proposed amendment to the Constitution 817 HANCOCK COUNTY Tax commissioner 2037 HAPEVILLE Charter amended 2791 HARRELL, HON. R. C. Harrell Highway designated; a resolution 470 HARRIS, WALKER Compensation for injuries; a resolution 2914 HARRIS COUNTY Law books to ordinary; a resolution 2580 HART COUNTY Board of finance 2356 HART SUPERIOR COURT Terms 570 HAWKINS, COLONEL BENJAMIN Colonel Benjamin Hawkins Bridge designated 478 HEARD COUNTY Board of education; proposed amendment to the Constitution 142 Commissioners 2346 HELEN Corporate limits 2999

Page 875

HIAWASSEE Charter 3516 HIGH SCHOOLS. See Schools. HIGHWAY BOARD Hon. W. A. Blasingame a member; a resolution 3 Hon. Roger H. Lawson a member; a resolution 4 HIGHWAYS Harrell Highway designated; a resolution 470 Limited access highways in counties of 300,000 or more 3292 Parking on right-of-ways, advertisements, obstructions 615 Throwing of trash or garbage on public roads or property; duties of Department of Public Safety 579 HILL, MRS. HENRY C. Compensation for injuries; a resolution 3050 HINESVILLE, CITY COURT OF Law books to; a resolution 3418 HIRAM Charter 2620 HOG CHOLERA VIRUS Interstate shipments 42 HOGANSVILLE Corporate limits 2827 , 3078 HOSPITALS Hospital Care Study Commission created; a resolution 660 I IDEAL Corporate limits 2600 INCOME TAX Amended returns 357 Committee to study income tax laws; a resolution 658 Distributees on liquidation of corporation; Code 92-3120 amended 608

Page 876

INDUSTRIAL LOANS License tax; Industrial Loan Act of 1955 amended 86 INSANE ASYLUM. See Milledgeville State Hospital . INSANE PERSONS Restoration to sanity; Code 35-236, 35-237 amended 585 INSURANCE. See Old-Age and Survivors Insurance Accident, sickness and hospitalization insurance 532 Approval of policy forms 279 Contracts to furnish ambulance service in future to be construed as health and accident insurance contracts 297 INSURANCE AGENTS Licensing 505 INSURANCE COMPANIES Deduction of retaliatory tax paid another State 790 Gross premium tax 391 Participation by policyholders in profits; Code 52-216 amended 278 Investments 306 INSTITUTE OF LAW AND GOVERNMENT Resolution commending 350 INTANGIBLES. See Taxation . INTERPOSITION Interposition resolution 642 INVESTMENTS. See Insurance Companies . IRWIN COUNTY Commissioners 2586 J JACKSON ELECTRIC MEMBERSHIP COOPERATIVE Compensation for damages 2577 JEFFERSON CITY COURT Compensation of judge and of solicitor 2887

Page 877

JEKYLL ISLAND Study committee; a resolution 819 JENKINS COUNTY Tax commissioner's salary 2588 JESUP Charter amended 3302 JOHNSON, MRS. W. A. Compensation for injuries; a resolution 3051 JOHNSON SUPERIOR COURT Terms 378 JOINT ECONOMY COMMITTEE. See General Assembly. JONES, T. Q. AND MRS. VALLIE JONES Compensation for injuries; a resolution 2720 JUNIOR CHAMBER OF COMMERCE National Junior Chamber of Commerce commended; a resolution 2378 JURIES AND JURORS Examination; Code 59-720 amended 64 JUVENILE COURTS Act of 1951 amended (counties of 150,000 or more but less than 300,000) [Illegible Text] Judgments, review by Supreme Court and Court of Appeals; proposed amendment to the Constitution 652 Jurisdiction as to adopted children 603 Practice of law by judges 799 Release or parole of juveniles committed to State training schools 527 K KALOCK, EMIL Compensation for injuries; a resolution 3060 KING'S BAY AMMUNITION LOADING TERMINAL Conveyance of land in Camden County to; a resolution 412

Page 878

KINGSLAND Alley closings authorized 3470 KITE Charter amended 3157 L LABORERS' LIENS. See Liens . LAKE CITY Mayor and councilmen 3382 LAND CONVEYANCES Conveyance of islands in Savannah and Tugaloo Rivers to U. S.; a resolution 414 Conveyance of land in Camden County to King's Bay Ammunition Loading Terminal; a resolution 412 Conveyance of land in Camden County to Federal Government; a resolution 270 Conveyance of land to Pierce County authorized; a resolution 158 Conveyance of land to Richmond County; a resolution 813 Conveyance of land in Pulaski County to Town Creek Country Club; a resolution 457 Exchange of lands, Cloudland Canyon State Park; a resolution 396 Exchange of lands in Pulaski County; a resolution 459 Reconveyance of lands to City of Calhoun; a resolution 664 Sale of land in Forsyth and Dawson Counties to Robert Latham; a resolution 268 Sale of old Georgia National Guard armory site in Milledgeville; a resolution 266 LAND PROCESSIONERS Appointment; Code 85-1604 amended 326 LATHAM, ROBERT Sale of land in Forsyth and Dawson Counties to Robert Latham; a resolution 268 LAUNDRY Unclaimed laundry; Code 67-1906 repealed 718 LAURENS COUNTY Ordinary's compensation 2765

Page 879

LAW ENFORCEMENT OFFICERS Subsistence allowance 741 LAWRENCEVILLE Corporate limits extended 2875 LAWSON, HON. ROGER H. Member of State Highway Board; a resolution 4 LEASES. See Public Property. LEVY AND SALE Place, time and manner of sales; Code 39-1201 amended 701 LEWIS, LEON Compensation for injuries; a resolution 2911 LEXINGTON, CITY COURT OF Judge's compensation 3365 LIBEL Venue of actions against newspapers, magazines, etc. 4 LIBRARIAN. See State Librarian. LICENSES. See Agricultural Products; Automobiles; Barbers; Beverages; Billiard Rooms; Chiropody; Dentists; Drivers' Licenses; Electricians; Engineers; Foresters; Insurance Agents; Marriage; Meat; Milk; Nurses; Opticians; Osteopaths; Physicians; Poultry; Psychologists; Real Estate Brokers; Veterinarians. LIENS Laborers' and materialmen's liens; Code 67-2001, 67-2002 amended 185 Mechanics' and materialmen's liens; Code 67-1701, 67-2001, 67-2002 amended 562 LIMITED ACCESS HIGHWAYS See Highways. LINWOOD Charter amended 2995

Page 880

LIVESTOCK Auction sales 501 Commercial feeds and feedings stuffs, Act of 1945 amended 346 Compensation of veterinarian examining infectious diseases; Code 62-1011 amended 332 Concentrated feeding stuffs; Code Ch. 42-2 amended 293 Garbage feeding; Act of 1953 amended 85 Garbage feeding Act of 1953 amended (injunctions) 627 Livestock and Poultry Disease Control BoardCreating Act 247 LOAN COMPANIES Suspension of certain license and examinations fees; a resolution 648 LOANS Industrial Loan Act of 1955 amended; license tax 86 LONG COUNTY Ordinary's compensation 2881 LOOKOUT TOWERS Fire lookout tower sites 377 LORD, MRS. LILLIAN Compensation for injuries; a resolution 2578 LOUISVILLE Promotion of industries; proposed amendment to the Constitution 445 LOWNDES COUNTY Voting machines 3444 LULA Charter 3166 LUMPKIN COUNTY Tax commissioner's compensation 2741 Zoning 3497 LUMPKIN SUPERIOR COURT Terms 528

Page 881

M MACON Anti-tubercular sanatarium 2883 Charter amended 2772 Closing of part of First Street authorized 2818 Closing of portion of Pine Street authorized 2729 Corporate limits 3125 Eminent domain 2936 Hospital commission 2783 Mayor and council 2736 Pension system amended 3146 Pensions in police and fire departments 2285 Police and fire departments 2143 Street closing ratified 2331 MACON COUNTY Board of education; proposed amendment to the Constitution 263 Commissioners, election 3286 Ordinary's compensation 3488 McDUFFIE SUPERIOR COURT Terms 60 McRAE Compensation of mayor and aldermen 2283 MADISON SUPERIOR COURT Terms 570 MAGAZINES Venue of libel actions against 4 MANCHESTER Corporate limits 2446 Taxation 2441 MANSION. See Governor's Mansion . MARION SUPERIOR COURT Terms 38 MARRIAGE Licenses; Code 53-201 amended 43

Page 882

MARTIN, HAL S. Compensation for injuries; a resolution 2571 MATERIALMEN'S LIENS. See Liens . MEAT Meat, poultry and dairy processing plants; licensing and control 748 Sale by weight 75 MECHANICS' LIENS. See Liens . MEDICINE. See Drugs; Hospitals; Physicians . MERIWETHER COUNTY Commissioner's compensation 2890 MEYER, MRS. ANN H. Compensation for injuries 3047 MICROFILMING Study of expense of microfilming State records; a resolution 668 MILK Meat, poultry and dairy processing plants; license and control 748 Inspection of milk dealers 604 MILLEDGEVILLE Corporate limits extended 2865 , 3003 Zoning 2697 MILLEDGEVILLE STATE HOSPITAL Prisoners transferred by Board of Corrections 731 Transfer of patients from Training School for Mental Defectives 728 MILLER COUNTY Voting machines 2799 MINIMUM FOUNDATION PROGRAM. See Education . MINNOWS. See Fish .

Page 883

MINORS Release or parole of juveniles committed to State training schools 527 MISDEMEANORS Punishment; Code 27-2506 amended 161 MONROE Corporate limits extended 2418 MONTGOMERY COUNTY Tax commissioner's compensation 2548 MOONEY, DR. JOHN Compensation for injuries; a resolution 3044 MOONEYHAM, W. S. Compensation for injuries; a resolution 3056 MORRIS, PRESTON Compensation for injuries; a resolution 3043 MORTALITY TABLES Admissibility of American Experience Mortality Tables in evidence 68 MOSQUITOES Control in Chatham County; proposed amendment to Constitution 267 MOTHERS Care of pregnant unmarried mothers 252 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT Amendments 543 MOTOR VEHICLES Size and load limitations; Code 68-405 amended 83 MOULTRIE Corporate limits extended 2830 Utility systems 3473

Page 884

MT. VERNON Corporate limits 2687 MOUNTAIN VIEW Charter 2518 MUNICIPAL CORPORATIONS Damage actions against, demand prerequisite; Code 69-308 amended. 183 MUSCOGEE COUNTY Fire protection districts 2760 Licenses and occupational taxes; proposed amendment to the Constitution N NARCOTICS Oral prescriptions, uniform narcotic Drug Act amended 19 NATURAL GAS. See Gas, Natural . NATUROPATHY Practice of 36 NEVILLE, DR. LESTER Dr. Lester Neville Bridge designated; a resolution 359 NEWNAN, CITY COURT OF Judge's compensation 2489 NEWSPAPERS Venue of libel actions against 4 NEWTON COUNTY Treasurer 2345 NORTH WEST POINT Charter 3423

Page 885

NURSES License renewal fee, registered and undergraduate nurses; Code 84-1010, 84-1012 amended 691 Registration and examination fees of undergraduate and of registered nurses; Code 84-1007, 84-1010, 84-1012, 84-1015 amended 93 O OBSCENE PICTURES, BOOKS, ETC. Code 26-6301 amended 801 Code 26-6304 repealed 741 OFFICIALS, STATE Salaries; proposed amendment to the Constitution 669 OKEFENOKEE RURAL ELECTRIC MEMBERSHIP CORPORATION Grant of easement to; a resolution 256 OLD-AGE AND SURVIVORS INSURANCE Act of 1953 amended 576 OPTICIANS State Board of Dispensing Opticians 148 OPTOMETRY Defined; Code 84-1101 amended 94 ORDINARIES. See Names of counties . Microfilming of ordinary's records in counties of 100,000 to 114,000 3378 Retirement system amended 805 OSTEOPATHS License renewal fee; Code 84-1207 amended 691 P PARDON AND PAROLE BOARD Advisory staff 580 PARENT AND CHILD Parents' liability for child's wilful and wanton tort 699 Uniform Reciprocal Enforcement of Support Act 703

Page 886

PARKS Act of 1943 repealed 578 Cabins in State parks; a resolution 673 Cloudland Canyon State Park, exchange of lands; a resolution 396 Disposal of parks and public recreational facilities 22 , 606 PARKS, DEPARTMENT OF Powers and duties 793 PEACE OFFICERS Subsistence allowance for law enforcement officers 741 PEACE OFFICERS' BENEFIT FUND Act amended 280 Forfeiture of benefits 314 PENSIONS. See Employees' Retirement System; Peace Officers' Benefit Fund; Teachers' Retirement System . Firemen's pension system amended 368 PERFORMANCE BONDS. See Bonds . PERRY Election of mayor and councilmen 2617 PHYSICIANS License renewal fee; Code 84-915 amended 691 PIEDMONT JUDICIAL CIRCUIT Reporter's salary 305 PIERCE COUNTY Board of education; proposed amendment to the Constitution 392 Conveyance of land to; a resolution 158 PINEVIEW Ad valorem tax 2568 PINE LAKE Elections 3482

Page 887

PIPELINE SYSTEMS Intrastate natural gas systems 105 PISTOLS. See Taxation . PLANNING. See Zoning . PLANTS Seed, plant and variety certification 16 POLK COUNTY School superintendent; proposed amendment to the Constitution 123 POOLER Charter amended 2479 Corporate limits 2530 PORTS Facilities in Decatur County; a resolution 457 Facilities in Glynn County; a resolution 481 Facilities in Richmond County; a resolution 145 POULTRY. See Livestock and Poultry Disease Control Board . POULTRY Meat, poultry and dairy processing plants; licensing and control 748 Sale by weight 75 PRESCRIPTIONS Oral prescriptions for certain narcotic drugs; Uniform Narcotic Drug Act amended 19 PRICE, C. B. Compensation for injuries; a resolution 3062 PRINTING Study of advisability of State printing office; a resolution 650 PRISON INDUSTRIES Study of recommendations of Legislative Economy Committee; a resolution 651

Page 888

PRISONERS. See State Board of Corrections . PRIVATE SCHOOLS. See Schools . PROBATION County probation officers in counties of 150,000 or more but less than 300,000 65 Statewide Probation Act 27 PROCESSIONERS Appointment; Code 85-1604 amended 326 PSYCHOLOGISTS License renewal fee 691 PUBLIC PROPERTY Leases of State property 728 Trespass on State-owned or operated property closed to public 9 PUBLIC RECREATION FACILITIES Disposal of 22 PUBLIC SAFETY DEPARTMENT Duties of Uniform division (trash on public roads or property) 579 Enforcement of segregation 605 Salaries of officers and troopers 687 Uniform division 573 PUBLIC SALE. See Auctions; Levy and Sale . PUBLIC SCHOOLS. See Schools . PUBLIC WEIGHERS. See Certified Public Weighers . PULASKI COUNTY Commissioner's salary 2845 PULASKI DEVELOPMENT COMPANY Exchange of lands in Pulaski County; a resolution 459 PURCHASES Purchases by employees of hospitals and other institutions 383

Page 889

Q QUAIL Pen-raised quail for commercial purposes 48 QUANTE PLUMBING HEATING COMPANY Compensation for injuries; a resolution 3057 R RABUN COUNTY Tax commissioner's clerk 2138 RANDOLPH, NOLIN BURL Compensation for injuries; a resolution 3049 RANDOLPH COUNTY Law books to ordinary; a resolution 2909 Law books to superior court; a resolution 3046 REAL ESTATE BROKERS Licenses; Code 84-1401 amended 404 Nonresident, licenses; Code 84-1422 repealed 402 RECORDS Committee to study preservation of State and county records 365 Study of expense of microfilming State records; a resolution 668 RECREATIONAL FACILITIES Disposal of 22 , 606 REGISTERED NURSES. See Nurses . RETIREMENT. See Employees' Retirement System; Ordinaries; Peace Officers' Retirement System; Solicitors-General Retirement System; Teachers' Retirement System . Firemen's pension system amended 368 Judges of Superior Court Emeritus, Act amended 380 REVENUE STAMPS Forged stamps, seizure, etc., as contraband 786

Page 890

RICHLAND Eminent domain 2863 RICHMOND COUNTY Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution 453 Board of education 2891 Land conveyance to; a resolution 813 Tax commissioner 2362 RINCON Election hours 2591 RINGGOLD Qualified voters 3458 RIVERDALE Charter 2205 ROADS. See Highways . Road system in counties of 300,000 or more 3492 Work by prisoners; Code 95-804 amended 161 ROBERTA Corporate limits extended 2374 ROCKDALE COUNTY Tax commissioner's compensation 2035 ROCKDALE SUPERIOR COURT Law books to; a resolution 3487 ROME Corporate limits extended 3104 Retirement system amended 2940 ROME JUDICIAL CIRCUIT Solicitor-general and assistant 385 ROYSTON Charter amended 2556

Page 891

S ST. MARYS Street closings authorized 2435 Voters, taxation 2426 SANDERSVILLE Corporate limits extended 3067 SANDERSVILLE, CITY COURT OF Judge, solicitor 3463 SAUNDERS, HAL Compensation for injuries; a resolution 3045 SAVANNAH Civil service system amended 2068 Election and terms of mayor, aldermen and recorder 2028 , 2032 Recorder 2030 Sale of land to Taliaferro Baptist Church 2821 SAVANNAH DISTRICT AUTHORITY Amendments 329 SAVANNAH RIVER Port facilities in Richmond County 145 SAVINGS AND LOAN ASSOCIATIONS Payment of value of share to incompetent; Code 16-440 amended 628 SCHOOL BUILDING AUTHORITY. See State School Building Authority . SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND Abolishing Act 806 SCHOOLS Accrediting of high schools; a resolution 128 Closing of public schools in county, city or independent school systems 6 Consolidation in counties of 8,500 to 8,600 2595

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County school taxes in counties of not less than 300,000 2565 Eminent domain 100 Lease of public school property 10 Private schools, certificate of safety (fire hazards) 15 Removal of county school superintendents, Code 32-1008 amended 629 Suspension of county school superintendents; Code 32-912 amended 747 SEAFOOD. See Game and Fish . SEARS, ROEBUCK CO. Land conveyance by City of Augusta authorized 2402 SEEDS Georgia Seed Law 217 Seed, plant and variety certification 16 SEGREGATION Duties of Department of Public Safety 605 Interposition resolution 642 SENTENCES Concurrent or successive sentences; Code 27-2510 amended 161 Sentence on plea of guilty of capital felony 737 Statewide Probation Act 27 SERVICE Mail service of subpoenas on witnesses 63 SHEPPARD, W. E. Compensation for injuries; a resolution 2724 SHERIFFS. See Names of counties . Election in counties of 300,000 or more; Code 34-2601 amended 529 SMALLWOOD, FELTON Compensation for injuries; a resolution 2573 SMYRNA Charter amended 2003 Corporate limits extended 2265 SOCIAL SECURITY Coverage of officers and employees of political subdivisions; Act of 1953 amended 75 SOCIAL SECURITY BOARD Director's salary 579 SOFT DRINKS License and control of manufacture and sale of bottled soft drinks 611 SOLICITORS-GENERAL Assistant solicitor-general in certain circuits 735 Duties in aid of officials 719 SOLICITORS-GENERAL RETIREMENT SYSTEM Act of 1949 amended 251 SOUTHERN FOREST FIRE PREVENTION CONFERENCE Resolution endorsing 2719 SOUTHERN JUDICIAL CIRCUIT Judge's compensation 537 SPALDING COUNTY Agricultural agent and home demonstration agent 2895 Compensation of commissioners 2440 STATE BOARD OF CORRECTIONS Comprehensive Act 161 Prisoners transferred to Milledgeville State Hospital 731 STATE EMPLOYEES. See Purchases . Physical examination 808 STATE OFFICE BUILDING AUTHORITY Employees included in employees' retirement system 277 STATE BOUNDARIES Committee to negotiate with Alabama committee; a resolution 125

Page 893

SOCIAL SECURITY Coverage of officers and employees of political subdivisions; Act of 1953 amended 75 SOCIAL SECURITY BOARD Director's salary 579 SOFT DRINKS License and control of manufacture and sale of bottled soft drinks 611 SOLICITORS-GENERAL Assistant solicitor-general in certain circuits 735 Duties in aid of officials 719 SOLICITORS-GENERAL RETIREMENT SYSTEM Act of 1949 amended 251 SOUTHERN FOREST FIRE PREVENTION CONFERENCE Resolution endorsing 2719 SOUTHERN JUDICIAL CIRCUIT Judge's compensation 537 SPALDING COUNTY Agricultural agent and home demonstration agent 2895 Compensation of commissioners 2440 STATE BOARD OF CORRECTIONS Comprehensive Act 161 Prisoners transferred to Milledgeville State Hospital 731 STATE EMPLOYEES. See Purchases . Physical examination 808 STATE OFFICE BUILDING AUTHORITY Employees included in employees' retirement system 277 STATE BOUNDARIES Committee to negotiate with Alabama committee; a resolution 125

Page 894

STATE CAPITOL Chapel in State Capitol; a resolution 122 STATE EMPLOYEES. See Employees' Retirement System; Subversive Activities Act . Trading with State 60 STATE FLAG Military Forces Reorganization Act amended 38 STATE HIGHWAY BOARD. See Highway Board . STATE LANDS. See Land Conveyances . STATE LIBRARIAN Distribution of law books; Code 101-205 amended 729 STATE OFFICIALS Compensation of ex officio officials 324 Salaries; proposed amendment to the Constitution 669 STATE PARKS, DEPARTMENT OF Powers and duties 793 STATE PATROL Duties 495 STATE PRINTING Study of advisability of State printing office; a resolution 650 STATE PROPERTY. See Public Property . STATE RECORDS Committee to study preservation of State and county records 365 Study of expense of microfilming; a resolution 668 STATE SCHOOL BUILDING AUTHORITY Leases 11 STATE TREASURER Payments on warrant of Deputy Comptroller General; Code 40-1101 amended 802

Page 895

STATE WAREHOUSE ACT Amendments 688 STATESBORO Utility systems 2733 STEPHENS SUPERIOR COURT Grand juries 538 STEWART COUNTY Board of education; proposed amendment to the Constitution 463 Law books to superior court and to ordinary; a resolution 3054 Schools; proposed amendment to the Constitution 440 STOFFRAGEN, GEORGE B. Compensation for injuries; a resolution 2576 STONE MOUNTAIN City clerk and police 2690 STONE MOUNTAIN CIRCUIT Judges 496 SUBPOENAS Service on witnesses by mail 63 SUBVERSIVE ACTIVITIES ACT Questionnaires 67 SULFANILAMIDE Veterinary use of sulfanilamide and sulfonamide drugs 345 SUMTER COUNTY Americus-Sumter County planning commission 2658 Zoning 2682 SUPERIOR COURTS Clerk; duties; Code 24-2715 amended 677 Clerk's duties; Code 24-2714 amended 785 SUPPORT. See Parent and Child .

Page 896

SUPREME COURT Reports, disposition of plates; a resolution 633 Review of juvenile court judgments; proposed amendment to the Constitution 652 SURVEYORS. See Engineers . SUTTON, HON. I. HOMER Judge I. Homer Sutton Bridge designated; a resolution 262 SWINT, CHARLIE B. Compensation for injuries; a resolution 3061 TALIAFERRO BAPTIST CHURCH Sale of land to by Savannah 2821 TAX COMMISSSIONERS. See Names of Counties . Compensation in counties of 5,900 to 5,951 3490 TAXATION. See Income Tax; Insurance . TAXATION. See Income Tax; Insurance Companies; Revenue Stamps Intangible Property Tax Act amended 720 Tax on dealers in pistols and cartridges 734 TEACHERS Election, minimum foundation program amended 312 TEACHERS' RETIREMENT SYSTEM Benefits 789 Service retirement allowance 400 Teachers in privately operated nonsectarian schools; Code 32-2901 amended 13 THOMAS, MRS. EVELYN LAW Compensation for injuries; a resolution 2570 THOMAS COUNTY Board of education; proposed amendment to the Constitution 447 Fee system abolished 3159 Tax commissioner 3510

Page 897

THUNDERBOLT Zoning 3091 TIGNALL Charter 2147 TOBACCO Allotments, leasing; a resolution 141 TODD, THEOLIA F. Compensation for injuries 2912 TORTS. See Municipal Corporations . Parents' liability for child's wilful and wanton torts 699 Venue of libel actions against newspapers, magazines, etc. 4 TOURIST CAMPS Registration of guests 381 TOWN CREEK COUNTRY CLUB Conveyance of land in Pulaski County to; a resolution 457 TRAFFIC COURTS Courts in counties of more than 300,000; proposed amendment to the Constitution 415 TRAINING SCHOOL FOR MENTAL DEFECTIVES Transfer of patients to Milledgeville State Hospital 728 TRASH. See Highways . TREASURER. See State Treasurer . TRESPASS Entry on State-owned or operated property closed to public 9 TRIALS Term of trial in civil cases 68 TROUP COUNTY Compensation of commissioners 2788 Pension system amended 2423

Page 898

U UNIFORM NARCOTIC DRUG ACT Oral prescriptions for certain narcotic drugs; Act amended 19 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT 703 UNION COUNTY Tax commissioner, office and hours 2452 U. S. ATTORNEY-GENERAL Censured; a resolution 126 UNMARRIED MOTHERS. See Mothers . V VALDOSTA Corporate limits 3295 VENDING MACHINES. See Drugs . VENDING STANDS Operation by disabled persons 52 VENUE Libel actions against newspapers, magazines, etc. 4 VERNER, GEORGE H., ARTHUR E. AND ANNE Compensation for injuries; a resolution 2575 VETERANS Automobile license tags for disabled veterans 336 Copies of vital statistics records furnished veterans 614 Duplicate driver's license 626 VETERANS' SERVICE, STATE BOARD OF Compensation of members 584 VETERANS' SERVICE, DEPARTMENT OF Director's compensation 160

Page 899

VETERINARIANS Compensation of veterinarian examining cause of infectious diseases; Code 62-1011 amended 332 License renewal fee; Code 84-1505 amended 691 Use of sulfanilamide and sulfonamide drugs 345 VIDALIA Vidalia Development Authority; proposed amendment to the Constitution 426 VILLA RICA Corporate limits extended 2278 VINSON, HON. CARL Resolution commending 2718 VIRUS. See Hog Cholera Virus . VITAL STATISTICS Copies of records to veterans 614 Local registrar in counties of 300,000 or more 303 VOCATIONAL REHABILITATION Subrogation [Illegible Text] W WAITING ROOMS. See Common Carriers . WALKER, DANIEL H. Compensation for injuries; a resolution 2913 WALKER, J. D. Compensation for injuries; a resolution 2910 WALTON COUNTY School system; proposed amendment to the Constitution 433 WAREHOUSES State Warehouse Act amended 687 WARM AIR HEATING EQUIPMENT ACT Applicable in counties of 6,008 to 6,079 676 Applicable in counties of 6,975 to 7,000 504

Page 900

Applicable in counties of 15,784 to 16,500 3291 Applicable to counties of 27,786 to 29,000 328 Applicable to counties of 30,289 to 30,975 325 Applicable in counties of 34,500 to 36,500 406 Applicable in counties of 40,113 to 43,000 298 WARNER ROBINS Charter amended (mayor and council, wards) 2510 Charter amended 2699 WAYNESBORO Ad valorem tax 2280 WAYNESBORO CITY COURT Clerk's fees 2290 WEBSTER SUPERIOR COURT Terms 40 WEIGHERS. See Certified Public Weighers . WEST POINT Business licenses 2140 WHEELER COUNTY Sheriff's compensation 2844 Treasurer's bond 2897 WHITESBURG Police court 2877 WIFE-BEATING Trial on accusation 337 WILDLIFE RANGERS Compensation 349 WILLDING, JOHN A. Compensation for injuries; a resolution 3048 WIMBERLY, GENERAL EZEKIEL General Ezekiel Wimberly Bridge designated; a resolution 640

Page 901

WINDER Corporate limits extended 3100 Real property evaluation 3037 Recorder 2985 WITNESSES Attendance, fees; Code 38-1501 amended 248 Service of subpoenas by mail 63 WORKMEN'S COMPENSATION Hearings regarding disagreements; Code 114-706 amended 725 WORKMEN'S COMPENSATION BOARD Salaries of members 367 Z ZONING. See Names of counties and cities . Zoning and planning ordinances in cities of 300,000 or more 3356 3422

Page 902

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 906

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 John H. Wilkins 44th Trenton T. J. Wood 49th Bellville J. Kimball Zellner 22nd Forsyth

Page 908

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First District-CHATHAM, Effingham OWEN H. PAGE, Jr. Savannah Second District-BRYAN, McIntosh, Liberty CHAS. F. WARNELL Groveland Third District-BRANTLEY, Wayne, Long JOSEPH BARNEY STRICKLAND Nahunta Fourth District-CHARLTON, Glynn, Camden ALVA J. HOPKINS, JR. Folkston Fifth District-WARE, Atkinson, Clinch W. K. PONSELL Waycross Sixth District-ECHOLS, Lowndes, Lanier J. L. WETHERINGTON Jasper, Florida Seventh District-THOMAS, Grady, Mitchell LAWSON NEEL Thomasville Eighth District-DECATUR, Seminole, Miller REUBEN M. REYNOLDS Bainbridge Ninth District-CALHOUN, Early, Baker CHARLES E. DEWS Edison Tenth District-LEE, Dougherty, Worth JAMES M. McBRIDE Leesburg Eleventh District-RANDOLPH, Terrell, Clay N. C. COFFIN Cuthbert Twelfth District-QUITMAN, Stewart, Webster THOMAS TOMS Georgetown Thirteenth District-MACON, Schley, Sumter A. CULLEN RICHARDSON Montezuma Fourteenth District-BLECKLEY, Dooly, Pulaski JAMES M. DYKES Cochran Fifteenth District-MONTGOMERY, Wheeler, Toombs WALTER B. MORRISON Mount Vernon Sixteenth District-LAURENS, Treutlen, Emanuel W. HERSCHEL LOVETT Dublin Seventeenth District-JENKINS, Screven, Burke WALTER HARRISON Millen Eighteenth District-JEFFERSON, Richmond, Glascock M. BRINSON JONES Wrens Nineteenth District-WARREN, Taliaferro, Greene E. DOUGHTY RICKETSON Warrenton Twentieth District-BALDWIN, Hancock, Washington ARNOLD PARKER Milledgeville Twenty-First District-JOHNSON, Jones, Wilkinson FRANCIS F. SHURLING Wrightsville Twenty-Second District-MONROE, Butts, Lamar J. KIMBALL ZELLNER Forsyth Twenty-Third District-CRAWFORD, Peach, Taylor W. T. JONES Roberta Twenty-Fourth District-MUSCOGEE, Chattahoochee, Marion HOWELL HOLLIS Columbus Twenty-Fifth District-HARRIS, Upson, Talbot WILLIAM BURTON STEIS Hamilton Twenty-Sixth District-SPALDING, Clayton, Fayette E. GIRDEAN HARPER Griffin Twenty-Seventh District-JACKSON, Barrow, Oconee WILLIS NEAL HARDEN Commerce Twenty-Eighth District-MORGAN, Jasper, Putnam E. ROY LAMBERT Madison Twenty-Ninth District-COLUMBIA, Lincoln, McDuffie EDGAR D. CLARY, JR. Harlem Thirtieth District-MADISON, Elbert, Hart A. F. SEAGRAVES Hull Thirty-First District-STEPHENS, Habersham, Franklin DR. C. L. AYERS [Illegible Text] Thirty-Second District-LUMPKIN, Dawson, White ARTHUR E. HOUSLEY Dahlonega Thirty-Third District-HALL, Forsyth, Banks HOWARD T. OVERBY Gainesville Thirty-Fourth District-DEKALB, Gwinnett, Rockdale A. MELL TURNER Decatur Thirty-Fifth District-WALTON, Henry, Newton EUGENE KELLY Monroe Thirty-Sixth District-COWETA, Meriwether, Pike D. B. BLALOCK Newnan Thirty-Seventh District-CARROLL, Troup, Heard MARVIN C. ROOP Carrollton Thirty-Eighth District-PAULDING, Haralson, Polk B. M. JONES Dallas Thirty-Ninth District-DOUGLAS, Cobb, Cherokee GLEN FLORENCE Douglasville Fortieth District-TOWNS, Union, Rabun W. K. DEAN Young Harris Forty-First District-GILMER, Pickens, Fannin CHARLES E. WATERS Ellijay Forty-Second District-BARTOW, Chattooga, Floyd JEFFERSON L. DAVIS Cartersville Forty-Third District-WHITFIELD, Gordon, Murray C. ERNEST McDONALD Dalton Forty-Fourth District-DADE, Walker, Catoosa JOHN H. WILKINS Trenton Forty-Fifth District-IRWIN, Ben Hill, Telfair TILLMAN PAULK Ocilla Forty-Sixth District-PIERCE, Bacon, Coffee O. W. RAULERSON Patterson Forty-Seventh District-COLQUITT, Tift, Turner DORSEY R. MATTHEWS Moultrie Forty-Eighth District-CRISP, Dodge, Wilcox J. W. MANN Cordele Forty-Ninth District-EVANS, Bulloch, Candler T. J. WOOD Bellville Fiftieth District-OGLETHORPE, Clarke, Wilkes GEORGE B. BROOKS Crawford Fifty-First District-TWIGGS, Houston, Bibb HOMER L. CHANCE Danville Fifty-Second District-FULTON G. EVERETT MILLICAN Atlanta Fifty-Third District-BROOKS, Berrien, Cook H. R. GARRETT Quitman Fifty-Fourth District-JEFF DAVIS, Tattnall, Appling LAWTON R. URSREY Hazlehurst

Page 911

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 Barker, W. O. (Ted) Heard Franklin 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 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 Check, 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. (Deceased) Baker Leary Cowart, J. M. Calhoun Arlington Coxwell, Wm. M. Lee Leesburg Deal, W. Roscoff Bryan Pembroke Dean, Wm. T. Rockdale Conyers 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 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 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 Killingsworth, A. S. Clay Fort Gaines 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 Larkins, J. Floyd Brantley Hoboken 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. (resigned) 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 Stewart, A. L. Ben Hill Fitzgerald 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 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 (Deceased) Leary Baldwin Joseph B. Duke Milledgeville Baldwin W. C. Massee (Resigned) Milledgeville Banks Tom Martin Homer Barrow Robert L. Russell, Jr. Winder Bartow D. Vann Underwood Cartersville Bartow Troy Upshaw Rydal Ben Hill A. L. Stewart 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 J. Floyd Larkins Hoboken 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 A. S. Killingsworth 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 W. O. (Ted) Barker 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 Lincoln 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 Wm. T. Dean 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

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