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. 19580000 English
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1958 19580000 Compiled and Published by Authority of the State
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PRESS OF LONGINO PORTER, INC.HAPEVILLE, GA.
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Compiler's Note To speed publication, the Acts and Resolutions of the 1958 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 826. 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 826 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.
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1958 CLAYTON COUNTYELECTION OF SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 2 (Senate Resolution No. 14). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Clayton 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 VIII, Section V, Paragraph I of
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the Constitution, relating to county boards of education, as amended by a resolution found in Georgia Laws 1953, Nov.-Dec. Sess., page 506, which added provisions relative to the County Board of Education and the County School Superintendent of Clayton County, is hereby amended by striking from that portion added by the aforesaid resolution of 1953 the following: The Board of Education of Clayton County shall, by a majority vote, elect the School Superintendent of Clayton County. No person shall be eligible to hold the office of Clayton County School Superintendent who does not have a master's degree from a recognized educational institution, and at least five years' experience in public school administration. He shall have such additional qualifications as may be fixed by law. The school superintendent serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future superintendents shall be elected by the board as provided heretofore and shall serve at the pleasure of the board. The compensation of the Superintendent shall be fixed by the board. and inserting in lieu thereof the following: The County School Superintendent of Clayton County shall be elected by the electors of Clayton County, instead of by the County Board of Education of Clayton County. Any person, in order to be eligible for the office of Clayton County School Superintendent, must be a resident of Clayton County, must be a graduate of an accredited four-year college or university, and must have had at least three years practical experience in teaching. In the event any of the qualifications of county school superintendents now or hereafter prescribed by general law, or pursuant to general law, are higher than the qualifications prescribed herein, any person, in order to be eligible for the office of Clayton County School Superintendent, must possess such qualifications.
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The County School Superintendent shall be subject to all constitutional provisions and all statutory provisions relative to county school superintendents, unless such provisions are in conflict with the provisions of this paragraph. In the event this amendment is ratified, it shall be the duty of the Ordinary of Clayton County to hold and conduct an election for the purpose of electing the County School Superintendent of Clayton County. The Ordinary shall set the date of such election either for December 15, 16, 17, 18 or 19, in the year 1958. The person elected at such election shall take office January 1, 1959, for a term of four (4) years and until his successor is elected and qualified. The Ordinary shall cause the date and purpose of said election to be published at least once preceding the date of the election in the official organ of Clayton County. The Ordinary shall canvass the returns and certify the result of the election, and he shall also certify the results thereof to the Secretary of the State. All future elections to elect a County School Superintendent shall be held at the same time as members of the General Assembly from Clayton County are elected. The person so elected shall have a term of office of four (4) years and until his successor is elected and qualified. The person serving as County School Superintendent of Clayton County at the time of the ratification of this amendment shall continue to serve through December 31, 1958. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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For ratification of amendment to Constitution so as to provide for the election of the County School Superintendent of Clayton 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 Clayton 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 the State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved January 30, 1958. CHIROPRACTIC PRACTICEQUALIFICATIONS. Code 84-507 Amended. No. 6 (House Bill No. 874). An Act to amend Code section 84-507, relating to the qualifications of applicants for examination to practice chiropractic, as amended by an Act approved March 23, 1939 (Ga. L. 1939, p. 252), so as to provide additional educational requirements; to provide effective dates; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-507, relating to the qualifications of applicants for examination to practice chiropractic, as amended by an Act approved March 23, 1939 (Ga. L. 1939, p. 252), is hereby amended by adding at the end thereof the following: From and after January 1, 1962, in addition to the requirements herein provided, each applicant for examination shall have successfully concluded one year additional general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through said association. From and after January 1, 1964, each applicant for examination shall have successfully concluded two years general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through said association. Code 84-507 amended. So that Code section 84-507, as so amended, shall read: 84-507. Any person wishing the right to practice chiropractic shall make written application to said Board of Chiropractic Examiners through the Joint-Secretary, State Examining Boards, in such form as may be adopted and directed by the Board. Each applicant shall be of good moral character and shall be a graduate of a chartered chiropractic school or college which teaches only attendance courses and requires a four-year standard college course, and said applicant shall have had literary training equaling as much as a regular high school course, of 14 Carnegie units, which school training shall be evidenced by the certificate of any recognized State educational official, that the Governor may appoint, for which certificate the applicant shall pay said official a fee of $2, and no applicant shall appear before the board or be examined without such certificate. Application shall be in writing and shall be signed by the applicant in his own handwriting, and shall be sworn
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to before some officer authorized under the laws to administer oaths, and shall recite the history of the applicant's educational qualifications, how long he has studied chiropractic, what collateral branches, if any, he has studied, the length of time he has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc., and shall accompany said application with satisfactory evidence of good character and reputation. There shall be paid to the Joint-Secretary by each applicant for a license, a fee of $25, which shall accompany said application. A like fee shall be paid for any subsequent application. From and after January 1, 1962, in addition to the requirements herein provided, each applicant for examination shall have successfully concluded one year additional general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through said association. From and after January 1, 1964, each applicant for examination shall have successfully concluded two years general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through said association. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1958. COMMITTEE TO STUDY PROPOSED PURCHASE OF STONE MOUNTAIN. No. 3 (House Resolution No. 286). A Resolution. To appoint a joint House-Senate Committee for the purpose of studying the feasibility of the purchase of Stone Mountain by the State of Georgia.
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Be it resolved by the House of Representatives, the Senate concurring that a joint study committee be created to be composed of five members of the House of Representatives and three members of the Senate for the purpose of studying the needs and costs of acquiring Stone Mountain in DeKalb County, Georgia. Be it further resolved that said committee shall be composed of five members of the House of Representatives to be appointed by the Speaker and three members of the Senate to be appointed by the President of the Senate. Be it further resolved that said committee shall immediately undertake its study and deliberations and report its finding and recommendations back to the General Assembly. Approved February 14, 1958. REQUEST TO CONGRESSTOBACCO ACREAGE ALLOTMENTS. No. 4 (House Resolution No. 338). A Resolution. Relative to restoring tobacco acreage allotments to the 1956 level; and for other purposes. Whereas, as a result of the twenty (20) per cent reduction of tobacco acreage effective in 1957, farmers have suffered and are still suffering a further reduction in purchasing power; and Whereas, as a further result of the recent acreage reduction many farmers are unable to continue growing their small allotted tobacco acreage profitably and it has become necessary that they abandon their farm operations altogether; and
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Whereas, we know it to be a fact that merchants, businessmen, farmers and the general economy of the entire tobacco belt are suffering the adverse effects of the recent acreage allotment reductions; and Whereas, the economic depression the farmers are experiencing because of the price squeeze they are in will eventually affect the over-all national economy; and Whereas, if the farmers are allowed to prosper the over-all economy of our nation will greatly improve; and Whereas, the tillers of the soil constitute the very bed-rock of our democracy and the farm families are our greatest bulwark against Communism, and history records them as being the first to resist tyranny; and Whereas, among farm families of energetic, patriotic boys and girls reared on the farm close to nature juvenile delinquency is seldom heard of; and Whereas, these farm-reared children are a real contribution to our population and are well worth the cost of a healthy farm program; and Whereas, history records that any nation which destroyed its farm families by forcing the people from the rural areas into over-crowded urban areas where juvenile delinquency runs rampant, crime breeds and general unrest prevails shall be destroyed also; and Whereas, the condition of the American farmers today constitutes a national emergency; while the country as a whole has been passing through a 10-year-cycle of unprecedented inflation and increased income, the American farmers and small businessmen have received less and less income above the cost of operations; and Whereas, the steady decrease in farm population and the steady decline in the number of operating
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farms are the most eloquent witnesses to the plight of American agriculture; and Whereas, it is a matter of general knowledge that cigarette-type tobacco imports as well as other agricultural products are steadily increasing and our domestic demands and use of cigarette tobacco is steadily increasing; and Whereas, reduced acreage of tobacco in the U.S.A. is encouraging increased planting of tobacco on foreign soils to the extent that the U.S.A. has dropped from ninety (90) per cent of world production of tobacco to less than fifty (50) per cent of world grown tobacco at this time; and Whereas, increased tobacco acreage is absolutely necessary to the tobacco farmer's survival as increased production will reduce the cost of production, thereby regaining and maintaining our foreign markets of tobacco; and Whereas, the program initiated reducing the support price of undesirable varieties of tobacco will cure about ninety (90) per cent of the tobacco industry ills; this program along with the tobacco acreage going into the soil bank acreage reserve will reduce tobacco production sufficiently and in our opinion to a dangerously low level as the 1957 production is 1/3 less than the 1956 production. A three-year supply on hand is nothing to be alarmed about as a 2 year supply is necessary for tobacco to have ample time to mellow for manufacture. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia delegation in the U. S. Congress and all other officials be requested to initiate the necessary steps to restore the twenty (20) per cent reduction in tobacco acreage allotments, thereby increasing our 1958 tobacco allotment, which requires a twenty-five (25) per cent increase in our 1957 tobacco acreage allotments, to restore the tobacco acreage allotments to the 1956 level.
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Be it further resolved that the Secretary of State transmit a copy of this Resolution to each member of the Georgia Delegation in Congress and to the Secretary of Agriculture of the United States. Approved February 14, 1958. FEDERAL CIVIL SERVICE SYSTEMCONGRATULATED ON 75TH ANNIVERSARY. No. 5 (House Resolution No. 357). A Resolution. Relative to the 75th anniversary of the Federal Civil Service System; and for other purposes. Whereas, the Federal Civil Service System was 75 years old on January 16, 1958, and this event will be observed throughout the entire year, and Whereas, the system provides for the selection of civilian employees of the United States government on a merit basis and the efficient conduct of the government depends to a large degree on the caliber of the career employees who hold a multitude of positions in the various departments and agencies of said government, and Whereas, the maintenance of efficiency in government is of direct and vital concern to the citizens of this and every other State in the Union, and Whereas, the general public has very little knowledge of the service rendered by employees of the government and there is need for an educational effort to develop public understanding and appreciation of the public service and of public servants, and Whereas, Honorable Marvin Griffin, Governor, has
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proclaimed the week of January 12-18, 1958 as Civil Service Week in Georgia, Now, therefore, be it resolved by the General Assembly of Georgia that the officials and employees of the Civil Service System be hereby congratulated upon the 75th anniversary of the Civil Service System and goes on record as recognizing the outstanding contribution to the government and our country by such system and urges the people of this State to appropriately observe the 75th anniversary of the establishment of the Civil Service System throughout the entire year of 1958. Approved February 14, 1958. PRESIDENT OF UNITED STATES CENSURED. No. 6 (House Resolution No. 305). A Resolution. Censuring the President for calling out military forces to enforce integration of the races at Central High School in Little Rock, Arkansas. Whereas, on September 24, 1957, by arbitrary and illegal action unprecedented in the annals of history, the President of the United States federalized the Arkansas National Guard and sent airborne storm troopers of the United States Army into a sovereign state to enforce integration of the races at bayonet point in the Central High School of Little Rock, Arkansas, contrary to the President's positive statement never to use troops in enforcing integration; and Whereas, in so doing, the President sacrificed the honesty and integrity of our highest executive office on an altar of political expediency to appease the NAACP and other radical, communist-sympathizing organizations; and
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Whereas, such action was illegal, unconstitutional and void, as held by Attorney General Eugene Cook in official opinion to the Governor under date of October 17, 1957, in that: (a) It was in direct violation of the Constitution, Art. IV, Sec. 4, declaring that the United States can intervene in state affairs only upon application of the Executive or Legislature thereof; (b) It was in violation of the Posse Comitatus Act, 18 U.S.C.A., 1385. (c) It was in violation of other provisions of law limiting the use of troops to enforcing laws of the land, when in truth and fact, the decision of the Supreme Court sought to be enforced was not the law of the land, but only the law of the case, as held by the United States Court of Appeals for the Fifth Circuit in the case of Indiviglio v. U.S., 26 L.W. 2227 (October 31, 1957). (d) It was contrary to federal statutes and established principles of constitutional law that military forces should not be used in enforcing court decrees until civil authorities had been frustrated in their attempt to so do, when in fact no U. S. Marshal had ever sought to enforce federal court decrees requiring integration in the Central High School. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that this General Assembly does hereby censure the President of the United States, and declares its most emphatic disapproval for this deliberate and palpable executive encroachment of the Constitution and laws. Be it further resolved, that copies of this resolution be dispatched forthwith to the White House and to each member of the Georgia delegation to Congress. Approved February 14, 1958.
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FAYETTE SUPERIOR COURT TERMS. No. 12 (House Bill No. 673). An Act to change the terms of the Superior Court of Fayette County; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of the Superior Court of Fayette County shall commence on the first and second Mondays in March and the second and third Mondays in September of each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1958. STATE-WIDE PROBATION ACTAMENDED. No. 26 (House Bill No. 667). An Act to amend an Act known as the State-wide Probation Act, approved February 8, 1956 (Ga. L. 1956, pp. 27-36), so as to provide for a Director of Probation rather than a Chief Probation Supervisor; to provide that the Chairman of the State Board of Pardons and Paroles shall also be the Chairman of the State Board of Probation; to provide for the salaries of the members of the State Board of Probation; to provide for an Assistant Director of Probation and Field Supervisors; to provide for the salaries and qualifications of the Assistant Director of Probation and Field Supervisors; to provide for qualifications and compensation of circuit probation officers; to provide for revocation of a probated sentence by the sentencing judge; to provide that probation officers shall not be directed to collect funds except those directed to be paid as the result
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of a criminal proceeding and those arising under the Uniform Reciprocal Enforcement of Support Act; to provide for declassification of confidential records; to provide for issuance of a violator warrant in cases of violation of probation; to provide for additional conditions of probation; to provide for the suspension of and revocation of probation upon failure to comply with the terms and conditions of the probation and the procedure connected therewith; to authorize the court to revoke the probation without notice to the probationer under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the State-wide Probation Act, approved February 8, 1956 (Ga. L. 1956, pp. 27-36) is hereby amended by inserting in section 2 after the words, acting in ex-officio capacity, the words: The Chairman of said State Board of Probation shall be the Chairman of the State Board of Pardons and Paroles and he shall be so designated by the Governor for a term of office even with his term of office as a member of the State Board of Pardons and Paroles; and by substituting the figure, $5,000.00, for the figure, $1,400.00, therein, so that said section 2 when so amended shall read: Section 2. There is hereby created a state-wide 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. The Chairman of said State Board of Probation shall be the Chairman of the State Board of Pardons and Paroles and he shall be so designated by the Governor for a term of office even with his term of office as a member of the State Board of Pardons and Paroles. 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 $5,000.00 annually, payable in semi-monthly installments,
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plus travel expenses. A majority of the Board of Probation shall constitute a quorum for the transaction of all business except as hereinafter provided. State Board of Probation. Section 2. Said Act is further amended by striking from section 3 the words, Chief Probation Supervisor, and inserting in lieu thereof of the words, Director of Probation, and by deleting the figure, $7,500.00, and inserting in lieu thereof the figure, $8,500.00, so that section 3 as so amended shall read: Section 3. There is hereby created the office of Director of Probation, 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 $8,500.00 per annum. Any person, in order to hold the office of Director of Probation, 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 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. Director of Probation. Section 3. Said Act is further amended by adding a new section to be numbered section 3A, to read: Section 3A. There is hereby created the office of Assistant Director of Probation and such Field Supervisors as in the discretion of the State Board of Probation may be feasible and desirable. Said Assistant Drcietor of Probation and Field Supervisors shall be elected by the State Board of Probation in the same manner as the Director
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of Probation is elected and the salaries of said Assistant Director of Probation and Field Supervisors shall be not less than $3,600.00 annually nor more than $7,200.00 annually. The requirements to hold either the office of Assistant Director or Field Supervisor shall be not less than those of the Director of Probation. Ass't Director of Probation. Section 4. Said Act is further amended by striking the words, Chief Probation Supervisor, from section 4 and inserting in lieu thereof the words, Director of Probation, so that section 4 as so amended, shall read: Section 4. It shall be the duty of the Director of Probation 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 Director of Probation shall be subject to the final approval of the State Board of Probation. Director of Probation, duties. Section 5. Said Act is further amended by striking the words, Chief Probation Supervisor, from section 5 and inserting in lieu thereof the words, Director of Probation, so that section 5 as so amended shall read: 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 Director of Probation, 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 Director of Probation, 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 Director of Probation 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 Director of Probation
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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 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 officer from his duties in said circuit or circuits, in which 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. Said Act is further amended by striking from section 6 the words, must have at least a high school education, and inserting in lieu thereof the following: must hereafter have at least a high school education, and by striking the figure, $6,000.00, and inserting in lieu thereof the figure, $7,200.00, so that section 6 as so amended shall read: 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 hereafter 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 $7,200.00 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,
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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. Same, qualifications, compensation. Section 7. Said Act is further amended by striking the words, Chief Probation Supervisor, from section 7 and inserting in lieu thereof the words, Director of Probation, so that section 7, as so amended, shall read: Same, duties. 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 Director of Probation and shall keep such records and files and make such reports as are required of him by the director. Section 8. Said Act is further amended by adding at the end of section 8 the words: The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of said probated sentence, and such judge is hereby empowered to revoke any or all of said probated sentence, rescind any or all of said sentence, or in any manner deemed advisable by said judge to modify or change said probated sentence at any time during the period of time originally described for the probated sentence to run, so that section 8, as so amended, shall read: 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 plae 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
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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 shall be considered a part of the sentence of the defendant. The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of said probated sentence, and such judge is hereby empowered to revoke any or all of said probated sentence, rescind any or all of said sentence, or in any manner deemed advisable by said judge to modify or change said probated sentence at any time during the period of time originally described for the probated sentence to run. Probated sentences. Section 9. Said Act is further amended by adding a new section to be numbered section 12A, to read:
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Section 12A. Any other provision of this Act to the contrary notwithstanding, it shall be the duty of a probationer, as a condition to probation, to keep his probation officer informed as to his residence. Upon the recommendation of the probation officer, the court may also require, as a condition to probation and under such terms as the court deems advisable, that the probationer keep the probation officer informed as to the whereabouts of the probationer. The failure of a probationer to report to his probation officer as directed, or upon a return of non est inventus, or other return to a warrant for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that shall appear to be the probationer's county of residence from the records of the probation officer, shall automatically suspend the running of the prorated sentence until the probationer shall personally report to the probation officer and such period of time shall not be included in computing creditable time served on probation nor as any part of the time that the probationer shall have been sentenced to serve. Upon such facts being made known to the court by the probation officer, the court is hereby authorized to revoke the probation without notice to the probationer. Duties of probationer. Section 10. Said Act is further amended by adding at the end of section 14 the words: Provided, however, no probation officer shall be directed to collect any funds except funds directed to be paid as the result of a criminal proceeding and funds in cases arising under the Uniform Reciprocal Enforcement of Support Act and judgment rendered in the said criminal proceeding, so that section 14, when so amended, shall read as follows: 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
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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. However, no probation officer shall be directed to collect any funds except funds directed to be paid as the result of a criminal proceeding and funds in cases arising under the Uniform Reciprocal Enforcement of Support Act and judgment rendered in the said criminal proceeding. Collection of funds, by probation officer. Section 11. Said Act is further amended by adding at the end of section 19 the words: However, these records may be declassified by a majority vote of the State Board of Probation whenever said board deems it advisable, so that section 19 as so amended shall read: Section 19. All reports, files, records and papers of whatever kind relative to the State-wide 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. However, these records may be declassified by a majority vote of the State Board of Probation whenever said board deems it advisable. Probation records. Section 11A. Said Act is further amended by striking section 10 thereof, and substituting in lieu thereof a new section 10, reading as follows: 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 characters; (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
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in an amount to be determined by the court, provided, however, that no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) support his legal dependents to the best of his ability. Terms of probation. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1958. NONRESIDENT REAL ESTATE BROKERS AND SALESMEN. Code 84-1422 Enacted. No. 30 (House Bill No. 734). An Act to amend Chapter 84-14 of the Code of Georgia, as amended, relating to real estate brokers and salesmen, so as to make provisions relative to the licensing of nonresident real estate brokers and salesmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 84-14 of the Code of Georgia, as amended, relating to real estate brokers and salesmen, is hereby amended by adding a new section to be known as section 84-1422 to read as follows: Section 84-1422. The Georgia Real Estate Commission is hereby authorized to enter into reciprocal agreements with similar agencies of other states, so as to provide for the licensing of nonresident real estate brokers and salesmen. The commission shall license only those nonresidents who comply with the law as to giving bond as now required of resident brokers and meets all other statutory requirements of residents except that such non-residents
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shall not be required to maintain a place of business in this State. The commission is hereby granted the discretion of refusing to license any nonresident, if the commission finds it would not be to the best interest of this State to do so. Any nonresident, before being so licensed, must pay the license fee required of a resident and in addition, thereto, must file with the commission an irrevocable consent that suits and actions may be instituted and tried in any county of this State in which a cause of action may arise against such person as a result of any transaction engaged in by such person as a result of his being licensed hereunder. Such consent shall further state that service of any process or pleadings may be made upon the Real Estate Commission, and shall be binding upon such person. In the event any process or pleadings are so served upon the commission or upon a deputy to be designated by it, a copy of such process or pleadings shall be made to be kept on file in the office of the commission and the process or pleadings so served shall be immediately forwarded by registered mail to the address of the person against whom said process or pleadings are directed. No default in any case 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 such process or pleadings was mailed to such person as herein required, and no such default shall be taken within 20 days after the date of such mailing. Reciprocal agreements. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1958. PRACTICE OF DENTISTRYANNUAL REGISTRATION. No. 47 (House Bill No. 712). An Act to amend an Act approved February 9, 1937 (Ga. L. 1937, p. 627), which Act is amendatory of an Act
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regulating the practice of dentistry, approved August 17, 1920 (Ga. L. 1920, p. 132), so as to increase the annual registration fee; to change the date for registration; to provide that failure to register shall be grounds for revocation of a license to practice dentistry; to provide for reissuance of the license after such revocation; to provide an effective date; to provide that certain registration shall be valid until October 1, 1959; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 9, 1937 (Ga. L. 1937, p. 627), which Act is amendatory of an Act regulating the practice of dentistry, approved August 17, 1920 (Ga. L. 1920, p. 132) is amended by striking from section B thereof, subsection 4 of section 16 of an Act approved August 17, 1920 (Ga. L. 1920, p. 132), and inserting in lieu thereof a new subsection 4 which shall read as follows: Annual registration, fees. Subsection 4. Every person engaged in the practice of dentistry in Georgia shall register annually with the Joint-Secretary of the several Examining Boards not later than October 1 each year, and shall pay to said Joint-Secretary an annual registration fee of three ($3.00) dollars each. If registration is not made by October 1 of each year, it shall be made between October 1 and December 31 of each year upon written application therefor and the payment of a fee of ten ($10.00) dollars. No annual registration shall be made after December 31 of each year. The Joint-Secretary of the State Examining Boards shall on or about September 1 of each year send a notice in writing to the last known address of each person registered to practice dentistry in this State informing such person of the provisions of this section. Section 2. Said Act is further amended by inserting in section A thereof following subsection 3 of section 13 of an Act approved August 17, 1920 (Ga. L. 1920, p. 132), a new subsection to be known as subsection 4 which shall read as follows:
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Subsection 4. Of failing to register with the Joint-Secretary of the State Examining Boards by December 31 of each year as required by law. Provided, however, that for a period of twelve months after failure to register a license may be reinstated by payment of a registration fee of $25.00 and the filing of a special application therefor. After this period of twelve months has elapsed a license may be revoked for failure to register and payment of the fee as provided by law. Any license revoked under the terms of this section may be reinstated only upon an applicant's taking the examination required by Code Section 84-713 and paying the fees prescribed by law therefor. Failure to register. Section 3. The provisions of sections 1 and 2 of this Act shall be effective August 1, 1959, and any registration of a dentist made in accordance with law prior to March 1, 1958, shall be valid until September 30, 1959. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1958. GRADING AND MARKETING OF EGGS. No. 48 (House Bill No. 676). 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) and an Act approved February 7, 1956 (Ga. L. 1956, p. 21), so as to redefine fresh eggs; to provide that each container of eggs must be labeled to show weight and standard of quality; to provide that the State of origin may be placed on the label of containers of eggs; to provide for reciprocal marketing agreements and the procedure,
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terms and conditions thereof; 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) and an Act approved February 7, 1956 (Ga. L. 1956, p. 21), is hereby amended by striking sections (b) and (c) from section 1 and inserting in lieu thereof the following: (b) Fresh eggs shall be construed to mean eggs of grade A or better quality which have not been held in cold storage for a period of thirty (30) days or longer. Definitions. (c) Each container of eggs must be labeled to show size or weight class and standard of quality. Section 2. Said Act, as amended is further amended by striking section 5 in its entirety and inserting in lieu thereof the following: Section 5. That the Commissioner of Agriculture shall forward a Certificate of Registration to each wholesale or retail dealer, which certificate shall at all times be properly displayed in the place of business of the firm or person registered, as evidence that these provisions have been complied with. The Commissioner of Agriculture is hereby authorized to cancel or revoke any registration provided for above upon violation of any of the provisions of this Act. Certificate of registration, advertising, etc. At the time of packing and candling of each case of eggs dealers shall affix a label on one end of each case, and on this label may be legibly printed or stamped the name of the State of origin. The date when the eggs were packed and candled; the size and grade of eggs, and the name and address of the packer shall be legibly printed or stamped on this label. Each case of eggs must
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have a two-cent inspection fee stamp, and the stamp shall be canceled by writing or stamping the date the eggs were packed and the certificate number of the packer in the spaces provided on the stamp for same. Words or phrases tending to becloud or nullify the proper classification of eggs shall not be permitted. Each word of the classification, including the name of the State of origin, if given, shall appear in the same size type and color in any printed advertisement. Abbreviations of any word in the classification or in designating the grade and standard to which eggs belong shall not be permitted. Every person advertising eggs for sale, at retail or wholesale, in newspapers, by window displays, or otherwise, shall set forth in such advertisement the classification as to weight and quality of the eggs offered for sale. Such classification shall be set forth in letters equal in size to those advertising the eggs for sale. All eggs offered for sale at retail shall be properly classified in accordance with these regulations: A heavy cardboard or placard, not less than eight by eleven (8x11) inches, shall be conspicuously displayed at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to quality and weight. The name of the State of origin of eggs may appear on said placard. Said placard shall not be required when eggs are packed in properly labeled cartons. The eggs therein shall be required to come up to the standard as placarded. Restaurants, hotels or other eating places shall be required to display a placard where it can be easily seen by customers or in lieu thereof place this information on the menu. Section 3. Said Act, as amended is further amended by adding a new section to be numbered section 11 C, to read: Section 11 C. The Commissioner of Agriculture is authorized to enter into reciprocal marketing agreements with other states to vary the labeling requirements provided
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herein. Such agreements shall not vary the standards of quality and weights provided herein, it being the purpose and intent of this section to promote and encourage interstate marketing of eggs and to authorize variations of labeling as required herein where such variations will promote and encourage the marketing of eggs. Reciprocal marketing agreements. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1958. DENTAL HYGIENISTSEXAMINATION. No. 51 (House Bill No. 715). An Act to amend an Act regulating dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), so as to change the fee required for an applicant to take the examination to become a dental hygienist; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), is amended by striking from section 2 thereof the figure, $10, and inserting in lieu thereof the figure, $25, so that said section as amended hereby, shall read as follows: Section 2. That no person shall practice as a dental hygienist in the State of Georgia until such person has passed a written and a clinical examination conducted by the Board of Dental Examiners of Georgia. The fee for such examination shall be $25, which fee shall be paid to the Joint-Secretary, State Examining Boards. The said Board of Dental Examiners shall issue licenses and license certificates as dental hygienists to those persons who have passed said examination in a manner satisfactory
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to the said board, which license certificate shall be posted and displayed in the place in which said hygienist is employed. Examination fee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1958. LAND CONVEYANCE TO F. S. PRATHER. No. 7 (House Resolution No. 405-1005b). A Resolution. To authorize the conveyance of certain lands in Baldwin County; and for other purposes. Whereas, by a deed recorded in book 38, page 194, in the office of the Clerk of the Superior Court of Baldwin County, Georgia, on September 11, 1948, the said deed being dated April 29, 1948, a copy of which is attached hereto and made a part hereof for reference, certain lands were conveyed to the State Highway Department of Georgia by F. S. Prather, to become a part of State Aid Road, known as project No. F 439 (8), on State Highway No. 29 between Milledgeville and Irwinton, and Whereas, said tract of land conveyed is described as follows: Beginning at a point in the center of the road on the property lines between the lands of the City of Milledgeville and F. S. Prather and on the city right of way line; thence in a southeasterly direction along the center of the road and the property line for a distance of 39 feet to a point 100 feet from the center line; thence 100 feet distant and parallel to the center line along a 0 30 curve to the right to a point 100
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feet left of station 22 + 90; thence along the city right of way line back to the point of the beginning, said tract containing 0.257 acres more or less., and Whereas, the above described property is surplus and is not now used and has not been used and there is no indication that it will be used by the State Highway Department of Georgia for road purposes, and Whereas, the above described property should be returned to the said F. S. Prather in that the consideration for the conveyance by him was one ($1.00) dollar, and that said property has never been used by the grantee therein for the purpose for which it was conveyed. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor act on behalf of the State of Georgia is hereby authorized and directed to convey to F. S. Prather all of the real property described herein, consisting of 0.257 acres, more or less, as described in the deed under which F. S. Prather conveyed the said property to the State Highway Department of Georgia on April 29, 1948, by a deed recorded in book 38, page 194, on September 11, 1948, in the office of the Clerk of the Superior Court of Baldwin County. A copy of the deed and a copy of a plat showing said property being attached to this Resolution. Copy of deed and plat attached to enrolled resolution. Approved February 19, 1958.
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INTEREST IN EDUCATIONAL ADVANTAGES FOR GIFTED CHILDREN. No. 8 (House Resolution No. 246). A Resolution. Providing for study of needs and proposals for increasing educational advantages for gifted children, in the public school system of Georgia. For the betterment of the State of Georgia and the increasing safety of the Republic, as well as for the benefit of the children involved. Be it resolved by the General Assembly of Georgia: (1) That it is timely that especial attention be given to the education of exceptionally gifted children in the public school system of Georgia and the General Assembly hereby expresses interest in affording opportunity for the fuller development of the talents of those children. (2) That the State Board of Education is called on to inform the General Assembly of the status of educational facilities and opportunities now provided for gifted children and to inform the General Assembly of said board's proposals for improving educational advantages for such children; and said Board of Education is invited to make recommendations of any particular assistance which it deems the General Assembly of Georgia may render in providing for the better development of the talents and abilities of such children. (3) And that a copy of this Resolution be delivered to the office of the State Board of Education or to its chairman immediately after adoption. Approved February 19, 1958.
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UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT. No. 52 (Senate Bill No. 224). 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 petitioners 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 an Act known as the Uniform Support of Dependents Law approved February 13, 1951 (Ga. L. 1951, p. 107); to repeal an Act known as the Uniform Reciprocal Enforcement of Support Act approved March 9, 1956 (Ga. L. 1956, p. 703), as amended, by an Act approved March 7, 1957 (Ga. L. 1957, p. 291); to provide that the judgments, decrees and orders obtained under the Uniform Reciprocal Enforcement of Support Act shall
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continue in full force and effect; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part I General Provisions Section 1. Purposes. The purposes of this Act are to improve and extend by reciprocal legislation the enforcement 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 incudes 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:
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(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 pay for this support a fair and reasonable sum according to his means, as may be determined by the court having jurisdiction of the defendant in a proceeding instituted under this Act. Notwithstanding the fact that either spouse has obtained in any State or county a final decree of divorce or separation from the other spouse or a decree dissolving their marriage, the obligor herein 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
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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 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 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. Extend of Duties of Support. Duties of support arising under the law of this State, when applicable under section 6, bind the obligor, present in this State, regardless of the presence or residence of the obligee. Section 4A. A proceeding to compel support under this Act may be maintained where both the obligee and the obligor are residents of or domiciled or found in different counties of this State. Whenever a proceeding
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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 initating county, and where it is written as responding State shall be read as if written responding county. Initiating or responding county. Part II Criminal 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 state 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;
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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. (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 III Civil 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
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of said State or political subdivision to secure reimbursements 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
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by him to the said clerk and to the said sheriff such fees as are allowed by law for filing of petitions and service of processes filed under this Act. Provided, however, the above stated sum shall not be paid to the solicitor general if he is provided by the county in which the petition is handled with an assistant who is an attorney-at-law and whose sole and specific duty is to handle such petitions in which event the sums received shall be paid into the treasury of said county. Providing further, however, that before the said sum shall be paid, an order granting or denying support shall have been entered. 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 officials 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 direct that any part of or all fees and costs incurred in this State, including without limitation by
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enumeration, fees or 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 approve as to form all orders for the payment of the solicitors' general fee and forward the same to the Treasurer of the State for payment. (4) To furnish the solicitors general necessary forms, information and assistance in proceedings under this Act.
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Section 15A. The fee of the solicitor general arising under this Act shall be paid by the Treasurer upon receipt of the order for the payment of such fee that has been approved by the State Information Agency. Payment shall be made from the funds appropriated for the operation of the superior courts. Fee of Solicitor General. Section 16. Duty of the Court of this State as Responding 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
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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 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 as 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 sits to act as probation officer for 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,
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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 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 circumstance is held invalid, such invalidity shall not affect other provisions
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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, p. 107, et seq.) 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, p. 107, et seq.), and said judgments, decrees 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. An Act approved March 9, 1956 (Ga. L. 1956, p. 703), as amended, by an Act approved March 7, 1957 (Ga. L. 1957, p. 291), known as the Uniform Reciprocal Enforcement of Support Act, relating to the enforcement of duty of support by reciprocal legislation is hereby repealed. All judgments, decrees or court orders issued under the authority of the Uniform Reciprocal Enforcement of Support Act shall continue of full force and effect and such judgments, decrees or court orders are expressly validated. The repeal of the Uniform Reciprocal Enforcement of Support Act shall not be construed to reinstate the Uniform Support of Dependents Law herein expressly repealed. Any action now pending under said Act may be prosecuted to a conclusion thereunder unless the plaintiff in such action elects to proceed under the provisions of this Act, in which event the court may enter appropriate orders to effect this purpose. All payments made to the solicitors general for their services and all expenditures by the State under said Act are hereby expressly ratified, confirmed and validated. 1956 Act repealed.
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Section 31. 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 32. 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 33. 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 34. Short Title. This Act may be cited as the Uniform Reciprocal Enforcement of Support Act. Section 35. Time of Taking Effect. This Act shall take effect on adoption. Section 36. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1958. JUNIOR COLLEGE ACT OF 1958. No. 53 (House Bill No. 686). An Act to provide for a system of junior colleges in this State; to provide for a short title for this Act and the system established hereby; to define the terms used in this Act; to authorize certain political subdivisions of the State to establish, maintain and operate junior colleges under the terms of this Act; to provide the procedure for the establishment and operation of junior colleges under the terms of this Act; to provide for the
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powers and duties of the Regents of the University System of Georgia under the terms of this Act; to provide for payment of State funds for the operation of colleges established and operating under this Act; to authorize the budget bureau to transfer funds for the operation of 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 the Junior College Act of 1958 and the system established by this Act shall be known as the Junior College Program of the State of Georgia. Short title. Section 2. As used in this Act, the following terms shall have the following meanings unless a contrary meaning is clearly indicated by the context: (a) Board of Regents or Regents shall mean the Regents of the University System of Georgia. (b) Junior College shall mean a community educational institution constructed and operated by a local operating authority, which shall offer a course of study extending beyond the high school level providing either preparation for further college or terminal education or both, provided that an institution which otherwise would fall under this definition shall not be excluded solely because it offers courses below a college level if such courses are strictly remedial in nature. Definitions. (c) Local Operating Authority shall mean any city, county, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877 or any other political subdivision of the State created for college purposes and possessing the power to tax, which shall possess requisite powers under the Constitution and laws of this State to establish a college or any combination of two or more of the above listed political subdivisions which may be authorized under law to utilize the provision of this Act.
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Section 3. Every city, county, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877 or other political subdivision of the State possessing a power to tax, which shall possess the requisite powers under the Constitution and laws of this State may either alone or in combination with any other such city, county, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877 or other political subdivision of the State establish, maintain and operate one or more junior colleges under the terms of and subject to the provisions of this Act. Establishment of junior colleges. Section 4. Prior to the establishment of a junior college or colleges under the terms of this Act, the local operating authority shall receive the approval of the Board of Regents. The Board of Regents shall have complete authority to approve or disapprove the establishment of a junior college or colleges under the terms of this Act, and shall have authority to prescribe all the minimum standards which shall prevail in the establishment and operation of such institution or institutions. If any junior college or colleges shall have been established by a local operating authority prior to the approval of this Act, such junior college or colleges may be operated under the provisions of this Act upon the approval of such operation by the Board of Regents. Approved by Board of Regents. Section 5. There shall be paid to every local operating authority which shall establish or operate a junior college or colleges under the provisions of this Act a certain sum for each full-time equivalent student, as determined by the Boards of Regents, in said institution or institutions, the exact amount of which shall be determined annually by the Board of Regents from a consideration of the amount of funds available for such purpose, but which shall in no event be less than $300.00 per nine-month academic year for each full-time equivalent student, as determined by the Board of Regents, for teaching, instruction, and maintenance purposes. Such sum shall only be paid or payable to the local operating authority by the Board of Regents if the Board of Regents
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shall annually first declare by resolution that funds are available therefor without hampering the operation of, or reducing the efficiency of, any unit of the university system. Section 6. The Board of Regents shall adopt rules and regulations fixing policies and standards entitling the local operating authority to receive State aid for the support of junior colleges, and shall have authority to make such inspections and supervision as shall be necessary to insure that such policies and standards are met as prescribed by the Board of Regents. If there has been a failure to comply with such policies and standards by any such junior college, the Board of Regents shall have authority to withhold or terminate the payment of any State funds which would otherwise be due under the terms of this Act. Rules and regulations. Section 7. The sum provided for in section 5 of this Act shall be the only direct financial contribution which the State shall make toward the establishment, maintenance and operation of any junior college or colleges established under the terms of this Act. No junior college or colleges established or operated under the terms of this Act shall be a unit of the University System of Georgia. Not units of University System. Section 8. The Budget Bureau is hereby authorized to transfer to the Board of Regents sufficient funds to insure the operation of this Act until such time as provision therefor may be made in the General Appropriations Act. Transfer of funds. Section 8 A. The Board of Regents may cease operation of any school established under this Act at any time said board desires and thereafter no funds shall be payable to the local operating authority. Authority to cease operation. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1958.
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ENCOURAGING EQUAL TREATMENT TO ALL SEGMENTS OF ECONOMY. No. 9 (Senate Resolution No. 84). A Resolution. Whereas, business climate is the net result of all controllable conditions beyond management's direction which affects the cost and ease of operating a business in the State. Maintaining these conditions most favorable requires: 1. Fair and equitable treatment in general legislation and administrative regulation for all segments of Georgia's economy. 2. A framework of government the support of which provides a favorable competitive advantage with other states of similar industrialization and favorable climate. 3. Equitable tax policies and restriction of the cost of government to reasonable levels in providing necessary services efficiently. 4. Fair treatment for all in legislation and administration to maintain harmonious labor-management relations and to protect the rights of individuals and property owners. 5. Fostering, in the public interest, an economic atmosphere which will enable Georgia agriculture and industry to compete for out-of-state markets, remembering that wide marketing of Georgia products brings wealth into the State, thereby raising the standard of living of all our people; and Whereas, Georgia's favorable business climate has been a major factor in encouraging expansions by established industries and the locating of new industries throughout the State; and
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Whereas, for reasons hereinafter set forth, it will be critically important for Georgia to continue to maintain and improve its business climate; and thereby foster the healthy expansion of existing business and the attraction of new industry; and Whereas, the increasing displacement of our farm population magnifies the importance of providing more job opportunities in all Georgia communities; and Whereas, healthy industrialization broadens the tax base, thereby providing much-needed revenues for community facilities and government services for all our people; and Whereas, in this era of rapid industrial expansion and relocation throughout the United States, industries, selecting locations, are vitally concerned about the relative business climate among the states; and the preservation of Georgia's good business climate is in the public interest and can be continued without discriminating against any other interest in Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that this legislature henceforth shall examine all proposed legislation relating to business, industry, and agriculture in terms of its effect upon the business climate of the State, and shall determine whether such legislation may have any future discriminating or deterring effect upon the investment of capital and the creation of needed payrolls in Georgia; and be it further resolved that the members of this General Assembly hereby request the Governor and the directors of each department in the State government to examine their own discretionary actions and orders in any way relating to business industry, and agriculture in terms of the effect of such governmental action upon the business climate in Georgia. Approved February 20, 1958.
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REVOCATION OF LICENSES OF DENTAL HYGIENISTS. No. 54 (House Bill No. 714). An Act to amend an Act regulating dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), as amended, so as to provide that the Board of Dental Examiners may revoke the license of a dental hygienist who shall not perform duties in accordance with law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), as amended, is amended by inserting in section 6 thereof following the words, section 3, the words, or section 4, so that said section, as amended hereby, shall read as follows: Section 6. That the Board of Dental Examiners shall have the power and authority and it shall be their duty to suspend for a period of not less than six months, or to revoke, the license of any licensed dental hygienist in Georgia if, after a hearing by said board, such person is found guilty of violating the provisions of section 3 or section 4 of this Act. Revocation of licenses. Section 2. A record of all hearings and judgments shall be kept by the board and in event of suspension or revocation of license, the board shall within 10 days transmit a certified copy of said judgment to the clerk of superior court of the county or counties in which the license of the licensee affected is recorded. In case of suspension or revocation of license by the board the party affected shall have the right of certiorari to the superior court in the county of his residence as is provided by the laws of Georgia. Certiorari. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1958.
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LIBELMETHOD OF RETRACTION TO MITIGATE DAMAGES. No. 55 (House Bill No. 799). An Act to provide for a method of retraction of libelous statements made by newspapers which shall relieve such newspaper from being liable for punitive damages; to provide that such retraction may be pleaded in mitigation of actual damages; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In any civil action for libel, charging the publication of an erroneous statement alleged to be libelous, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omitted to request retraction. The defendant may allege and give proof that the matter alleged to have been published and to be libelous was published without malice, and that the defendant in the next regular issue of the newspaper or publication, after receiving demand in writing or within seven days if no such demand was made, did correct and retract the statement, or in the next regular issue of the newspaper or publication did publish a sufficient correction, retraction or explanation as conspicuously and publicly as that in which the alleged libelous statement was published, in the same type and in the same place in at least two successive issues of the same periodical publication, accompanied by an editorial in which the allegedly libelous statement was specifically repudiated. Upon proof of such facts the plaintiff shall not be entitled to punitive damages, and the defendant shall be liable only to pay actual damages. The defendant may plead the publication of the correction, retraction or explanation in mitigation of damages. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1957.
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USED CAR DEALERS' REGISTRATION ACT. No. 56 (House Bill No. 836). An Act to provide for a State Board of Registration of Used Car Dealers; to provide for the membership of said board and appointments thereto; to provide that the Joint-Secretary of the State Examining Boards shall be secretary of the board and to provide for his powers and duties; to provide for the qualifications of members of said board and their compensation; to provide for meetings of the board and the powers and duties of the board; to provide for licenses of used car dealers and qualifications therefor; to provide for expiration of licenses and renewal thereof; to provide for supplemental licenses; to provide for the fees for licenses; to provide for the contents of licenses; to provide for the display of licenses; to provide for the suspension and revocation of a license, the grounds therefor and the procedure in connection therewith; to provide that no used car dealer not licensed under the provisions of this Act shall be entitled to receive or use any dealer's registration plates; to provide a penalty for violations of this Act; to provide that this Act shall not limit local licensing and regulating of used car dealers; to provide to which counties this act shall be applicable; to provide an effective date; to provide a short title for this Act; to define the terms used 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 the Used Car Dealers' Registration Act. Short title. Section 2. As used in this Act, the following terms shall have the following meanings unless a contrary meaning is clearly indicated by the context thereof: (a) Motor vehicle or car means any motor propelled vehicle, required to be registered under the laws of this State.
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(b) Used motor vehicle or used car means any motor vehicle or car other than a motor vehicle which has never been the subject of a retail sale by a new motor vehicle dealer or a used motor vehicle dealer to a consumer for his own use or for resale. (c) Used car dealer means any person, firm, association, or corporation engaged in the business of buying, selling, insuring, financing, soliciting, or advertising the sale of used motor vehicles; but shall not include anyone who holds a franchise from a manufacturer of motor vehicles, or is a direct dealer of a manufacturer, even though such franchised motor vehicle dealer shall buy, sell and otherwise deal in used motor vehicles, as well as new ones. The term used motor vehicle dealer does not include: (1) Franchised motor vehicle dealer as above defined, or is a direct dealer of a manufacturer. (2) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court; or (3) Public officers while performing their official duties; or (4) Persons disposing of motor vehicles acquired for their own use and actually so used, when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this article; or (5) Finance companies who shall sell repossessed motor vehicles. (6) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance. (7) Persons, firms or corporations engaged in the business of renting or leasing motor vehicles.
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(d) Established place of business means a salesroom or sales office in a permanent building or on an open lot at which a permanent business of bartering, trading and selling of used motor vehicles will be carried on as such in good faith and at which place of business shall be kept and maintained the books, records and files necessary to conduct the business at such place, devoted entirely to the business of a used motor vehicle dealer, as herein defined. (e) Board means the State Board of Registration of Used Car Dealers. (f) Person means any individual, co-partnership, firm, association, corporation or combination of individuals of whatever form or character. Section 3. It shall be unlawful for any used car dealer to do business in this State without first registering and obtaining a license from the State Board of Registration of Used Car Dealers as hereinafter provided. Crime. Section 4. There is hereby created a State Board of Registration of Used Car Dealers, which shall be composed of five (5) members appointed by the Governor for terms of five (5) years. The original appointments shall be made as follows: One member for a term of five (5) years, one member for a term of four (4) years, one member for a term of three (3) years, one member for a term of two (2) years, and one member for a term of one (1) year and until their successors are appointed and qualified. Said terms are to be staggered so that one new member of the committee will be appointed each year. All members shall be residents of the State of Georgia. A majority of such members shall be used car dealers and two members shall not be used car dealers. Any vacancy on the board shall be filled by appontment by the Governor for the remainder of the unexpired term. One of the members of the board shall be elected chairman annually for a term of one (1) year. Members, terms. Section 5. The Joint-Secretary of the State Examining
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Boards shall be the secretary of the board. He shall issue licenses and certificates and perform such other duties as the board may direct to carry out the provisions of this Act. Joint-secretary. Section 6. The board shall meet as often as is necessary upon the call of the chairman to perform the duties imposed upon it by the terms of this Act. The members of the board shall be paid the sum of $20.00 per day for each day spent in actual attendance at meetings of the board or while on official business, and actual transportation expenses or mileage at the rate provided by law. Provided, however, that the per diem and other expenses of a member shall not exceed nine hundred ($900.00) dollars per annum. Meetings, per diem. Section 7. The board shall have the following powers and duties: (a) To receive applications for registration of used car dealers, and to license such dealers in the manner provided by law. Powers. (b) To suspend or revoke dealers' licenses. (c) To employ such personnel as may be necessary to investigate violations of this Act, and to otherwise perform the duties imposed upon it by this Act. (d) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this Act, provided that no such rule or regulation shall become effective until thirty (30) days after it shall have been mailed to each used car dealer licensed by the board. (e) To do all other things necessary and proper to carry out the provisions of this Act. Section 8. (a) Applications for a license as a used car dealer shall be made to the board and shall contain the information required by this Act, and shall be accompanied by the fee prescribed by law. Dealers' applications.
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(b) Each application for a license shall show that the used car dealer maintains (1) An automobile dealers public liability and property damage insurance with liability limits of not less than $25,000.00 per person, $50,000.00 per accident, personal insurance liability coverage, and $5,000.00 property damage liability coverage, and (2) an established place of business as defined by this Act. (c) All licenses shall expire on December 31 of the calendar year in which issued, but renewal of such license may be made from January 1 to January 31 following the date of expiration. (d) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not contiguous to other premises for which a license is issued. Section 9. The license fee for each calendar year or portion thereof and for each renewal shall be $25.00 for each principal place of business, and $5.00 for each supplemental license for each car lot not immediately adjacent to the principal place of business. License fee. Section 10. The licenses issued under the provisions of this Act shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his business, and the license or supplemental license issued therefor shall be conspicuously displayed on each of such premises. In the event any such location is changed, the board shall endorse the change of location on the license without charge. Licenses. Section 11. The board may suspend or revoke a license for any one or more of the following causes: (1) Material misstatement in an application for a license. (2) Wilful and intentional failure to comply with any
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provisions of this Act or any lawful rule and regulation issued by the board under the provisions of this Act. (3) Failure to have an established place of business as defined by this Act. (4) Failure to maintain the insurance policies required by section 8 (b) of this Act. Section 12. No license shall be suspended or revoked or renewal thereof refused until a written notice of the complaint made has been furnished to the licensee against whom the same is directed, and a hearing thereof has been had before the board. At least ten (10) days' written notice of the time and place of such hearing shall be given to the licensee by registered mail to his last known address as shown on his license or on record of information in possession of the board. At such hearing the licensee shall have the right to be heard personally or by counsel. After hearing, the board shall have the power to suspend, revoke or refuse to renew the license in question. Immediate notice of any such action shall be given to the licensee in the manner herein provided in the case of notices of hearing. Same, hearings. Section 13. No used car dealer not licensed under the provisions of this Act shall be entitled to receive or use any dealer's registration plates for used motor vehicles under the provisions of the motor vehicles laws of the State providing for the issuance of such plates. Use of dealer's plates. Section 14. Any person, firm or corporation who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and punished as provided by law. In addition to such criminal penalty, the board may maintain an action to enjoin any violation, actual or threatened, of this Act notwithstanding the existence of an adequate remedy at law. Crimes. Section 15. Nothing in this Act shall prohibit any lawful regulation or licensing of used car dealers by any city, county or other political subdivision of this State. Local licenses.
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Section 16. The provisions of this Act shall be applicable only to used car dealers whose place of business is in counties which have a population of 30,000 or greater according to the 1950 United States census or any future census. Counties where effective. Section 17. This Act shall become effective April 1, 1958, and all persons required to be licensed hereunder must obtain a license by July 1, 1958. Effective date. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Conflicting laws. Approved February 20, 1958. STONE MOUNTAIN MEMORIAL ASSOCIATION ACT. No. 57 (House Bill No. 946). An Act to create the Stone Mountain Memorial Association as a body corporate and politic and an instrumentality and public corporation of the State; to define certain terms in connection therewith; to provide for its organization and the appointment and terms of office of the members thereof; to authorize the association to acquire from the State or any county or to purchase from any individual association or corporation Stone Mountain and any other property adjacent thereto and rights of way in connection therewith and to construct, reconstruct, lay out, repair, develop, improve, maintain, manage and operate Stone Mountain and property adjacent thereto as a Confederate Memorial; to confer powers and duties upon the association; to authorize the Governor or the governing authority of any county or municipal corporation of the State of Georgia to convey Stone Mountain and other property adjacent thereto and rights of way to the association; to provide for the condemnation of any portion of the property which cannot be acquired by gift or purchase to define the authority of the State Highway
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Department of Georgia with respect to the project; to provide for an association fund; to provide for financing, acquisition, construction, development, improvement, maintenance, management, and operation of the property by the issuance of bonds payable from the revenues, rents and earnings of the association; to prescribe the terms and conditions of such bonds and to authorize the collection and pledging of revenues to their payment and to the cost of acquiring, constructing, developing, improving, maintaining, managing and operating the project; to authorize the execution of a trust indenture to secure payment of such bonds, and to define the rights of the association and holders of such bonds; to provide that the bonds of the association shall not constitute a debt of the State; to prescribe the public and charitable nature of the property of the association and make its property, its bonds, and the income therefrom exempt from taxation; to make bonds of the association legal investments; to authorize the issuance of refunding bonds; to fix the venue and jurisdiction of actions relating to any provisions of this Act, and to provide for the validation of such bonds; to provide for the enforcement of this Act; to provide for the disposition of surplus revenues; to provide for the transfer of funds by the Governor; to repeal conflicting acts; and for other purposes. Whereas, the General Assembly of Georgia has determined that it is appropriate that Stone Mountain and property adjacent thereto be acquired, developed, maintained and operated as a perpetual memorial to the Confederacy and the Confederate States of America, and Whereas, the General Assembly deems it advisable and to the best interests of this State and its citizens to acquire, develop, operate and maintain Stone Mountain and property adjacent thereto as a Confederate Memorial and public recreation area by means of long term revenue bond financing;
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Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Stone Mountain Memorial Association Act. Section 2. Definitions. The following words and terms shall have the meaning hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent: (a) AssociationStone Mountain Memorial Association created by this Act or any authority or body in which the duties and liabilities of the association created hereby may hereafter become vested. (b) BondsAny bonds or other obligations issued by the association under the provisions of this Act, including refunding bonds. (c) ProjectStone Mountain and property adjacent thereto acquired by the association and all accommodations, utilities, facilities, services and equipment necessary or convenient and all property, real, personal or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, developing, equipping, adding to, extending, maintaining, managing and operating Stone Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confederate Memorial and public recreational area, and the construction, improvement, development, maintenance, management and operation, and extension of any part thereof, as to which the association has undertaken or agreed to undertake any action permitted by this Act. (d) Cost of ProjectThe cost of acquisition, construction, development, improvement, equipment, adding to, extending, remodeling, management and operation of the project or any part thereof, including without being limited to, the cost of all lands, properties, franchises, easements, and rights in property; the cost of all machinery
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and equipment necessary for the construction, improvement, development, equipment, adding to, remodeling, management, maintenance and operation of the project; financing charges, interest accruing on any bonds issued by the association prior to and during the period estimated as necessary to complete the construction, development and improvement of the project, and for one year thereafter; the cost of plans and specifications; the cost of engineering, of engineers and architects; legal fees; other expenses necessary or incident to determining the feasibility or practicality of the project or any part thereof; administrative expenses, and such other expenses as may be necessary or incidental to the financing authorized by this Act, including fiscal agents' fees and the estimated cost of operating the project for a period of not exceeding twelve months, and the expense of construction, development, improvement, management, maintenance and operation or any action permitted by this Act with respect to the project and the placing of the same in operation, and including any other expense authorized by this Act to be incurred by the association which is incurred with respect to any action as regards the project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under the provisions of this Act for such project. (e) Governing Authority of a CountyThe commissioner, board of commissioners, commission or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county. (f) Governing Authority of a CityThe council, board of aldermen or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation. Section 3. Stone Mountain Memorial Association. There is hereby created a body corporate and politic and instrumentality and public corporation of this State, to be known as Stone Mountain Memorial Association. It
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shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Section 4. Membership of the Association; appointment; officers; quorum; compensation; books and records. (a) The association shall be composed of the Secretary of State, the Attorney General, the Chairman of the Public Service Commission, the Commissioner of Agriculture, and three members to be appointed by the Governor, the first three appointees so named shall be appointed for terms of one, two and three years as designated by the Governor, and all appointments thereafter made shall be for terms of three years. (b) The Constitutional officers named to said association shall immediately enter upon their duties without further act or formality, and the persons appointed by the Governor shall enter upon their duties as soon as practicable after confirmation of their appointments by the Senate. (c) The association shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. (d) The association may make such by-laws for its government as is deemed necessary, but is under no duty to do so. (e) Any four members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the association by this Act. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid.
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(f) The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the association, for their services. (g) Members of the association shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the association, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the State Auditor at least once in each year. Section 5. Powers of the Association. The association shall have, in addition to any other powers conferred in this Act, the following powers: (a) To have a seal and alter the same at its pleasure. (b) To acquire Stone Mountain and such surrounding area, not to exceed 2,500 acres, if the association may deem necessary for the proper development of Stone Mountain, by purchase from the owner or owners thereof, and to pay therefor such price as may be agreed upon, not to exceed the sum of one million five hundred thousand dollars ($1,500,000.00) if the same be acquired by purchase. (c) To acquire, by purchase, lease or otherwise, and to hold, lease and dispose of in any manner, real and personal property of every kind and character for its corporate purposes. (d) To appoint such additional officers, who need not be members of the association, as the association deems advisable, and to employ such experts, agents, and employees as may be, in its judgment necessary to carry on properly the business of the association; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same; provided
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however, that all legal services for the association except legal services in validating and approving bonds authorized by this Act shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services within or without the State of Georgia, except for validating and approving such bonds. The association herein created shall have authority to pay such federal fees, stamps and all licenses, together with any court costs that may be incurred by virtue of the powers herein granted. (e) To make such contracts and agreements as the ligitimate and necessary purposes of this Act shall require, and to make all other contracts and agreements as may be necessary or convenient in the management of the affairs of the association, or in the operation of the project including, but not limited to, any lease of the project of any part thereof, and any contract with respect to the use of the property or any part thereof for concessions, services or accommodations to be offered to the public within the project area, and any and all persons, firms and corporations, including any public officer or agency, are hereby authorized to enter into contracts leases or agreements with the association upon such terms and for such purposes as may be deemed advisable. (f) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage and operate the project as hereinabove defined, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association. (g) To borrow money for any of its corporate purposes and to issue bonds and other evidence of indebtedness for such purposes as hereinafter provided. (h) To pledge to the payment of its bonds any property or revenues derived therefrom. (i) To establish rates, tolls, fees, and charges for its facilities and services, including fees or charges for access to the Memorial, and to alter such rates and charges,
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and to collect and enforce collection of the same; provided, however, that the association shall be a non-profit organization, and such rates, tolls, fees and charges shall be only sufficient to produce funds necessary to construct, reconstruct, develop, improve, equip, manage and operate the project and to pay the principal of and the interest on obligations of the association and expenses in connection therewith and to create reserves therefrom for the purpose of adding to, extending, improving and equipping the project. (j) To exercise any power which may be granted or authorized to be granted to private corporations, not in conflict with the Constitution and laws of this State nor with the other provisions of this Act. (k) To prescribe rules and regulations for the operation of the project should the Association deem such rules and regulations necessary. (l) To do and perform all things necessary or convenient to carry out the powers conferred upon the Association. (m) To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracts and other equipment and appliances of any public utility in on, along, over or under the project, or any part thereof. Section 6. Condemnation and Conveyance of Property. (a) In the event any portion of Stone Mountain proper or of the area surrounding the mountain, which may be necessary in the opinion of the Governor for use in developing the property, cannot be acquired by purchase, it shall be the duty of the Governor, the State Auditor and the Attorney General to acquire the same by condemnation proceedings in the way and manner provided by the Act approved January 30, 1945 (Ga. L. 1945, p. 120) and the Governor, the State Auditor and the Attorney General are authorized, empowered and directed
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to proceed to acquire by condemnation, as authorized by said Act, and in the way and manner provided by said Act, any such portion of the property deemed by the Governor to be necessary for the proper development of Stone Mountain, which cannot be acquired by the Association by gift or purchase. (b) The Governor of this State is authorized and empowered to convey, on behalf of the State, to the association, Stone Mountain and the property adjacent thereto or any interest therein and any rights-of-way now or hereafter owned by the State. The consideration for such conveyance shall be determined by the Governor and expressed in a deed of conveyance, provided, however, that such consideration shall be nominal, the benefits flowing to the State and its citizens constituting full and adequate actual consideration. Upon such conveyance being executed and delivered, all right, power and authority of any instrumentality, agency, department, or office of the State to possess or improve or otherwise deal with the Stone Mountain property, except as provided by this Act, shall terminate. (c) The governing authority of any county or municipal corporation of this State is authorized and empowered on behalf of such county to convey to the association any interest of such county in Stone Mountain and any property adjacent thereto and any rights-of-way for roads or highways, including such roads and highways traversing any such property, now or hereafter owned by such county. The consideration for any such conveyance shall be determined by the governing authority of such county and expressed in a deed of conveyance, provided, however that such consideration shall be nominal, the benefits flowing to the county and its citizens constituting full and adequate actual consideration. (d) The State, any department, board or agency of the State of Georgia, and any county of the State, are authorized and empowered to furnish to the association any available facilities, machinery, equipment, services or labor needful or necessary in the improvement of the
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property of the association, without cost to the association. The expense of any such facilities of services shall be deemed proper and legitimate expenses of the State or of such department, board, agency or county. Section 7. Transfer of Funds to Association. The Governor is authorized and directed to transfer to the association to use for the purpose of acquiring Stone Mountain and the surrounding area aforementioned any available funds of the State not otherwise appropriated. Section 8. Surveys, plans, specifications and studies by State Highway Department. (a) The State Highway Board is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights-of-way in connection with the project, whether within or without the project area, as may be necessary to the relocation of any roads, streets or highways within the property of the association, and shall at the expense of the department re-locate such roads, streets and highways so as to conform to the plan of the association for the development and improvement of the project. (b) The association may grant rights-of-way, and easements for highways and roads within the project area to the State Highway Department and the State Highway Department is authorized and empowered to lay out, construct, improve and maintain any such roads and rights-of-way, and the cost of any such undertaking shall be deemed to be a proper and legitimate expense of the said highway department. (c) The State Highway Board or its successors and the State Highway Department are empowered to acquire, in any manner now permitted to it by law, real property, interest therein, or rights-of-way for the location and re-location of highways and roads located in proximity to the project, and is authorized and empowered to expend any funds available to it for the purpose of such locating and re-locating, and for constructing,
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improving and maintaining any such highways and roads, and the cost of any such undertaking shall be deemed a proper and legitimate expense of said board or department. Section 9. Association Fund. All revenues in excess of all obligations of the association of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the association for the security of bonds issued hereunder, together with all receipts and gifts of every kind and nature whatsoever shall be and become the association fund. The association, in its discretion, shall pledge or utilize the association fund for any one or more of the following purposes: (a) Pledges to the payment of any bond issue requirements, sinking or reserve funds, as may be provided for under the terms of this Act; (b) Payment of any outstanding unpaid bond obligations or administrative expenses; (c) The most advantageous obtainable purchase, redemption and retirement of the association's bonds pursuant to privileges accorded to the association in the various issues of bonds outstanding; (d) Investment in obligations of the United States or obligations the payment of which is guaranteed by the United States, of guaranteed convertibility or maturity not in excess of five years, provided, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this section. After all outstanding bonds or obligations of the association issued to pay the cost of the project or any part thereof have been paid or satisfied by payment redemption and retirement, or otherwise, all revenues from the project in excess of those necessary to maintain, operate and manage such project (including extensions, renewals,
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and additions thereto), unless otherwise allocated or pledged as herein provided, shall be paid to the State Treasury and become a part of the general funds of the State. Section 10. Bond Limit. The association shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $2,500,000.00 in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of the project, together with negotiable bonds in such additional amount not exceeding $1,500,000 as may be necessary to acquire the property authorized by sub-section (b) of section 5 of this Act to be acquired by the association in the event funds for such acquisition do not become available under section 7 of this Act. Section 11. Same. Terms; sale; interest rate. (a) All bonds of the association shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery; provided that the association may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchasers. All bonds of the association shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder, provided that as to any issue of bonds the association may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of bond. The association may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding held. (b) Such bonds shall be dated, shall bear interest determined as above provided, and shall be payable as to
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both principal and interest in such manner as may be determined by the association. The principal of and interest on such bonds shall be payable solely from the special fund herein provided for such payment. (c) Such bonds shall mature not more than twentyfive years from the date of such bonds, and may be made redeemable before maturity at the option of the association at such price or prices and under such terms and conditions as may be fixed by the association in the resolution providing for the issuance of bonds. Section 12. Same. Form; denomination; registration; place of payment. The association shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination, or denominations, of the bonds and the place or places of payment of the principal and interest thereon which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the association may determine, and provision may be made for the registration of any coupon bond as to principal alone or as to both principal and interest. Section 13. Same. Signatures; seal. All bonds shall be signed by the chairman of the association, shall be attested by the secretary thereof, and shall bear the official seal of the association. Any coupons attached thereto shall bear the signature of the chairman of the association, and may, if the resolution authorizing the issuance of the bonds so provides, be attested by the secretary of the association. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed and attested on behalf of the association by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before
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the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 14. Same. Negotiability; exemption from taxation. All bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of this State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 15. Same. Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman of the association or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds. Section 16. Same. Interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the association may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
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Section 17. Same. Replacement of lost or mutilated bonds. The association may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 18. Same. Condition precedent to and object of issuance. Resolutions for the issuance of such bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. Any resolution, providing for the issuance of bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the association by a majority of its members. Section 19. Same. Credit of State not pledged. Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 20. Same. Security. In the discretion of the association, any issue of such bonds may be secured by a trust indenture by and between the association and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for the project upon the default of any principal or interest payment upon the bonds thereof, and the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other
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charges for the use of the project necessary to pay all costs of operation, the principal and interest on the issue, and cost of collection, and all things reasonably necessary to accomplish the collection of such sums, in the event of any default of the association, and such resolutions or trust indentures may include covenants setting forth the duties of the association in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all monies, and may also contain provisions concerning the conditions, if any, upon which additional bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the association. Such indenture may set forth the right and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indentures may contain such other provisions as the association may deem advisable, reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture or an administrative expense of the association. Section 21. Same. To whom proceeds of bonds shall be paid. The association shall, in the resolution providing for issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 22. Pledge of revenues; sinking fund. The revenues, rents and earnings derived from the project
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may be pledged by the association to the payment of principal and interest on bonds of the association as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, but, except as may otherwise be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any monies in all sinking funds, after all bonds and interest thereon for which such sinking funds were pledged have been paid, may be paid into the association fund provided for in section 8 hereof. Section 23. Same. Refunding Bonds. The association is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of refunding bonds of the association for the purpose of refunding any bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holder thereof and the duties of the association in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable.
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Section 24. Same. Remedies of bondholders. Any holder of bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the association, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State. Section 25. Same. Bonds as legal investment; security for deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, saving banks and saving associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities
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and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 26. Same. Exemptions from taxation; covenant of State. It is hereby found, determined and declared that the creation of the association and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the project erected by it or any fees, rental or other charges for the use of the facilities or services of the project or other income received by the association and that the bonds of the association, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State. Section 27. Same. Fenue and jurisdiction. Any action to declare or to protect or enforce any rights or duties uder the provisions of this Act, brought in the courts of the State, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive original jurisdiction of such actions. Section 28. Same. Validation. Bonds of the association shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Act of 1937, as amended (Ga. L. of 1937 p. 761, as amended). Section 29. Same. Interest of bondholders protected. While any of the bonds issued by the association remain outstanding, the powers, duties, or existence of said association or of its officers, employees or agents shall
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not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance of all project rental and/or lease contracts and all the covenants thereof entered into under this Act. The provisions of this Act shall be for the benefit of the State, the association, and each and every holder of the association's bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds. Section 30. Monies held as trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, or as revenues, tolls and earnings, shall be deemed trust funds to be held and applied solely as provided in this Act, and the bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indentures of the association. Section 31. Same. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; and shall not be regarded as in derogation of any powers now existing. Section 32. Liberal construction of Act. The Act being for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof. Section 33. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect the remaining provision. Section 34. Repealing clause. All laws or parts of
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laws in conflict with the provisions of this Act are hereby repealed. Approved February 21, 1958. STATE RECORDS BUILDING FOR SAFE STORAGE. No. 10 (House Resolution No. 270-687c). A Resolution. Whereas, a committee of the Senate and the House of Representatives was created under House Resolution 194-582a (Res. 97, Ga. L. 1957, p. 550) for the purpose of making a comprehensive study as to the advisability of constructing a building for the purpose of storing valuable records of the State and restoring valuable records to usefulness; and, Whereas, this committee has completed its study of the need for such a structure and has made report of its conclusions, recommending the urgent need for a building to adequately care for the valuable records of the State; Therefore, be it resolved by the House of Representatives and the Senate that construction of a building and matters related thereto, including, but not limiting thereto, the purchase of land, is approved. Be it further resolved that the Budget Bureau is hereby authorized and directed to provide to the Secretary of State the funds necessary to carry out the purposes of this resolution from any available funds. Approved February 21, 1958.
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BRUNSWICK PORT AUTHORITY ACT AMENDED. No. 60 (House Bill No. 1053). An Act amending and supplementing Act No. 314 of the Acts of the General Assembly of 1945, being the Brunswick Port Authority Act, so as to authorize the acquisition and financing of additional facilities, add to the powers imposed in said authority, authorize the execution of leases and purchase agreements; authorizing the bringing of suit for the enforcement of the bonds and agreements of said authority; declaring said authority to be a department and instrumentality of the State; exempting the property, income and bonds thereof from taxation; authorizing the validation of the bonds of said authority in the Superior Court of Glynn County, and making certain provisions with respect to the foregoing. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 3 of Act Number 314 of the Act of the General Assembly of 1945, being the Brunswick Port Authority Act, is hereby amended to read as follows: Section 3. Definitions. As used in this Act, the follow words and terms shall have the following meaning: (a) The word Authority shall mean the Brunswick Port Authority created by section 2 of this Act. (b) The word project shall be deemed to include wharves, docks, ships, piers, quays, elevators, compresses, refrigeration storage plants, and warehouses, and may include buildings and facilities to be used in the manufacturing, processing, assembling, storing or handling of any agricultural or manufactured produce or produce of mining or industry, if the use and operation thereof will in the judgment of the authority result in the increased
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use of the port facilities of the Port of Brunswick. Any project may include other structures and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of approaches thereto, and the construction of belt line railroads, railroad sidings, roads, highways, bridges and causeways necessary or useful in connection therewith, and shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases and air transportation terminals. There may be included as a part of any project any public utility facilities necessary or desirable to supply public utility services to other parts of such project or to the users of any of the facilities of the authority which public utility facilities may include, but without limitation, facilities for the supplying of electricity, gas and water and for the collection and disposal of storm and sanitary sewage. There may be included as part of any project all appurtenances, equipment and machinery of every kind and nature necessary or desirable for the full utilization of the project. (c) The term cost of the project shall embrace the cost of construction and the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural, fiscal agents and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. (d) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings thereof will be sufficient to pay the cost of
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constructing, maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Any buildings or facilities acquired by the authority hereunder which are to be utilized in the manufacturing, processing, assembling, storing or handling of any agricultural or manufactured produce or produce of mining or industry, which may be acquired by the authority for operation by a corporation, entity or persons other than the authority, as distinguished from facilities acquired by the authority for operation by it as a port and allied facilities for the direct use of the public, shall be acquired and financed hereunder only if prior to the issuance of bonds therefor the authority shall have entered into a lease or leases thereof or an agreement or agreements for the sale thereof pursuant to the terms of which the lessees or purchasers shall pay to the authority such rentals or installment purchase payments, or both, as upon the basis of determinations and findings to be made by the authority, will be fully sufficient to pay principal of and interest on the bonds issued for the financing thereof, to build up and maintain any reserves deemed by the authority to be advisable in connection therewith, and to pay the cost of maintaining the buildings and facilities in good repair and keeping them properly insured, unless the leases or agreements obligates the lessees or purchasers to pay for such insurance or maintenance. The authority is given full power and discretion to enter into any such agreements or leases as may in its judgment be desirable for the best interests of the authority. Any such agreement or lease may provide that any surplus capacity of the buildings or facilities which are the subject matter thereof may be utilized by and for the benefit of the general public, in which event such surplus capacity may be maintained or operated, or both, by either the authority or by the lessee or purchaser under the lease or agreement, or in part by each, all as may be provided in the lease or agreement. Any project may include in part one or more buildings or facilities or combinations thereof to be leased or sold as provided in this paragraph and in part other facilities described in subsection (b) of this section, the revenues
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of the whole being allocated and pledged to the financing of the project as a whole, and in such event the requirements of this paragraph applicable to buildings or facilities to be leased or sold, shall be applicable only to the part of the project which consists of the buildings or facilities to be so leased or sold. (e) The terms port and seaport shall include any place, natural or artificial, in Glynn County in which seagoing vessels may be sheltered or loaded or unloaded. (f) The term harbor shall include any place, natural or artificial, in Glynn County in which vessels capable of moving articles of commerce by water borne vessels may be loaded, unloaded or accommodated. (g) All powers granted the authority and all things authorized to be done by the authority under the provisions of this Act may be exercised and done without the necessity for approval thereof by the State of Georgia or by any department, board, agency, instrumentality, political subdivision or officials thereof. (h) Any holder of any bond issued hereunder or a trustee in his behalf and any party to any agreement or lease made by the authority hereunder are hereby empowered to bring suit in any court having jurisdiction thereof against the authority, its members, officers and agents for the purpose of enforcing all agreements and covenants contained in the proceedings authorizing such bonds or in such lease or other agreement, and for damages for any breach thereof. (i) Nothing contained in section 10 hereof shall be so construed as to prevent the execution of leases and agreements by the authority for the lease or sale of all or any part of any project, as long as it is expressly found by the authority that the revenues to be derived from such lease or agreement, together with the other revenues of the project, will be fully sufficient to carry out all the requirements of section 10.
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Section 2. Be it further enacted that section 15 of Act No. 314 aforseaid is hereby amended to read as follows: Section 15. It is hereby found, determined and declared that the authority herein created constitutes a department and instrumentality of the State of Georgia, that the carrying out of the purposes of this act and the powers and duties imposed in the authority will constitute the performance of an essential governmental function of the State, will promote the natural resources of the State, and will benefit the inhabitants of the State, and accordingly it is provided and the State covernants with the holders from time to time of the bonds issued hereunder that: (1) the authority shall be required to pay no taxes or assessments imposed by the State or any of its political subdivisions or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession or supervision, or upon its activities in the operation or maintenance of any such properties, or on any income derived by the authority from such facilities or otherwise, and (2) that the bonds of the authority, their transfer and the income therefrom shall always be exempt from taxation within the State. Instrumentality of the State. Section 3. Be it further enacted that notwithstanding anything elsewhere contained in Act No. 314 aforesaid, any bonds issued thereunder may bear interest at such rate or rates not exceeding six per cent (6%) per annum and may mature at such time or times not exceeding forty (40) years from their date or dates as may be provided by the authority, and may be sold at such price or prices as require the payment of interest on the money received therefrom at not more than six per cent (6%) per annum computed with relationship to the absolute maturity of the bonds. Bonds. Section 4. Be it further enacted that all bonds authorized by the authority under Act No. 314 aforesaid and the proceedings therefor may be validated in the Superior Court of Glynn County in the manner and with
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the effect provided by the Revenue Certificate Act of 1937 (Chapter 87-8, Code of Georgia Annotated), for the validation of certificates or bonds issued under authority of said Act. Bonds, validation. Section 5. Be it further enacted that notwithstanding any laws which may have been enacted by the General Assembly of Georgia subsequent to the enactment of Act No. 314 aforesaid, said Act is hereby continued in full force and effect, and the authority may continue to exercise all powers granted by said Act as amended, it being expressly declared that it was not the intent of the Legislature in any way to abrogate or diminish the powers granted to the authority to develop and operate the Port of Brunswick and to do all things necessary to that end. Section 6. Be it further enacted that the provisions of this Act and the provisions of Act No. 314 aforesaid, as amended hereby, are severable, and if any one or more provisions thereof, or the issuance of bonds thereunder for any one or more purposes therein specified, shall ever be held to be invalid by any court of competent jurisdiction, the remaining provisions thereof or the right to issue bonds for the remaining purposes therein specified shall remain fully effective, it being hereby declared to be the legislative intent that this Act would have been adopted had such invalid provision or provisions, purpose or purposes not been included therein. Constitutionality. Section 7. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed, and that except to the extent of any such conflict, Act No. 314 aforesaid and its provisions are hereby ratified and confirmed. Conflicting Acts. Section 8. Be it further enacted that although this Act, being an act pertaining to a branch of the State of Georgia and affecting the people of the entire State, notice of the intent to introduce such act in the Legislature is not required, there has nevertheless been exhibited to the General Assembly evidence, and it is hereby
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found that the notice of local legislation contemplated by paragraph XV of Section VII of Article III of the Constitution of Georgia was duly published in the newspaper in which sheriff's advertisements for Glynn County and the City of Brunswick are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of this Act into the General Assembly. Such notice so published being as follows: Notice of Intention to Introduce Local Legislation. Notice is hereby given of my intention to introduce and apply for adoption of local legislation at the January-February, 1958, session of the General Assembly of Georgia, which local legislation will consist of a bill to amend or supplement Act No. 314 of the Laws of 1945 creating Brunswick Port Authority, in such manner as to recognize said authority as a branch or instrumentality of the State of Georgia, to continue its existence and full powers, to grant it specific authority to enter into contracts with respect to the construction of various port and related facilities and the leasing and use thereof, to authorize the financing thereof, and to authorize the validation of the bond obligations and proceedings of said authority in the manner provided by law for the validation of revenue certificates. Chas. L. Gowen, Representative, Glynn County. 1/25, 2/1-8 State of Georgia, County of Fulton. Before the undersigned officer duly authorized to administer oaths personally appeared Charles L. Gowen and William R. Killian, Representatives in the General Assembly of Georgia from Glynn County, who after being duly sworn deposes and says under oath that the attached and foregoing notice of local legislation was published in the Brunswick News, the official organ of
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Glynn County, Georgia and the newspaper in which sheriff's advertisements are published once a week for three weeks during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponents who are the authors of said bill for the purpose of showing compliance with the Constitution and the Laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to said bill. /s/ Chas. L. Gowen Charles L. Gowen, /s/ William R. Killian William R. Killian. Sworn to and subscribed before me, this February 10, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 21, 1958. FULTON SUPERIOR COURTCOMPENSATION OF JUDGES. No. 65 (House Bill No. 1120). 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 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
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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. Be it enacted by the General Assembly of Georgia: 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 and 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, seven thousand, two hundred dollars ($7,200.00) in section 1 of the amendment of 1956 (Ga. L. 1956, pp. 541, 542) and inserting in lieu thereof the words and figures ten thousand dollars ($10,000.00), 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 each of the judges of the Superior Court of Fulton County, in addition to the salaries paid by the State, not less than ten thousand dollars ($10,000.00) 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. 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
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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, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 3, 10, 17 days of January, 1958, and on the.....days of.....19..... As provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 27th day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Georgia, Fulton County. My Commission Expires March 8, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia, which convenes on January 13, 1958, 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
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amendatory thereof. Said legislation may contain any matter germane to said act, as amended. J. Ralph McClelland, Jr., Wilson Brooks, Representatives from Fulton County. Jan 3 10 17 Approved February 21, 1958. CORPORATIONS GRANTED CHARTERS BY SECRETARY OF STATENUMBER OF DIRECTORS. No. 69 (House Bill No. 670). An Act to prescribe the number of directors for corporations incorporated by the Secretary of State; to prescribe the effect of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That every corporation having corporate powers and privileges granted by the Secretary of State as required by Article III, Section VII, Paragraph XVII of the Constitution shall have such number of directors, not less than three, as may be provided by its charter, or any amendment thereto heretofore or hereafter granted, or as may be provided by its by-laws in the absence of any such charter provision. Number of directors. Section 2. The effect of this Act shall be that all action heretofore taken by the board of directors of any such corporation shall be valid and binding for all purposes as if this Act had been enacted before such action was taken, and as if such board of directors had been constituted as provided by this Act. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1958.
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MENTAL HEALTH STUDY COMMITTEE EXTENDED. No. 11 (Senate Resolution No. 150). A Resolution. Relative to the Mental Health Study Committee; and for other purposes. Whereas, the Mental Health Study Committee, created by the 1957 session of the General Assembly, has made a recommendation proposing the transfer of the Milledgeville State Hospital from the supervision of the State Department of Public Welfare to the State Department of Public Health, and Whereas, it is felt that this committee should continue its study of the proposed transfer of the Milledgeville Hospital in view of the objections, criticism and praise surrounding the other recommendations of the committee to the 1958 session of the General Assembly, Now, therefore, be it resolved by the General Assembly of Georgia that the Mental Health Study Committee is hereby continued so as to enable the committee to continue its study of the proposed transfer of the Milledgeville State Hospital from the State Department of Public Welfare to the State Department of Public Health. Said committee shall make its recommendation to the General Assembly at the 1959 session, and upon making its report shall stand abolished as of January 1, 1959. Approved March 4, 1958.
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ELECTION LAWS STUDY COMMITTEECOMMENDED, EXTENDED. No. 12 (Senate Resolution No. 159). A Resolution. Relating to the Election Laws Study Committee; and for other purposes. Whereas, the Election Laws Study Committee was created at the 1957 session of the General Assembly of Georgia to conduct a study of all the election laws of this State and all laws relating directly or indirectly thereto; and Whereas, as a result of the first phase of its study, the committee has recommended revisions in the registration laws of this State, and legislation relative thereto has been introduced at this session; and Whereas, the committee will continue to perform its duties and conduct a study of further election laws; and Whereas, the members of the committee have worked conscientiously and industriously; Now, therefore, be it resolved by the General Assembly of Georgia that the Election Laws Study Committee be commended for its efforts and be urged to continue the good work it has started. Be it further resolved that expenses incurred by members and staff members be paid from funds appropriated to or available to the legislative branch of the government, and that the provisions as to limitation of funds contained in the resolution creating the committee are hereby removed. Approved March 4, 1958.
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COMMITTEE TO STUDY TEACHER CERTIFICATION AND ACCREDITING OF SCHOOLS. No. 13 (Senate Resolution No. 50). A Resolution. To create a committee to investigate the procedure of teacher certification and the accrediting of schools, and other phases of education in this State; and for other purposes. Whereas, it is desirable to maintain the highest qualifications possible for teacher certification, and Whereas, it is desirable that the methods employed in the accrediting of schools should be for the purpose of promoting education in this State, and Whereas, the availability of teachers trained in the basic sciences to teach those subjects determines the quality of the education received by the younger generations in this State, and Whereas, it is desirable that the curriculums of the public schools in this State be maintained upon the highest possible plane and the quality thereof should not be sacrificed for purposes of expediency. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee to be composed of four (4) members of the House, to be appointed by the Speaker, and three (3) members of the Senate, to be appointed by the President, to make a thorough investigation as to teacher certification, the accrediting of schools, the curriculums in public schools and the availability of teachers trained in the basic sciences to teach those subjects in the public schools. Said committee is hereby authorized to employ personnel necessary to effectuate the purposes of this resolution. They are further authorized to hold hearings and issue subpoenas to compel the
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attendance of witnesses and the production of documents and to do all things necessary to effectuate the provisions of this resolution. The committee shall make its report to the 1959 session of the General Assembly and shall stand abolished upon making its report. The State Treasurer is authorized to pay the members of this committee the regular per diem which is authorized for members of interim committees while the committee is performing official duties relative to the study and any other expenses for clerical and stenographic help necessary for preparing a report of this committee. Provided, however, the committee shall use no more than 15 days. Approved March 4, 1958. COMMITTEE TO STUDY WAYS OF PROMOTING INDUSTRY IN GEORGIAEXTENDED. No. 14 (Senate Resolution No. 138). A Resolution. To continue a committee to study ways and means of promoting the location of industries in Georgia; and for other purposes. Whereas, a joint committee was created under the provisions of H.R. 45, enacted at the 1957 session of the General Assembly of Georgia, for the purpose of studying ways and means of promoting the location of industries in Georgia, and Whereas, the committee made great progress in its study between sessions, but was unable to bring its findings to a final conclusion prior to the end of 1957, and Whereas, it is of utmost importance that this study be completed,
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Now, therefore, be it resolved by the General Assembly of Georgia that the committee created pursuant to the aforesaid resolution is hereby continued with the same members thereof, and the committee shall make a report of its study and findings to the 1959 session of the General Assembly of Georgia. Such report shall be made on or before December 31, 1958 and the committee shall stand abolished as of that date. The members shall receive the compensation, per diem, allowances and expenses authorized for interim committees. The committee is authorized to employ clerical assistance and obtain materials and supplies as deemed necessary for its study. Approved March 4, 1958. APPROPRIATIONS STUDY COMMITTEES. No. 15 (Senate Resolution No. 144). A Resolution. Whereas, the General Assembly has seen fit to establish an Appropriations Committee of the Senate and an Appropriations Committee of the House of Representatives, and Whereas, the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives have met in joint session during the term of this Legislature of 1958, and Whereas, the members of these committees have undertaken an investigation of each and every department of this State, which has already proven of value to the taxpayers of this State, and Whereas, it is deemed desirable by these committees that these investigations continue beyond the current session of this Legislature.
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Now, therefore be it resolved, by the Senate, with the House of Representatives concurring, that the Appropriations Committee of the House of Representatives and the Appropriations Committee of the Senate be authorized and directed to continue these investigations after this session of the General Assembly is concluded, and that for this purpose. these committees shall be empowered to meet for a maximum of twenty days before the 1959 session, and shall be paid the regular per diem for each day of service rendered by the members of these committees. Be it further resolved that the chairman of these committees shall be empowered to appoint subcommittees for the investigations of each particular de-department and the entire committees or the subcommittees may adjourn from time to time as is deemed necessary for the performance of their duties. Be it further resolved that upon the conclusion of these investigations, a report will be prepared setting forth the findings of these committees to be submitted to the 1959 session of the General Assembly, together with recommendations for necessary legislation or action. Be it further resolved that these committees and sub-committees have the power to subpoena records or witnesses, and to place said witnesses under oath for the purpose of these investigations and shall have the power to cite for contempt any person, firm, corporation, department heads, or employees failing to produce such records or to appear in person before the committees or subcommittees. Be it further resolved that a copy of this resolution be given to each department of State Government and the members of each of these committees. Approved March 4, 1958.
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COMMITTEE TO STUDY MAINTENANCE OF HOSPITAL FACILITIES FOR VETERANS. No. 16 (Senate Resolution No. 172). A Resolution. To create a joint committee of inquiry into the maintenance of hospital facilities for veterans and other veterans and related facilities; and for other purposes. Whereas, there are thousands of disabled Georgia veterans presently confined to United States veterans hospitals and to State hospitals within the State of Georgia; and Whereas, there are long waiting lists of veterans seeking admission to such hospitals and all such facilities are not utilized; and Whereas, there is a shortage of medical personnel and nurses; and Whereas, there are hundreds of thousands of veterans, members of the armed forces, reservists and members of the National Guard in Georgia; and Whereas, it is of utmost importance that their affairs be handled in a proper and efficient manner; 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 three members of the Senate, to be appointed by the President, to inquire into the maintenance and support of the hospital facilities available to Georgia veterans, and the maintenance and support of the National Guard Armories and the Air National Guard Installations of the State of Georgia and the Veterans Wing at the Milledgeville State Hospital and other related facilities.
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The committee is authorized to inspect all the above and to consult with the members of the Georgia congressional delegation relative thereto. The members of the committee are hereby authorized a total of twenty (20) days for such inspections and study and shall report to the 1959 session of the General Assembly. Approved March 4, 1958. INSURANCE RATE STUDY COMMITTEE. No. 17 (Senate Resolution No. 152). A Resolution. Whereas, the Senate has unanimously passed a resolution for the appointment of a committee to study the proposed increased insurance rates in Georgia, and Whereas, the House has passed a similar resolution, and Whereas, the President of the Senate and the Speaker of the House have already appointed their respective committees, and Whereas, both committees are limited to 30 days in which to complete their deliberations and must file their final report within 90 days from adjournment, and Whereas, it would be to the best interests of all concerned that said committees act as a joint House-Senate Committee, in order to save money and prevent an overlapping of duties, and Whereas, said committee should have competent clerical help in their work.
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Now, therefore, be it resolved by the Senate, the House concurring that: 1. Said respective committees be declared to be a joint Senate-House Committee. 2. That said joint committee be authorized to employ competent help in their investigations to be paid out of money appropriated to use of General Assembly. 3. That said committee use the office of the Attorney-General for all legal aid and assistance. 4. That the per diem expenses and mileage of committee members and clerks be paid from funds appropriated for use of the General Assembly. Approved March 4, 1958. COMMITTEE TO STUDY NEED FOR ADDITIONAL LAWS DEFINING AND PROHIBITING BARRATRY, ETC. No. 18 (House Resolution No. 329-785d). A Resolution. To create a joint interim committee of the House and Senate to investigate and hold hearings relative to the need, or lack of need, for legislation further defining and prohibiting barratry and other offenses against the administration of justice; to provide for the organization, powers and duties of said committee; to provide for hearings; to authorize said committee to issue subpoenas and require testimony; to prescribe misdemeanor punishment for failure to respond to any such subpoena, or failure or refusal of any witness to answer any question, without cause; to provide for civil contempt therefor; to provide for witness fees; to declare the procedure relative to examination of
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witnesses; to provide for employment of a clerical and investigative force by the committee; to provide for payment of expenses; to provide legal assistance and representation for said committee; to repeal conflicting laws; and for other purposes. Whereas, this General Assembly is reliably informed that certain persons, corporations and organizations active in this State are fomenting strife, and encouraging and promoting litigation, and Whereas, it is therefore appropriate that this General Assembly make investigation as to the need, or lack of need, for legislation further defining and prohibiting barratry and other specified offenses against the administration of justice; Now therefore be it resolved by the General Assembly as follows: Section 1. There is hereby created a joint House-Senate Committee, to be composed of three members of the House appointed by the Speaker thereof, and three members of the Senate, to be appointed by the President thereof. Said committee shall convene as soon as possible after adjournment of the General Assembly and organize by electing a chairman. Section 2. The jurisdiction of the committee shall extend to making a thorough investigation of the activities of all persons, corporations, organizations, associations and other like groups which seek to institute, promote, finance, bring about, or in anywise encourage litigation in this State. The committee shall conduct its investigation so as to collect evidence and information which shall be necessary or useful in the drafting and preparation of legislation dealing with barratry, champerty, maintenance, the unauthorized practice of law, and other similar offenses. Section 3. Said committee may hold hearings anywhere in the State, and shall have authority to issue
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subpoenas requiring the attendance of witnesses and the production of papers, records and other documents which may be served by any sheriff of this State, or any agent or investigator of the committee, and his return shown thereon. Any person, firm, corporation, association or organization which fails to appear in response to any such subpoena as therein required, or any person who fails or refuses, without legal cause, to answer any question propounded to him, shall be guilty of a misdemeanor and punished as provided by law. Such failure or refusal shall be certified by the committee or its chairman to the appropriate solicitor-general, and in addition, the testimony of such witness, or the production of any books, records, documents or other evidence may be compelled by the superior court of the county wherein such refusal or failure was made. Upon certification of such fact to the judge of the superior court by the chairman of the committee, it shall be the duty of said judge to issue an attachment for contempt against such witness or person as in other cases, requiring the latter to show cause why he or she should not be held in civil contempt. Section 4. The chairman of the committee, or anyone acting in his absence, shall be authorized to administer oaths to all witnesses. Every witness appearing pursuant to subpoena shall be entitled to receive upon request, the same fee as is provided by law for witnesses in the superior courts, and where the attendance of witnesses residing outside the county wherein the hearing is held is required, they shall be entitled to receive the sum of seven ($7.00) dollars after so appearing, upon certification thereof by the chairman to the State Treasurer. Section 5. The committee shall cause all witnesses appearing and testifying to be advised (1) That they have the right to be represented therein by counsel, if they so desire; (2) As to the subject matter under investigation and the purpose thereof; and (3) Upon
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objection by any witness upon the ground of pertinancy, the manner in which the propounded question is pertinent thereto. Any person who fails or refuses to answer a question as referred to in section 3, before being certified for civil or criminal contempt, shall be duly informed of the consequences of such refusal or failure. No witness shall be compelled to incriminate himself, nor shall any witness be subjected to abuse while being examined. Section 6. Each member of the committee shall receive, in addition to actual travel expenses, the same per diem as received by members of other interim committees, while engaged in official duties as a member of said committee. Provided, however, the committee and its employees shall complete their work in 20 days, and if such time authorization is insufficient to complete its work, an additional ten days may be authorized in writing by the President of the Senate and the Speaker of the House. Section 7. Said committee shall be authorized to employ a clerical force and such investigators and other personnel as it may deem nceessary to carry out the provisions of this Act, and may expend moneys for the procuring of information from other sources. Section 8. All funds herein authorized to be spent by the committee, including the per diem and travel expenses of the members thereof, shall be paid out of funds appropriated by law for the General Assembly, upon certification to the State Treasurer of such expenses by the chairman. Section 9. The Attorney General shall be the legal counsel for the committee, and the latter may require services of the Attorney General or an assistant designated by him, in the conduct of hearings and examination of witnesses. Section 10. Unless continued in effect by law, the committee shall complete its investigations and make
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its report, together with any recommendations as to legislation, to the 1959 General Assembly. Section 11. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1958. COMMITTEE TO STUDY POSSIBLE ACQUISITION OF CERTAIN WESLEYAN CONSERVATORY PROPERTY. No. 19 (House Resolution No. 513). A Resolution. Relative to the acquisition of certain Wesleyan Conservatory property; and for other purposes. Whereas, Wesleyan is the oldest chartered woman's college in the world, and Whereas, portions of the property known as the Wesleyan Conservatory property should be acquired by the State for historical purposes, and Whereas, it is desirable that a study be made as to the feasibility and the desirability of obtaining such property, Now, therefore, be it resolved by the General Assembly of Georgia that a committee to be composed of five (5) members of the House to be appointed by the Speaker and three (3) members of the Senate to be appointed by the President is hereby created for the purpose of studying the feasibility and the desirability of acquiring all or any part of the old Wesleyan Conservatory property by the State for historical purposes. Such committee shall make its report to the Governor with its recommendations prior to June 30, 1958, and
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upon making such report shall stand abolished. The committee shall be compensated for not more than ten (10) working days. Approved March 4, 1958. INSURANCE LAWS REVISION COMMITTEE. No. 20 (House Resolution No. 323). A Resolution. A resolution creating the Insurance Laws Revision Committee; and for other purposes. Whereas, the present insurance laws of Georgia are incomplete and in many respects contradictory, overlapping, ambiguous and of doubtful meaning, and some of such laws are obsolete and other such laws are not adapted to the present insurance demands and to the present method of conducting the business of insurance; and Whereas, there are loopholes in the present laws that permit practices which could be harmful to the citizens of this State who purchase insurance; and Whereas, the Supreme Court of the United States has determined that the business of insurance as conducted in this country is interstate commerce and, therefore, potentially subject to regulation by the Congress of the United States; and Whereas, the Congress of the United States by the enactment of Public Law 15 (1945) has declared that the business of insurance shall be subject to regulation by the Congress to the extent that such business is not regulated by State law; and Whereas, certain Federal agencies, particularly the
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Federal Trades Commission, are constantly seeking to assert their jurisdiction over the business of insurance; and Whereas, many of the States of the United States are now re-writing and re-codifying their respective insurance laws and enacting new statutes to the end that the regulation of the insurance industry and the tax revenue therefrom may be retained by the several states; and Whereas, the business of insurance is highly technical and complicated in nature and the re-writing of the insurance laws of this State would be a monumental task which could best be performed by experts in this field; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Insurance Laws Revision Committee. The committee shall be composed of fifteen members as follows: (a) The Comptroller General as Insurance Commissioner (b) The Attorney General (c) Three members of the Senate (d) Five members of the House of Representatives (e) One member to represent the Accident Health Insurance industry (f) One member to represent the Life Insurance industry (g) One member to represent the Fire Allied lines of the insurance industry (h) One member to represent the General Casualty Insurance industry
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(i) One member to represent the Mutual Insurance industry The membership of the committee shall elect the chairman of the committee. The committee shall make its report to the General Assembly not later than the second Monday in January, 1959. The three members from the Senate shall be designated by the Lieutenant Governor. The five members from the House of Representatives shall be designated by the Speaker of the House. The members representing the various insurance industries shall be designated by the Governor. The members of the committee who are to be designated shall be so designated within thirty days after the approval of this Resolution by the Governor, or after it otherwise becomes law. The committee shall conduct a study of the insurance laws of this State and shall prepare and present to the General Assembly new insurance laws which will be more adequate in the light of present conditions. The committee is authorized to hold public hearings if deemed advisable. The committee shall remain in effect until, in the opinion of the chairman, the purposes as set out herein have been accomplished and its work completed. In order to more efficiently perform its duties and accomplish the purposes set out herein, the committee is hereby authorized to employ such technical and clerical help as it deems necessary, including, but not limited to, specialists in the field of preparing insurance laws and codes. The committee is authorized to obtain such materials, supplies and equipment as it deems necessary to accomplish its work. The committee is hereby authorized to appoint sub-committees and adopt any procedures which it feels will best serve the purposes of this Resolution. The Attorney General is hereby authorized to designate a member or members
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of his staff to assist the committee. If any seat on the committee shall become vacant, the Governor shall fill such vacancy. The members of the committee from the General Assembly shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative committees. The members of the committee to be designated by the Governor shall receive $15.00 per diem for each day spent in the performance of the duties provided herein. The Comptroller General and the Attorney General shall be compensated as provided by law for ex-officio offices. All members of the committee, except members of the General Assembly, who shall be reimbursed as provided hereinbefore, shall be reimbursed for actual expenses, including mileage, incurred in the performance of their duties under this Resolution. The Budget Bureau is hereby authorized and directed to provide the funds necessary to carry out the purposes of this Resolution, and the total cost of the project including all per diem of members of the committee and salaries for employees or agents shall not exceed $50,000.00. Approved March 4, 1958. MOTOR VEHICLES TAX LAWS STUDY COMMITTEE. No. 21 (House Resolution No. 437). A Resolution. Creating a committee to make a study of taxes, fees and related matters applicable to motor vehicles; and for other purposes. Whereas, the owners of motor vehicles are subject to an increasing number and amount of taxes, fees, charges and other assessments; and
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Whereas, the Georgia motorist pays an average of $180.00 per year as follows: Gasoline taxes, State and Federal $81.02 Motor vehicle license fees 12.12 State sales tax 23.33 Property tax on vehicles 34.03 Federal automotive taxes 29.50 Total $180.00 and Whereas, there is a divided authority in the collection of taxes and fees, in that the State collects for license tags, the counties and cities for property assessments, and many taxes and fees are overlapping; and Whereas, various suggestions have been made and many different proposals have been introduced in the General Assembly in previous years relative to license tag fees, ad valorem taxes on motor vehicles, and similar and related matter; and Whereas, the time has now come for a just, equitable and uniform procedure to be formulated relative to motor vehicle taxes, fees, charges and other assessments. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee to be composed of eight members. The President of the Senate shall appoint three members of the Senate to said committee, and the Speaker of the House shall appoint five members of the House to said committee. The committee shall meet within sixty days after the adjournment of the General Assembly, for the purpose of organizing and electing a chairman and such other officers as it deems advisable. The committee shall formulate its own procedure and is hereby authorized to employ clerical help and obtain such material and supplies as it deems necessary to
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accomplish its study. The committee is hereby authorized to call upon the members of the Bill Drafting Unit in the Attorney General's office to assist it in the performance of its duties. The committee is hereby authorized to subpoena witnesses and records and material, and is authorized to take testimony under oath. The members of the committee shall receive the compensation per diem, allowances and expenses authorized for members of interim committees, but shall receive the same for not more than fifteen days. The committee shall conduct a study into all phases and all matters relative to taxes, fees, charges and other assessments with reference to motor vehicles, and shall seek to find solutions to the problems outlined heretofore. The committee shall call upon State and local officials and any other persons who have knowledge of such matters. It shall make a report of its findings to the 1959 session of the General Assembly on or before January 15, 1959, and the committee shall stand abolished as of that date. Such report shall contain the findings of the committee and shall be accompanied by such legislation as the committee deem advisable. The report may be distributed to such persons as the committee desires. Approved March 4, 1958. GEORGIA'S SIGNERS OF U. S. CONSTITUTION TO BE HONORED. No. 22 (House Resolution No. 271-687d). A Resolution. Authorizing the placing of busts of the two Georgia signers of the United States Constitution in the Georgia Hall of Fame at the State Capitol; and for other purposes.
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Whereas, Georgia had two revered signers of the United States Constitution, Abraham Baldwin and William Few; and Whereas, these two great men have never been suitably honored by any tangible evidence of their greatness; and Whereas, the rotunda of the State Capitol Building has been designated as the Georgia Hall of Fame and this would be an ideal place in which to honor these great Georgians; and Whereas, the Georgia Society, Daughters of the American Revolution has requested the General Assembly to authorize the placing of marble busts of these men in the Georgia Hall of Fame, Now, therefore, be it resolved by the General Assembly of Georgia that marble busts of Georgia's two signers of the United States Constitution, Abraham Baldwin and William Few, be placed in the Georgia Hall of Fame. Be it further resolved that a committee be appointed, composed of three members of the House of Representatives to be named by the Speaker, and two members of the Senate to be named by the Lieutenant Governor, and the Secretary of State, who is hereby designated chairman of the committee, to conduct all the necessary matters relative to the purposes set out herein. Be it further resolved that the Governor is hereby authorized and directed to provide the necessary funds from any available sources to carry out the purposes of resolution. Approved March 4, 1958.
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BOARD OF DENTAL EXAMINERS. Code 84-713 Amended. No. 70 (House Bill No. 713). An Act to amend Code Section 84-713 pertaining to licenses to practice dentistry, as amended by an Act approved March 3, 1955 (Ga. L. 1955, p. 325), so as to change the fee required of an applicant to take an examination for a license to practice dentistry; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-713 pertaining to licenses to practice dentistry, as amended by an Act approved March 3, 1955 (Ga. L. 1955, p. 325) is amended by striking therefrom the figure, $25, and inserting in lieu thereof the figure, $50, so that said section, as amended hereby, shall read as follows: Fee for examination. 84-713. All applications to the Board of Dental Examiners of Georgia shall be made through the Joint-Secretary, State Examining Boards. Each person applying for examination for license to practice dentistry shall at the time of making his application pay to such Secretary a fee of $50 which fee shall not be refundable; and each person applying for the renewal of a license or authority to practice dentistry or for the establishment of a license or authority that has been lost shall at the time of making his application pay to such Secretary a fee of $5. Such fees shall cover the entire service for granting or issuing licenses to practice dentistry. The Joint-Secretary, State Examining Boards, shall remit all fees arising under the provisions of this Chapter to the State Treasurer. Out of the funds thus arising there shall be paid to each member of the Board as compensation for his services the sum of $15 for each day actually spent in the duties of his office, and in addition thereto his actual expenses while in attendance upon the meetings of the Board and his actual traveling expenses; and
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from such funds there shall also be paid the pro rata share of the salary and office expenses of the Joint-Secretary, State Examining Boards, as contemplated by Chapter 84-1. The Board may authorize the payment of the expenses of one of its members to the annual meeting of the National Association of Dental Examiners and also the annual membership dues to such Association and all other incidental expenses. All expenditures authorized by the Board shall be paid from the funds received under the provisions of this Chapter, and no part of the salary of any member or officer of the Board or of any other expense incurred by the Board shall ever be paid out of any other funds in the State treasury. All money received in excess of the expenses ordered to be paid under the provisions of this Chapter shall be held by the State Treasurer as a special fund for meeting the expenses of the Board. The Board shall make an annual report of its proceedings to the Georgia State Dental Society, including all money received and disbursed under the provisions of this Chapter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1958. VENUE OF ACTIONS AGAINST INSURANCE COMPANIES. Code 56-601 Amended. No. 71 (House Bill No. 984). An Act to further amend Code Section 56-601, relating to the venue of suits against insurance companies, as amended and changed by an Act approved March 13, 1957 (Ga. L. 1957, pp. 645-647), by adding thereto a proviso that any action or suit on the bond of a sheriff, or other arresting or law enforcement officer, upon which any guaranty or surety company or fidelity
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insurance company is obligated as surety, shall be instituted in the county of the residence of such officer, and not elsewhere, to declare this Act to be remedial, to provide for its application to pending suits, to provide a separability clause, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same as follows: Section 1. Code Section 56-601, relating to the venue of suits against insurance companies, as amended and changed by an Act approved March 13, 1957 (Ga. L. 1957, pp. 645-647), be and the same is hereby further amended by adding thereto the following proviso: Provided further, that any action or suit on the bond of a sheriff, or other arresting or law enforcement officer, upon which any guaranty or surety company or fidelity insurance company is bound and obligated as surety, shall be instituted in the county of the residence of such officer, and not in any other county; and the county of the residence of such officer is hereby fixed as the venue of any action or suit on such bond; so that said Code section, when thus amended, shall read and provide as follows: Actions on bonds of arresting officers. 56-601. Venue. Whenever any person shall have any claim or demand on any insurance company, such person may institute suit in the county where the principal office of the company is located, or in any county where the company shall have an agent or place of doing business, or in any county where such agent or place of doing business was located at the time the cause of action accrued or the contract was made, out of which said cause of action arose: provided, however, that when any claim or demand on any insurance company is in the principal amount of $3,000 or less, such person may institute suit in a county where the property covered by an insurance contract upon which action is brought is located or where the person covered by an insurance contract upon which action is brought maintains his
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legal residence. For the purpose of this proviso, personal property shall be deemed to be located in the county of the legal residence of the owner thereof, and for the purpose of bringing a suit under this section, a company which has written a contract of insurance upon persons or property located in a particular county shall be deemed to be transacting business in such county, and shall be deemed to be a legal resident of such county; Provided further, that any action or suit on the bond of a sheriff, or other arresting or law enforcement officer, upon which any guaranty or surety company or fidelity insurance company is bound and obligated as surety, shall be instituted in the county of the residence of such officer, and not in any other county; and the county of the residence of such officer is hereby fixed as the venue of any action or suit on such bond. Section 2. If any section, provision, sentence or phrase of this Act shall be declared unconstitutional, or void for any other reason, such adjudication shall not affect the other sections and provisions hereof, but the same shall be preserved, and the remainder thereof shall be left intact and valid. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1958. PUBLIC RECREATIONAL FACILITIESCONTROL. No. 72 (House Bill No. 973). An Act to repeal an Act approved February 8, 1956 (Ga. L. 1956, p. 22) entitled an Act to authorize the State or any county, municipality, corporation, or other political subdivision thereof 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
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dedicated to public use for recreational or other park purposes, as amended particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 606); to reinstate the law pertaining to the granting of concessions in any park or other property under control of the Department of State Parks as provided by sub-section (g) of section 4 of an Act approved March 5, 1937 (Ga. L. 1937, p. 264, 276), as amended; to reinstate the Act pertaining to the sub-letting of property under lease from the United States government by the Director of the Department of State Parks approved February 21, 1951 (Ga. L. 1951, p. 479), as amended particularly by the Act approved February 12, 1952 (Ga. L. 1952, p. 86); 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 the State or any county, municipality, corporation, or other political subdivision thereof 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, approved February 8, 1956 (Ga. L. 1956, p. 22), as amended particularly by an Act approved March 9, 1956, (Ga. L. 1956, p. 606), is hereby repealed in its entirely. 1956 Acts repealed. Section 2. The granting of concessions in any park or other property under the control of the Department of State Parks shall be henceforth controlled by the provisions contained in sub-paragraph (g) of section 4 of the Act entitled an Act to create the Division of Natural Resources and four (4) subdivisions thereof, approved March 5, 1937 (Ga. L. 1937, p. 264), as amended. Section 3. The method and terms of sub-leases of property held by the State under the control of the Department of State Parks shall henceforth be controlled by the provisions of the Act pertaining thereto, approved March 21, 1951 (Ga. L. 1951, p. 479), as amended particularly
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by an Act relating thereto approved February 21, 1952 (Ga. L. 1952, p. 86). Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1958. STATE HIGHWAY DEPARTMENT TO REIMBURSE DEPARTMENT OF LAW AND COUNTIES FOR CERTAIN LEGAL SERVICES. No. 74 (Senate Bill No. 219). An Act to authorize the State Highway Department to reimburse the State Department of Law for expenses incurred for legal services by any assistant attorney general or deputy assistant attorney general assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on State road system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When the Attorney General of Georgia shall assign any assistant attorney general or any deputy assistant attorney general to perform specific items of legal service in connection with the acquisition of rights-of-way for any project on the State road system constructed, or to be constructed, by the State Highway Department of Georgia; and when such services shall be designated by the Attorney General to include specific items of legal services in connection with specific highway projects and for legal services involving the trial or preparation for trial of individual condemnation cases on such project or projects; or a group or series of condemnation cases in connection with a specific project or projects, the State Highway Department of Georgia shall be authorized and directed to reimburse the State Department
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of Law for expenses incurred for such services as hereinafter provided. Provided further that the State Highway Department shall also reimburse the counties of this State for legal expenses as hereinabove enumerated, incurred by them in acquiring rights-of-way for highway construction or alterations for highways, which are on the interstate system of highways. Section 2. From time to time the Attorney General shall submit to the State Highway Department a statement of the expenses of such legal services incurred by the State Department of Law, such statements to include the names of the assistant attorneys general or the deputy assistant attorneys general performing such services, the items of legal services performed and the cost thereof; and notwithstanding any other provision of law the State Highway Department is hereby authorized and directed to reimburse the State Law Department for such expenses, from funds available for right-of-way acquisition. Section 3. That all laws or parts of law in conflict with this law be, and the same are hereby repealed, or modified insofar as the same may be necessary to avoid conflict herewith. Approved March 13, 1958. JEKYLL ISLAND AUTHORITY EMPLOYEES ELIGIBLE TO JOIN EMPLOYEES' RETIREMENT SYSTEM. No. 75 (Senate Bill No. 218). An Act to authorize all eligible officers and employees of the Jekyll Island State Park Authority to become members of the Employees' Retirement System of Georgia as established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended; to authorize the payment of contributions under said system; 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 the authority of the same, that: Section 1. All eligible officers and employees of the Jekyll Island State Park Authority shall be subject to a merit system of employment as promulgated by the Jekyll Island State Park 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, provided, however, any officer or employee of the authority already a member of the Employees' Retirement System by virtue of services with a State department, shall be entitled to credit for his total services with the authority. There shall be paid from the funds appropriated for the operation of the Jekyll Island State Park 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. Section 2. All laws in conflict with the provisions of this Act are hereby repealed. Approved March 14, 1958. FEES FOR CRIMINAL BONDSAMOUNT. Code 27-501 Amended. No. 82 (House Bill No. 980). An Act to amend Code section 27-501, as amended, relating to the fees for criminal bonds, so as to change the fees which may be charged for such bonds; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. Code Section 27-501, as amended, relating to the fees for criminal bonds is amended by striking therefrom the words, first $100 principal, and not more than five per cent on each succeeding $100, and inserting in lieu thereof the words, principal amount of such bonds, so that said section, as amended hereby, shall read as follows: Code 27-501 amended. Section 27-501. Sureties on criminal bonds in any court shall not, when receiving compensation, charge or receive more than 10 per cent of the first $500.00 of the principal amount of said bonds and 5 per cent of the principal amount of said bonds over $500.00, from defendants or from anyone acting for defendants. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. TO AUTHORIZE CERTAIN COUNTIES TO LEVY A TAX ON PIN BALL MACHINES. No. 83 (House Bill No. 831). An Act to authorize and empower the governing authorities of certain counties to license amusement machines or devices, commonly known as pin ball machines; to provide a procedure for the enforcement of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of all counties having a population of not less than 20,300 and not more than 20,900, according to the 1950 United States census or any future census are authorized and empowered to levy such license taxes as said governing authorities may
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deem expedient or necessary upon the operation of coinoperated amusement machines or devices, commonly known as pin ball machines. Section 2. Without limitation as to other methods by which the payment of such licenses may be enforced, the provisions of Code Sections 92-3906, 92-3907, 92-3908, 92-3909, 92-3910, 92-3911 and 92-3912 are hereby declared to be applicable to said licenses. Enforcement. Section 3. All laws and parts of law in conflict with this Act are hereby repealed. Approved March 17, 1958. CHEROKEE JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 92 (House Bill No. 876). An Act to amend an Act placing the Solicitor-General of the Cherokee Judicial Circuit on a salary basis in lieu of a fee basis, approved August 26, 1931 (Ga. L. 1931, p. 624), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1726), so as to change the compensation of the solicitor-general; 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 placing the Solicitor-General of the Cherokee Judicial Circuit on a salary basis in lieu of a fee basis, approved August 26, 1931 (Ga. L. 1931, p. 624), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1726), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the solicitor-general of said judicial circuit shall be the sum of eight thousand
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($8,000.00) dollars per annum in addition to any compensation and allowances received from the State. Said salary of eight thousand ($8,000.00) dollars shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such parts or portion of said salary as its population bears to the total population of all counties in said circuit, according to the official Federal census of 1950, until completion and promulgation of the next official census, and then in like manner, according to such succeeding Federal census, and so on, according to each succeeding official census, except those counties in said circuit which now have or may hereafter have city or county courts with jurisdiction over misdemeanor crimes shall pay to said salary on the basis as fifty per cent of their population bears to the total population of all the counties of said circuit. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to said solicitor-general quarterly, in each year, out of the funds of said counties; that is to say, on the first days of April, July, October, and January, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually, when levying and collecting of sufficient taxes in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of eight thousand ($8,000.00) dollars and the compensation and allowances received from the State shall be full payment for all the services of said solicitor-general, for all travel expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistance engaged or employed by him, except as otherwise provided in this Act, as amended. Salary. Section 2. The provisions of this Act shall become effective
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on the first day of the month following the month in which it is approved by the Governor, or in which it otherwise becomes a law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil T. Smith, Homer E. Winkle, Fred F. Long, William B. Greene, Woodrow H. Bradley, and Buford A. Ingle, who, on oaths, deposes and says that they are the Representatives from Whitfield, Murray, Bartow and Gordon Counties, composing the Cherokee Judicial Circuit, and that the following notice of intention to introduce local legislation was published in Whitfield County, Georgia in The Dalton Citizen; in Bartow County, Georgia in The Bartow Herald; in Gordon County, Georgia in The Calhoun Times; and in Murray County, Georgia in The Calhoun Times; and in Murray County, Georgia in The Chatsworth Times; all newspapers being the official organs of the respective counties, on the following dates: December 12, 1957; December 19, 1957; and December 26, 1957. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia legislation to amend the Act of 1931 (Ga. L. p. 624-629), as amended by the Act of 1949 (Ga. L. p. 1726-1729) setting the salary of the Solicitor-General of the Cherokee Judicial Circuit; to provide for an increase in said salary; to create the position of assistant solicitor-general, fix his compensation, qualifications, duties; and for other purposes. This 10th day of December, 1957. /s/ Virgil T. Smith, Virgil T. Smith, Rep. Whitfield County.
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/s/ Woodrow H. Bradley, Woodrow H. Bradley, Rep. Bartow County. /s/ William B. Greene, William B. Greene, Rep. Bartow County. /s/ Fred F. Long, Fred F. Long, Rep. Murray County. /s/ Homer E. Winkle, Homer E. Winkle, Rep. Whitfield County. /s/ Buford A. Ingle, Buford A. Ingle, Rep. Gordon County. Sworn to and subscribed before me, this 29th day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 17, 1958. OCONEE JUDICIAL CIRCUIT TREUTLEN COUNTY EXCLUDED DUBLIN JUDICIAL CIRCUIT TREUTLEN COUNTY INCLUDED. Code 24-2501 Amended. No. 107 (House Bill No. 885). An Act to provide that the County of Treutlen shall become a part of the Dublin Judicial Circuit; to remove the County of Treutlen from the Oconee Judicial Circuit; to provide for the transfer of proceedings and litigations
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pending in the Superior Court of Treutlen County from the Oconee Judicial Circuit to the Dublin Judicial Circuit; to provide for the terms of the Superior Court of Treutlen County; to amend Code section 24-2501, as amended, particularly by an Act approved February 16, 1956, relating to the judicial circuits of this State and the counties comprising each circuit (Ga. L. 1956, p. 95), so as to include the transfer provided herein; 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 May 31, 1958, the County of Treutlen is hereby removed from the Oconee Judicial Circuit and is hereby made a part of the Dublin Judicial Circuit. Effective date. Section 2. All proceedings and litigations, civil, equitable and criminal, pending in the Superior Court of Treutlen 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 Dublin Judicial Circuit and its jurisdiction. Transfer of proceedings. Section 3. The terms of the Superior Court of Treutlen County shall begin on the third Mondays in February and August of each year. Terms. Section 4. Code Section 24-2501 as amended by an Act approved February 16, 1956, relating to the Judicial Circuits of this State and the counties comprising each circuit, is hereby amended by striking the paragraph relating to the Dublin Circuit and inserting in lieu thereof, Dublin Circuit, composed of the counties of Laurens, Johnson, Twiggs and Treutlen, and by striking the paragraph relating to the Oconee Circuit and inserting in lieu thereof the following: Oconee Circuit, composed of the counties of Dodge, Montgomery, Pulaski, Telfair, Bleckley
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and Wheeler, so that said code section as so amended shall read: 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. Coweta Circuit, composed of the counties of Carroll, Coweta, Heard, Meriwether and Troup.
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Dublin Circuit, composed of the counties of Laurens, Johnson, Twiggs and Treutlen. 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 and Wheeler. 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.
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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. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. ATLANTA JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 112 (House Bill No. 1158). An Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit approved
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August 11, 1924 (Ga. L. 1924, p. 255), and the several Acts amendatory thereof, and as particularly amended by the Act approved January 26, 1950 (Ga. L. 1950, p. 2008) and as amended by the Act approved February 13, 1956 (Ga. L. 1956, p. 91), and as amended by the Act approved March 5, 1957, (Ga. L. 1957, p. 202), fixing the compensation of the solicitor-general, first assistant solicitor-general and assistant solcitors-general, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. The Act approved August 11, 1924 (Ga. L. 1924, p. 255), and the several Acts amendatory thereof, and as particularly amended by the Act approved March 5, 1957, (Ga. L. 1957, p. 202), be and the same is hereby further amended by striking from line seven of paragraph 1 of said amendatory Act of 1957 the words fourteen thousand four hundred dollars per annum and inserting in lieu thereof the words Sixteen Thousand Eight Hundred Fifty Dollars per annum so that said section, as amended, shall read as follows: The statutory salary of the solicitor-general of said circuit shall be the sum of Sixteen Thousand Eight Hundred Fifty dollars per annum, which shall be in addition to the salary of two hundred fifty dollars per annum prescribed by Paragraph 1, Section 12, of Article 6 of the Constitution of this State, and the said statutory salary shall be paid out of the general treasury of Fulton County, and it shall be and it is hereby made the duty of the Commissioners of Roads and Revenues of Fulton County or such other board of persons as may, from time to time, exercise the same or similar powers as are now exercised by said commissioners, to cause said statutory salary to be paid to the solicitor-general in equal monthly installments. The funds for the payment of the salary of said solicitor-general shall be provided by the board of commissioners of roads and revenues in the same manner and from the same source as the operating expenses of Fulton Superior Court and as a part thereof. The said statutory
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salary shall be in full payment for all the services of the solicitor-general in criminal cases, except as to service in the Supreme Court and the Court of Appeals of Georgia, which latter services shall be compensated as now provided by the general laws of this State. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publications of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 30th day of December, 1957, and on the 6, 13 days of January, 1958. As provided by law. /s/ Frank Kempton.
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Subscribed and sworn to before me, this 27th day of January, 1958. /s/ Bessis K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of Georgia, convening on the second Monday in January, 1958, 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), and the Acts amendatory thereof, by fixing the compensation of the solicitor-general, the first assistant solicitor-general and the trial assistant solicitors-general and for prescribing the number of assistant solicitors-general and for other purposes. Paul Webb, Solicitor-General, Atlanta Judicial Circuit. Dec. 30, Jan. 6-13. Approved March 17, 1958. ACT REGULATING INSTALLATION OF WARM AIR HEATING EQUIPMENT AMENDED. No. 125 (House Bill No. 995). 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, so as to change the classification of the counties affected by such 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 providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. L. 1949, p. 1622), is hereby amended by striking from the title thereof the figure 85,000, and inserting in lieu thereof the figure 60,000 and by striking from the title the figure 1940, and inserting in lieu thereof the figure 1950. Section 2. Said Act, as amended, is further amended by striking from section 1, the figure 85,000, and inserting in lieu thereof the figure 60,000 and by striking the figure 1940, and inserting in lieu thereof the figure 1950, so that when so amended, section 1 shall read as follows: Section 1. That a State Board of Examiners of Warm Air Heating Contractors is hereby created to determine the fitness of warm air heating contractors to engage in said vocation in all counties in this State having a population of 60,000 inhabitants or more by the U.S. census of 1950 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. Counties where applicable. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. BANKS AND BANKINGINVESTMENTS Code 13-2023 Amended. No. 130 (Senate Bill No. 259). An Act to amend section 23 of article XIX of the Banking Law of Georgia, as the same is codified in section 13-2023, of the Code of Georgia of 1933, as amended
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by the Act of 1950, approved January 26, 1950, (Ga. L. 1950, p. 18), and as amended by the Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 284), and as amended by the Act of 1957, approved March 7, 1957, (Ga. L. 1957, p. 275), and relating to the purchase and ownership of stocks, bonds and other investment securities by banks, by adding after Federal Intermediate Credit Banks, in both sub-paragraphs (a) and (c), the following additional federal organizations, Public Housing Administration, Federal National Mortgage Association and Central Bank for Cooperatives, in the obligations of which a bank may invest, freed from the limitations otherwise prescribed in said sections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 23 of Article XIX of the Banking Law of Georgia, as the same is codified in section 13-2023, of the Code of Georgia of 1933 as amended by the Act of the General Assembly of Georgia of 1950, approved January 26, 1950 (Ga. L. 1950, p. 18), and as amended by the Act of the General Assembly of Georgia of 1951, approved February 19, 1951, (Ga. L. 1951, p. 284), and as amended by the Act of 1957, approved March 7, 1957, (Ga. L. 1957, p. 275), said section relating to the purchase and ownership of stocks, bonds and other investment securities by banks, be and the same is hereby amended by adding after Federal Intermediate Credit Banks, in both sub-paragraphs (a) and (c), the following additional Federal organizations: Public Housing Administration, Federal National Mortgage Association, and Central Bank For Cooperatives so that as so amended the said section 13-2023 shall read as follows: Section 13-2023. Purchase, etc., of stocks and investment securities. No bank shall subscribe for, purchase, or hold stock in any other bank, except stock in the Federal Reserve Bank of Atlanta, necessary to qualify for
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membership therein, nor in any other corporation unless the same shall have been transferred to it in satisfaction of a debt previously contracted, or shall have been purchased at a sale under a power contained in a note or other instrument by which it was pledged to the bank or under a judgment or decree in its favor, and all such stock shall be disposed of by the bank within six months, unless the superintendent of banks shall extend the time for good cause shown; nor shall a bank purchase or hold any bonds or debentures except such as are classed as investment securities, and the buying and selling of such securities shall be limited to buying and selling without recourse, marketable obligations upon which there has never been a default, evidencing indebtedness of any person, partnership, association, or corporation, in the form of bonds, notes and/or debentures, commonly known as investment securities, under such regulations as may be prescribed by the superintendent of banks. Code 13-2023 amended. The purchase and ownership of all authorized investment securities shall be subject to the following limitations and provisions: (a) The total amount of such investment securities owned by a bank shall at no time exceed 50% of the capital and unimpaired surplus of such bank; but this limitation as to amount shall not apply to obligations of the United States or to obligations issued by the Federal Land Banks, Federal Farm Mortgage Corporations, Federal Home Loan Banks, Home Owners' Loan Corporation, Federal Intermediate Credit Bank, Public Housing Administration, Federal National Mortgage Association, and Central Bank For Cooperatives, or to other obligations guaranteed as to principal and interest by the United States, or to obligations of the State of Georgia or to general and direct obligations of the several counties, districts, or municipalities thereof or to water and sewer revenue certificates of Georgia cities or counties, which have been validated as provided by law; (b) As to general and direct obligations of the various political subdivisions of the State of Georgia, no more
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than 25% of the capital and unimpaired surplus of a bank shall be invested in the said general and direct obligations of any one such obligor; (c) As to all other approved investment securities, no more than 10% of the capital and unimpaired surplus of a bank shall be invested in the obligations of any one obligor; Provided, nevertheless, that this limitation as to amount shall not apply to obligations of the United States, or of the State of Georgia, or to obligations issued by the Federal Land Banks, Federal Farm Mortgage Corporations, Federal Home Loan Banks, Home Owners' Loan Corporation, Federal Intermediate Credit Bank, Public Housing Administration, Federal National Mortgage Association and Central Bank For Cooperatives or to other obligations guaranteed as to principal and interest by the United States; (d) Provided further, nevertheless, that any bank may subscribe for or purchase stock in an agricultural credit corporation duly organized under the laws of this State having authority to make loans to the farmers of this State for agricultural purposes and to rediscount the same with the Intermediate Credit Bank of Columbia, but no bank shall subscribe for or purchase stock in more than one such corporation, nor invest therein more than 10 per centum of its capital, and no such subscription or purchase shall be made until first approved by the superintendent of banks. (e) Provided further that the limitations of subsection (a) of this section shall not apply to banks having capital and surplus of over $1,000,000 nor shall the limitations of subsections (b) and (c) apply to the ownership of general and direct obligations of any State or political sudivision thereof, owned by a bank having capital and surplus of over $1,000,000. Nothing in this section of the Banking Law is to be construed as applying to savings banks doing a savings
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business only; or as applying to securities actually owned by a bank on January 1, 1920; or as applying to securities actually owned by a bank at the time that this Act becomes effective. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 17, 1958. BLUE RIDGE JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 139 (House Bill No. 812). An Act to amend an Act establishing a salary for the Solicitor-General of the Blue Ridge Judicial Circuit, approved August 20, 1918 (Ga. L. 1918, p. 360), as amended, by an Act approved August 15, 1921 (Ga. L. 1921, p. 400), an Act approved July 29, 1925 (Ga. L. 1925, p. 513), an Act approved March 2, 1933 (Ga. L. 1933, p. 805), an Act approved March 4, 1937 (Ga. L. 1937, p. 1462), and an Act approved February 12, 1945 (Ga. L. 1945, p. 607), so as to change the compensation of the Solicitor-General of the Blue Ridge Judicial Circuit; to authorize the counties of said circuit to furnish stationery, official forms and postage to said solicitor-general; to provide for the payment of expenses of said solicitor-general for services rendered outside the State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a salary for the Solicitor-General of the Blue Ridge Judicial Circuit, approved August 20, 1918 (Ga. L. 1918, p. 360), as amended, by an Act approved August 15, 1921 (Ga. L. 1921, p. 400), an Act approved July 29, 1925 (Ga. L. 1925, p. 513), an
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Act approved March 2, 1933 (Ga. L. 1933, p. 805), an Act approved March 4, 1937 (Ga. L. 1937, p. 1462), and an Act approved February 12, 1945 (Ga. L. 1945, p. 607), is amended by striking therefrom section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The Solicitor-General of the Blue Ridge Judicial Circuit shall be paid a salary of $9,750.00 per annum in addition to the sum of $250.00 per annum prescribed in Paragraph 1, Section 12 of Article 6 of the Constitution of the State of Georgia. Said salary herein fixed shall be paid pro rata out of the general treasuries of the various counties of said circuit upon the basis of population, that is to say, each of the counties composing said judicial circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties in said circuit according to the official 1950 Federal census and each succeeding census thereafter. It shall be the duty, and it is hereby made the duty of the ordinary, county commissioner or county commissioners, or other authorities having control of county matters in said counties in said judicial circuit to cause the part or portion of said salary so assessed each of said counties to be paid to the solicitor-general on the first day of each month and to have regular county warrants issued therefor. The counties composing said circuit are hereby authorized, if necessary, to levy a tax for the purpose of the payment of said salary, said salary to become effective upon passage of this Act. The expense allowance paid to the solicitor-general out of the treasury of the State of Georgia shall not be considered as an emolument of his office. Said salary herein fixed, including the salary received from the State and such other fees and allowances as may be paid by the State as provided by law, shall be full payment for all services of said solicitor-general, for all travel expenses incurred within the State; and for all sums paid out by said solicitor-general for clerical aid and assistance. Provided, however, that the various counties composing said Blue Ridge Judicial Circuit shall furnish said solicitor-general official stationery, indictments, accusations, sentences, legal forms and
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postage used in his official duties to be paid for by said various counties in the same manner said salary fixed herein is paid by said counties. Provided further, should said solicitor-general be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the particular county having jurisdiction in the particular case in which such service is rendered shall pay his actual expenses in rendering such service. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia, legislation to amend the Act of 1918 (Ga. L. 1918, p. 360) as amended, setting the salary of the solicitor-general of the Blue Ridge Judicial Circuit to provide for an increase in said salary and for other purposes. /s/ Reid Mull, Reid Mull, Representative, Fannin County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Reid Mull, who, on oath, deposes and says that he is Representative from Fannin County, and that the attached copy of notice of intention to introduce local legislation was published in the Fannin County Times which is the official organ of said county, on the following dates: December 26, 1957, January 2 and January 9, 1958. /s/ Reid Mull, Representative, Fanning County.
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Sworn to and subscribed before me, this 22nd day of January, 1958. John Tye Ferguson, Notary Public. My commission expires Oct. 10, 1961. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia, legislation to amend the Act of 1918 (Ga. L. 1918, p. 360) as amended, setting the salary of the solicitor-general of the Blue Ridge Judicial Circuit to provide for an increase in said salary and for other purposes. /s/ Carl Barrett, Representative, Cherokee County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Barrett, who, on oath, deposes and says that he is Representative from Cherokee County, and that the attached copy of notice of intention to introduce local legislation was published in the North Georgia Tribune which is the official organ of said county, on the following dates: December 26, 1957, January 2 and January 9, 1958. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 23rd day of January, 1958. John Tye Ferguson, Notary Public. My commission expires Oct. 10, 1961. (Seal).
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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia, legislation to amend the Act of 1918 (Ga. L. 1918, p. 360) as amended, setting the salary of the solicitor-general of the Blue Ridge Judicial Circuit to provide for an increase in said salary and for other purposes. /s/ A. C. Smith, Jr., Representative, Forsyth County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. C. Smith, Jr., who, on oath, deposes and says that he is Representative from Forsyth County, and that the attached copy of notice of intention to introduce local legislation was published in the Forsyth County News which is the official organ of said county, on the following dates: December 26, 1957, January 2 and January 9, 1958. /s/ A. C. Smith, Jr., Representative, Forsyth County, Ga. Sworn to and subscribed before me, this 27th day of January, 1958. /s/ John Tye Ferguson, Notary Public, My commission expires Oct. 10, 1961. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia, legislation to amend the Act of 1918 (Ga. L. 1918, p. 360) as amended, setting the salary of the solicitor-general of
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the Blue Ridge Judicial Circuit to provide for an increase in said salary and for other purposes. /s/ W. L. Harper, W. L. Harper, Representative, Gilmer County, Georgia. Georgia, Fulton County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, W. L. Harper, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Courier which is the official organ of said county, on the following dates: December 19, 1957, January 2 and January 9, 1958. /s/ W. L. Harper, Representative, Gilmer County. Sworn to and subscribed before me, this 27th day of January, 1958. John Tye Ferguson, Notary Public. My commission Expires Oct. 10, 1961. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia, legislation to amend the Act of 1918 (Ga. L. 1918, p. 360) as amended, setting the salary of the solicitor-general of the Blue Ridge Judicial Circuit to provide for an increase in said salary and for other purposes. /s/ Olen Cagle, Olen Cage, Representative, Pickens County, Georgia.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Olen Cagle, who, on oath, deposes and says that he is Representative from Pickens County, and that the attached copy of notice of intention to introduce local legislation was published in the Pickens County Progress which is the official organ of said county, on the following dates: December 19, 1957, January 2 and January 9, 1958. /s/ Olen Cagle, Representative, Pickens County. Sworn to and subscribed before me, this 27th day of January, 1958. /s/ John Tye Ferguson, Notary Public. My commission expires Oct. 10, 1961. (Seal). Approved March 17, 1958. U. S. ROUTE NO. 17 DESIGNATED OCEAN HIWAY. No. 26 (Senate Resolution No. 112). A Resolution. To designate U. S. Route 17 as the Ocean Hiway; and for other purposes. Whereas, U. S. Route 17, which enters the State of Georgia at Savannah and goes through the coastal regions of Georgia to the Florida line, is the only highway in Georgia which runs parallel to and lies only a short distance from the coast line of the Atlantic Ocean, and
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Whereas, our sister states to the north have designated that route and other connecting routes as the Ocean Hiway and as a result of a concerted advertising effort, have attracted much tourist trade thereby, and Whereas, such states have erected markers along such route designating it as the Ocean Hiway, and it would be highly advantageous to Georgia to so designate and mark U. S. Route 17 in Georgia, Now, therefore, be it resolved by the General Assembly of Georgia that that portion of U. S. Route 17 which lies within the State of Georgia is hereby designated as the Ocean Hiway. The State Highway Department is hereby authorized and directed to erect suitable markers designating such route as the Ocean Hiway. The proper officials of the State Highway Department shall consult with the corresponding departments in South Carolina, North Carolina, Maryland and Virginia concerning such markers in order that the markers in all such states be as uniform and similar as possible. Approved March 17, 1958. CONVEYANCE OF LAND IN COFFEE COUNTY AUTHORIZED. No. 29 (House Resolution No. 287-703a). A Resolution. Whereas, the hereinafter referred to conveyances were made to the State of Georgia of property in Coffee County free of cost to the State for the purposes of creating a State park in Coffee County; and Whereas, said park has not been created and the plan for said park has been abandoned, and the State
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has no further use for said property other than for the purpose for which it was conveyed, the said conveyances being as follows: Deed dated January 13, 1956, from W. R. Wilson, Sr., W. R. Wilson, Jr., and John T. Wilson, said deed being recorded in the records of Coffee County, August 4, 1956, in deed book 108, folio 275; deed dated October 23, 1956, from D. C. Sapp, recorded October 24, 1956, in deed book 109, folio 132 of the records of Coffee County, and deed dated August 13, 1956, from John H. Adams, recorded October 18, 1956, in deed book 109, folio 48 of the records of Coffee County; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor be and he is hereby authorized on behalf of the State to re-convey said property described in the deeds above referred to to the person or persons conveying same to the State, and to execute proper instruments for said purpose. Approved March 17, 1958. CONVEYANCE OF LAND TO TOWN OF GEORGETOWN. No. 38 (House Resolution No. 340-806b). A Resolution. To authorize the conveyance of certain property to the Town of Georgetown; and for other purposes. Whereas, pursuant to statutory authority, the State of Georgia, acting through its Department of Mines, Mining and Geology, drilled a well and conducted other experimental operations upon certain property lying in the Town of Georgetown in Quitman County, and Whereas, the Town of Georgetown conveyed such property to the State for such purposes, and
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Whereas, the property and the well located thereon are of no further use to the State, and Whereas, the property is described as follows: That certain tract or parcel of land lying and being in the town of Georgetown, County of Quitman and State of Georgia, described by starting at that certain point on the north margin of U. S. Highway 82 in Georgetown, Georgia where the east margin of the school road, which runs in a northerly direction east of the Georgetown High School and forms the west boundary of the property of Martine C. McKenzie, intersects said U. S. Highway 82. From said starting point run thence north 3 degrees 40 minutes east for 296.6 feet to a point; thence run north 35 degrees 53 minutes east for 163.9 feet to a point; thence run north 27 degrees 15 minutes east for 112.4 feet to the point of beginning; from said point of beginning run south 73 degrees 11 minutes east for 40 feet to a point; thence run north 16 degrees 49 minutes east for 100 feet to a point; thence run north 73 degrees 11 minutes west for 40 feet to the property of the Georgetown High School; thence along the east side of the Georgetown High School property, south 16 degrees 49 minutes west for 100 feet to the point of beginning. Said property being bounded on the northerly, easterly and southerly sides by property of Martine C. McKenzie and on the westerly side by property of the Georgetown High School. Said tract being in the form of a rectangle measuring 40 feet on its northerly and southerly sides and 100 feet on its easterly and westerly sides. Now, therefore, be it resolved by the General Assembly of Georgia that the aforesaid property and the well located thereon are hereby declared surplus, and the Governor, acting on behalf of the State of Georgia, is hereby authorized to convey the aforesaid property and the well located thereon to the Town of Georgetown. Approved March 17, 1958.
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PLAQUE TO BE PLACED AT ENTRANCE TO THE GEORGIA HALL OF FAME. No. 44 (House Resolution No. 327-785b). A Resolution. Authorizing the placing of a plaque at the entrance of the Georgia Hall of Fame; and for other purposes. Whereas, the Georgia Hall of Fame is located in the rotunda of the State Capitol Building and the busts of many great Georgians are located therein, and Whereas, it would be of great benefit to the State to have a plaque at the entrance of the Hall of Fame showing the names of the persons whose busts are located in the Hall of Fame, the names of the various societies sponsoring the placing of such busts, the history of the Hall of Fame and such other information as deemed desirable, Now, therefore, be it resolved by the General Assembly of Georgia that a plaque as aforesaid be provided and placed at the entrance of the Georgia Hall of Fame. Be it further resolved that the Secretary of State is hereby authorized to conduct all necessary matters relative to the purposes set out herein. Be it further resolved that the Budget Bureau is hereby authorized and directed to provide the funds necessary to carry out the purposes of this resolution from any available funds. Approved March 17, 1958.
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FRANK G. BIRDSONG BRIDGE DESIGNATED. No. 46 (House Resolution No. 246-635c). A Resolution. Whereas, the Honorable Frank G. Birdsong has served the people of Troup County favorably, honorably and beyond the duties required of him during his many years of service in The General Assembly of Georgia, and Whereas, so many bridges and roads have been built in Troup County due to his untiring efforts and diligent persistence, and Whereas, Troup County is a better place in which to live because of the unselfish efforts put forth by this honorable gentleman. Now, therefore, let it be resolved by the Georgia House of Representatives that the bridge over the Chattahoochee River on State Route 109, Troup County, Georgia, between LaGrange, Georgia and Roanoke, Alabama, be named for this honorable gentleman; and it shall henceforth be known as the Frank G. Birdsong Bridge. Further, be it resolved that the State Highway Department of Georgia be directed to cause to be erected a plaque, sign or other marker describing this bridge as aforesaid. Further, be it resolved that a copy of this resolution be forwarded to the Honorable Frank G. Birdsong, and to the Board of Commissioners of Roads and Revenue of Troup County. Approved March 17, 1958.
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TERRELL COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment To The Constitution. No. 48 (Senate Resolution No. 127). A Resolution. Proposing an amendment to the Constitution so as to create the Terrell County 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. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, paragraph 1 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 Terrell County to be known as the Terrell County Development Authority, which shall be an instrumentality of Terrell County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by a majority of the Board of Commissioners of Roads and Revenues of Terrell County. The first members shall be elected for terms of one, two, three, four and five years, and thereafter their successors shall be elected to serve a term of five years. Vacancies shall be filled for the unexpired term by the said board of county commissioners. 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 a member of the Board of County Commissioners of Terrell
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County, but there shall be no other disqualification to hold public office by reason of membership in the Authority; Members. 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 Terrell County. Property. 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 limits of Terrell County; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Terrell County which in the judgment of the Authority will be of benefit to the people of said county. 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 Terrell County 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 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
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may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Terrell County, and to make long range plans therefor; (8) 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; (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) 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 State of Georgia or Terrell County; Debts. 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 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; Liability. G. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Terrell
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County, is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificates, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest on such revenue certificates as they mature, then the commissioners of roads and revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said commissioners are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills; Bonds. I. The commissioners of roads and revenues are also authorized, in addition to the tax provided in paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, 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; Funds. 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; Obligations. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Terrell County and its citizens, industry, agriculture and trade within the County of Terrell, and making long-range plans for such development and expansion and to authorize the use of public funds of Terrell County 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; Intent.
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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; Effective date. 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 Terrell County, and the scope of its operations shall be limited to the territory embraced within Terrell County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Terrell County; Further powers. 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 Terrell County. Debt. 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 submited as providing 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 create the Terrell County Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. Against ratification of amendment to the Constitution so as to create the Terrell County Development Authority
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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. Approved March 17, 1958. CONVEYANCE LAND IN FULTON COUNTY. No. 50 (House Resolution No. 333-787b). A Resolution. Declaring certain property of the State surplus, and authorizing the State Properties Commission to sell such property. Whereas, certain property in Fulton County is now owned by the State of Georgia as part of the Western and Atlantic Railroad, and Whereas, the Georgia Public Service Commission has investigated and found that such property is no longer useful for main line railroad purposes, and Whereas, that property is more particularly described as follows, to-wit:
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All that tract or parcel of land lying and being in land lot 243 of the 17th district of Fulton County, Georgia, and being more particularly described as follows: Beginning on the easterly side of the old right of way of the N. C. St. L. Railway at a point southwesterly 256 feet from the westerly side of the Old River Car Line right of way; thence running northerly along the easterly line of said railroad right of way 400 feet to a point; thence continuing in a northerly direction along the easterly side of said railroad right of way 198 feet to a point; thence continuing in a northerly direction along said railroad right of way 52.6 feet to an iron pin; thence westerly 68 feet to an iron pin; thence along the westerly line of the said railroad right of way in a southerly direction 218 feet to a point; thence continuing along the western line of said railroad right of way in a southerly direction 382 feet to a point; thence eastwardly 66 feet to an iron pin and the point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission is hereby authorized to sell on behalf of the State the above described property to such person or persons and upon such terms and conditions as they may deem to be in the best interest of the State. Approved March 17, 1958. MILLEDGEVILLE STATE HOSPITAL EMPLOYEES TO BE ADVISED OF RIGHTS UNDER STATE MERIT SYSTEM. No. 52 (House Resolution No. 263-662m). A Resolution. Authorizing and directing the personnel director of the Milledgeville State Hospital, or some person designated by the superintendent of said institution, to inform employees
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of the rights under the State Merit System; and for other purposes. Whereas, many of the employees of the Milledgeville State Hospital are unaware of their rights under the State Merit System, and Whereas, these employees should be informed of such rights, so as to remove any confusion of doubt as to the rights upon the termination of employment. Now, therefore, be it resolved by the House of Representatives that the personnel director of the Milledgeville State Hospital, or some person designated by the superintendent of said institution, is hereby authorized and directed to inform employees of said institution of the rights and remedies under the State Merit System as to all phases of employment and the termination of employment. A copy of this Resolution shall be forwarded to the director of personnel, and to the superintendent of the Milledgeville State Hospital. Approved March 17, 1958. SURVEY OF INDUSTRIAL POTENTIALS OF THE STATE OF GEORGIA. No. 53 (House Resolution No. 423). A Resolution. Relative to making a survey of the industrial potentials in the State of Georgia; and for other purposes. Whereas, a committee of the General Assembly of Georgia was created at the 1957 session for the purpose of studying ways and means of promoting the location of industries in Georgia, and
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Whereas, such committee has made great progress in its study of the methods of accomplishing the purposes of its study. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, as Director of the Budget Bureau, is hereby authorized and directed to provide funds in the amount of $100,000.00 to the State Department of Commerce for the purpose of securing through a proper and qualified organization, a general survey of the industrial potentials of the State of Georgia. The department shall also secure as far as possible with the funds available, a market survey of the varied resources available in the State of Georgia which will be attractive and necessary for prospective industries. The aforesaid joint committee which is proposed to be continued by a companion resolution, is hereby directed to act as an advisory committee to the Secretary of the State Department of Commerce and the Governor to select the proper organization to make the aforesaid surveys. Approved March 17, 1958. CONVEYANCE OF LAND TO CITY OF DONALSONVILLE. No. 55 (Senate Resolution No. 120). A Resolution. Authorizing the conveyance of certain State property comprising the district headquarters of the State Patrol located in the City of Donalsonville, Georgia, upon the delivery of a deed to the property to comprise the new district headquarters of the State Patrol in said city; and for other purposes. Whereas, the property comprising the district headquarters of the State Patrol located in the City of Donalsonville,
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Georgia, is now out-moded, out-dated and wholly inadequate for the purposes of a State Patrol district headquarters, and Whereas, the City of Donalsonville in cooperation with the County of Seminole and the State of Georgia is constructing a new district headquarters for the State Patrol located in said city which will upon completion cause the present property used for that purpose to be surplus and of no further use to the State, and Whereas, the property now being used as such district headquarters was donated by the City of Donalsonville to the State as a gift: Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of Georgia is hereby authorized to convey to the City of Donalsonville that property donated to the State by said city and which comprises the present district headquarters of the State Patrol located in said city upon the delivery by the city of a warranty deed conveying to the State, in fee simple, the property to comprise the new district headquarters of the State Patrol located in said city. Approved March 17, 1958. BRUNSWICK PORT AUTHORITY. Proposed Amendment To The Constitution. No. 56 (House Resolution No. 431-1070f). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to create an instrumentality to be known as Brunswick Port Authority; to ratify and confirm certain Acts of the General Assembly adopted in 1945 and 1958 pertaining to Brunswick
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Port Authority and to ratify and confirm all acts of Brunswick Port Authority thereunder; to validate, ratify and confirm the disposition of the proceeds of certain bonds heretofore voted by the City of Brunswick and the County of Glynn; 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 VII, Paragraph V of the Constitution, as amended, is amended by inserting at the end of said Paragraph a new paragraph which shall read as follows: The Legislature is authorized to create an instrumentality and department of the State of Georgia to be known as `Brunswick Port Authority' and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. L. 1945, p. 1023 et. seq.), as amended by House Bill number 1053 of the General Assembly of 1958, is hereby ratified, confirmed and made a part of this constitution with like force and effect as though the contents thereof were herein set out at length. This provision of the constitution shall be self-executing but the Legislature may hereafter enact such supplementary legislation designed to effect the purposes of said Act Number 314 as so amended as it may consider desirable, provided such future legislation is not in conflict with the provisons of said Act as so amended. All acts heretofore done by Brunswick Port Authority and all contracts, agreements and proceedings of every nature executed or adopted by Brunswick Port Authority prior to the date as of which this paragraph becomes effective as a part of the constitution, are hereby ratified and validated and declared to be binding and effective in accordance with their terms, without however, affecting the right of Brunswick Port Authority to make such changes therein hereafter as it may consider desirable. The proceeds of any bonds heretofore voted by Glynn County and by the City of Brunswick pursuant to authorization
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granted by the amendments to the constitution proposed by Acts number 81 and number 117 of the General Assembly of 1956 may be utilized by said county and by said city for any purpose designed to further the interests of Brunswick Port Authority and said county and city, without regard to the purposes designated in said acts and in the proceedings pursuant to which such bonds were voted, and all proceedings had in the authorization of such bonds and the bonds issued pursuant thereto, are hereby validated, ratified and confirmed. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution to authorize the General Assembly to create the Brunswick Port Authority and to ratify and confirm the Acts heretofore adopted pertaining to said Authority; to ratify and confirm all acts performed by it pursuant thereto and to validate the disposition of the proceeds of certain bonds voted by the City of Brunswick and the County of Glynn. Against ratification of amendment to the Constitution to authorize the General Assembly to create the Brunswick Port Authority and to ratify and confirm the Acts heretofore adopted pertaining to said Authority; to ratify and confirm all acts performed by it pursuant thereto and to validate the disposition of the
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proceeds of certain bonds voted by the City of Brunswick and the County of Glynn. 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. Approved March 17, 1958. CONVEYANCE OF LAND TO TELFAIR COUNTY. No. 58 (House Resolution No. 314-772e). A Resolution. To authorize the Governor acting on behalf of the State of Georgia to convey certain property in Telfair County to Telfair County; and for other purposes. Whereas, Telfair County acting by and through Walter Dyal, Commissioner of Roads and Revenue of said county, and Jack Forrestor, Director of Department of Corrections, negotiated during the month of June, 1957, for the selection and purchase of a site for a State Prison Camp, the purchase price of which was to be paid by Telfair County, and, Whereas, Telfair County subsequent thereto procured said site as aforesaid from Telfair Wrecking
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Company and Duncan F. Mims by deeds from each of said parties directly to the State of Georgia, and, Whereas, th etotal purchase price, namely, $1,125.00 was paid by Telfair County, and, Whereas, the proposal and negotiations to build said State Prison Camp have been abandoned, and, Whereas, the State of Georgia has not expended any sums in connection therewith and said property is mere surplus to the State, and Whereas, Telfair County is entitled to and 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 Telfair County, Georgia, to the following property, to-wit: Nine and sixteen hundredths (9.16) acres of lot land number 129 in the tenth (10th) land district of Telfair County, Georgia, described by metes and bounds as follows: Beginning at a point 1359 feet north 44 degrees east from the west corner of lot of land number 130 at a stake on the original northwest land lot line of said lot of land number 130 and running thence north 23 degrees west 775 feet to a stake in the center of a county road; thence along the center line of said road north 65 degrees east 531 feet to a stake; thence south 46 degrees west 275 feet to a stake; thence south 44 degrees west along the original southeast land lot line of said lot of land number 129, 556 feet to a stake; thence along said original land lot line south 44 degrees west 71 feet to a stake and the point of beginning. As shown by plat of survey made by H. G. McGranie, County Surveyor of Telfair County, and approved by W. D. Doster, Vienna, Georgia, whose surveyor's license number is 651, as will be shown recorded in the office of Clerk of Superior Court of Telfair County, in plat book 1, page 178.
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Also, beginning at a point 1430 feet north 44 degrees east from the west corner of lot of land number 130 and running thence north 44 degrees east 556 feet to a stake; thence south 21 degrees west 545 feet to a stake; thence north 42 degrees west 219.6 feet to a stake and the point of beginning. As will be shown by plat of survey made by H. G. McCranie, County Surveyor of Telfair County, and approved by W. D. Doster, Vienna, Georgia, whose surveyors license number is 651 as will be shown recorded in the office of Clerk of Superior Court of Telfair County in plat book 1, page 178. Approved March 17, 1958. SOLICITOR-GENERAL RETIREMENT FUND ACT AMENDED. No. 160 (Senate Bill No. 186). An Act to amend an Act creating the office of Solicitor-General emeritus and the Solicitors-General retirement Fund of Georgia, approved February 17, 1949 Ga. L. 1949, p. 780), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 228), and an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 211), so as to increase the payments into the retirement fund; to increase the retirement benefits thereunder; to allow credit for service in the armed forces of the United States occasioned by a wartime emergency; to provide for payments into the retirement fund for the period of such service; to define salary and compensation as used herein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949, (Ga. L. 1949, p. 780), as amended, particularly by an
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Act approved February 16, 1950 (Ga. L. 1950, p. 228), and an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 211), is hereby amended by striking from section 4 the word six and inserting in lieu thereof the word nine, and by striking therefrom the word four and inserting in lieu thereof the word six, so that section 4 as so amended shall read: Section 4. A solicitor-general emeritus shall receive from the State of Georgia an annual salary to be paid in monthly installments equal to two-thirds of the salary or fees of such solicitor-general for the calendar year immediately prior to his retirement as an active solicitor-general and immediately prior to his resignation from said office. As to all solicitors-general who are on the salary system, the compensation to be paid to a solicitor-general emeritus shall be two-thirds of the salary which he received for the calendar year immediately preceding his retirement; as to all solicitors-general upon the fee system, the compensation for a solicitor-general emeritus shall be two-thirds of the pay which he received on the fee system during the calendar year immediately prior to his retirement. Provided, however, that any solicitor-general who receives an annual salary of, or whose annual fees exceed, the sum of nine thousand dollars, or more, shall pay into said retirement fund only five per cent on nine thousand dollars, and, provided, further, that in no event shall any solicitor-general emeritus receive an annual salary or payment from the State of Georgia, under this bill, of more than six thousand dollars. In the event that any solicitor-general shall become eligible for appointment or shall have actually been appointed solicitor-general emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall qualify for an office of profit or trust under the Constitution of the United States or of the Constitution of Georgia, his right to appointment as solicitor-general emeritus or to continue to hold such an appointment and to draw the salary fixed therefor under said Act shall be suspended during the period of time that he shall hold such office, provided that upon
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ceasing to hold such office he shall then be entitled to appointment as solicitor-general emeritus under this Act or to reappointment to said office with all the obligations, rights and duties herein prescribed, his compensation as solicitor-general emeritus in such event to be the same amount received by him as solicitor-general emeritus at the time of his election or appointment and qualification to the office under the Constitution of the United States or of the State of Georgia, or, if not holding an appointment as solicitor-general emeritus then, two-thirds of the amount of compensation received by him as solicitor-general for the calendar year immediately prior to his election or appointment to and qualification for said office under the Constitution of the United States or the State of Georgia, the purpose of this provision being to permit any solicitor-general who may have been appointed solicitor-general emeritus under this Act or who may be eligible for appointment as solicitor-general emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affecting his then existing rights under this Act except to suspend the right to hold said office and receive the salary provided therefor while holding such other office. During the time that such solicitor-general is holding another office under the Constitution of the United States or of the State of Georgia as herein provided, he shall not be required to make any payments in and to the Solicitors' General Retirement Fund of Georgia. Solicitors-general emeritus, salary. Section 2. Said Act, as amended, is further amended by striking from the second paragraph of section 9 the word six and inserting in lieu thereof the word nine, and by striking therefrom the word four and inserting in lieu thereof the word six, and by inserting a new paragraph to read: Provided, further that in computing years of service as a solicitor-general, credit shall be given for service in the armed forces of the United States occasioned by only one of the national emergencies of either of the following: World War I, or World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments provided herein for each
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year or fraction of year of such service in the armed forces. Upon payment of the required amount for each year or fraction of year of such service in the armed forces, the solicitor-general shall receive a credit of one year for each year or fraction of year of such service for which contribution into the fund has been made. Such payment shall be made within six months after the approval of the act, or within six months following discharge, whichever is later, so that section 9, as so amended, shall read: Years of service. Section 9. All solicitors-general, who qualify under this Act, shall pay into said fund the amount of five per cent of their salary or fees for each year and any solicitor-general who makes payment to this fund shall be eligible to retire from the office and be eligible to the appointment of solicitor-general emeritus, at a salary of two-thirds of what he has previously received as compensation as salary or fees for the final calendar year of his service as active solicitor-general of his circuit. All solicitors-general now in office shall be eligible to participate in the benefits provided by this Act, if they make their payments to the retirement fund by this Act created, for the year in which this Act is approved, and continue to make those payments until they have served nineteen years up to the year of their retirement. Provided further, that any solicitor-general who is eligible under the provisions of this Act as amended, but has not yet taken advantage hereof may do so by payment into the retirement fund not later than July 1, 1958, with interest at the rate of 5 per cent per annum on all sums due since the adoption of this Act, February 17, 1949 to the date of payment to the Treasurer of the State, provided, further any solicitor-general not in office at the time of the passage of the Act on February 17, 1949, who has previously served as a solicitor-general of the State, may qualify and be eligible to participate in the benefits provided by this Act by paying 5 per cent of the existing salary or annual fees of such solicitor-general plus interest at 5 per cent per annum from February 17, 1949 to the date of payment to the Treasurer of the State, as though he
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had been in office since said date, which payment shall be made into said retirement fund within six months after re-entering upon the duties of solicitor-general, and he shall continue to pay into said fund the amount of five per cent of his salary or fees for each year thereafter until he has served a total of nineteen years including service prior to and subsequent to the original passage of this Act on February 17, 1949, up to the year of retirement. Except as above provided, as to solicitors-general who may hereafter be elected or appointed, they must make payments to the said retirement fund, as herein provided, for an entire period of nineteen years and until retirement and must remain in office and render service an active solicitor-general for a period of nineteen years or more or shall have rendered a part of said service as solicitor of a city court from which direct appeals may be taken to the Court of Appeals of Georgia, or otherwise as is provided and set forth in section II of this Act as amended. Provided, however, that any solicitor-general who receives an annual salary of, or whose fees annually exceed, the sum of nine thousand dollars, or more, shall pay into said retirement fund only five per cent on nine thousand dollars, and, provided, further, that in no event shall any solicitor-general emeritus receive an annual salary or payment from the State of Georgia, under this bill of more than six thousand dollars. Provided that any solicitor-general, who after 17 years continuous service and the payment of amounts due hereunder, shall become unable to perform his official duties, from ill health, or other causes, such solicitor-general may retire under this Act provided he is so certified by the judge, or judges, of his judicial circuit and two physicians. Any solicitor-general so retiring under the provisions of this Act shall continue his pro rata payments to the Solicitors' General Retirement Fund of Georgia for the term provided under the provisions of said Act. Provided, further than in computing years of service as a solicitor-general, credit shall be given for service in the armed forces of the United States occasioned by only one
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of the national emergencies of either of the following: World War I, or World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments provided herein for each year or fraction of year of such service in the armed forces. Upon payment of the required amount for each year or fraction of year of such service in the armed forces, the solicitor-general shall receive a credit of one year for each year or fraction of year of such service for which contribution into the fund has been made. Such payment shall be made within six months after the approval of the act, or within six months following discharge, whichever is later. Section 3. Said Act, as amended, is further amended by striking from section 10 the word six and inserting in lieu thereof the word nine, so that section 10, as so amended, shall read: Section 10. The payments to the retirement fund created by this Act shall be made to the Treasurer of the State of Georgia for each calendar year, quarterly or bi-annually during the year, or in one lump sum to be paid not later than February 15th of the succeeding year, on a basis of five per cent of the salary or fees of the solicitor-general during the calendar year for which such payments are made. All payments shall be accompanied by an affidavit from the solicitor-general as to the correctness of the amount of salary or fees received by him during the period covered by such payments. Provided, however, such payments made to the Treasurer shall not exceed in any calendar year the sum of five per cent on nine thousand dollars. Payments into fund. Section 4. Said Act, as amended, is further amended by inserting a new section to be numbered section 4-A, to read: Section 4-A. Any provision of this Act to the contrary notwithstanding, the words salary, fees, and compensation, as used herein, shall include all emoluments received by a solicitor-general for his services or resulting from the performance of his duties. Definitions.
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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. ACT AUTHORIZING PLANNING COMMISSIONSAMENDED. No. 191 (House Bill No. 641). An Act to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), so as to increase the maximum number of members which may serve on a planning commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authorities of the several municipalities and counties of this State to establish planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), is hereby amended by striking from the first paragraph of section 1, the word ten and inserting in lieu thereof the word twelve, so that when so amended, the first paragraph of section 1 shall read as follows: Number of members. The governing authority of each municipality in this State is authorized to create by ordinance a municipal planning commission. The governing authority of each county in this State is authorized to create by resolution a county planning commission. The governing authority of any county or counties in this State by resolution and the governing authority of any municipality or municipalities in that county or counties by ordinance are authorized to create a municipal-county planning commission. The governing authority of any city or county may,
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by ordinance or resolution duly adopted and entered upon the minutes of the meeting, substitute the names of their city and county for the words municipal and county in the official title of their planning commission. A planning commission shall have not less than five nor more than twelve members, appointed by the governing authority or authorities of the area served by the planning commission. 1957 Act amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. WAYCROSS JUDICIAL CIRCUITCOMPENSATION OF OFFICIAL COURT REPORTER. No. 193 (House Bill No. 802). An Act to amend an Act abolishing the fee system existing in the superior courts of the Waycross Judicial Circuit approved March 27, 1941, as amended February 12, 1945, and February 15, 1950; to provide for additional compensation for attendance and reporting felony cases, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That section 2 of said Act of 1950 be, and the same is hereby, amended by striking therefrom the last sentence thereof, that is to say, Said salary of three thousand dollars ($3,000.00) shall be in full payment for all services of said official court reporter in reporting felony cases tried in the superior courts of said counties, so that said section as amended will read as follows: Section 2. The salary of the official court reporter of said judicial circuit shall be the sum of three thousand
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dollars ($3,000.00) per annum, which salary shall be paid pro rata out of the general treasury of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing the said circuit shall pay such part or proportion of said salary as its population shall bear to the official Federal census of 1940, until completion and promulgation of the next official Federal census, and so on according to each succeeding official census. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to official court reporter quarterly in each year out of the funds of said counties, that is to say, on the first of April, July, October, and January, and upon the regular county warrants issued therefor; and it is further the duty of said county commissioners, or other county authorities having control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Section 2. That in addition to the compensation provided for the official court reporter of said Waycross Judicial Circuit in section 2 of said Act of 1950, there shall be paid to such official court reporter by each and every one of the counties comprising the said circuit the sum of twenty-five dollars ($25.00) per month. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county fiscal matters in said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to the said official court reporter each month of each year, beginning immediately after the approval of this Act, out of any funds of said counties and upon the regular county warrants issued therefor; and it is further the duty of said county commissioners, or other county
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authorities having control of county fiscal matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 17, 1958. SOCIAL SECURITYCOVERAGE FOR SOLICITORS GENERAL, SUPERIOR COURT JUDGES. No. 201 (Senate Bill No. 106). An Act to amend an Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, particularly by an Act approved Feb. 13, 1956 (Ga. L. 1956, p. 75), so as to make provisions relative to the coverage of solicitors general under the aforesaid Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 75), is
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hereby amended by adding a new section, to be known as section 14, to read as follows: Section 14. Anything in this Act to the contrary notwithstanding, the Governor is hereby empowered to authorize a referendum in accordance with the requirements of section 218 (d) (3) of the Federal Social Security Act, on the question of whether services in positions covered by the Solicitors' General Retirement Fund of Georgia shall be excluded from or included under an agreement under this Act with an effective date of July 1, 1956. Should the referendum result in an affirmative vote, employee contributions required for Social Security coverage shall be deducted by the Treasurer of the State of Georgia from the compensation or other funds due the employee and same shall be remitted to the State agency, together with the required employer contributions. Such employee deductions shall be based on an affidavit from each individual as to the total wages received by him each calendar quarter as solicitor general. Such affidavit shall be forwarded to the State Treasurer before the fifth day of the month following the end of each calendar quarter. Should any solicitor general fail to submit the required affidavit to the State Treasurer within the required time, any and all funds due such individual shall be withheld by the State Treasurer until an appropriate affidavit has been received. The State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operation of the superior courts of the State, the required employer contribution. Section 2. Said Act is further amended by adding a new section, to be known as section 15, to read as follows: Section 15. The Governor is hereby empowered to authorize a referendum in accordance with the requirements of section 218 (d) (3) of the Federal Social Security Act, on the question of whether services in positions covered by the Superior Court Judges Retirement Fund of Georgia shall be excluded from or included under an agreement under this Act with an effective date of July
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1, 1956. Should the referendum be in the affirmative, employee contributions required for Social Security coverage shall be deducted by the Treasurer of the State of Georgia and remitted to the State agency, together with the required employer contributions. The State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operation of the superior courts of the State, the required employer contribution. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. STATE BOARD OF PODIATRY EXAMINERS. Code 84-601 Thru 84-611 Amended. Code 84-9906 Amended. No. 206 (House Bill No. 932). An Act to amend Code sections 84-601, 84-602, 84-603, 84-604, 84-605, 84-606, 84-607, 84-608, 84-609, 84-610, 84-611 and 84-9906, relating to the profession of chiropody and the State Board of Chiropody Examiners and the penalty for violating said sections, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 242), so as to change the name of said professions; to change the name of the State Board of Chiropody Examiners; to change the amounts of the annual license renewal fees; to change the compensation of the members of said board; to change the license fee for non-residents; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-601, relating to definitions, amputations and use of anaesthetics, is hereby amended
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by striking said section, in its entirety, and by substituting a new section 84-601 to read: 84-601. `Podiatry' defined; amputations; use of anaesthetics. `Podiatry' (chiropody), for the purpose of this chapter, means the diagnosis, medical, surgical, mechanical, manipulative and electrical treatment limited to the ailments of the human foot and leg. No podiatrist shall do any amputation or use any anaesthetic other than local. Code 84-601 amended. Section 2. Code section 84-602, relating to the State Board of Chiropody Examiners, is hereby amended by striking therefrom the words State Board of Chiropody Examiners, wherever they appear, and by substituting in lieu thereof the words, State Board of Podiatry Examiners, and by striking therefrom the word Chiropidists, and by substituting in lieu thereof the word podiatrists, so that said section, as amended hereby, shall read: 84-602. State Board of Podiatry Examiners; establishment; appointment, terms of office; removals. A board styled State Board of Podiatry Examiners is hereby established. The Governor shall appoint three podiatrists to constitute this board. The term of office of one member shall expire in one year, one in two years, and one in three years. Thereafter, at the expiration of each member's appointment, the Governor shall appoint his successor for a three-year term of office. The Governor shall have the power to remove from office any members of said board for cause, but shall immediately appoint his successor for the unexpired term, or shall fill any vacancy that may occur. Code 84-602 amended. Section 3. Code section 84-603, relating to the examination of applicants to practice chiropody, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 242), is hereby amended by striking therefrom the word chiropody, wherever it appears, and by substituting in lieu thereof the word podiatry so that said section as amended hereby shall read:
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84-603. Examination of applicants to practice podiatry; time; qualifications of applicants. Podiatry 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 podiatry shall make written application through the Joint Secretary, State Examining Boards, to the Board of Podiatry Examiners 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 Podiatry offering no less than a minimum four year course in podiatry. 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 medica and therapeutics, clinical podiatry and such added subjects as shall subsequently be taught by accredited colleges of podiatry. 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 per cent of the subjects involved and not less than 50 per cent in any one subject. Code 84-603 amended. Section 4. Code section 84-604, relating to the examination fee and recording of annual registration, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 242), is hereby amended by striking said section, in its entirety, and by substituting in lieu thereof a new section 84-604 to read: 84-604. Examination fee, annual Registration Recorded. There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant to stand examination,
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fifty dollars ($50.00) which shall accompany the application. All licensed podiatrists practicing or legally residing in this State shall pay the Board of Podiatry Examiners annually before the first day of September, ten dollars ($10.00) license renewal fee, and podiatrist 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 twenty dollar ($20.00) annual license renewal fee to retain this license on an active basis. Otherwise continuation of podiatry practice shall be punishable as provided in this Act. Original license shall be recorded in the clerk's office in superior 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 podiatrists 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 podiatry 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. Code 84-604 amended. Section 5. Code section 84-605, relating to the distribution of funds, is hereby amended by striking therefrom the word Chiropody and by substituting in lieu thereof the word Podiatry so that said section as amended hereby shall read: 84-605. Fees paid by practitioners to go to fund in Stae Treasury. All moneys received by the Joint Secretary, State Examining Boards, under the provisions of this chapter shall be paid into the State treasury monthly, and a receipt issued for the same and credited on the books of the State Treasurer as the State Board of Podiatry Fund. The funds arising under the provisions of this chapter are hereby specially allocated for the compensation and expense of said board and the pro rata salary and expenses of the Joint Secretary, State Examining
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Boards, as contemplated by sections 84-101 and 84-102. After the compensation and expenses of said board have been paid, the board shall have the right to establish a reserve or emergency fund from the moneys arising under the provisions of this chapter, not in excess of $1,000. All surplus over the above mentioned expenses and the above mentioned surplus shall, on the first day of January of each year be placed in the general fund of the State. Code 86-602 amended. Section 6. Code section 84-606, relative to compensation and expenses of board, is hereby amended by striking said section, in its entirety, and by substituting in lieu thereof, a new section 84-606 to read: 84-606. Compensation and expenses of Board. Each member of said Board of Podiatry Examiners shall receive $10 per day for every day spent in performance of his duties in connection with this chapter and necessary traveling expenses actually incurred. All printing, postage, and other expenses incurred by the board shall be paid from the State Board of Podiatry fund. After expense is approved by said board and sent to the Governor, he shall issue his warrant upon the State Treasurer for the amounts due: Provided, that the amount so paid shall not exceed the amount received in advance by the Joint Secretary, State Examining Boards, under the provisions of this chapter. Code 84-606 Section 7. Code section 84-607, relating to license of non-resident practitioners; is hereby amended by striking said section, in its entirety, and by substituting in lieu thereof a new section 84-607 to read: 84-607. License of non-resident practitioners. Persons licensed to practice podiatry in other States having statutory requirements equal to those of this chapter may, in the discretion of the board, be issued a license to practice in this State without examination, upon the payment of $100 to the Joint Secretary, for the benefit of the Podiatry Board, if such States extend the same reciprocal privilege to this State. Code 84-607 amended.
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Section 8. Code section 84-608, relating to the revocation of licenses, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 242), is hereby amended by striking therefrom the word chiropody, wherever it appears; and by substituting in lieu thereof the word podiatry so that said section, as amended hereby, shall read: 84-608. Revocation of licenses. The Board of Podiatry Examiners may, by a majority vote, refuse to grant, or may revoke the license to practice podiatry 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 Georgia. 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 compell witnesses or material. Any witness refusing to appear and testify without legal excuse at such hearing of said board after having been served with a subpoena issued by said board, requiring such witness to appear 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
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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. Code 84-608 amended. Section 9. Code section 84-609, relating to incorporation for purpose of practicing chiropody and foreign corporations, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 242), is hereby amended by striking said section in its entirety and by substituting in lieu thereof a new section 84-609 to read: 84-609. Incorporation for purpose of practicing podiatry; foreign corporations. It shall be unlawful for any person or persons to incorporate under the laws of this State, for the purpose of practicing podiatry; but the foregoing shall not apply to accredited podiatry colleges as herein defined, whose students are receiving their practical training under personal supervision of licensed podiatrists. It shall be unlawful for any foreign corporation organized for such purpose to attempt to practice podiatry in this State. Any podiatrist must 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 podiatry. Code 84-609 amended. Section 10. Code section 84-610, relating to the limitations of application of Code chapter 84-6, is hereby amended by striking therefrom the word chiropody and by stubstituting in lieu thereof the word podiatry so that said section, as amended hereby, shall read: 84-610. Limitations of application of this Chapter. This chapter shall not apply to any legally licensed medical doctor, nor shall it prohibit the fitting, recommending, or the sale of corrective shoes, arch supports, or similar mechanical appliances by retail dealers or manufacturers:
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Provided, however, that such dealers or manufacturers shall not be entitled to practice podiatry as in this chapter defined, unless duly licensed to do so as hereinabove provided. Code 84-610 amended. Section 11. Code section 84-611, relating to limitations on advertising, enacted by an Act approved February 23, 1956 (Ga. L. 1956, p. 242), is hereby amended by striking therefrom the word chiropodist and by substituting in lieu thereof the word podiatrist so that said section, as amended hereby, shall read: 84-611. Limitations on advertising. A podiatrist 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. Code 84-611 amended. Section 12. Code section 84-9906, relating to the penalty for unlawful practice, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 242), is hereby amended by striking said section in its entirety, and by substituting in lieu thereof a new section 84-9906 to read: 84-9906. Penalty for unlawful practice. Any person who shall practice or attempt to practice podiatry 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 podiatry, or shall use any cutting instruments upon the feet, claiming to be practicing some other branch of the healing art, other than podiatry 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 Podiatry Board fund any expense incurred therewith. This Act shall not apply to any legally licensed medical doctor and
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furthermore provided that this Act shall not 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 podiatry or represent anyone connected with the business as podiatrists 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 hereinabove provided. Code 84-9906 amended. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. ROME JUDICIAL CIRCUITGRAND JURY TERMS. No. 209 (House Bill No. 1108). An Act to amend the Act approved March 13, 1957 (Ga. L. 1957, p. 629) prescribing the terms of Superior Court to be held in the Rome Judicial Circuit, so as to provide for the drawing of a grand jury for the January, May and September terms; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the Act approved March 13, 1957 (Ga. L. 1957, p. 629) prescribing the terms of Superior Court to be held in the Rome Judicial Circuit be and the same is hereby amended by striking section 2 of said Act, which now provides only for the drawing of a grand jury for the March and September terms, and by inserting in lieu thereof a new section so as to provide for the
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drawing of a grand jury at the January, May and September terms, as follows: Section 2. That the judge shall only draw a grand jury for the January, May and September terms, provided that the judge in his discretion may draw and require the attendance of a grand jury at any term of said court, but the duties of the grand jury shall not require them to perform any other service at such terms other than the January, May and September terms than they shall be charged by the presiding judge to attend to at such term. The effective date of this act shall be the September term 1958. Section 2. All laws or parts of law in conflict with this Act are hereby repealed. Approved March 21, 1958. WORKMEN'S COMPENSATION ACT AMENDEDCOUNTIES INCLUDED IN DEFINITION OF EMPLOYER. No. 211 (House Bill No. 894). An Act to amend Code Section 114-101, as amended, relating to the definition of Employer and Employee for the purposes of Workmen's Compensation, so as to include in the definition of employer the counties of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-101, as amended, relating to the definition of Employer and Employee for the purposes of workmen's compensation, is hereby amended by inserting in the first sentence after the words departments thereof, the words each county within the State, so that code section 114-101, as so amended, shall read:
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114-101. Employer shall include the State of Georgia and all departments thereof, each county within the State, any municipal corporation within the State and any political division thereof, any individual, firm, association or corporation engaged in any business operated for gain or profit, except as hereinafter provided, and the receiver or trustee of the same, any electric membership corporation organized under Chapter 34-A of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives, any telephone cooperative organized under Chapter 104-3, or other cooperative or nonprofit corporation engaged in furnishing telephone service, and the legal representative of a deceased employer, using the service of another for pay. If the employer is insured, this term shall include his insurer as far as applicable. Employee shall include every person in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein. In every county in the State of Georgia having a population of 300,000 or more according to the present or any future United States census, the term employee shall include all political divisions of the State of Georgia, including school districts and any other area whose management and operation for educational purposes is under
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the control and direction of the county board of education of such county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. THE COMMISSIONERS OF THE ORDINARIES RETIREMENT FUND OF GEORGIA. No. 213 (House Bill No. 1072). An Act to provide for retirement benefits for the ordinaries of Georgia; to provide for a retirement fund; to create a board to administer the funds; to provide for payments into the fund; to provide for disbursements from the fund; to provide for eligibility qualifications; to provide for a secretary-treasurer; to provide for all other matters necessary and relative to the foregoing; to repeal an Act providing for retirement benefits for ordinaries approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 362); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a board to be known as The Commissioners of the Ordinaries Retirement Fund of Georgia. Said Board shall consist of five members. The Governor of Georgia, the Attorney General of Georgia and the Chairman of the Ordinaries Group of the County Officers Association of Georgia shall be ex-officio members of said Board. The other two members of the board shall be elected by the Ordinaries group at the annual meeting. The members now serving shall continue to serve and the Ordinaries group shall elect one member each year for a term of two years. The terms of all members elected shall begin on the first day of January following their election. The members of said
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Board shall serve without pay, but shall be reimbursed for their actual expenses in attending meetings of the Board. The Governor and the Attorney General shall be compensated as provided by law for ex-officio officers. Created members. Section 2. There is hereby created the office of Secretary-Treasurer of said Board and the Secretary-Treasurer shall be elected and appointed by the Board and shall serve at the pleasure of the Board. His compensation and duties may be fixed by the Board, not to exceed five thousand ($5,000.00) per annum. Secretary-treasurer. Section 3. The Board shall have control of all funds provided for in this Act and all funds shall be received and disbursed in a special account to the credit of said Board. The expenses of administering this fund and the benefits provided for in this Act shall be paid from said funds. The Board shall have authority to expend the funds in accordance with the provisions of this Act and to invest any of the funds in any investments which are legal investments for trust funds under the laws of the State of Georgia. Duties of Board. Section 4. The said Board is hereby granted the following powers and duties: To provide for the collection of all monies provided in this Act, to pay the administrative expenses of the Board, to hear and decide all applications for retirement benefits provided for herein, to make payment of all retirement benefits that may be determined to be due under the terms of this Act, to make all necessary rules and regulations not inconsistent with the laws of the State of Georgia for its government and for the government of the employees of said Board, to determine and fix rules of eligibility of persons to receive retirement benefits, to make refunds and repayments to persons who may be entitled to receive same and to keep all records of its meetings and to have all powers necessary for the purpose of administering the provisions of this Act. Same. Section 5. The Board shall keep permanent records of all persons who qualify to participate in the benefits of
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this Act and shall keep an accurate record of all payments and disbursements and a detailed record of all the acts and doings of said Board. Records. Section 6. The Board may take by gift, grant or bequest any money, real or personal property, or any other thing of value and hold or invest the same for the use and purpose of said fund in accordance with the provisions of this Act. Gifts. Section 7. Before any person shall be eligible to participate in said retirement system, he or she must: (a) Be a duly qualified and commissioned ordinary of a county of the State of Georgia; (b) Make application for membership in said fund to the Board on a blank to be furnished by said Board for that purpose, giving such information, and verification and proof thereof, as may be required by said Board; Membership requirement application. (c) File such application with said Board within a period of twelve months from the date of the approval of this Act, if serving as such ordinary on said date of approval hereof and remaining in such capacity for said period of twelve months, or forever be barred from membership in said fund; or, (d) File such application within a period of twelve months from the date of first becoming such ordinary, if such date is subsequent to the date of approval of this Act, or forever be barred from membership in said fund; (e) File with such application a sworn statement, setting out the length of time served as ordinary by the applicant since December 22, 1953, and his or her net earnings by the month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she be on fee basis, but by the gross amount if he or she be on salary, provided, however, that if by either method the income of such ordinary for his or her services as such shall exceed
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twelve thousand ($12,000.00) dollars or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be not more than twelve thousand ($12,000.00) dollars during such year, and shall be adjusted to this figure; (f) Remit to the Board with said application, 5% of such net monthly earnings up to a total of twelve thousand ($12,000.00) dollars income for any calendar year, or an average of one thousand ($1,000.00) dollars income per month during such calendar year, but no more, as dues for said period, together with interest at a rate of 7% per annum from the end of the month in which accrued; (g) File with said Board a sworn statement as to net earnings for each month subsequent to admission as a member by the tenth of the following month, which net earnings shall be arrived at as is provided in subsection (e) hereof, provided that if the income of such ordinary for his or her services as such shall exceed twelve thousand ($12,000.00) dollars, or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be twelve thousand ($12,000.00) dollars per such year, and shall be adjusted to this figure at least once during such year, and; (h) Tender to the Board with each such monthly statement, 5% of such earnings for said month as monthly dues, but said monthly dues shall not average more than 5% of one thousand ($1,000.00) dollars per month during any given calendar year, or a total of 5% of twelve thousand ($12,000.00) dollars during any such calendar year, and; (i) All applications for membership, sworn statements of net earnings, remittances of dues, and all other information, facts or figures in connection with the provisions of this section are subject to being examined, audited and approved by said Board.
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Section 8. The sum of one ($1.00) dollar for each marriage license sold in each county of this State shall be paid to the Board. This amount shall be deducted from the cost of marriage, licenses by each ordinary and retained by him. Then, by the tenth day of each succeeding month each ordinary shall remit the amount so collected and retained to the Board. It shall be the duty of each ordinary to keep accurate records of the number of marriage licenses sold and such records may be audited by the Board at any time. If any ordinary should fail to accurately report the amounts retained by him and fail to remit the proper amount to the Board as provided herein, the Board shall have the authority to declare such ordinary ineligible for participation in the retirement fund created herein. The sums remitted to the Board under this paragraph shall be used for the purpose of paying retirement benefits herein provided for and the cost of administration incurred by the Board, provided, however, the sum of one ($1.00) dollar as provided herein shall be in addition to the fees now prescribed for such services. Contributions. Section 9. In order for an ordinary to be eligible to receive retirement benefits as is provided for in said Act, he or she: (a) Must have served at least four years, during which compliance with section 7 as is hereby amended was carried out, as a regularly qualified and commissioned ordinary of a county of the State of Georgia; Qualifications necessary to receive retirement benefits. (b) Must have fully complied with all the provisions of said Act; (c) Must have terminated his or her official capacity as such ordinary; (d) Must have attained the age of sixty-five (65) years; (e) Must have filed with said Board his or her application for such retirement, on a form to be furnished by
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said Board, within a period of ninety (90) days, or as soon thereafter as possible, after reaching the age of sixty-five (65) years or termination of his or her official capacity as ordinary, whichever may occur last in point of time, and; (f) Provided, however that any person who upon the approval of this Act is serving as ordinary of any county in the State of Georgia and who is also a member and participant in the Ordinary's Retirement Fund of Georgia shall be given full credit in computing their years of service of retirement purposes without additional contribution to the fund for any period that they may have served as clerk or deputy clerk to the ordinary, provided notice of such service shall be filed by said ordinary with the secretary-treasurer of said fund within a period of twelve (12) months after the date of approval of this Act. (g) Said application must have been approved by said Board. Section 10. Any such ordinary who is approved for retirement benefits as is provided in section 9 as amended hereby, if such ordinary shall have served no more than four years as such, shall be paid a monthly sum equal to 10% of his or her average monthly net earnings as may be averaged from reports of such earnings as provided for in section 7 as amended hereby, and if such ordinary shall have served more than said four years, two and onehalf per cent of his or her average monthly net earnings, as aforesaid, shall be added thereto for each such additional year up to, but not exceeding a total of twenty years, provided that no time prior to December 22, 1953, or for which dues have not been paid in accordance with section 7 as amended hereby shall be considered in determining the number of years of service of any such ordinary upon which to base retirement pay hereunder, except as is provided in sub-section (f) of section 9 hereof as amended. Same, retirement. Section 11. In the event any such ordinary should die or terminate his or her official capacity as such for any
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reason other than for contemplated retirement hereunder, the legal representative of his or her estate or he or she, as the case may be, may apply to said Board for and be reimbursed the full amount of any and all dues paid by such ordinary under the provisions of section 7 hereof; and in the event any such ordinary should retire hereunder and subsequently thereto die before being paid retirement benefits in an amount equal to such dues paid by him or her under section 7 hereof, said Board shall pay to the estate of said deceased such sum as may be left of said dues paid pursuant to section 7 hereof, but no dues may be refunded otherwise or under other circumstances. Withdrawal of contributions. Section 12. In the event the funds derived from the sources provided for in this Act shall not be sufficient at any time to enable the Board to pay in full each person determined to be entitled to the benefits, then the prorated percentage of such payments shall be made to each person until the funds shall be replenished sufficiently to enable the Board to resume such payments in accordance with the terms of this Act. Before resuming such payments, all persons who have received deficient payments shall be paid in full. In no event shall the Board or a member thereof be liable to any person for any deficiency in payments made under this section. Procedure if funds insufficient. Section 13. No person shall be eligible for retirement benefits provided for in this Act until he or she has reached the age of sixty-five (65) years. However, any other provision of this Act to the contrary notwithstanding, any person who has completed twenty (20) years of service as a regularly qualified and commissioned ordinary of a county of the State of Georgia, and has met all other requirements of this Act except that he or she has not attained the age of sixty-five (65) years, may sever his or her relations as a regularly qualified and commissioned ordinary of a county of the State of Georgia, cease payments of any dues into said fund whatsoever and upon reaching the age of sixty-five (65) years and filing his or her application as is provided for in subsection
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(e) of section 9 as is enacted hereby, commence receiving the retirement benefits provided for in said Act. Retirement. Section 14. The Board shall have authority to require the secretary-treasurer to give a good and sufficient surety bond in an amount to be determined by the Board, the bond to be payable to the Board and shall be conditioned upon the proper and faithful performance of the duties as such secretary-treasurer. The treasurer shall be required to make quarterly reports to the Board showing all receipts and disbursements in such form and in such manner as the Board may require and he shall likewise be required quarterly to make a full account of all monies or property coming into his hands at any time. Bond of secretary-treasurer. Section 15. The State Auditor is authorized and directed to make an annual audit of the acts and doings of the Board and to make a complete report of the same to the legislature in such detail as he may see fit. The State Auditor shall also have the right to audit the affairs of the Board and any of its employees at any time that he may see fit or that he may be requested to do so by the Board or by the Governor. Audits. Section 16. In all criminal and quasi-criminal cases for violating state statutes or traffic laws that shall be tried before any ordinary in this State wherein a fine, which shall be construed to include cost, is collected, for the violation of a State statute or traffic law, or wherein a bond is forfeited and the result of the forfeiture is the final disposition of the case, a sum based upon the scale set out hereinafter 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 ordinary, person, or authority collecting the same. Such sums shall be paid upon the following scale: Contributions. For any fine or bond forfeiture of more than $4.00, but not more than $25.00.....$1.00 For any fine or bond forfeiture of more than $25.00, but not more than $50.00.....$1.50
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For any fine or bond forfeiture of more than $50.00, but not more than $100.00.....$2.00 For any fine or bond forfeiture of more than $100.00.....$2.50 The sum provided for shall be paid to the secretary-treasurer before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is hereby made the duty of the ordinary, person, or authority collecting the said money to keep accurate records of the amount due the Board so that the same may be audited or inspected at any time by any representative of the Board by direction of the Board. Sums remitted to the secretary-treasurer under this section shall be used as provided for elsewhere in this Act. Section 17. If any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof. Section 18. 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) and an Act approved March 17, 1956 (Ga. L. 1956, p. 805), is hereby repealed in its entirety and each of said amendatory Acts is likewise repealed in its entirety. Prior Acts repealed. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958.
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SOLICITORS GENERAL MAY APPOINT INVESTIGATORS IN CERTAIN COUNTIES. No. 214 (House Bill No. 1045). An Act to authorize the solicitors general of the superior court in certain counties to appoint certain investigators; to provide for the compensation of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investigator and to define his powers and functions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The solicitor general of the superior court in counties having a population over 300,000, according to the 1950 United States Census or according to any other future census, may with the approval of the governing authority of such counties appoint such investigators as he shall deem necessary and proper for the purposes of investigating violations of the law in such counties and selecting such other assistants as may be required of same by the solicitor general of said court. Said investigators shall be compensated upon such terms and in such amount as shall be determined by the governing authority of said county. Said investigators shall act as peace officers of the State of Georgia in said county, and as such shall have the same power to make arrests as the sheriffs of the several counties of this State and their lawful deputies. They shall, likewise, have the same authority as the sheriffs, the deputies and court bailiffs to serve warrants, rules, orders and processes of any kind issued by or made returnable to the superior court of said county and to make proper rights of service thereto. Counties where applicable. Section 2. The solicitor general of the superior court in said counties may appoint one such investigator as chief investigator and use such chief investigator to supervise and assist such investigators in the performance of their duties as provided for by this Act and as they may be required by the solicitor general of said court. Chief investigator.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. CONSTABLES' FEES. Code 24-820 Amended. No. 218 (House Bill No. 910). An Act to amend Code section 24-820 pertaining to fees of Constables, as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1449), so as to change the fees of constables; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-820 pertaining to fees of Constables, as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1449) is amended by striking said section in its entirety and inserting in lieu thereof a new section which shall read as follows: Section 24-820. The following shall be the fees for constables of the militia districts: Serving warrant within the boundaries of his district $ 3.00 Serving warrant outside boundaries of his district 3.00 Serving summons or attachment 2.50 Each return by officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered 1.00 Attending trial on day other than court day 2.00 Levying Fieri Facias 2.50 Settling fieri facias, when property not sold 1.25 Returning nulla bona 1.00 Summoning jury on request 2.00 Collecting executions issued by coroners 1.50 Keeping each dog, per day .50 Keeping horse, mule, ox or ass per day 1.00 Keeping each head of meat cattle per day .50 Keeping each head of sheep, goats or hogs .50 All sales made by him, amount on sales commission 10% Attending grand jury, per day 1.00 Serving warrants in criminal cases 3.00 Keeping and maintaining prisoner before examination under 24 hours 2.00 Serving rule to establish lost papers .70 Every additional copy .60 Serving each order as issued by a Justice of the Peace 1.00 Each additional copy .60 Following property out of county, going, returning, per mile .10 Levying each distress warrant 3.50 Each advertisement 1.50 Taking bond in civil cases 1.25 Taking bond in criminal cases 2.50 Executing search warrant 2.00 Executing search warrant in house or vessel 3.50 Serving garnishment summons 1.00 Each additional copy .50 Summoning jury 2.00 Attending jury on appeal 1.00 Executing warrants against tenents and intruders 3.00 Serving possessory warrant 2.00
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958.
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COMMISSIONER OF AGRICULTUREEXHIBITS AT AGRICULTURAL FAIRS. No. 223 (House Bill No. 1060). An Act to authorize the Commissioner of Agriculture to establish exhibits at agricultural fairs so as to advertise and promote the agricultural resources of this State; to provide proceedings connected therewith; to provide qualifications for agricultural fairs; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Commissioner of Agriculture is hereby authorized to advertise and promote the agricultural resources of this State through the use of educational exhibits at agricultural fairs. The Commissioner of Agriculture is authorized to establish such exhibits in cooperation with the College of Agriculture, University of Georgia and the University of Georgia Extension Service, and other State departments when he so desires. Section 2. To qualify as an agricultural fair, the organization sponsoring such fair must be able to show that at least ten per cent of the total receipts thereof are paid out in the form of premiums, scholarships or agricultural programs. The organization sponsoring the agricultural fair must be a non-profit organization with the profits thereof being spent back on the enterprise or paid out in the form of premiums, scholarships, or educational programs. Transportation costs, space rental or utility costs at any such agricultural fair shall be borne by the organization sponsoring such fair. Section 3. Nothing in this Act shall be construed to prohibit governmental agencies from participating in or exhibiting the resources of this State at any such fair. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958.
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SOCIAL SECURITY. No. 226 (Senate Bill No. 238). An Act to amend an Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), and as amended, so as to provide for definitions; to provide for Federal-State agreement; to provide for separability; to provide for effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), and as amended, is hereby amended by adding to the end of subsection (b) of section 2 (Section 99-2102 (b), Ga. Ann. Code), a new paragraph to read as follows: For the purpose of this Act, any individual compensated for services as a school bus driver, either through a contractual relationship or otherwise, is deemed to be an employee of the governing Board of Education for which such services are performed. School Bus drivers. Section 2. That said Act of 1953, as amended, is further amended by striking from said Act of 1953, as amended, paragraph numbered (3) of subsection (a) of section 3 (Section 99-2103 (a) (3), Ga. Ann. Code), which relates to effective date of agreements and inserting in lieu thereof the following: (3) Such agreement shall be effective as of the date specified therein provided; however, it shall not be effective
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prior to the date permitted by the Federal Social Security Act with respect to services in employment covered by the agreement. Effective dates of agreements. Section 3. Section 3 of said Act, as amended, is further amended by adding to the end of subsection (c) of section 3 (Section 99-2103 (c), Ga. Ann. Code), a new sentence to read as follows: Provided further, pursuant to section 218 (p) of the Social Security Act, and also for the purposes of this law, any retirement system which covers positions of policemen or firemen, or both, and other positions shall, if the Governor so elects, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be. Policemen and firemen. Section 4. Section 3 of said Act, as amended, is further amended by adding a subsection immediately following subsection (c) of section 3 (99-2103 (c), Ga. Ann. Code), to be known as subsection (d), to read as follows: (d) For the purposes of this Act any retirement system established by the State of Georgia or any political subdivision thereof, or established by an Act of the General Assembly, which, on, before, or after the date of enactment of this subsection is divided into two divisions or parts, one of which is composed of positions of members of such system who desire coverage under the agreement under this Act and the other of which is composed of positions of members of such system who do not desire such coverage, shall, upon the Governor's authorization of a referendum for a retirement system as defined in the Social Security Act, be deemed to be a separate retirement system with respect to each such division or part; provided, however, at the election of the Governor, the referendum and the division of such system may occur simultaneously as authorized by section 218 (d) (7) of the Social Security Act. The positions of individuals who become members of such system after such coverage is extended shall be included in such division or part of such system composed of members desiring such coverage.
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The position of any individual which is covered by any retirement system to which the preceding two sentences are applicable shall, if such individual is ineligible to become a member of such system on the date of August 1, 1956, or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under this Act. Divisions of retirement systems. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Conflicting laws. Section 6. Effective date. This Act shall take effect immediately upon its passage and approval by the Governor. Effective date. Approved March 21, 1958. MUNICIPAL CORPORATIONS. Code 69-101, 69-102, 69-103 and 69-104 repealed. No. 233 (House Bill No. 665). An Act to repeal Code Chapter 69-1 pertaining to the repeal or amendment of charters of certain cities, which Code chapter consists of Code section 69-101 pertaining to a referendum to repeal or amend charters of certain cities, Code section 69-102 pertaining to the procedure for such referendum, Code section 69-103 describing the amendments to municipal charters which are affected by said Code Chapter, and Code section 69-104 pertaining to the abolition of offices created by a municipality, said chapter having been codified from the provisions of an Act approved August 22, 1925 (Ga. L. 1925, p. 136), as amended by an Act approved July 19, 1927 (Ga. L. 1927, p. 244); to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 69-1 pertaining to the repeal or amendment of charters of certain cities, which Code chapter consists of Code section 69-101 pertaining to a referendum to repeal or amend charters of certain cities, Code section 69-102 pertaining to the procedure for such referendum, Code section 69-103 describing the amendments to municipal charters which are affected by said Code chapter, and Code section 69-104 pertaining to the abolition of offices created by a municipality, said chapter having been codified from the provisions of an Act approved August 22, 1925 (Ga. L. 1925, p. 136), as amended by an Act approved July 19, 1927 (Ga. L. 1927, p. 244) is hereby repealed in its entirety. Code 69-101 thru 69-104 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. JUSTICES OF THE PEACEFEES. No. 235 (House Bill No. 912). An Act to amend Code section 24-1601 pertaining to fees of Justices of the Peace, as amended, particularly by an Act approved February 23, 1949 (Ga. L. 1949, p. 956), so as to change the fees of Justices of the Peace; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-1601 pertaining to fees of Justices of the Peace, as amended, particularly by an Act approved February 23, 1949 (Ga. L. 1949, p. 956) is amended by striking said section in its entirety and inserting in lieu thereof a new section which shall read as follows:
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Section 24-1601. The following shall be the fees for justices of the peace of this State and it shall be lawful for said justices of the peace to charge and collect the same: Each original summons $1.00 Each copy summons .75 Filing papers in any case .25 Seal .25 Affidavit and bond to obtain attachment and issuing same 3.00 Entering judgment in each case 1.00 Trial of each case when same is litigated 1.50 Docketing each case .75 Each witness sworn .50 Issuing each execution 1.00 Affidavit to obtain possessory warrant, Making out and issuing same 3.00 Taking possessory warrant 3.00 Making out interrogatories and certifying same 3.50 Making out recognizances and returning same to court 1.00 Each subpoena for witness .25 Issuing each distress warrant 3.00 Each affidavit when no case pending .75 Answering every writ of certiorari to superior court 5.00 Presiding at trial of forcible entry and detainer 4.00 Presiding at trial of right of way 3.00 Issuing rules to establish lost papers 2.00 Trying the same 1.00 Presiding at trial of nuisance 2.00 Witnessing any paper .75 Affidavit and bond to obtain garnishment 2.50 Issuing summons of garnishment 1.00 Each additional copy of garnishment .75 Settling case before judgment 1.00 Claim affidavit and bond 1.50 Trying same 1.00 Drawing bonds in Civil and Criminal cases 3.00 Certifying transcript 1.50 Entering appeal to Superior Court 2.00 Issuing each search warrant 3.00 Taking testimony in criminal case 2.50 Issuing order to sell perishable property 2.00 Each lien foreclosure and docketing same 3.00 Entering appeal in Justice Court 1.50 Drawing jury and making out list 2.00 Each order issued by Justice 1.50 Each case tried by jury 1.00 Issuing commission to take interrogatories 4.00 Backing fieri facias .75 Rule nisi against officer .75 Trying the same .75 Judgment on same .75 Attachment for contempt against officer of Court 1.00 Issuing warrant to dispossess or against intruders 3.00 Bail trover, affidavit, summons and trial 3.00 Each criminal warrant issued 2.50 Taking examination of person charged with criminal offense 2.50 Examination of each witness in criminal case .75 Making out commitment .75 Judgment in each criminal case 1.00 Waiving committal trial 1.00
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. POLITICAL SUBDIVISIONSBONDED INDEBTEDNESS. No. 239 (House Bill No. 960). An Act to provide that all amounts collected and held in a sinking fund pursuant to the provisions of The Constitution of the State of Georgia, 1945, Art. VII, VIII, Paragraph 1, and irrevocably pledged and appropriated to the retirement of the outstanding bonded indebtedness for which they are collected and which
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cannot be legally used for any other purpose, shall be deductible from total bonded debt in order to compute the constitutional limitation on the bonded indebtedness of a political subdivision of this state under the provisions of The Constitution of The State of Georgia, 1945, Art. VII, VII, to repeal laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by authority of the same: Section 1. All amounts collected and held in a sinking fund pursuant to the provisions of The Constitution of The State of Georgia, 1945, Art. VII, VIII, Paragraph 1, Ga. Code Ann., 2-6101, and irrevocably pledged and appropriated to the retirement of the outstanding bonded indebtedness for which they are collected and which can be legally used for no other purpose, shall be deductible from total bonded debt in computing the constitutional limitation on the bonded indebtedness of a political subdivision of this State under the provisions of The Constitution of The State of Georgia, 1945, Art. VII, VII, Ga. Code Ann., Ch. 2-60. Computation. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 21, 1958. SUPPORT OF MINOR CHILDREN IN CERTAIN CASES. No. 242 (House Bill No. 1004). An Act to provide for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same and custody of such children is awarded to a third party or to the mother subsequently to the divorce decree.
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To establish the procedure for enforcing the support judgment and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. Whenever the custody of a minor child or children shall have been lawfully awarded, by any court having jurisdiction thereof, to any person other than the father of said children, at any time subsequent to the rendition of a final divorce decree between the father and mother of said children, which decree contains no specific provisions binding the father for the support of such child or children, the person to whom the custody of such child or children shall be awarded may, by petition, apply to the judge of the superior court in the county where the father of said child or children shall reside for an order and judgment fixing the amount of support money that the father shall provide in order to fulfill his natural duty to supply the necessaries of life for such child or children. The procedure herein provided for shall be available in cases wherein the mother of said children is the petitioner, notwithstanding the divorce decree and judgment may have been rendered in favor of the father. The order and judgment of the court shall remain in effect except as limited by its own restrictions, and the provisions of this act, so long as the petitioner remains in lawful custody of said child or children, and until they become of age. Execution may be granted to the petitioner for any sums past due under such order and judgment, in accordance with procedures now existing in cases of judgments for alimony. Such petition shall be served upon said father and heard before the judge, unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of a change in the income of the father of said child or children, under the same terms and conditions as now provided
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for in cases of permanent alimony for the support of children granted in connection with the rendition of a final decree in divorce cases. Approved March 21, 1958. STATE BOARD OF EDUCATIONEDUCATIONAL SERVICES FOR SEVERELY MENTALLY RETARDED CHILDREN. No. 246 (House Bill No.892). An Act to authorize the State Board of Education to provide educational and training services for severely mentally retarded children; to authorize the board to promulgate rules, regulations and standards and to establish terms and conditions governing the provision of State aid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Board of Education shall have the authority to provide educational and training services for severely mentally retarded children for whom public school classes are not available by any one or more of the following methods: (1) By contracting with suitable private organizations inside or outside the State of Georgia for the provision of such services; (2) By making grants to the parents of such children for use by them in obtaining such services; or (3) By entering into reciprocal agreements with other States or political subdivisions thereof for the provision of such services. The board shall have the power and right to promulgate any rules, regulations and standards and to establish the terms and conditions governing the
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provision of State aid hereunder, together with the power and authority to do and perform any and all acts necessary or proper to carry out the provisions, intent and purpose of this Act. (4) The State Board of Education is hereby authorized, in addition to other authority herein granted, to establish, operate and maintain such facilities it deems necessary to provide educational and training services for mentally retarded children. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. MOTOR FUEL DISTRIBUTORSBONDS. No. 248 (House Bill No. 891). An Act to amend subsection (E) of Code section 92-1406, as provided in an Act approved March 18, 1937 (Ga. L. 1937, p. 167), relating to the bond required of a licensed distributor of motor fuel, so as to authorize the pledging of certain additional bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (E) of Code section 92-1406, as provided in an Act approved March 18, 1937 (Ga. L. 1937, p. 167), relating to the bond required of a licensed distributor of motor fuel, is hereby amended by adding after the word Georgia, the words: and/or bonds of any public authority created by an Act of the General Assembly and/or bonds issued pursuant to the provisions of the `Revenue Bond Law' (formerly `Revenue Certificate Law of 1937'), approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 36).
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so that when so amended, subsection (E) shall read as follows: (E) In lieu of furnishing a bond or bonds executed by a surety company as surety, as hereinbefore in this section provided, any distributor may furnish his bond or bonds not so executed provided he shall concurrently therewith deposit and pledge with the Comptroller-General direct obligations of the United States and/or obligations of any agency of the United States fully guaranteed by it and/or bonds of the State of Georgia and/or bonds of any public authority created by an Act of the General Assembly and/or bonds issued pursuant to the provisions of the `Revenue Bond Law' (formerly `Revenue Certificate Law of 1937'), approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 36) of equal full amount to the amount of the bond or bonds required by this section as collateral security for the payment of such bond or bonds. Bonds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. PRESIDENTIAL ELECTORS. No. 251 (House Bill No. 1055). An Act to provide for the election of President and Vice President of the United States as authorized by the Constitution of the United States; to provide for the nomination and certification of party candidates for such electors; for the printing of the ballot forms for the election of such electors; for the determination of disputes concerning nominations of candidates for such electors; and for the certification of the result of such election; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. This Act is enacted in pursuance of the power conferred upon the General Assembly by Article II, Section I, Paragraph II, of the Constitution of the United States, which in prescribing the method whereby the President and Vice-President of the United States shall be elected, provides that each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in Congress; but no Senator or Representative or person holding an office of trust or profit under the United States, shall be appointed an elector. Section 2. As used in this Act the term State Executive Committee shall mean the State executive committee of a political party chosen as provided for at the last preceding regular Georgia State convention of such party held in the State following a state-wide primary to nominate such party's candidate for Governor of Georgia, and held pursuant to rules and regulations adopted for such primary. With respect to any party which did not hold a primary to nominate a candidate for Governor for the last preceding general election for Governor, the term State Executive Committee shall mean the State executive committee of such party selected at the last preceding regular convention of the party called to nominate a candidate for Governor of Georgia or, in case such party did not nominate a candidate for Governor for the last preceding general election, to nominate delegates to the last preceding national convention of the party at which a candidate for President was nominated, and attended by delegates from a majority of the counties of Georgia. State Executive Committee. Section 3. Electors of President and Vice-President of the United States, hereinafter referred to as Presidential Electors, shall be elected on Tuesday after the first Monday in November, in every fourth year, by the voters of the State qualified to vote for members of the General Assembly, in the manner hereinafter provided. Presidential Electors.
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Section 4. The State executive committee of each political party which shall have nominated candidates for President and Vice-President of the United States, and which shall have received in the last preceding election at which electors of President and Vice-President were chosen not less than five (5%) per centum of the total number of votes cast in the State, shall at least sixty days before the date of such election, file with the Secretary of State of Georgia, under the official signatures of the chairman and secretary of such State executive committee, a list of the nominees of such party for presidential electors. Such nominees shall be chosen by the State executive committee of such party and shall consist of persons who are not disqualified to serve as Presidential electors, under the Constitution and laws of the United States and of the State of Georgia. Each such State executive committee of such political party shall select and certify to the Secretary of State, as such party's candidates for Presidential electors, as many candidates as the State is entitled to Presidential electors, to-wit: a number equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: Provided that at least one candidate for Presidential elector shall be selected and certified from each Congressional district of the State. All of such electors shall be elected from the State at large and not from Congressional districts. Same, Certification to Secretary of State. Section 5. If any political party which did not nominate candidates for President and Vice-President of the United States at the last preceding election for Presidential electors, or which did not receive five (5%) per centum of the total vote cast in such last preceding election, desires to qualify candidates for Presidential electors, it may do so through the State executive committee of such party, provided such party shall file with the Secretary of State, with its certification of its nominees for Presidential electors, a petition requesting that such nominees be placed upon the official ballot as the nominees of such party, signed by not less than five (5%) per centum of the registered voters in the State, as shown by the registration lists for such last preceding election.
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Any citizens of Georgia who is qualified to serve as Presidential elector, and who is not the nominee of a political party, may qualify as a candidate for Presidential elector by filing with the Secretary of State, at least sixty days before such general election, notice of his candidacy, accompanied by a petition requesting that his name be placed upon the official ballot as such candidate and signed by not less than five (5%) per centum of the registered voters in the State, as shown by the registration lists for the last general election. Provided, however, that no petition for the qualification of candidates for Presidential electors, either as individuals or as party nominees shall be sufficient unless it shall be signed by at least 200 registered voters residing in each of at least 100 different counties of the State. Same. Section 6. The Governor shall prepare the form of ballots for the election of Presidential electors in the following manner: He shall list in separate columns on the ballot form for the general election at which such electors are to be elected, the nominees of the various parties, made and certified as hereinbefore provided. He shall list in another separate column the names of citizens who have qualified as candidates for electors and are not nominees of any political party. Each such list of party nominees shall be printed on the ballot under a heading which shall state only that they are the nominees of their political party for Presidential electors. The name of no other candidate or person shall be printed in any such column or elsewhere on the official ballot form as a candidate for elector or as a candidate for President or Vice-President of the United States. The columns listing the names of the nominees of political parties, and the column listing the names of the other candidates who may have qualified hereunder, shall appear on the ballot separately from the columns listing the nominees of political parties, or other candidates, for State offices, including United States Senators and Members of Congress. Ballots. Section 7. Returns of elections of Presidential electors shall be made to the Secretary of State as provided by law with respect to returns of elections of State-house officers.
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Such returns shall be consolidated by the Secretary of State and certified by him to the Governor. The Governor shall ascertain and declare the result of the election for Presidential electors and shall notify those persons who receive a majority of the votes cast of the fact of their election as provided by section 34-2502 of the Code of Georgia. If all or a majority of the electors have not received a majority of the votes cast, electors shall be chosen in the manner provided by chapter 34-25 of the Code of Georgia of 1933. The State's Presidential electors shall, in their acts, be governed by said chapter 34-25 of the Code of Georgia, and by the Constitution and laws of the State and the United States. Election returns. Section 8. The Governor, the Secretary of State and the Attorney-General shall constitute a Board of Election Commissioners for the administration of this Act. The Governor shall be chairman of the board. They shall decide all controversies that may arise in connection with the qualification of candidates for electors of President and Vice-President and in connection with the administration of this Act, including, without limiting the generality of the foregoing, all questions as to the form of the language to be printed on the official ballot with reference to the election of electors, all questions as to the authority of persons acting or purporting to act on behalf of any political party in certifying nominees, all questions as to whether any political party is entitled to have the names of its nominees placed on the ballot, all questions as to the sufficiency of any petition of voters submitted hereunder, all questions relating to the time of qualifying, and all questions as to the sufficiency of the certification or qualifying papers of any candidate or nominee for elector, as well as all questions as to whether any such candidate or nominee is disqualified to serve as elector under any provisions of the Constitution or laws of Georgia or of the United States. The decision of the board on any such question shall be final, and shall be followed by the Governor, the Secretary of State, and the ordinaries of the counties of the State, in the preparation of the form of ballot, the conduct of the election, and in the certification
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and declaration of the result, and in all other matters to which such decision may be relevant. Board of Election Commissioners. Section 9. It is the intention of this Act to provide for the election of the State's Presidential electors in the method hereinbefore provided, that is, that they shall be chosen as such electors without reference to any candidate for President or Vice-President of the United States and without the names of any candidate for President or Vice-President being printed on the official ballot in connection with the names of candidates for Presidential electors. Intent Section 10. This Act shall supersede section 34-1904 of the Code of Georgia of 1933, as amended, and all other provisions of chapter 34-19 of the Code of Georgia of 1933, and all other provisions of law, in so far as such chapter or any such Code section or any such provision of law may relate to the election of electors of President or Vice-President of the United States or the election of President and Vice-President of the United States. It shall not supersede such sections or such chapter of the Code or such laws in so far as they relate to other offices. Same. Section 11. This Act shall be effective upon the Governor's signature for a period of 4 years only and upon expiration of 4 years from the date of such signature the provisions of this Act shall be void and of no effect. Effective date. Section 12. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958.
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MARRIAGE LICENSES. Code 53-202 Amended. No. 252 (Senate Bill No. 211). An Act to amend Code section 53-202, relating to the application for a marriage license, so as to provide for a waiting period for such license; to provide for a penalty; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 53-202, relating to the application for a marriage license, is hereby amended by adding at the end thereof the following: Provided, however, that no marriage license shall be issued earlier than three days following the application therefor, and any person who issues such license in violation of this proviso shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Provided further, however, that the preceding proviso shall not apply in any case where the parties to the marriage are at least twenty-one (21) years of age and shall not apply in any case where the proposed wife is pregnant, providing that the proposed wife executes an affidavit to the fact that she is pregnant, regardless of the age of either party. No license shall be issued between 6:00 p.m. and 8:00 a.m. so that when so amended, section 53-202 shall read as follows: 53-202. A marriage license shall be issued on written application therefor made by the person seeking such license, verified by oath of the applicant, which application shall state that there is no legal impediment to the marriage, and shall give the full name of the proposed husband, with date of birth, present address, and name
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of his father and mother if known, and if unknown shall so state, with present name of the proposed wife with date of her birth and present address with the name of her father and mother if known, and if unknown shall so state. Provided, however, that no marriage license shall be issued earlier than three days following the application therefor, and any person who issues such license in violation of this proviso shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Provided further, however, that the preceding proviso shall not apply in any case where the parties to the marriage are at least twenty-one (21) years of age and shall not apply in any case where the proposed wife is pregnant, providing that the proposed wife executes an affidavit to the fact that she is pregnant, regardless of the age of either party. No license shall be issued between 6:00 p.m. and 8:00 a.m. Section 2. The provisions of this Act shall become effective on September 15, 1958. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. DIRECTOR OF STATE PARKSCOMPENSATION. No. 253 (House Bill No. 983). An Act to change the compensation of the Director of the Department of State Parks; 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 Director of the Department of State
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Parks shall be compensated in the amount of $7,400.00 per annum, payable in semi-monthly installments. Section 2. This Act shall become effective immediately upon its approval by the Governor, or its otherwise becoming a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. STATE BOARD OF ACCOUNTANCY. Code 84-201, 84-211 Amended. No. 254 (Senate Bill No. 298). An Act to amend Code section 84-201, relating to the State Board of Accountancy, as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 363), so as to change the compensation of the members of said board; to amend Code section 84-211, relating to the registration of non-resident accountants, as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 84), so as to change the provisions relating to the fee and amount thereof to be assessed against non-residents upon registration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-201, relating to the State Board of Accountancy, as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 363), is hereby amended by striking therefrom the figure $7 and by substituting in lieu thereof the figure $25.00 so that said section as amended hereby, shall read: 84-201. The State Board of Accountancy; creation; membership; appointment; renewal; qualifications; vacancies; compensation. The State Board of Accountancy
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shall consist of five members to be appointed by the Governor with the approval of the Secretary of State and shall be confirmed by the Senate, four of whom shall be certified public accountants who have practiced as such in the State of Georgia, under certificates issued by this State, for at least four years, and one of whom shall be a practicing attorney at law who has practiced as such in the State of Georgia for at least four years. The members of the State Board of Accountancy in office April 1, 1943, shall continue in office for the remainder of their respective unexpired terms as members of the State Board of Accountancy. Thereafter, the first member of said board to be appointed by the Governor shall serve on said board until June 30, 1945; the next member appointed by the Governor shall serve on said board until June 30, 1946; the next member appointed by the Governor shall serve on said board until June 30, 1947, and the remaining two of said members, including the attorney member, upon appointment by the Governor, shall serve on said board until June 30, 1948. All other subsequent appointments shall each be for a term of four years. No member of said board shall serve as such for more than two terms, consecutive or otherwise. Any member of the board may be removed by the Governor for misconduct, incompetency, or neglect of duty. Vacancies shall be filled by appointment by the Governor for the unexpired term. The members of the board shall receive $25.00 for each day of actual attendance upon meetings of the Board, and actual traveling expenses. Section 2. Code section 84-211, relating to the registration of non-resident accountants, as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 84) is hereby amended by striking said section, in its entirety, and by substituting in lieu thereof a new Code section 84-211 to read: 84-211. Registration of non-resident accountants; fee. The holder of a valid and unrevoked certificate as a certified public accountant, or its equivalent, issued under the authority of any State or political subdivision of the State, or any foreign country, who is not a resident
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of the State of Georgia, may practice accountancy in this State by registering with the board on or before January 1 of each year, and paying a fee of $5.00. Upon the payment of such fee the board shall issue a certificate of such registration. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. GARNISHMENTSERVICE OF ANSWER. Code 46-301A Enacted. No. 255 (House Bill No. 990). An Act to amend Code chapter 46-3 pertaining to answers to writs of garnishment and traverse thereof, so as to provide for service of answers upon the plaintiff or his attorney in garnishment cases; to describe the procedure in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 46-3 pertaining to answers to writs of garnishment and traverse thereof is amended by inserting following Code section 46-301 a new section which shall be known as Code section 46-301A which shall read as follows: Section 46-301A. All answers to garnishment writs shall prior to filing be served upon the plaintiff or his attorney. Service may be shown by written acknowledgment or by the certificate of counsel or by the affidavit of the person who delivered or mailed the pleadings showing that service has been made as above described. Provided, that if the party filing the answer fails to serve the opposite party as provided in this section, the judge
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shall continue the entire proceedings to the next term of court upon motion made by the injured party. Provided further, however, no service shall be required unless the name and address of the plaintiff or his attorney shall correctly appear on the face of the summons of garnishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. TAXATIONREFUNDS TO TAXPAYERS. Code 92-6503, 92-6504 Repealed. Code 92-6502 Amended. No. 258 (House Bill No. 1000). An Act to amend chapter 92-65 of the Georgia Code so as to strike therefrom sections 6502, 6503, and 6504, which provide for a method of refunding or crediting a taxpayer for overpayment of property tax; to provide for the insertion in lieu thereof a section to be numbered 92-6502 which shall provide that in any case where the county commissioners or other county authorities of a given county authorize a credit or refund of overpayment of taxes as to the county part, this shall be authority for the tax collector or tax commissioner in such county to credit or refund the proportionate part of the money represented by the state and county school tax of such county; to provide for the repeal of any 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 sections 6502, 6503, and 6504 of
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Chapter 92-65 of the Georgia Code be and the same are hereby stricken in their entirety; that there shall be inserted in lieu thereof a new section to be number Sec. 92-6502 which shall read as follows: Code 92-6503 and 92-6504 repealed. Sec. 92-6502. In all cases where the county commissioners or other county authorities, pursuant to the provisions of Code section 92-3812, have authorized the tax collector or tax commissioner of the county to credit or refund any overpayment of property tax in cases where the taxpayer has been overtaxed or has claimed that the tax should be credited or refunded, such authorization to the tax collector or tax commissioner of the county shall be authority to credit or refund the proportionate amount of the state and county school tax represented in such overpayment, and, in the case of refunds, he shall deduct such amounts from his next distribution to the state and county school boards, respectively. Code 92-6502 amended. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 21, 1958. GEORGIA SEED LAW AMENDED. No. 264 (House Bill No. 1135). An Act to amend an Act known as the Georgia Seed Law, approved February 23, 1956 (Ga. L. 1956, p. 217), so as to define plants; to prohibit the misrepresentation of the count or variety of such plants; 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. An Act known as the Georgia Seed Law, approved February 23, 1956 (Ga. L. 1956, p. 217), is
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hereby amended by inserting a new section to be numbered section 9-A to read: Section 9-A. 1. `Plant,' as used in this section, shall include tobacco, tomato, cabbage, onion, pepper and other agricultural plants. Plant defined, crimes. 2. Any person who shall knowingly misrepresent the count or variety of any such plant shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. STATE GAME AND FISH COMMISSION. No. 278 (House Bill No. 992). An Act to amend an Act revising and consolidating the laws relating to the State Game and Fish Commisison, to game and fish, and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended by an Act approved March 8, 1957 (Ga. L. 1957, p. 340), by changing the provisions relating to the sale of game fish; to provide conditions for the transportation or sale, barter or purchase of game fish or for delivery on a sale, barter or purchase; to provide the punishment for violations of these provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife approved March 7, 1955 (Ga.
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L. 1955, p. 483) as amended by an Act approved March 8, 1957 (Ga. L. 1957, p. 340), is hereby amended by striking therefrom section 85, as amended, in its entirety, and substituting in lieu thereof the following: Section 85. No person shall barter, sell or purchase or offer to barter, sell or purchase or have in possession for barter or sale, except under conditions hereinafter set out, any fresh water game fish. Game fish shipped from without the State and accompanied by a bona fide bill of sale giving the details of the source of the fish and a description thereof, may be sold, provided the seller has in his possession such bill of sale and otherwise has conformed to all the provisions of this Act and such rules and regulations as may be adopted by the State Game and Fish Commission pertaining thereto. Owners of private ponds may sell the game fish therefrom by obtaining the written permission of the State Game and Fish Commission or its agent before taking the fish. The State Game and Fish Commission or its agent will approve all requests to sell such game fish, if in their discretion such sale is not adverse to the best interests of the State and the preservation of its wildlife. Barter or sale of game fish. In each instance where the request to sell is approved, the State Game and Fish Commission or its agent will issue to the owner of such private pond a permit to sell, in sufficient copies to provide one to the purchaser and to any common carrier or carriers to be engaged in transporting the fish within the State. All game fish transported within this State for the purpose of barter, sale or purchase, or delivery on a barter, sale or purchase shall be accompanied by a permit to sell issued by the State Game and Fish Commission or its agent, or by proof that they were taken outside the geographical boundaries of this State. No common carrier shall accept game fish within this State for transportation for barter, sale or purchase, or delivery on a barter, sale or purchase unless said fish be accompanied by a copy of the permit to sell, nor shall any
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common carrier transport game fish into or through this State for such purposes unless accompanied by proof that they were taken outside the geographical boundaries of this State. Violation of any of the provisions of this section shall be punished as a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. HIGHWAYSUPKEEP OF MUNICIPAL HIGHWAYS. No. 279 (House Bill No. 1036). An Act to provide for the allocation by the State Highway Department to the several municipalities of this State of a certain sum for the maintenance of municipal highways; to provide for the method and amount of such allocations; to provide for the amount of such allocations to be received by or expended in each municipality of this State; to provide for accumulation of allocations; to provide for a method of determining highway mileage; to define certain terms used in this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purposes of this Act, the phrase county highway shall mean any State-aid road located outside the corporate limits of the municipalities of this State, and the phrase municipal highway shall mean any street or part of a street lying within the corporate limits of any municipality of this State and forming a continuation of, or a link in, the State-aid system of roads in this State. Definitions.
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Section 2. The State Highway Department is hereby authorized and directed to allocate to and to expend in or pay to the several municipalities of this State a certain part of its annual appropriation for the purpose of maintaining municipal highways lying within the corporate limits of such municipalities. The total amount allocated by this Act shall be equal to the total mileage of all municipal highways in this State multiplied by the average cost per mile for the maintenance of county highways during the preceding fiscal year. Such allocation shall be made annually. The State Highway Department shall determine whether it shall expend the sums involved directly or pay such sums to the individual municipalities of this State. Upkeep of municipal highways. Section 3. Each municipality of the State shall be entitled to receive or have expended within its corporate limits for the purposes of this Act that percentage of the total amount allocated which the mileage of the municipal highways within said municipality bears to the total mileage of muncipal highways in the State. Same. Section 4. Any allocation under this Act not paid or expended during the fiscal year allocated shall accumulate to the credit of the individual municipalities of this State. Such accumulations shall be for periods of four successive fiscal years. The first such period shall consist of the fiscal years, July 1, 1958June 30, 1959, July 1, 1959June 30, 1960, July 1, 1960June 30, 1961, and July 1, 1961June 30, 1962. The State Highway Department may during any such four year period use the amount accumulated to the credit of any municipality for the purposes of this Act in any other municipality provided that suitable adjustment is made prior to the end of each such four year period. Adjustments. Section 5. In determining mileage for the purposes of this Act, the State Highway Department shall count as one mile a portion of highway one mile in length and twenty-four feet (24) in width. Highway mile. Section 6. This Act shall become effective, and the first allocation made hereunder on July 1, 1958. Effective date.
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Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. MIDDLE JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR GENERAL. No. 280 (House Bill No. 1139). An Act to amend an Act abolishing the fee system as applied to the office of solicitor general in the Superior Courts of the Middle Judicial Circuit, approved August 16, 1918 (Ga. L. 1918, p. 381), as amended by an Act approved August 11, 1924 (Ga. L. 1924, p. 262), and an Act approved February 23, 1949 (Ga. L. 1949, p. 962), so as to increase the compensation provided therein; to provide that payments shall be made by the counties monthly; to provide that such compensation shall not include fees allowed the solicitor general for his services in bond validation proceedings and fees for services in the appellate courts in criminal cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system as applied to the office of solicitor general in the Superior Courts of the Middle Judicial Circuit, approved August 16, 1918 (Ga. L. 1918, p. 381), as amended by an Act approved August 11, 1924 (Ga. L. 1924, p. 262), and an Act approved February 23, 1949 (Ga. L. 1949, p. 962), is hereby amended by striking section 2 in its entirety and in lieu thereof inserting the following: Section 2. The salary of the solicitor-general of said Middle Judicial Circuit shall be the sum of six thousand six hundred ($6,600.00) dollars per annum in addition to the salary of $250.00 per annum prescribed in Paragraph 1, Section 12 of Article 6 of the Constitution of this State,
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which said salary (additional to the constitutional salary of $250.00 per annum), shall be paid pro rata out of the general treasuries of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all of the counties in said circuit, according to the official Federal census of 1950, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding official census, and so on. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters in each of said counties to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general out of the funds of said counties on the first day of each month and upon regular county warrants issued therefor, and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts for levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Said salary of six thousand six hundred ($6,600.00) dollars and the constitutional salary of $250.00 shall be in full payment for all of the services of said solicitior-general for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him except as provided in section 5 of this Act, provided, however, that the solicitor-general shall receive in addition to the compensation provided herein those fees allowed for his services in bond validation proceedings and those fees allowed for his services in the appellate courts in criminal cases. This Act shall become effective April 1, 1958.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at 1958 session of the General Assembly of Georgia, which session will convene on January 13th, 1958, a bill to change the compensation of the solicitor-general of the Middle Judicial Circuit; and for other purposes. This the 16th day of Dec., 1957. W. H. Lanier. (Dec. 19, 26; Jan. 2). Georgia, Emanuel County. Personally appeared before the undersigned attesting officer, Mrs. Inez Proctor, who being duly sworn deposes and on oath says, that she is business manager of the Forest Blade, a weekly newspaper of said county in which the sheriff's advertisements are published, and that the above attached notice of intention to introduce local legislation was duly published in said newspaper in the issues of December 19, 1957, December 26, 1957, and January 2, 1958. /s/ Inez Proctor. Sworn to and subscribed before me, this the 6th day of January, 1958. /s/ Sara Nelle Phillips, Notary Public Ga., State at Large. Notary Seal affixed. Legal Ads. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia,
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which session will convene on January 13th, 1958, a bill to change the compensation of the solicitor-general of the Middle Judicial Circuit; and for other purposes. This the 16th day of December, 1957. W. H. Lanier. 12-19-3t-n. Georgia, Candler County. Personally appeared before the undersigned attesting officer, Beatrice K. Lanier, who after being sworn deposes and on oath says that she is an employee in the office of the Metter Advertiser, a weekly newspaper of said county in which the sheriff's advertisements are published, and that the above attached notice of intention to introduce local legislation was duly published in said newspaper in the issues of December 19th, 1957, December 26th, 1957 and January 2nd, 1958. /s/ Mrs. Beatrice K. Lanier. Sworn to and subscribed before me, this the 7th day of January, 1958. /s/ Dan L. Lanier, Notary Public, Ga., State at Large. Notary Seal affixed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at 1958 session of the General Assembly of Georgia, which session will convene on January 13th, 1958, a bill to change the compensation of the Solicitor-General of the Middle Judicial Circuit; and for other purposes. This the 16th day of Dec., 1957. W. H. Lanier.
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Georgia, Washington County. Personally appeared before the undersigned attesting officer, Charles McMichael, who after being duly sworn deposes and on oath says that he is owner and editor of Sandersville Progress, a weekly newspaper of said county in which the sheriff's advertisements are published, and that the above attached notice of intention to introduce local legislation was duly published in said newspaper in the issues of December 19th, 1957, December 26th, 1957, and January 2nd, 1958. /s/ Charles McMichael. Sworn to and subscribed before me, this the 4th day of January, 1958. /s/ M. W. Dukes, Notary Public, Ga., Washington County. Notary Seal affixed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at 1958 session of the General Assembly of Georgia, which session will convene on January 13th, 1958, a bill to change the compensation of the Solicitor-General of the Middle Judicial Circuit; and for other purposes. This the 15th day of December, 1957. 51p3t. W. H. Lanier. Georgia, Toombs County. Personally appeared before the undersigned attesting officer, Harry M. Rhoden, who being duly sworn deposes and on oath says that he is editor and publisher of Lyons Progress, a weekly newspaper of said county in which the sheriff's advertisements are published, and that the above attached notice of intention to introduce local legislation was duly published in said newspaper in the issues
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of December 19, 1957, December 26, 1957 and Jan. 2, 1958. /s/ Harry M. Rhoden. Sworn to and subscribed before me, this the 6th day of January, 1958. /s/ Grace Taylor, Notary Public Ga., State at Large. My commission expires March 26, 1958. Notary Seal affixed. Georgia, Jefferson County. Personally appeared before the undersigned attesting officer, Mrs. Virginia Polhill Price, who being duly sworn deposes and on oath says, that she is owner and editor of News and Farmer, a newspaper of said county in which the sheriff's advertisements are published, and that the above attached notice of intention to introduce local legislation was duly published in said weekly newspaper in the issues of December 19, 1957, December 26, 1957, and January 2nd, 1958. /s/ Virginia Polhill Price. Sworn to and subscribed before me, this the 4th day of January, 1958. /s/ Hugh T. Saxon, Notary Public Ga., State at Large. Notary Seal affixed. Legal Ads. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1958 session of the General Assembly of Georgia, which session will convene on January 13, 1958, a bill to change the compensation of the Solicitor-General of the Middle Judicial Circuit; and for other purposes.
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This the 16th day of December, 1957. W. H. Lanier. J2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William L. Lanier, who, on oath, deposes and says that he is Representative from Candler County, and that the attached copy of notice of intention to introduce local legislation was published in the Metter Advertiser, Sandersville Progress, Lyons Progress and Swainsboro Forest Blade and News and Farmer which is the official organ of said counties, on the following dates: Dec. 19-26, 1957 and January 2, 1958. /s/ William L. Lanier, Representative, Candler County. Sworn to and subscribed before me, this the 13th day of February, 1958. /s/ Amelia Smith, Notary Public. (Seal). Approved March 21, 1958. COMPULSORY SCHOOL ATTENDANCE. No. 289 (House Bill No. 1006). An Act to amend an Act providing for compulsory school attendance, approved March 8, 1945 (Ga. L. 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 168), so as to provide that the provisions of said Act shall not apply in any public school district or system in this State, whether county or independent, wherein the operation of the public schools by public officers may be discontinued; to define
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public school districts or systems; 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 compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays; to provide the minimum session of such annual school attendance, and the exceptions therefrom; to provide for the enforcement of such attendance laws by authorized county and independent school system boards of education, to employ a full time visiting teacher or teachers, to be qualified in accordance with professional requirements as prescribed by the State Board of Education; to prescribe the powers, duties, and authority of such visiting teachers; to permit the employment of part-time visiting teachers; to permit the employment of other persons to act as attendance officers in lieu of visiting teachers; to require certain reports from public, private, parochial and denominational teachers, schools, and principals; to provide the penalties for violation of this Act, and for the treatment of children absent from school as delinquents, in the juvenile, superior and city courts; to provide that the unconstitutionality of any provisions of this act shall not affect the constitutionality of any other provisions thereof; to repeal all laws or parts of laws inconsistent or in conflict herewith, and to wholly repeal sections 32-2101, 32-2102, 32-2103, and 32-9906 of the Georgia Laws relating to compulsory school attendance, approved March 8, 1945 (Ga. L. 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 168), is hereby amended by adding a new section to be numbered section 12-A, to read as follows: 12-A. The provisions of this Act shall not apply in any public school district or system in this State, whether county or independent, wherein the operation of the public schools by public officers of this State is discontinued. Public school district or system as used in this Act shall include all public school systems in this State, including those maintained and operated by counties, cities, towns
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and municipalities, including independent local systems and all public school systems, whether created before or after the Constitution of 1877. 1957 Act amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. COBB JUDICIAL CIRCUITSALARY OF SOLICITOR GENERAL. No. 291 (House Bill No. 654). An Act to amend an Act fixing, establishing and providing a salary for the Solicitor General of the Cobb Judicial Circuit of Georgia, approved February 8, 1955 (Ga. L. 1955, pp. 149-151) so as to provide for a change in the salary of the Solicitor General of the Cobb Judicial Circuit of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing, establishing and providing a salary basis rather than a fee basis for the Solicitor General of the Cobb Judicial Circuit of Georgia, approved February 8, 1955 (Ga. L. 1955, pp. 149-151), is hereby amended so as to provide that the salary paid by Cobb County, Georgia to the Solicitor General of the Cobb Judicial Circuit of Georgia shall be nine thousand ($9,000.00) dollars per annum, payable in equal monthly installments out of the treasury of Cobb County, Georgia, for his services. Section 2. Nothing contained in this Act shall be construed to prevent the Solicitor General of the Cobb Judicial Circuit of Georgia from receiving such other emoluments, pensions, salary, expense items or other fees as
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are now fixed or which are hereafter fixed by the General Assembly of Georgia for the solicitors general of Georgia. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. CODE SECTIONS 92-4101 THROUGH 92-4104 NOT TO APPLY TO CITY OF BLUE RIDGE. Code 92-4101 Through 92-4104 Amended. No. 294 (House Bill No. 1171). An Act to amend Code section 92-4101, as amended, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Blue Ridge shall not be affected by the provisions of Code sections 92-4101 through 92-4104; 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 of ad valorem taxation by municipal corporations, is hereby amended by adding at the end thereof the words nor the City of Blue Ridge, so that when so amended, section 92-4101 shall read as follows: No municipal corporation shall levy or collect for the ordinary current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one percent upon the value of said property, any charter of said corporation to the contrary notwithstanding: Provided, that the provisions of Sections 92-4101 to 92-4104 shall not apply to the City of Savannah and the City of Augusta or the City Council of Augusta and the Town of Bartow, Cities of Millen, Patterson, Blackshear, Warrenton, Cedartown, and the Town of Bowden, nor the City
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of Albany, nor the City of East Point, nor the City of Blue Ridge. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. SOCIAL SECURITYCOVERAGE FOR JUDGES OF COURT OF APPEALS OF GEORGIA. No. 297 (Senate Bill No. 294). An Act to amend an Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, so as to make provisions relative to the coverage of judges of the Court of Appeals under the aforesaid Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, is hereby amended by adding a new section, to be known as section 14, to read as follows: Section 14. The Governor is hereby empowered to authorize a referendum in accordance with the requirements of the Federal Social Security Act, on the question of whether services in positions covered by the Court of Appeals Judges Emeritus Retirement Plan of Georgia shall be excluded from or included under an agreement
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under this Act with an effective date of July 1, 1956. Should the referendum be in the affirmative, employee contributions required for Social Security coverage shall be deducted from the compensation of each judge by the Treasurer of the State of Georgia and remitted to the State agency, together with the required employer contributions. The State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operation of the Court of Appeals of the State, the required employer contributions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. INSURANCEREFUND OF PREMIUMS IN CERTAIN CASES. Code 56-816A Enacted. No. 304 (House Bill No. 888). An Act to amend Code chapter 56-8 pertaining to fire insurance, so as to provide that in the event of a total loss by fire an insurer who pays an insured an amount less than the maximum amount authorized to be paid under in insurance policy shall refund a certain amount of premiums to the insured; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 56-8 pertaining to fire insurance is amended by inserting following Code section 56-816 a new Code section which shall be known as Code section 56-816A which shall read as follows: Section 56-816A. In the event of a total loss of property by fire, if an insurer shall pay to the insured an
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amount less than the maximum amount authorized to be paid under a fire insurance policy covering such property, the insurer shall refund to the insured the difference between the amount of premiums actually paid for the insurance policy and the amount of premiums which would have been charged for a fire insurance policy having a maximum amount payable equal to the amount actually paid by the insurer to the insured. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. AGRICULTURAL COMMODITIES AUTHORITY ACT AMENDED. No. 307 (Senate Bill No. 243). An Act to amend an Act known as the Agricultural Commodities Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 717), so as to levy a charge on each acre of tobacco grown or the yield thereof sold in Georgia, on each bale of cotton grown or sold in Georgia, and upon each ton of peanuts grown or sold in Georgia; to provide that such charge shall not be effective as to such commodity unless approved by two-thirds, or more, of the growers of such commodity voting in a referendum thereon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Agricultural Commodities Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 717), is hereby amended by strking section 10 in its entirety and in lieu thereof inserting the following: Section 10. There is hereby levied and the authority is authorized to collect as an aid in effectuating the purposes
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of this Act an assessment to be used by the authority for the purposes herein enumerated, the following assessment charges: 1. Not less than ten cents nor more than one dollar per acre on all tobacco grown or the yield thereof sold in the State of Georgia. Assessments. 2. Not less than ten cents nor more than one dollar per bale on all cotton grown or sold in the State of Georgia. 3. Not less than twenty-five cents nor more than one dollars per ton on all peanuts grown or sold in the State of Georgia. The assessment charge herein provided shall not be effective as to any commodity until and unless approved by two-thirds, or more, of the persons voting in the referendum provided in this Act. Each such ballot shall show the amount to be assessed as to each such commodity. The charges shall be collected from the producer of the said agricultural commodities by the warehouseman, ginner, dealer, or handler, as determined for each commodity by the authority. When the collector purchases the commodity from the producer or sells the commodity for the producer, the charge may be deducted from the purchase price of the commodity before it is paid to the producer. After the authority has determined by order that warehousemen, ginners, dealers or handlers shall collect the charge on one of the above named commodities, the persons so designated shall be responsible to the authority for the collection and payment thereof to the authority. All charges levied by this Act shall be due and payable and shall be paid when the agricultural commodity is first processed or is first handled in the primary channel of trade, whichever occurs first. Processed in the preceding sentence does not include curing tobacco on the farm. The charge having been once paid on a particular ton, acre, bale or other measure of an agricultural
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commodity is not required to be paid again. The charge shall not apply on products used for seed, or for other uses on the farm. Referendum. Any producer upon whom and against whom any such charges shall have been levied and collected under the provisions of this Act, if dissatisfied with the said charges, shall have the right to demand and receive from the authority a refund of any such charges so collected from such producer; provided such demand for refund is made in writing to the authority within thirty (30) days from the date said charges are collected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. STATE DETENTION HOMES ACT. No. 309 (House Bill No. 897). An Act to be known as The State Detention Homes Act to authorize the construction of juvenile detention homes in certain areas; to specify minimum structural equippage standards for said homes; to authorize negotiated contracts with other State agencies for the construction of said homes; to permit bids for construction and contracts with private firms; to provide for the cooperation of other State agencies; to provide personnel for the supervision and operation of said homes; to authorize per capita charges to counties for maintenance, utilities, medical treatment and subsistence in said homes; to provide that reimbursements from counties shall revert to the general fund; to set salary scales and minimum educational qualifications for supervisory and operational personnel; to provide for a State fiscal officer; to set mimimum qualifications for said officer and provide a scale for his compensation; to define his duties; to designate the State
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agency empowered and directed to administer this Act; to define the powers and duties of said agency in relation to the admiinstration of this Act; to authorize said agency to require gifts of land to the State in fee simple as a condition for the building of said homes in a locality; to authorize the receipt of gifts to the State in connection with said homes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The short title of this Act shall be The State Detention Homes Act. Short Title. Section 2. The agency designated to administer the the terms of this Act is hereby empowered and directed to construct or expand juvenile detention homes in areas of Georgia where such facilities are not now available or adequate. It shall be the duty of said agency to construct these homes in widely separated areas so that as much of the general area of the State as is feasible may uitilize such facilities for the detention, treatment and education of juvenile offenders. In the selection of a site for each of these juvenile detention homes it shall be the responsibility of the agency hereinafter designated to take into consideration the availability of hospital and medical facilities, educational and training personnel, civic and community support and cooperation pertaining to the objectives sought to be attained, and healthful geographical surroundings for the location of the institution. Intent. Section 3. Minimum structural standards shall be equal to the best commonly utilized construction in similar institutions now utilized in the United States. The administering agency is hereby authorized to utilize more desirable items of construction if in its judgment it deems the same advisable, but in any event the minimum standards for the construction shall be as follows: Construction. Separate facilities for white boys and white girls and additional separate facilities for colored boys and colored girls, two separate clinics and a counseling room, courtroom
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and judge's office, living quarters for superintendent and colored assistant superintendent, recreation rooms, libraries, dining rooms, kitchens, bath rooms, recreation rooms and a minimum of nine thousand (9,000) square feet of floor space with ample recreation and play area as well as gardening and farming land. Said construction shall be of brick or masonry, marble or granite, and the interior of each detention home shall be of accepted modern design and construction with maximum security features as well as those features designed to properly accomplish rehabilitation. In the equipment of said homes, the following minimum standards shall prevail: Modern sound system throughout, steel beds with safety springs, steel fixtures, and each recreational area within said structure shall be equipped with a television. Further minimum equipment standards shall be as follows: All equipment shall be fireproof and designed in such manner that it cannot be disassembled and used as a weapon either for harm to person or property. The books being placed in the detention home library shall be first approved by the State Board of Probation and if said Board deems it advisable it shall have full authority to remove any volume from the library at any time. Section 4. The Board constituted as the agency to administer this Act is specifically empowered to negotiate contracts with other State agencies for the construction of said homes if it deems that a saving may be effectuated by said negotiation. If it appears that a reasonable agreement with another State agency, with particular reference to the Department of Corrections, cannot be effectuated in order to provide a prompt and economical construction of said home, said agency is specifically empowered to let contracts to private individuals, firms or corporations for the construction of said detention homes, in which event it shall be necessary to advertise for bids pertaining to said construction in accordance with the standard procedure authorized by law. Agreements with State Board of Corrections.
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Section 5. It shall be the duty and responsibility of all other departments, branches, agencies and commissions of the State Government to cooperate with those charged with the administration of this Act, in order that the purposes of the Act shall be accomplished. All such branches, departments, agencies or commissions of the State Government shall cooperate by providing information when a proper request is made, lend support of its facilities, and provide the assistance of personnel when necessary or desirable to accomplish effective rehabilitation. The specific departments to which this section refers, although not restricted to said departments, are the Health, Welfare, Mental Health, Corrections, Public Safety and Education Departments. Cooperation. Section 6. The minimum personnel for each juvenile detention home shall be a superintendent and an assistant superintendent, both of whom shall be of the white race, and an assistant superintendent and custodian, both of whom shall be of the colored race. In addition to the above-mentioned supervisory personnel, there shall be a cook in each of said homes and a maintenance man who shall be charged with the responsibility of caring for and repairing the buildings and grounds. If feasible and practicable, either or both of the last-named two persons may be assigned to the detention home from inmates of the State Penitentiary or county public works camp. If assigned in such manner, it shall be mandatory that appropriate cells be provided in the detention home for the safekeeping of such persons, unless conditions are such that said inmates may return to a penal institution at night. Anything in this section to the contrary notwithstanding, the State Board of Probation shall have the right to add additional personnel when and if in its judgment such personnel are necessary or desirable. The superintendent of each detention home shall be afforded suitable quarters and subsistence within the institution and the assistant superintendent shall use said quarters when on duty. In like manner, the colored assistant superintendent and the custodian shall share the quarters made available to them. Personnel.
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Section 7. Accurate records shall be kept by the fiscal officer hereinafter created of all expenses incurred in the operation of said detention homes. The salaries of all supervisory and operational personnel shall be paid directly by the State Board of Probation but any other expenses in connection with the operation of said detention homes shall be prorated among the counties supervised in a particular month and each county shall be rendered a statement. Each county served during a given month shall pay directly to the State Board of Probation a sum proportionate with the number of persons sent by said county over the number of inmates for a given month times the total cost of maintenance, utilities, subsistence and other expenses not excluded herein. All such funds shall be deposited in the State's general fund. Records, costs. Section 8. The Superintendent of each detention home shall be paid a salary of not less than $300 per month nor more than $350 per month, and in addition thereto shall be provided with living quarters, utilities and food; provided, however, that no personal items of expense shall be attributed to the expenses of operating the institution and accrue as an emolument to himself or any member of his family. The assistant superintendent shall be required to work only two days per week. This period shall be from 8 o'clock Saturday morning of each week until 8 o'clock a.m. the following Monday, but the superintendent and assistant superintendent are hereby empowered to change said days if in their particular case more desirable arrangements can be effectuated. Said assistant superintendent shall utilize the superintendent's living quarters and shall be provided with subsistence and food while on duty. He shall be paid a salary of $150.00 per month for said services. No person shall be appointed to either superintendent or assistant superintendent who shall not have completed a high school education and have such experience, aptitude, inclinations and reputation as being a citizen interested in the welfare of mankind and the social problems with which he would deal in the proper rehabilitation of juvenile offenders or neglected children. Salaries, qualifications, etc.
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Section 9. There is hereby created the office of State Detention Homes Fiscal Officer. Said officer shall be paid a salary of not less than $300 nor more than $600 per month, plus travel expenses in the manner of other State employees. He shall be at least 25 years of age and have at least five years' experience as an accountant. He shall meet the minimum qualifications set by the State Merit System for an officer within the above-mentioned pay scale. It shall be his duty to audit at least once monthly the records and books of each juvenile detention home operated by the State Board of Probation and maintain central files at the State Capitol of all vouchers, books, receipts and expenditures and other items in connection with a proper bookkeeping record and accounting of the operation of each detention home, as well as the expenditures incurred from the State office. He shall prepare all budgets for submision to the State Board of Probation, prepare payrolls and payroll checks, and keep an accounting of all vouchers and expenditures pertaining to the operation of the State Board of Probation. He shall make bond in the amount of not less than $50,000, the cost of said bond to be paid by the State Board of Probation. Fiscal Officer. Section 10. The provisions of this Act shall be administered by the State Board of Probation. A majority of said Board shall constitute a quorum for the transaction of business, and a majority vote of the full Board shall be necessary for the transaction of official business. Said Board is hereby empowered to employ such clerical and secretarial assistance as it may deem necessary to administer the provisions of this Act. The State Board of Probation shall have plenary authority to employ professional assistance in the administration of its duties under this Act. It is specifically directed to provide each juvenile admitted to a detention home with a complete physical examination as soon as practicable after admission, and if specialized treatment is indicated and recommended by the examining physician, such treatment shall be afforded. The Board shall mobilize educational and training facilities and fully utilize them in the rehabilitation
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of juvenile offenders admitted to any detention home. Administration of Act. The State Board of Probation is specifically authorized to adopt rules and policies in the performance of its duties, such rules and regulations to have the effect of law. Section 11. The State Board of Probation is hereby authorized to require the gift from local governments, civic groups, or individuals of suitable land for the location of a detention home, said land to be conveyed in fee simple to the State, as a condition for locating such home in a given locality. Gifts. Anything in this Act to the contrary notwithstanding, the State Board of Probation shall have full authority to purchase existing facilities if in its judgment it would be to the best interests of the State to make such purchase. The State Board of Probation is further authorized to receive on behalf of the State gifts of facilities, grants from governmental or private agencies, and gifts of equipment, landscaping, food, clothing or services. Section 12. No juvenile shall be placed in any such detention home without an order of the juvenile court or other court having jurisdiction of such juvenile and it shall be discretionary with such judge whether any juvenile is held in any of the detention homes. Section 13. All laws or parts of laws in conflict with this Act are hereby repealed. Section 14. The effective date of this Act shall be July 1, 1958 or any date after said Act is signed by the Governor if funds are made available for the operation of said Act. Approved March 21, 1958.
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REMOVAL OF BUILDING RESTRICTIONS FROM LAND NEAR JIM WOODRUFF RESERVOIR. No. 60 (Senate Resolution No. 130). A Resolution. Authorizing and directing that action be taken to cause the removal of building restrictions from deeds by the Federal Government to certain property adjacent to the Jim Woodruff Reservoir; and for other purposes. Whereas, the United States Government through the Corps of Engineers placed certain restrictions in deeds conveying back to the previous owners certain property adjacent to the Jim Woodruff Reservoir, and Whereas; these restrictions were placed in compliance with the wishes of the Public Health Department of the State of Georgia, and Whereas; these restrictions prohibit the construction of any buildings for the purpose of human habitation until after 31 December, 1970, and Whereas; the alleged purpose of said restrictions was to protect the public health by further prevention of the disease of malaria, and Whereas; Health Department records of the State of Georgia disclose that there has been no malaria in the area surrounding the Jim Woodruff Reservoir in a number of years, as well as, the entire State of Georgia and is very likely to continue malaria free, and Whereas, the above-mentioned restrictions do not aid in the prevention of malaria or any other disease; and, in fact, serve no useful purpose but on the contrary, prevent the development of the area, and Whereas, if these restrictions are not removed forthwith it will forever impede the full and proper development of said area and thereby cause great damage to
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the citizens and property owners of that section of Georgia and to the State of Georgia as a whole, and Whereas, the District Corps of Engineers having jurisdiction over said area has expressed a willingness to remove said restrictions if agreeable to the Public Health Department of the State of Georgia: Now, therefore, be it resolved by the General Assembly of Georgia, that it is hereby declared the express desire of the General Assembly for such restrictions to be removed from the deeds afore-mentioned so that another area in Georgia may be developed, it being the determined policy of this legislative body that nothing should impede the growth and development of this State or any part thereof that is without sound foundation and good reason. Be it further resolved that the State Board of Health and the Director of the Department of Public Health are hereby authorized and directed to notify the proper authorities in the United States Government and the District Corps of Engineers having authority to remove said restrictions that their removal is approved and requested by said board and department. The State Board of Health, the Director and other officials of the Department of Public Health are further authorized and directed to take whatever action is necessary and do all things within their power to prevail upon the District Corps of Engineers and the United States Government to remove the aforementioned restrictions from the deeds to the property adjacent to the Jim Woodruff Reservoir. Be it further resolved that a copy of this resolution be sent forthwith to the commanding officer of the District Corps of Engineers having jurisdiction over the area involved, to the State Board of Health and to the Director of the Department of Public Health of the State of Georgia. Approved March 25, 1958.
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GRADY COUNTY TAXES. Proposed Amendment to the Constitution. No. 61 (Senate Resolution No. 123). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Grady County for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes from certain persons, firms and corporations who maintain a place of business, or who engage in any business in any area of Grady County outside the corporate limits of municipalities; to provide for the submission of this amendment for rejection or ratification; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by adding thereto the following new paragraph: The governing authority of Grady County shall have the right and power for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes from any person, firm or corporation, except those subject to regulation by the Georgia Public Service Commission who maintain a place of business or who may in any manner engage in any type of business, including operation of taxi cabs, or who shall post signs or billboards in any area of Grady County outside the corporate limits of municipalities; and in levying and collecting such license fee and occupational taxes, the governing authority shall have the right and power to classify business 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 Grady County. The governing authority shall have the right to regulate and exercise police powers over any businesses
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operated within the incorporated area of said county (except those subject to regulation by the Georgia Public Service Commission), and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce the payment of 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 governing authority shall constitute a misdemeanor, punishable upon conviction as prescribed by the general laws of the State of Georgia. No further enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but the General Assembly 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 the governing authority of Grady County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Grady County for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes. Against ratification of amendment to the Constitution so as to authorize the governing authority of Grady County for regulatory and revenue purposes to
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levy, assess and collect license fees and occupational taxes. 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. Approved March 25, 1958. GLYNN COUNTYCREATION OF OFFICE OF TAX ASSESSOR. Proposed Amendment to the Constitution. No. 62 (Senate Resolution No. 104). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of tax assessor of Glynn County in lieu of the board of tax assessors of Glynn 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, Paragraph VI of the Constitution, relating to county governments, is
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hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by local law for the creation of the office of Tax Assessor of Glynn County in lieu of the Board of Tax Assessors of Glynn County and to provide for the powers, duties and other matters relative thereto. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County in lieu of the Board of Tax Assessors of Glynn County. Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation of the office of Tax Assessor of Glynn County in lieu of the Board of Tax Assessors of Glynn 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
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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. Approved March 25, 1958. RESOLUTION AUTHORIZING LAND CONVEYANCE IN RICHMOND COUNTY AMENDED. No. 63 (Senate Resolution No. 91). A Resolution. To amend a resolution providing for conveyance by the State of certain property in Richmond County, Georgia, approved February 26, 1957 (Ga. L. 1957, Vol. 1, p. 178), so as to authorize conveyance of said property to the Richmond 4-H Clubs, Inc., subject to the reversionary interest of the original grantor, Mrs. Eliza H. S. Nixon, who consents to such conveyance. Be it resolved by the General Assembly of Georgia: Section 1. A resolution providing for conveyance by the State of certain property in Richmond County, Georgia, approved February 26, 1957 (Ga. L. 1957, Vol. 1, p. 178) is hereby amended by striking therefrom the fourth Whereas clause which reads: Whereas, the aforesaid Eliza H. S. Nixon, from the highest spirit of citizenship and philanthropic purpose, is desirous of releasing any reversionary interest she may have in said property to the Richmond County 4-H Clubs, Inc.; and. and by substituting in lieu thereof the following: Whereas, the aforesaid Mrs. Eliza H. S. Nixon has
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agreed and consented to conveyance of such property by the State to the Richmond County 4-H Clubs, Inc., for its uses, subject to her reversionary interest; Section 2. Said resolution is further amended by striking therefrom the last paragraph, found at page 180 of Georgia Laws 1957, Vol. 1, and by substituting in lieu thereof the following: Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor be and he is hereby authorized to convey by quit claim the entire interest of the State of Georgia in the above described property (or so much thereof as has not already been previously conveyed, as the Governor may determine) to the Richmond County 4-H Clubs, Inc. The Governor is further authorized to take all action necessary to consummate said transaction, as he may deem necessary for such purpose. Approved March 25, 1958. STEWART COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 64 (Senate Resolution No. 92). A Resolution. Proposing an amendment to the Constitution to alternate the terms of the members of the County Board of Education of Stewart County; to rearrange the voting districts; to provide for the submission of the amendment to the people 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
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striking the third paragraph following the enacting clause, in its entirety, of an amendment proposed by a resolution found in Georgia Laws 1956, p. 463, ratified at the general election of 1956, and by substituting in lieu thereof a new paragraph so that the third paragraph of said amendment, as amended hereby, shall read: The qualified voters of the Richland voting precinct shall elect one member of said Board; the qualified voters of the Trotman and the County Line 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 the Union, Louvale, Green Hill and Brooklyn 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. Section 2. The Constitution is further amended by striking from the fifth paragraph of said amendment the words, and all future members, so that the fifth paragraph of said amendment to the Constitution, as amended hereby, shall read: 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 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
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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. Section 3. The Constitution is further amended by inserting a new paragraph following the fifth paragraph of said amendment to the Constitution to read: The members of the Board of Education of Stewart County elected on the 2nd Tuesday in November, 1960, shall serve the terms as hereinafter provided. The member elected by the qualified voters of the Richland voting precinct and the member elected by the qualified voters of the Union, Louvale, Green Hill and Brooklyn voting precinct shall serve for a term of two years and until their successors are elected and qualified. The member elected by the qualified voters of the Trotman and County Line precincts, the member elected by the qualified voters of the Midway, Florence and Omaha precincts, and the member elected by the qualified voters of the Lumpkin voting precinct shall serve for a term of four years and until their successors are elected and qualified. Thereafter, all members shall be elected to serve a term of four years and until their successors are elected and qualified. Following the November, 1960, election, an election shall be held every two years on the 2nd Tuesday in November to elect members to fill the vacancies created by the two or three outgoing members. Section 4. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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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 alternation of the terms of members of the County Board of Education of Stewart County. Against ratification of amendment to the Constitution so as to provide for the alternation of the terms of members of the County Board of Education of 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 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. Approved March 25, 1958. MILK CONTROL COMMISSION. No. 316 (House Bill No. 986). An Act to amend an Act creating the Milk Control Commission and defining its powers, duties, membership, and regulating the sale of milk, approved March 30, 1937 (Ga. L. 1937, p. 247), as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p.
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410), an Act approved February 8, 1951 (Ga. L. 1951, p. 47), an Act approved February 11, 1952 (Ga. L. 1952, p. 55), and an Act approved March 8, 1957 (Ga. L. 1957, p. 342), so as to provide that the license fee shall not be applicable to surplus milk; to provide for the collection of license fees and the procedure connected therewith; to provide for a three year milk base and a procedure for the transition from a one to a three year base; to provide for changing the provisions of this Act as to a three year average milk base; to provide for the establishing of a base for a new producer and the procedure connected therewith; to provide for the transfer of the base of an established producer and the procedure connected therewith; to declare legislative intent with respect to and clarify the effect of elections to determine the applicability of this Act within milk sheds; to provide for reports of examination of records of a distributor or producer-distributor; to clarify the provisions as to privileged information; to authorize the adulteration of milk possessed by persons in violation of this Act; to define terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Milk Control Commission and defining its powers, duties, membership, and regulating the sale of milk, approved March 30, 1937 (Ga. L. 1937, p. 247), as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p. 410), an Act approved February 8, 1951 (Ga. L. 1951, p. 47), an Act approved February 11, 1952 (Ga. L. 1952, p. 55), and an Act approved March 8, 1957, (Ga. L. 1957, p. 342), is hereby amended by striking from section 5 the words, if, in any such election, a majority of the votes cast shall be favorable thereto, the provisions of this Act shall thereupon apply within such milk shed and shall remain in force throughout the remaining life of this Act unless a majority of those entitled to vote shall petition the Commission to remove its orders and withdraw the provisions of such milk shed, in which instance the
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Commission shall withdraw its provisions and orders from such milk shed. and inserting in lieu thereof the following words: If, in any such election conducted for any milk shed under the provisions of this Act as existing at the time thereof, a majority of the votes cast shall be favorable thereto, the provisions of this Act, as then or thereafter amended, shall apply within such milk shed and shall remain in force until a majority of those entitled to vote therein shall petition the Commission to declare the provisions of this Act inapplicable in such milk shed, in which event, the Commission so shall declare, and thereafter the provisions of this Act shall not be applicable with such milk shed. The amendment to this Act in 1951 designating the superior court judges to supervise elections hereunder or any other amendment hereto shall not be construed as heretofore or hereafter repealing the applicability of this Act in any milk shed to which it applied at the time of any such amendment. This amendment to section 5 of said Act is declaratory of legislative intent when heretofore the Milk Control Act has been amended and shall not be construed as indicating any previous contrary legislative intent. so that section 5, as so amended, shall read: Section 5. Upon its organization, the Commission shall designate natural marketing areas within the State, each of which shall constitute a milk shed, and the Commission may, from time to time thereafter designate additional milk sheds or combine two or more milk sheds in which this Act is effective; provided, however, that no two or more milk sheds, once having been designated by the Commission as such, shall be combined until the Commission shall call an election to be held in such milk sheds and unless a majority of these voting in each milk shed shall vote in favor of such combination; such election shall be held according to the procedure hereinafter set out for elections to determine whether or not this Act shall be applicable within the several milk sheds. After the designation of any milk shed and upon petition to the Commission therefor, the Commission shall
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notify in writing the judge of the superior court in whose circuit the milk shed is located that a petition has been filed for the holding of an election within such milk shed to determine whether or not the provisions of the Act shall be made applicable within such milk shed, whereupon it shall be the duty of the judge of the superior court to appoint two persons for holding said election in a milk shed; however, if the designated milk shed is located in more than one judicial circuit the judge in each judicial circuit affected shall appoint one person in their respective districts to hold and supervise the election. The persons appointed to hold said elections shall declare and certify the result to the appointing judge or judges and said judge or judges shall certify the result of said election to the Commission. Each producer, producer-distributor, and distributor having a municipal or county permit to sell milk within the milk shed shall be entitled to one vote only. If, in any such election conducted for any milk shed under the provisions of this Act as existing at the time thereof, a majority of the votes cast shall be favorable thereto, the provisions of this Act, as then or thereafter amended, shall apply within such milk shed and shall remain in force until a majority of those entitled to vote therein shall petition the commission to declare the provisions of this Act inapplicable in such milk shed, in which event, the Commission so shall declare, and thereafter the provisions of this Act shall not be applicable within such milk shed. The amendment to this Act in 1951 designating the superior court judges to supervise elections hereunder or any other amendment hereto shall not be construed as heretofore or hereafter repealing the applicability of this Act in any milk shed to which it applied at the time of any such amendment. This amendment to section 5 of said Act is declaratory of legislative intent when heretofore the Milk Control Act has been amended and shall not be construed as indicating any previous contrary legislative intent. The Commission shall advertise each election and make reasonable rules governing the conducting thereof. The decision of the Commission as to the results of any such election shall be final, but the provisions of this Act shall not apply
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within any part of this State except within any milk shed wherein a favorable election has been held as provided in this section. Upon holding a similar favorable election within the territory proposed to be added to any existing milk shed, the Commission may enlarge the geographical limits of any existing milk shed and thereupon the provisions of this law and all orders, rules, and regulations of the Commission then in effect in said existing milk shed shall become effective in the milk shed as so enlarged. The Commission, in its discretion, at any time, may reduce the geographical limits of any existing milk shed. It is not the intention of this Act to limit its applicability to the geographical territory embraced in a milk shed; the specific intention of this Act is to provide for the complete economic regulation of all milk in any manner whatsoever handled, sold, distributed or consumed in any milk shed from the time of its production through its consumption, including any sales thereof outside of the milk shed prior to the milk entering the milk shed; That the expense of holding any election under the terms of this Act shall be defrayed from funds of the Milk Control Commission. Milk sheds. Section 2. Said Act, as amended, is further amended by striking section 8 in its entirety and in lieu thereof inserting the following: Section 8. For the purpose of enforcing this Act, the Commission, acting through the Chairman or an authorized agent, shall have access to, and may enter at all reasonable hours, all places where milk is being sold, offered for sale, stored, bottled, or manufactured into food products. The Commission, acting through the Chairman or an agent authorized by it, shall have power to inspect all books, papers, records, or documents in any place within the State for the purpose of ascertaining facts to enable the Commission to administer this Act. Inspections, etc. The members of the Commission, the chairman, and any other person having possession of such information pursuant to the provisions of this Act, shall not divulge to any person, firm, or corporation the contents of any
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documents, papers, or record examined by any of them in the performance of their duties hereunder, or any information obtained by any of them in the course of his investigations, except as may be necessary or proper to administer and enforce the provisions of this Act, as may be pertinent to any hearing or proceeding before the commission or any member, officer, or representative thereof, as may be proper in any court, to the Department of Agriculture for use in administering the milk laws of this State, and to producers, upon written request by such producer, and any person violating the provisions of this section shall be deemed to violate this Act and be subject to the provisions of section 23 hereof. Whenever the chairman or the commission shall cause the books and records of a distributor or producer-distributor to be examined, the distributor or producer-distributor and producers concerned shall be notified of the results thereof within sixty days from the completion of such examination. Section 3. Said Act, as amended, is further amended by striking section 11 in its entirety and in lieu thereof inserting the following: Section 11. All persons required by this Act to be licensed shall pay such uniform license fees as may be fixed by the Commission as follows: Each store shall pay an annual fee in advance, not to exceed two dollars and fifty cents ($2.50). Each producer shall pay a fee not in excess of two cents for each one hundred pounds of milk produced. Each producer-distributor shall pay a fee, not in excess of two cents for each one hundred pounds of milk produced or received by him for any producer, producer-distributor or distributor. Each distributor shall pay a fee, not in excess of two cents for each one hundred pounds of milk received. License fees. Fees of producers shall be deducted from amounts payable to them for milk and remitted monthly to the Commission by the person purchasing milk from the producer; amounts so deducted, until remitted, shall be held
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in trust as public funds for the benefit of the State of Georgia, subject in all respects to civil and criminal provisions of law applicable to misappropriation or failure to account for public funds of the State. Fees of producer-distributors and distributors shall be paid to the Commission monthly. All annual fees shall be due and payable in advance on or before the tenth day of each calendar year. All monthly fees shall be due and payable on or before the tenth day of the following calendar month. Fees not paid on the last day of the calender month in which due and payable shall be considered as delinquent. All delinquent license fees may be collected by the State Revenue Commissioner in the same manner and subject to all of the same terms and conditions as provided by law for the collection of other delinquent taxes payable to the State. The license fees herein provided shall not be applicable to surplus milk; `surplus milk' being that milk that is not used by a distributor or producer-distributor for processing or bottling into fluid whole, skimmed, chocolate or flavored milk or drink, buttermilk, fluid cream, ice cream, ice milk, egg nog or other dessert, ice cream or ice milk mixes. Section 4. Said Act, as amended, is further amended by striking sub-section (ii) of paragraph (d) of section 19 in its entirety and inserting in lieu thereof the following: (ii) To promote a proper balance between supply and demand. Each such order shall provide that the price to be paid to producers shall be upon such base-excess and utilization plan as the Commission shall determine advisable, including the following provisions. For each milk shed there shall be established an annual producer based period; said base period shall be not less than four consecutive calendar months and shall be that period which the Commission shall determine the supply of milk to appear most nearly the normal demand for fluid consumption. The beginning date of such base period for any milk shed shall not be modified except after notice in writing thereof mailed to each licensed producer in such milk shed at least twelve months prior to the different
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beginning date the Commission intends to establish. The producers milk base to be used in computing the price to be paid to producers shall be a three year average of the annual base; provided, however, in order to effectuate the transition into the three year average milk base, the 1958 annual milk base shall constitute the said average milk base. The 1959 average milk base shall be ascertained by averaging the 1959 annual milk base with two-thirds of the 1958 annual milk base when the 1958 annual milk base is multiplied by three. The results of the average from the preceding sentence shall be the 1959 average milk base. The 1959 average milk base shall be ascertained by averaging the 1958, 1959 and 1960 annual milk bases. Thereafter, the average milk base shall be determined by averaging the three most current annual milk bases. An average milk base shall be effective at the end of the base period for the next twelve months. Base periods. A licensed producer and a licensed distributor or producer-distributor may agree to the transfer of his established average milk base to another milk shed after thirty days' notice has been given to all producers who supply the distributor or producer-distributor that he is transferring to. A new producer in a milk shed and a distributor may establish a base by agreement after giving thirty days' notice to all producers who supply the distributor. The first annual base shall constitute the average milk base as described above and, in the event the producer does not earn an annual base as large as the agreed amount, then he must use the actual annual earned base. All milk received by a distributor or producer-distributor during any pay period which is not part of such an established annual base period from any licensed producer in excess of the aforesaid average of such producer's `base milk' and from any source except from producers licensed hereunder to sell in the milk shed shall constitute excess milk during such pay period. Each price establishing order shall establish respective prices
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payable to producers for milk utilized by the purchaser in two or more use classifications, as determined and defined by the Commission, whereby the highest price is applicable to milk resold for human consumption as fluid whole milk and the lowest price is applicable to milk received by purchaser which cannot be resold or can be used only for manufacturing into a product such as cheese or ice cream. Each such order further shall provide that all milk used by the purchaser for the highest or higher priced classification or classifications shall be deemed to have been used, pro-rata, first from base milk received from licensed producers and from excess milk only after such base milk has been allotted to such classification or classifications, and that all milk used by the purchaser for the lowest or lower price classification or classifications shall be deemed to have been used, pro-rata, first from base milk only when total base milk exceeds the uses in the higher priced classification or classifications. Producer prices established hereunder may be subject to adjustment up or down on account of butterfat content respectively in excess of or less than an average standard, provided that purchasers not equipped to weigh and test milk received may be permitted to purchase upon a reasonable comparable flat gallonage basis without butterfat differential adjustment. The provisions of this sub-section as to a three year average milk base shall be applicable in a milk shed until a majority of the license producers in any milk shed shall petition the Commission to abandon as to that milk shed the three year average milk base. Upon the filing of such a petition, the Commission shall prescribe the method of establishing producers' bases and the base making period or periods therefor at any time. It is the purpose of this paragraph to provide that a majority of the producers in a milk shed may elect whether to remain on a three year average milk base period or to remain on a base and base making period, as prescribed by the Commission. A majority of the license producers in any milk shed may elect whether to operate under the three year average milk base or on a base as determined by the Commission.
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Section 5. Said Act, as amended, is further amended by striking from section 23 sub-paragraph (c) in its entirety and in lieu thereof inserting the following: (c) Whenever it shall appear that any person has sold milk in any milk shed in which the provisions of this Act apply and such person shall not hold a currently effective license so to sell milk as herein provided, the chairman, using such force as is necessary, at any time or from time to time thereafter, may cause any milk in the possession of such person within the milk shed to be adulterated with an appropriate tasteless coloring substance which is not injurious to persons or animals, but which clearly will identify such milk as being unlawful to sell for human consumption. The chairman first shall give such person written notice of his intent so to act at least ten (10) days prior thereto, and if such person, within eight (8) days after such notice is served upon him, shall apply for a license and shall pay all license fees due and payable by him, the chairman shall not proceed so to adulterate any of such person's milk unless and until the application shall be denied for cause after opportunity for hearing as hereinabove provided. Authority to adulterate milk. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. PAYMENT AUTHORIZED FOR FIRST PRODUCING OIL WELL. No. 317 (Senate Bill No. 315). An Act to implement Article VII, Section I, Paragraph II, Subparagraph I of the Constitution; to provide for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in the State of Georgia;
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to provide for the required production of such oil well to be one hundred (100) barrels of oil per day at least, and for the determination as to whether such well is producing this amount by the Director of the State Department of Mines, Mining and Geology; to provide for the distribution of said amount between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, workmen and employees actually engaged in the job, the mineral and/or property owner where the well is drilled; to provide for the payment of such amount by the Governor, and the method of payment; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. There shall be paid the sum of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State, subject to the following provisions: Such well must produce at least one hundred (100) barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Section 2. The said amount of $250,000.00 shall be distributed as follows: (1) Fifty thousand dollars ($50,000.00) to the mineral and/or property owner, or owners, where the well is drilled, to be divided, where there are multiple owners of the minerals, among them in the proportion of their respective interests therein; provided, however, that the owner or owners, of mineral interest which does not include oil shall not share in said payment. (2) One hundred thousand dollars ($100,000.00) to the company or individual, or combination of persons, firms and corporations, who drills or causes to be drilled the said oil well, being those persons, firms or corporations who own the working interest in the well as working
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interest is known and defined in the oil industry. (3) Eighty seven thousand five hundred dollars ($87,500.00) to the contractor who furnishes the equipment for the drilling of said well, and who performs the job of drilling and completion of the well, provided that if there are more than one contractor the said sum shall be divided only between or among those who engage in drilling the well and in completing same for production and who carry out and complete their contracts. (4) Twelve thousand five hundred dollars ($12,500.00) to be equally divided among the workmen and employees actually engaged in the job of drilling and completing the well, being those persons certified to the Governor by the contractor or contractors, or owners of the working interest, or both, as being his or their bona fide employees who were working on the job when the drilling, or completion of the well for production, or the contractor's contract, was completed, or who otherwise carried out and completed their employment. Section 3. The Governor shall be, and he is hereby authorized, to make the payments provided for herein from the surplus and/or contingent funds of the State. Section 4. The provisions of this Act are severable, and if any provision herein shall be held unconstitutional, or to be for any reason inoperative, by any court of competent jurisdiction, the decision shall not affect or impair any of the remaining provisions. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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DEPARTMENT OF PUBLIC SAFETYLEARNERS' PERMITS. No. 320 (House Bill No. 839). An Act to amend an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 21, 1951 (Ga. L. 1951, p. 598), and an Act approved February 26, 1957 (Ga. L. 1957, p. 103), so as to change the provision relating to operation of motor vehicles by persons holding learners' licenses; 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. 1937, p. 322), as amended, particularly by an Act approved March 21, 1951 (Ga. L. 1951, p. 598), and an Act approved February 26, 1957 (Ga. L. 1957, p. 103), is hereby amended by striking from the first paragraph of section 3 of Article IV of said Act the words, and provided such learner shall not operate a motor vehicle within an incorporated town or city, so that the first paragraph of section 3 of Article IV, as amended hereby, shall read as follows: Section 3. The Director of the Department of Public Safety may issue learner's license to any person who is fifteen years of age or more, physically and mentally able to operate a private vehicle not used for hire, provided that the holder of such learner's license shall be at all times accompanied by a licensed operator or chauffeur, provided further that any incorporated municipality of this state may designate such areas in said municipalities where said learners are prohibited from so operating said vehicles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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VOTERS' REGISTRATION ACT. No. 321 (House Bill No. 718). An Act to effect a complete revision of the laws of this State relating to the qualification and registration of voters; to provide for registration of voters; to provide that certain persons shall not be required to reregister; to provide for county registrars; to provide for a chief registrar in each county; to provide for registrars in counties having a certain population; to provide for an oath of office; to provide for deputies and other personnel; to provide for registration cards and the form thereof; to provide the time for taking applications for registration; to provide for the procedure that must be followed by an applicant for registration; to provide for appeals; to provide for purging the list of registered voters; to provide for lists of disqualified persons; to provide for a list of qualified voters; to provide for a supplemental list; to provide for lists for special elections; to provide for periodic examinations of the list of qualified voters; to provide for subpoenas, summonses and notices; to provide for hearings; to provide for challenges and exceptions thereto; to provide for furnishing the lists of voters to the election managers; to provide where persons shall vote; to provide for transfers of registration; to provide for the oath to be taken by a challenged person; to provide for a checked list of registered voters; to provide that the list of voters and the registration cards shall be open to reasonable inspection; to provide for public hearings; to provide for furnishing lists of voters to municipal officials and education officials and the method of determining the price thereof; to provide for the State Registration and Election Information Board; to provide for penalties; to repeal an Act relating to the registration of voters and known as the Voters' Registration Act, approved February 25, 1949 (Ga. L. 1949, p. 1204), as amended, and to repeal all Acts amendatory thereof; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. Any person who, after the effective date of this law, desires to register as an elector to vote in any general or special election in this State, to fill any Federal, State or county office, or in any primary to nominate candidates for any such office, or in any Federal, State or county election for any purpose whatsoever, must do so under the provisions of this law. Unless the context clearly indicates otherwise, election, as used in this law, shall mean any general or special election in this State to fill any Federal, State or county office, or any primary to nominate candidates for any such office, or any Federal, State or county election for any purpose whatsoever. Intent, Election defined. Section 2. Notwithstanding any other provisions of this law, any person who was qualified and registered to vote in the 1956 general election shall not be required to reregister under the terms of this law unless such person shall have become or becomes disqualified to vote, by reason of having been purged from the list of registered voters or for any other reason whatsoever, in which event, such person shall, in order to become registered to vote, reregister under the terms of this law. Persons already registered. Section 3. The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of said county, three upright and intelligent citizens of said county as county registrars. The grand jury shall submit to the judge the names of six such citizens and the appointments shall be made therefrom. The appointments shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State, within 30 days after the appointments and
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designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as herein after provided. The said judge shall have the right to remove said registrars, or any of them, at any time, with cause. Any registrar shall have the right to resign at any time by submitting a resignation to the said judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. The judge shall have the power to appoint a successor in case of removal, death or resignation, who shall serve the unexpired term. He shall have the right to require the grand jury to recommend two persons for each vacancy if he so desires. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided. Registrars. The terms of registrars serving under the provisions of the Voters' Registration Act of 1949 (Ga. L. 1949, p. 1204), as amended, shall continue until and expire on June 30, 1961. The first appointees under this Act shall take office July 1, 1961, for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as hereinbefore provided. The first new grand jury which convenes in each county in the year 1961, and each four years thereafter, shall submit to the judge the list of names as provided herein. Said list shall be submitted to the judge and the judge shall appoint the registrars and designate the chief registrar prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened, the judge shall appoint the registrars without the necessity of any recomendation. On or before Aprial 1, 1958, it shall be the duty of the judge of the superior court in each county or the senior
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judge, in time of service, in those counties having more than one judge, to designate one of the registrars as chief registrar. Such designation shall be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify to the Secretary of State such designation and the names and addresses of all of the registrars. The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman of the board of registrars, and, as chief registrar, shall perform those functions normally devolving upon a chairman. The chief registrar shall be compensated in an amount of not less than $10 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $7.50 per day for each day of service on the business of the board of registrars. In lieu of the above per diem compensation, the chief registrar may be compensated in an amount not less than $75 per month and the other registrars in an amount not less than $50 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the above limitations, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under the provisions of this Act shall be fixed by the board of registrars with the approval of the governing authority of each county, and shall be paid from county funds. Section 4. Notwithstanding any other provision of this law, in all counties of this State, having a population of 400,000 or more, according to the last or any future United States census, the county tax collector or the county tax commissioner, as the case may be, together with two deputies of said collector or commissioner, to be named by the collector or commissioner, shall constitute the county registrars in such counties. The tax collector or the tax commissioner, as the case may be, is
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hereby designated chief registrar. The order of the tax collector or tax commissioner appointing such deputies shall be filed in the office of the clerk of the superior court and there permanently preserved. Each appointment shall be entered on the minutes of the court and certified as provided hereinbefore. In the event said tax collector or tax commissioner, or any deputy named by the collector or commissioner as registrar, should cease to hold office as collector, commissioner, or deputy, prior to the expiration of his term as registrar, his successor in office shall serve the unexpired term. In the event of removal or resignation of any such registrar, as provided hereinbefore, a successor in office shall be appointed by the judge of the superior court, or senior judge, in time of service, if such county has more than one judge, from the two names recommended by the grand jury for appointment to the unexpired term, and these proceedings shall be entered upon the minutes of the court and certified as provided hereinbefore. Tax collector to serve as Chief Registrar in certain counties. Section 5. Before entering upon his duties, each of the registrars shall take the following oath before some officer authorized to administer oaths under the laws of this State; to-wit: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as registrar. Oath. Section 6. The tax commissioner or tax collector of the county shall be a deputy to the board of registrars and shall perform the duties required of him under this law. Said tax collector or tax commissioner may, with the assent of the board, designate one or more of his own deputies, to act as additional deputies. The registrars may appoint additional deputies and hire clerical help to aid them in the discharge of their duties. Deputies. Section 7. The registrars of the several counties shall obtain a supply of registration cards which shall be used by them in connection with the application of those persons seeking to register as electors. The governing authority of each county shall pay the costs of registration cards and other supplies from county funds. Supplies.
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Section 8. The registration card shall be in substantially the following form and contain all the following, but the registrars may require additional information and provide for its inclusion on the card. The form may be printed on cards or separate sheets of paper, but for convenience, the card, or sheet or sheets of paper, shall be referred to as the Registration Card. Registration Cards.
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(The space above shall be marked approved or rejected after the examination of the applicant's qualifications by the board.) Section 9. The registrars shall have charge of the registration cards. Any registrar or any deputy registrar
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may administer the oath required of a person applying for a registration and attest the same. Section 10. The registrars shall keep said registration cards at the tax collector's or tax commissioner's office, where one or more of their number, or one or more of their deputies shall be stationed for the purpose of taking applications for registration. In those counties where the registrars have a separate office, the registration cards shall be kept in such office. Any such office shall be in the courthouse or other publicly owned or publicly rented or publicly leased building. Each applicant for registration shall apply in person at the office where the registration cards are kept. The presence of any such official shall not be required except at such times as said office is open at regular hours. Care of cards, office hours. Section 11. The registrars shall, in each year in which there is a general election for members of the General Assembly, cease their operations of taking applications from persons desiring to vote in such election six months before the date of such election. During the period while the general election list is being prepared, they may suspend the operation of taking applications from those desiring to vote in subsequent elections, provided the office shall be kept open at least one day and the same day in each week during this period for receiving applications. Applications taken, when. Section 12. Any person desiring to register as an elector shall apply to a registrar or a deputy, as the case may be. Such person shall furnish the official with information which will enable him to fill in all of the blanks appearing on the registration card. On completion of the form the official shall administer the oath to the applicant and then have him sign it, and the official shall then attest it. Applications. Section 13. Upon request of the applicant, the official taking the application shall read or repeat the oath distinctly to the applicant, and if the applicant cannot sign
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his name, the said officer shall sign it for him, the applicant making his mark thereto. Oath. Section 14. All cards shall be turned over to the registrars and examined by them within 10 days from the date of the application. If the answer to the question propounded to the applicant relating to the offenses enumerated in Paragraph I of Section II of Article II of the Constitution is answered in the affirmative and the applicant has not been pardoned, the registrars shall reject the application. If such question is answered in the negative, the board shall notify the applicant in writing to appear before it on a day and time certain. At that time, the applicant shall be subjected to an examination as to his qualifications. Such notice shall be given within 5 days after the date of the examination of the card. The examination of the applicant shall be conducted in accordance with the procedure hereinafter prescribed. Examinations. Section 15. The failure on the part of the applicant to disclose information sought by a direct question of the registrars, or either of them, or their deputy, in connection with the taking of the application or at subsequent proceedings, or the giving of false information, shall be cause for the applicant's application to be rejected by the registrars on their own motion, and shall also be a cause for challenge, which, if sustained, shall result in the voter's name being removed from the list. False information. Section 16. All decisions of the registrars under this law shall be subject to appeal. An appeal must be in writing and shall be filed with the registrars within 10 days from the date of the decision complained of. It shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. Pending the appeal and until final judgment in the case, the decision of the registrars shall remain of full force. Appeals. Section 17. When an applicant appears before the board of registrars for examination, the board shall proceed as hereinafter provided.
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(a) If the applicant applies for registration and seeks to qualify on the basis of literacy, the board shall submit to him a section of the Constitution of Georgia or of the United States and the applicant shall be required to read it aloud and write it in the English language. If the applicant reads the section intelligibly and writes it legibly, possesses the other necessary qualifications and is not disqualified for any reason, the card shall be marked approved and the applicant shall be considered a registered voter. Otherwise, the registration card shall be marked rejected. If the applicant states that solely because of physically disability, he is unable to read or write, the section shall be read to him by any member of the board and he shall be called upon to give a reasonable interpretation thereof. The interpretation shall be in the applicant's own words, giving words the significance ordinarily attached to them by a layman of average intellect and attainments. If, in the opinion of the board, the applicant gives such a reasonable interpretation, possesses the other necessary qualifications and is not disqualified for any reason, the card shall be marked approved and the applicant shall be considered a registered voter. Otherwise, the registration card shall be marked rejected. Examinations. (b) If the applicant applies for registration and seeks to qualify on the basis of his good character and his understanding of the duties and obligations of citizenship under a republican form of government, he shall be given an examination based upon a standard list of questions as hereinafter provided. (c) In all situations arising under this law where the applicant or the voter, as the case may be, is required to be served with a notice of a hearing, said notice, unless otherwise provided herein, shall specify a date not less than one nor more than 30 days after the date of the notice. The notice may be served by mailing it to the applicant or the voter at the address given on his registration card. The registrars, if present or in session at the time an application is filed, may proceed to the examination of the applicant instanter and without notice.
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(d) Failure to appear at the time specified in any notice given under the provisions of this law shall constitute cause for rejecting an application or of removing a voter's name from the list. In either event, no new application for registration shall be received from any such person until after the beginning of the new calendar year. Provided, however, an application may be reinstated and a voter's name returned to the list on motion of such person if he can prove in fact that he was not served with or furnished with a notice. (e) In all cases under this section and under this law where an application is rejected or a voter's name is removed from the list, the registrars on the day of such event shall notify such persons by mail addressed to the address shown on the registration card. If any adverse decision is reached when such person is present and he is so notified by the board, no written notice shall be required. Section 18. The examination which the registrars shall submit to an applicant who claims the right to register on the basis of good character and understanding of the duties and obligations of citizenship under a republican form of government, shall be based upon a standard list of questions, and the questions on this list and no others shall be submitted to such applicant. In order to ascertain whether an applicant is eligible for qualification as a voter in this classification, the registrars shall orally propound to him the 30 questions on the standardized list set forth hereinafter. If the applicant can give correct answers to 20 of the 30 questions as they are propounded to him, possesses the other necessary qualifications and is not disqualified in any other way, the card shall be marked approved and the applicant shall be considered a registered voter. Otherwise, the registration card shall be marked rejected. Same. Section 19. The standard list of questions which shall be propounded to each applicant is as follows: 1. What is a republican form of government?
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2. What are the names of the three branches of the United States government? Questions. 3. In what State Senatorial District do you live and what are the names of the county or counties in such district? 4. What is the name of the State Judicial Circuit in which you live and what are the names of the counties or county in such circuit? 5. What is the definition of a felony in Georgia? 6. How many Representatives are there in the Georgia House of Representatives and how does the Constitution of Georgia provide that they be apportioned among the several counties? 7. What does the Constitution of Georgia prescribe as the qualifications of Representatives in the Georgia House of Representatives? 8. How does the Constitution of the United States provide that it may be amended? 9. Who is the Chief Justice of the Supreme Court of Georgia and who is the Presiding Justice of that court? 10. Who may grant pardons and paroles in Georgia? 11. Who is the solicitor general of the State Judicial Circuit in which you live and who is the judge of such circuit? (If such circuit has more than one judge, name them all.) 12. If the Governor of Georgia dies, who evercises the executive power, and if both the Governor and the person who succeeds him die, who exercises the executive power? 13. (a) What does the Constitution of the United
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States provide regarding the suspension of the privilege of the writ of Habeas Corpus? (b) What does the Constitution of Georgia provide regarding the suspension of the writ of Habeas Corpus? 14. What are the names of the persons who occupy the following State offices in Georgia? (1) Governor (2) Lieutenant Governor (3) Secretary of State (4) Attorney General (5) Comptroller General (6) State Treasurer (7) Commissioner of Agriculture (8) State School Superintendent (9) Commissioner of Labor 15. How many Congressional Districts in Georgia are there and in which one do you live? 16. What is the term of office of a United States Senator? 17. What is the term of office of a State Senator? 18. What is the county site of your county? 19. How does the Constitution of Georgia provide that a county site may be changed? 20. What are the qualifications for jury service in Georgia? 21. What are the names of the persons who occupy the following offices in your county? (1) Clerk of the Superior Court
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(2) Ordinary (3) Sheriff 22. How may a new state be admitted into the Union? 23. On what day and how often is the general election held in Georgia at which members of the General Assembly of Georgia are elected? 24. What does the Constitution of the United States provide regarding the right of citizens to vote? 25. In what Federal Court District do you live? 26. What are the names of the Federal District Judges of Georgia? 27. Who are citizens of Georgia? 28. What is treason against the State of Georgia? 29. In what body does the Constitution of the United States declare that the legislative powers granted in such Constitution shall be vested? 30. How many electoral votes does Georgia have in the electoral college? Section 20. The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one election, as provided in this section, within a five-year period unless he shall specifically request continuation of his registration in the manner hereinafter provided. Cancellation of registration. Within 60 days after the first day of January, beginning in the year 1959, and biennially thereafter, the registrars shall revise and correct the registration records in the following manner: They shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general election or
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primary, Federal, State or County within the two years next preceding said first day of January; provided, however, that on or before March 1st of said year they shall mail in a sealed envelope by first class mail to each elector at the last address furnished by the registrant a notice substantially as follows: You are hereby notified that according to State law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless before April 1st of the current year you continue your registration by applying in person to this office. Effective April 1, 1959, and biennially thereafter, the registrars shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified voters prior to May 1st of that year. Any elector whose registration has been thus cancelled may reregister in the manner provided for original registration in this law. No person shall remain a qualified voter longer than he shall retain the qualifications under which he registered. Section 21. The clerk of the superior court of each county shall, on or before the 20th day of April in each year, prepare and file with the registrars a complete list, alphabetically arranged, of persons living in the county on the 10th day of April of that year who appear to be disqualified from voting by reason of conviction of a crime, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suffrage restored to him. The ordinary of each county shall, by such date, file a similar list of all persons living in the county on the 10th day of April of that year who appear to be disqualified from voting by reason of idiocy or insanity. The local registrar of vital statistics of each county shall, by such date, file a similar list of those persons who have died between April 15th of the preceding year and April 15th of the current year, inclusive. Person disqualified. Section 22. The registrars, not later than the 20th day of April, 1958, and thereafter not later than such day
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in each year in which a general election is to be held, shall begin the work of perfecting a true and correct list of the qualified voters of their county. They shall place on said list only those persons they have found to be prima facie qualified to vote and those persons whom they shall subsequently find to be prima facie qualified to vote. In preparing said list, they shall examine the lists of disqualified persons furnished them and if any applicant's name is found thereon, they shall not place his name on the voters' list. If the information comes to them after the preparation and filing of the list, they shall call upon him to show cause why it should not be removed from the list. The registrars shall proceed with their work of perfecting said list of qualified voters and shall complete the same not later than August 1st of such year. Registration lists. Section 23. Within five days after completing said list of qualified voters, the registrars shall file with the clerk of the superior court of their county a certified list as prepared and determined by them. Within the same time, the registrars shall furnish the Secretary of State a certified copy of such list. The list or any part thereof can be obtained by paying to the Secretary of State a fee of five cents per name. Said list shall be alphabetically arranged by militia districts and voting precincts, and in case a city is located in the county, by the wards of said city, and the said list shall be the list of the registered and qualified voters for the general election to be held in said year for members of the General Assembly. No person whose name does not appear on said list shall vote or be allowed to vote at said general election or at any party primary to nominate candiates for the offices to be filled at said general election, except as hereinafter provided. Same. Section 24. Each person whose name appears on said list, and who is not found to be disqualified subsequent to the filing of said list, shall be entitled to vote in any election held during the period subsequent to the filing of said list and before the filing of the next such list. Nothing in this section shall be construed so as to prevent the registrars from purging said list and any supplemental
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list, as provided for hereinafter, and removing therefrom those persons not entitled to vote. It shall be the duty of the registrars to consolidate said list and any such supplemental list for any such election and to make certain that no person is listed more than once. Provided, however, that no person shall be eligible to vote in any election, as defined in this law, who is not at least 18 years of age on or before the date of such election. Elections. Section 25. If any person whose name is not on said registration list desires to vote at any election subsequent to the general State election, whether in said year or in the succeeding year, he shall at least six months before the election at which he desires to vote, apply to be registered as a voter, and his application shall be processed in the same manner as the applications of persons qualifying to vote in the general election. The registrars shall, six months before such election other than the general State election, cease taking applications to qualify persons to vote in such election and shall within 25 days thereafter pass upon such qualifications in the same manner as in other cases and file with the clerk of the superior court a supplemental list showing the names of additional voters who are entitled to vote at such election subsequent to the general election. Any person whose name appears upon said list may vote at such election. Provided, that the registrars shall purge said list before filing it of the names of all persons who will not be qualified to vote at said election. All voters on said list shall have the same rights as to elections subsequent to such election as persons on the list for the general election. Provided, that at any special election the provisions of the next succeeding section shall be followed as to registration and voting. Other elections, supplemental lists. Section 26. Any person who has registered for a general election, if otherwise qualified to vote at any special election before the next general election, shall be listed and entitled to vote at such special election. Five days after the call of said special election, the registrars shall cease taking applications from persons desiring to register and qualify to vote therein, and proceed to examine
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amine into the qualifications of the applicants in the same manner as herein provided with reference to applicants desiring to qualify to vote in general elections. The registrars shall then prepare a supplemental list showing the names of additional voters who are entitled to vote at such special election, and any person whose name appears on said list may vote at such special election, but the registrars shall purge said list before filing it of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for the general election. A certified list so prepared and arranged alphabetically and divided according to districts, precincts and wards as in the case of general election lists, shall be filed in the office of the clerk of the superior court within 10 days after the call of said special election. Within the same time, a certified copy of such list shall likewise be furnished to the Secretary of State. It shall be the duty of the registrars upon the call of a special election to purge the list of registered voters prepared for the last general election of any names subsequently disqualified for any reason and to furnish the managers of such special election two lists, one composed of the names of voters entitled to vote by reason of their registration and qualification for the last general election, and the other made up of the names of those entitled to vote by reason of their subsequent registration as hereinbefore provided, and no one shall be entitled to vote in said special election unless his name is on one of the lists furnished by the registrars. The registrars are hereby authorized to combine said lists. Special elections. Section 27. The board of registrars shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector whose name is entered upon the list of qualified voters, and shall not be limited or estopped by any action taken at any prior time. Supplemental examinations. Section 28. For the purpose of determining the qualification or disqualification of applicants and voters, the registrars may, upon at least one day's notice, require the production of books, papers, and other material, and
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upon like notice may subpoena witnesses. The registrars may swear any witness appearing before them. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of two of said registrars shall control. Hearings, production of books, etc. Section 29. The sheriff, his deputy, or any lawful constable of said county shall serve all summonses, notices, and subpoenas, as issued by said registrars and placed in the hands of any such official. Such official shall receive such compensation as is provided for like services in the superior court. Summonses, etc. Section 30. If the right of any person to remain on the list of qualified voters, whose name appears thereon, is questioned by the registrars, said registrars shall give such person written notice of the time and place of a hearing to determine such right which shall be served upon said person in the manner herein provided for other notices. Supplemental examinations. Section 31. The list of registered voters prepared by the registrars shall be open to public inspection, and any citizen of the county who is himself a registered and qualified voter shall be allowed to challenge the right of registration of any person whose name appears upon the voters' list, and upon a challenge as to the qualifications of the voter being filed, the registrars shall notify the voter and pass upon the challenge. Each challenge shall specify the grounds of the challenge, and when notice is given the voter by the registrars, a copy of such challenge shall be furnished the challenged voter at least one day before passing upon the same. Any citizen of the county who is himself a registered and qualified voter shall also be allowed to challenge the qualifications of any applicant for registration. Public inspections of lists, challenges, etc. Any other provision of this law to the contrary notwithstanding, no challenge as provided in this section shall be valid as to a person who has registered to vote prior to the effective date of this law on the grounds that such person does not come within either of the classes
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provided in the two subdivisions of Paragraph IV of Section I of Article II of the Constitution of Georgia. Section 32. The registrars shall, at or before the hour appointed for opening the polls, place in the possession of the managers of the election at each voting precinct in the county, one or more typed, printed or clearly written copies of the list of registered voters for such militia district or city ward in which the voting precinct is situated, said list to contain all the information hereinbefore provided for including a designation by the names of the voters who require assistance in voting said ballot; and the registrars shall, in like manner, place in possession of the election managers of the voting precinct at the court house, at the county seat, proper lists for each militia district, the voting precinct of which is situated outside of an incorporated municipality. The list for a given district or ward may be divided into as many sections as there are ballot boxes in said district or ward. Said list of registered voters shall be duly authenticated by the signatures of two of said county registrars. Elections. Provided, however, the registrars may place in the possession of the official in charge of a voting place, within a voting precinct, a list which shall contain only the names of the registered voters who are entitled to vote at such voting place and only those persons whose names appear thereon shall be eligible to vote at such voting place. Section 33. All persons whose names appear on the list of registered voters placed in the possession of the person or persons in charge of each voting precinct, and no others, shall be allowed to deposit their ballots according to law, at the voting precinct of the militia district or city ward in which they are registered, but not elsewhere, except as hereinafter provided and except as hereinbefore provided in the preceding section relative to voting places. If in any city ward or militia district a voting precint is not established and opened, the registrars shall furnish to the election managers at the voting precinct at the court house, at the county seat, the lists
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of registered voters of such ward or militia district, and persons whose names appear on such lists shall be allowed to vote at the voting precinct at the court house, at the county seat, under the same rules that would have governed if a voting precinct had been established and opened in said ward or militia district. Same. Section 34. If any person shall offer to vote at the precinct at the court house, at the county seat, whose name does not appear on the lists for that ward or militia district, but does appear on the list for one of the militia districts in which the voting precinct is situated outside of an incorporated town, such person shall be allowed to vote at the court house, at the county seat, upon taking the following oath: I swear, or affirm, that I have not voted elsewhere and will not vote elsewhere in this election. The name of such voter shall be kept on a special list by the election managers and checked against the list of his precinct, militia district or ward, to ascertain whether or not he has voted in such election more than once. Same. Section 35. When any portion of a county is changed from one county or district to another, the persons who would have been qualified to vote in the county or district from which taken, at the time of any election, shall vote in the county or district to which they are removed, and if required to swear, the oath may be so qualified as to contain this fact. The name of such voter shall be kept and checked as hereinbefore provided. Change of County or District lines. Section 36. (a) Any registered voter, upon moving his residence to another county and fulfilling the residential requirements therein, may, if he is otherwise qualified, have his name placed upon the list of registered voters of the county of his new residence as hereinafter provided. He shall obtain from the board of registrars of the county of his immediate former voting residence a registration transfer certificate which shall be in the following form: Change of residence.
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I hereby certify that..... was a Name of Voter properly registered voter of the county of..... until...... I further certify that (Month) (Day) (Year) on such date his name was removed from the list of regis- tered voters of this county for the purpose of transferring his registration to..... County. This..... day of....., 19...... ..... Chief Registrar of ..... County. After obtaining such certificate, such person shall make application to the board of registrars of the county of his new residence to have his name placed upon the list of registered voters of such county. He shall present the certificate to the board, and in addition thereto, must sign the following statement: I hereby swear (affirm) that I have resided in..... (County of ..... County for at least six (6) months, new residence) or will have resided in such county six (6) months by the date of the next general election. I further swear (affirm) that I am not registered as a voter in any other county. I further swear (affirm) that I have not become disqualified to vote since I registered in..... (County from ..... County. which transferring) This..... day of....., 19...... ..... Signature Such application to the board of registrars of the county
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of such person's new residence must be made at least ten days before any election or primary at which such person will be eligible to vote. No person shall vote in any county except the county of his residence. (b) In the event any registered voter moves to a residence within the county, which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact, and the board shall place such person's name on the proper list of registered voters. If the board, of its own knowledge, knows of such move, it may make the proper changes. Section 37. When any person desires to vote, he may be challenged and required to take, in addition to the oath required to qualify an elector, the following oath in writing: Additional oath, when. I do solemnly swear that I am (here insert the name, the same as on the registration list); that I am duly qualified as an elector, and at the time gave my address as (here give the address given on the registration card); that I have for the last six months resided at the following addresses (here give detailed addresses during the last six months with such particularity that the same can be readily verified or disproved); that I have resided at such place under the name of (here insert any name or alias used); that my mother's maiden name is (or was) (here insert mother's maiden name); and that my father's full name is (or was) (here insert father's name). Such written oath shall be filed with the person in charge of the election and preserved. Any other provision of this law to the contrary not-withstanding, no challenge as provided in this section shall be valid as to a person who has registered to vote prior to the effective date of this law on the grounds that such person does not come within either of the classes provided in the two subdivisions of Paragraph IV of Section I of Article II of the Constitution of Georgia.
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Section 38. The official in charge of each voting precinct shall return a checked list of registered voters, reflecting those who voted, to the official in charge of elections, to be deposited with the registrars. The board of registrars shall keep such list open for public inspection and shall make such list available to the next grand jury for such action as may be deemed proper by the grand jury. Election Officials. Section 39. The lists of registered voters and registration cards shall be open at all times to the reasonable inspection of any citizen of the county, but shall not be removed for such inspection from the custody of the official in charge. Inspection of cards. Section 40. All the duties herein required of the registrars and all hearing of evidence upon the qualifications of voters shall be discharged and had in public. Duties to be performed publicly. Section 41. In any county in this State where the registration records have been destroyed by fire or otherwise, the list of voters which has been certified to the Secretary of State, as provided hereinbefore, shall be used to compile a new list. Lists destroyed. Section 42. The registrars shall meet at the court house during voting hours of each election day for the purpose of considering the qualification of voters whose names may have been omitted by inadvertence or mistake from the list of registered voters. The registrars shall be authorized to place the names of such voters on the registration list. Names left off of lists by inadvertence. Section 43. Whenever the authorities of a municipality located within a county who are charged with the responsibility of holding elections, or the authorities of a board of education who are charged with the responsibility of holding an election shall request the board of registrars of the county, it shall be the duty of the board of registrars to furnish to said municipality or board of education a list of registered voters, duly certified, who are qualified to vote and who reside within the corporate
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limits of said municipality or within the jurisdictional limits of the board of education. Any such list furnished a municipality shall show the ward, militia district and voting precinct of each voter. Lists to be furnished municipalities or Board of Education. Section 44. The board of registrars shall furnish said list to the municipality or board of education within said county at a price mutually agreed upon between said parties. If such parties are unable to agree upon said compensation, the amount of same shall be submitted to arbitration pursuant to Chapter 7-2, and the award of said arbitrators shall be binding upon all parties, and the compensation provided by said arbitrators paid. Same, prices. Section 45. There is hereby created a board to be designated the State Registration and Election Information Board, to be composed of the Governor, the Attorney General and the Secretary of State. It shall be the duty of the board to assist and advise the registrars in the various counties of the State concerning the performance of their duties under this law. The board shall prepare and distribute material to the registrars and shall make such information available to the registrars as will enable them to more efficiently perform their duties. The board shall provide for the holding and conducting of seminars and meetings at such times and places as deemed advisable. The members of the board shall be compensated as authorized by law for ex-officio offices. In order to assist it in the performance of its duties and functions, the board if hereby authorized to employ a person who shall be the executive director of the board. The executive director shall serve at the pleasure of the board and his compensation shall be fixed by the board. The executive director is authorized to perform whatever duties and functions the board shall delegate and assign to him, subject to the approval of the board. Such clerical and other personnel as shall be necessary shall be employed by and compensation therefor fixed by the executive director with the approval of the board. Such equipment and supplies as are necessary shall be obtained in the same manner as is other equipment and supplies for the State and the board shall be subject to State
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budgetary laws and rules and regulations. Until such time as the General Assembly shall provide a separate appropriation for the board, the Budget Bureau is hereby authorized and directed to provide to the board the funds necessary to carry out the purposes set out herein from any available funds. State Registration and Election Information Board. Executive Director. Section 46. Any person who shall sign his name or his mark to the oath on the registration card as prescribed by law, and who is not in fact qualified as stated in the oath; or who shall sign his name or his mark to the oath on more than one registration card, unless required to reregister by the registrars; or who shall in like manner sign any assumed or fictitious name; or who shall aid or abet any other person to sign his name or make his mark to the oath on more than one registration card, unless such other person shall have been required to reregister; or who shall aid or abet any other person to sign an assumed or fictitious name to the oath on said registration card; or who shall deposit or aid or abet another to deposit a ballot at any election in any name other than his own, as it appears on the list of registered voters as required by law; or who shall vote without having signed the oath on the registration card and otherwise qualifying to vote, shall be guilty of a misdemeanor. Crimes. Section 47. Any registrar, or any deputy registrar, who shall permit any person to sign the voters' oath on the registration card, unless such person shall have actually made the oath before him as provided by this law shall be guilty of a misdemeanor. Same. Section 48. Any registrar, or any deputy registrar, or any other person who shall falsify the registration cards, or any lists taken or made up therefrom as herein provided, shall be guilty of a felony and punished by confinement in the penitentiary for not less than one nor more than five years and shall be thereafter prohibited from voting or holding any office in this State. Same. Section 49. An Act relating to the registration of voters and known as the Voters' Registration Act, approved
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February 25, 1949 (Ga. L. 1949, p. 1204), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 126), an Act approved February 4, 1952 (Ga. L. 1952, p. 12), an Act approved March 3, 1955 (Ga. L. 1955, p. 344), and an Act approved March 13, 1957 (Ga. L. 1957, p. 385), is hereby repealed in its entirety and each of the aforesaid amendatory Acts is likewise repealed in its entirety. Prior Acts repealed. Section 50. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. JUDGES PRO HAC VICE OF SUPERIOR AND CITY COURTSJUDGES OF SUPERIOR COURTS EMERITUS. Code 24-2625, 24-2626 Amended. No. 322 (House Bill No. 837). An Act to amend Code section 24-2625, relative to judges pro hac vice of superior and city courts, and Code section 24-2626, relating to the appointment of a judge by the clerk, so as to provide for service and appointment of judges of the superior courts emeritus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2625, relative to judges pro hac vice of superior and city courts, is hereby amended by adding a sentence at the end thereof as follows: Any judge of the superior courts emeritus may likewise be selected., so that when so amended, Code section 24-2625 shall read as follows: When, from any cause, the judge of the superior court or any city court is disqualified from presiding in
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any civil case, and has failed to procure the services of a judge to try said cause, then the parties litigant, by consent, may select any attorney of this State to preside in said case, and the attorney so selected, when the consent is entered on the minutes, shall exercise all the functions of a judge in that case. Any judge of the superior courts emeritus may likewise be selected. Code 24-2625 amended. Section 2. Code section 24-2626, relating to the appointment of a judge by the clerk, is hereby amended by adding a sentence at the end thereof as follows: Any judge of the superior courts emeritus may likewise be selected., so that when so amended, Code section 24-2626 shall read as follows: In all cases mentioned in the preceding section, when the case or cases are reached in their order on the dockets, without an agreement by the parties as to the selection of an attorney to preside as judge, it shall be the duty of the clerk of the superior court, or in his absence the deputy clerk, to select some competent attorney practicing in that court, who shall likewise have authority and preside in said case as aforesaid. Any judge of the superior courts emeritus may likewise be selected. Code 24-2626 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. DEPARTMENT OF PUBLIC SAFETY. No. 323 (House Bill No. 709). An Act to amend an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 2, 1949 (Ga. L. 1949, p. 70), an Act approved March 9, 1956 (Ga. L. 1956, p. 573), an Act approved February 26, 1957 (Ga. L. 1957, p. 103) and an Act approved
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March 7, 1957 (Ga. L. 1957, p. 309), so as to change the provisions relative to uniforms; to change the compensation of the deputy director; to change the rank of the treasurer; to provide for longevity compensation for certain members of the Department of Public Safety; to provide for base pay; to repeal an Act providing for a change in the compensation of certain members of the Department of Public Safety, approved March 9, 1956 (Ga. L. 1956, p. 687); to provide an effective date; to provide for funds; 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 creating a Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 2, 1949 (Ga. L. 1949, p. 70), an Act approved March 9, 1956 (Ga. L. 1956, p. 573), an Act approved February 26, 1957 (Ga. L. 1957, p. 103) and an Act approved March 7, 1957 (Ga. L. 1957, p. 309) is hereby amended by striking from the second paragraph of section 3 of Article I the words, the director shall be required to furnish his own uniforms, so that when so amended the second paragraph of section 3 of Article I shall read as follows: The Director of Public Safety of Georgia shall be appointed by the Board of Public Safety for a term of four (4) years, and shall receive an annual salary of $10,000.00, payable monthly. Director. Section 2. Said Act, as amended, is further amended by striking from the first paragraph of section 5 of Article I the figure, $4,800.00, and inserting in lieu thereof the figure, $7,000.00, and by striking the words, the deputy director shall be required to furnish his own uniform, so that when so amended the first paragraph of section 5 of Article I shall read as follows: The Director of Public Safety of Georgia is vested
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with authority to appoint a Deputy Director of Public Safety, whose term of office shall be four years, and who shall have the rank of Lieutenant Colonel. It is hereby provided that the Deputy Director as appointed may be a member of the Uniform Division of the Department of Public Safety and upon such removal from such office without prejudice he shall revert to his original rank in the Uniform Division which he held when such appointment was made. The Deputy Director shall receive an annual salary of $7,000.00 per year, payable monthly, and whose appointment shall be subject to confirmation by the Department of Public Safety. Deputy Director. Section 3. Said Act, as amended, is further 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. Uniform Division. (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 major; 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
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Officer and Treasurer shall not be included in the complement of the battalion hereinafter shown. 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 any 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 surety bond in the amount of $10,000 conditioned for the faithful discharge of his duties, and for the faithful accounting of all funds coming into his hands, payable to the Governor of Georgia and his successors in office and to be approved by the Director of Public Safety. In the event a surety bond is given by any member or employee of the Department of Public Safety, the premium thereon shall be paid out of funds of the Department. The one battalion shall consist of not more than 500 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: 2 Majors at $3,965.00 per year, each 4 Captains at $3,365.00 per year, each 8 1st Lieutenants at $2,965.00 per year, each 2 Sergeant Majors at $2,865.00 per year, each 45 Sergeants at $2,765.00 per year, each 45 Corporals at $2,565.00 per year, each All Troopers at $2,400.00 per year, each
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Said salaries shall be automatically increased 5% annually for the first five years of service, 3% annually for the next five years of service, 2% annually for the next ten years of service, and 1% annually for each year of service thereafter. Such increases shall be computed on the base pay of each member at the rank which he holds on April 1, 1958. In the event such member's rank changes in the future, such increases shall be recomputed on the basis of such new rank. Credit for prior service shall be granted and such service shall be used in the formula for computing such increases. No credit for service shall be granted for any time during which a person was not actually employed by the Department of Public Safety and received compensation therefor in one of the positions for which such increases are authorized herein. Credit shall be granted for service, not to exceed 5 years, in the armed forces of the United States for any period of time served during the years 1940 through 1946 and 1950 through 1955, provided the member to whom such credit is granted left the Department for the purpose of going into the armed forces and returned to the Department within six months after his discharge therefrom. The increases provided for herein shall likewise be received by the members of the Headquarters Staff, except the Director and Deputy Director. The increases provided for herein shall likewise be received by members of the Georgia Bureau of Investigation, whose compensation is based upon the same base pay schedule as that of the members of the Uniform Division of the Department of Public Safety as set forth in this Act, as amended. The Director and Deputy Director shall likewise continue to receive the increase of $365.00 per annum provided in the Act approved March 9, 1956 (Ga. L. 1956, p. 687), even if such Act is repealed. Subsistence allowances shall be not less than $4.00 per day for troopers and officers. Said subsistence allowances are hereby made mandatory in the sum of not
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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. 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 employee of the Department of Public Safety convicted of violation of this section shall terminate his connection with the Department. The Director of Public Safety is authorized to employ the number of recruits as may be necessary, who shall not be members of the Uniform Division, and the Director shall prescribe the rules and regulations governing the training and enlistment of such recruits subject to the approval of the Board of Public Safety. Section 4. An Act providing for a change in the salaries of certain members of the Department of Public Safety, approved March 9, 1956 (Ga. L. 1956, p. 687), is hereby repealed in its entirety. 1956 Act repealed. Section 5. Until such time as the General Assembly shall provide an appropriation to carry out the provisions of this Act, the Budget Bureau is hereby authorized and directed to provide to the Department of Public Safety, the funds necessary to carry out the provisions of this Act. Appropriation.
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Section 6. This Act shall become effective April 1, 1958. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. LICENSE PLATES FOR ANTIQUE AUTOMOBILES. No. 326 (Senate Bill No. 241). An Act to provide for the issuance by the State Revenue Commissioner of special license plates for antique automobiles; to provide said plates shall be valid, without renewal, for as long as the vehicle is in existence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, a historical vehicle means any motor vehicle which is over thirty years old and which is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but in no event to be used for general transportation. Definitions. Section 2. Upon application, registration, and payment of a fee of seven dollars and fifty cents ($7.50), the State Revenue Commissioner shall issue a special license plate, as herein described, for every antique automobile within the State. Said special license plates shall be valid, without renewal, as long as the vehicle is in existence. Special license plates. Section 3. Said license plates shall be of metal at least six inches wide and not less than twelve inches in length, and shall show in bold characters the words, Historical Vehicle, the full name or the abbreviation of the name of the State, a serial number, and other distinctive markings as in the judgement of the Commissioner
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will to the best advantage advertise, popularize and otherwise promote the State. The serial numbers shall commence with the number one and continue in consecutive numerical sequence. Description of plates. Section 4. The State Revenue Commissioner shall make such rules and regulations as necessary to ascertain compliance with all State license laws relating to use and operation of a private passenger car before issuing these tags in lieu of the regular Georgia license plate. Rules. Section 5. Upon the sale or transfer of any antique automobile for which special license plates have been issued, said plates may be transferred to the purchaser or transferee upon paying fifty cents (50 ) to the State Revenue Commissioner. Transfer of plates. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. PIPE LINES ON RIGHTS-OF-WAY PERMITTED TO TRANSPORT CLAY. No. 327 (Senate Bill No. 256). An Act to amend an Act approved March 27, 1947, and appearing in Georgia Laws 1947, page 1182, by extending the operation of said Act so that it will include public roads belonging to the various counties of this State, said amendatory Act being to define and broaden the use of rights-of-way granted for highways and to lessen the surface use thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; to give the State Highway Department and the governing authority of the various counties jurisdiction over the construction and maintenance of said pipe lines; and for other purposes.
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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 1 of said Act be amended by striking the word state appearing after the word that and before the word highways appearing in the third line of said section and inserting in lieu thereof the word public so that said section as amended will read as follows: Section 1. Declaration of Legislative Policy. As a matter of legislative determination, it is hereby declared that public highways are maintained for the purpose of enabling persons and property to be transported upon, under, and along the same, and said highways are vital necessities to our economic structure. The congestion of traffic on the surface of said highways, the deterioration from constant use and heavy loads, and the frequency of accidents causing damage to persons and property are all questions of grave public concern, and it is necessary in the interest of public safety and economy that means be provided whereby the use of said highways may be enlarged and at the same time the safey of the public increased and the cost of maintenance decreased. Section 2. That section 2 of said Act which reads as follows: Section 2. That the State Highway Department of Georgia shall have the right to grant permits to persons, firms, or corporations engaged in the mining of clays to construct, maintain, and operate pipe lines under the surface of rights-of-way owned by the State of Georgia, which pipe lines shall be used to convey clay from the mines to refining plants or to railroads where such clay may be shipped to refining plants. As a condition precedent to the granting of such permits, the State Highway Department shall require the mining operator to make application in writing specifically describing the nature, extent, and location of his proposed pipe line and shall also require the applicant to furnish an indemnity bond condition to pay any damages which may be caused to
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said highway during either the period of construction or operation and also any damages which may be suffered by any member of the public on account of the construction or maintenance of said pipe line. Said State Highway Department shall be authorized to adopt reasonable regulations for the construction, use, and maintenance of said pipe lines and shall likewise be empowered to order the removal thereof should said pipe lines not be properly maintained and operated; provided, that it at all times shall be the duty of said State Highway Department to see that the operation of said pipe lines does not interfere with the surface use of said highways. State highways. be re-enacted and re-affirmed. Section 3. That section 3 of said Act be and the same is hereby repealed in its entirety and a new section 3 reading as follows be enacted in lieu thereof: Section 3. That the governing authority of any county in this State shall have the right to grant permits to persons, firms, or corporations engaged in the mining of clays to construct, maintain, and operate pipe lines under the surface of rights-of-way owned by any county, which pipe lines shall be used to convey clay from the mines to refining plants or to railroads where such clay may be shipped to refining plants. As a condition precedent to the granting of such permits, said governing authority of any county shall require the mining operator to make application in writing specifically describing the nature, extent, and location of his proposed pipe line and shall also require the applicant to furnish an indemnity bond conditioned to pay any damages which may be caused to said highway during either the period of construction or operation and also any damages which may be suffered by any member of the public on account of the construction or maintenance of said pipe line. Said governing authority of any county shall be authorized to adopt reasonable regulations for the construction, use, and maintenance of said pipe lines and shall likewise be empowered to order the removal thereof should said pipe lines not be properly maintained and operated; provided, that it at all times shall be the duty of said governing
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authority of any county to see that the operation of said pipe lines does not interfere with the surface use of said highways. County roads. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1958. FURNISHING DYNAMITE CAPS, ETC., TO MINORS. No. 328 (Senate Bill No. 213). An Act to provide that any person, firm or corporation who shall sell, give or otherwise make available any dynamite cap or other like device to a minor shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person, firm or corporation who shall sell, give or otherwise make available any dynamite cap or other like device to a minor shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. Crime. Section 2. In addition to the punishment provided in section 1, the license or permit of any person, firm or corporation convicted of violating the provisions of this Act to engage in the business of dealing in or to sell explosives shall automatically stand revoked and shall be null and void. Revocation of license. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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OLD AGE ASSISTANCE ACT AMENDED. Code 99-604 Amended. No. 329 ((Senate Bill No. 232). An Act to amend an Act known as The Old Age Assistance Act, approved February 26, 1937 (Ga. L. 1937, p. 311), as amended so as to provide for the exemption of the first fifty dollars ($50.00) of income in determining the amount of assistance an aged person may receive under this Act; to provide that the provisions of this Act shall become effective upon approval of the United States Department of Health, Education and Welfare and funds being made available; 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. Title 99-604 of the Georgia Code Annotated which reads as follows: Amount of Assistance. The amount of assistance which any person shall receive shall be determined by the county department with due regard to the resources and necessary expenditures of the individual and the condition existing in each case and in accordance with the rules and regulations made by the State Department, and shall be sufficient when added to all other income and support of the recipient, to provide such person with a reasonable subsistence compatible with decency and health: Provided, however, that such amount of assistance shall in no event exceed the sum of $30 per month to each recipient. (Acts 1937, pp. 311, 313), is hereby amended by striking the colon where it appears in the first sentence and substituting in lieu thereof a comma, and by adding the following words: except that in making such determination, the county department shall disregard the first fifty dollars ($50.00) of income. Said section is further amended by striking the last
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sentence of said section and substituting in lieu thereof the following: Provided, however, that such amount of assistance shall in no event exceed the maximum sum matchable under the Federal Statutes. Said section is further amended by adding a sentence at the end thereof, to read as follows: Provided further, that this Act shall become effective upon the approval of the United States Department of Health, Education and Welfare and upon the necessary funds to finance the same being made available. So that said section, as amended, shall read as follows: The amount of assistance which any person shall receive shall be determined by the county department with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case and in accordance with the rules and regulations made by the State Department and shall be sufficient when added to all other income and support of the recipient, to provide such persons with a reasonable subsistence compatible with decency and health, except that in making such determination, the county department shall disregard the first fifty dollars ($50.00) of income: Provided, however, that such amount of assistance shall in no event exceed the maximum sum matchable under the Federal Statutes. Provided further, that this Act shall become effective upon the approval of the United States Department of Health, Education, and Welfare and upon the necessary funds to finance the same being made available. Code 99-604 as amended. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958.
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PUBLIC LIVESTOCK AUCTIONS AND SALES. No. 332 (House Bill No. 767). An Act to amend an Act providing for the regulation of the sale of livestock at auction, approved March 7, 1956 (Ga. L. 1956, p. 501), so as to change the provisions as to the bonds of sales establishments; to change the provisions as to the bonds of weighers at sales establishments; to exclude livestock dealers who purchase livestock at sales establishments for cash only; 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 sale of livestock at auction, approved March 7, 1956 (Ga. L. 1956, p. 501), is hereby amended by adding at the end of section 2 the following: Provided further, however, that no person who is operating a sales establishment under the supervision of the Federal Government, who has a current bond in force in excess of the amount specified herein shall be required to furnish an additional bond. so that section 2 as so amended shall read: 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. Provided further, however, that no person who is operating a sales establishment under the supervision of the Federal government, who has a current bond in force in excess of the amount specified herein shall be required to furnish an additional bond. Bonds. Section 2. Said Act is further amended by adding at the end of section 3 the following:
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Provided further, however, the provisions of this section shall not be applicable to nor shall a bond be required of a dealer who purchases livestock at sales establishments for cash only. so that section 3 as so amended shall read: 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. Provided further, however, the provisions of this section shall not be applicable to nor shall a bond be required of a dealer who purchases livestock at sales establishments for cash only. Cash sales. Section 3. Said Act is further amended by adding at the end of section 5 the following: Provided, however, that the bond provided in section 2 herein shall be sufficient as to weighing by the person operating the sales establishment and as to those weighers employed by him specifically to perform weighing duties therein, and no additional bond shall be required. Each such weigher shall obtain a seal and upon request shall cause the seal to be impressed upon the scale ticket of the livestock weighed. so that section 5, as so amended, shall read: 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). Provided, however, that the bond provided in section 2 herein shall be sufficient as to weighing by the person operating the sales establishment and as to those weighers employed by him specifically to perform weighing duties therein, and
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no additional bond shall be required. Each such weigher shall obtain a seal and upon request shall cause the seal to be impressed upon the scale ticket of the livestock weighed. Weigher's bond. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. DAIRY MANUFACTURING PLANTS. Code 42-513 Repealed. No. 334 (House Bill No. 768). An Act to repeal Code section 42-513 relating to the licenses and fees for the manufacture of butter, ice cream, cheese, condensed milk or milk powder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 42-513, which reads: No person, firm, or corporation shall build a wholesale or retail milk plant to manufacture butter, ice cream, cheese, condensed milk or milk powder without first having applied for and obtained a license, signed by the Commissioner of Agriculture, bearing the seal of his office. Such license shall be conspicuously displayed in the place of business of the manufacturer, who shall pay the quarterly butter-fat tax in accordance with the following schedule: Creameries: Each person, firm, partnership, company, or corporation engaged in the manufacture of butter shall pay, through the office of the Commissioner of Agriculture, not later than the 15th day of January, April, July and October, five cents for each 1,000 pounds of butter
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fat purchased from producers during the three preceding calendar months. Ice Cream factories: Each person, firm, partnership, company or corporation engaged in the manufacture of ice cream shall pay, through the office of the Commissioner of Agriculture, not later than the 15th day of January, April, July and October, 50 cents for each 1,000 gallons of ice cream manufactured during the three preceding calendar months. Cheese factories: Each person, firm, partnership, company or corporation engaged in the manufacture of cheese shall pay, through the office of the Commissioner of Agriculture, not later than the 15th day of January of each year, five cents for each 1,000 pounds or fraction thereof of butter fat purchased during the preceding year. Condenseries and milk powder plants: Each person, firm, partnership, company or corporation engaged in the manufacture of condensed milk, condensed skimmed milk, powdered milk or powdered skimmed milk, shall pay, through the office of the Commissioner of Agriculture, not later than the 15th day of January, April, July and October, five cents for each 1,000 pounds of butter fat purchased during the three preceding calendar months. Milk plants: Each person, firm, partnership, company or corporation engaged in the pasteurization of milk or the bottling of raw or pasteurized milk or the handling of whole milk for the purpose of wholesale or retail sale, shall pay, through the office of the Commissioner of Agriculture, not later than the 15th day of January, April, July and October, five cents for each 1,000 gallons of milk purchased during the three preceding calendar months. Nothing in this Chapter pertaining to the manufacture of butter shall apply to farmers or producers of milk and cream when churning milk or cream produced on
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their own farms into what shall be known as dairy, country, or farm butter, or to prohibit such producers from making cheese out of milk and cream produced on their own farms, or prevent them from selling their milk or cream to individuals, hotels, restaurants or boarding houses. is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. NOTARIES PUBLIC. No. 336 (Senate Bill No. 258). An Act concerning notaries public who are stockholders, directors, officers or employees of banks or other corporations, and to authorize such notaries public to be official witnesses to deeds, mortgages, bills of sale to secure debt, deeds to secure debt, deeds of trust, and any other written instrument executed to or by a bank or other corporation of which the notary public is a stockholder, director, officer or employee, to administer oaths to any other stockholder, director, officer, employee or agent of such bank or other corporation, to protest for non-acceptance or non-payment bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such bank or other corporation; provided, that such notaries public shall not be authorized to so act as an official witness where the notary public either individually or as a representative of such bank or other corporation is a party to such instrument, or to protest any negotiable instrument owned or held for collection by such bank or other corporation where such notary public is individually a party to such instrument; 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 the authority of the same: Section 1. It shall be lawful for any notary public who is a stockholder, director, officer or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation, or as such notary public to act and sign as official witness to the execution by any party of any written instrument executed to or by such bank or other corporation, or to administer an oath to any other stockholder, director, officer, employee or agent of such bank or other corporation, or to protest for non-acceptance or non-payment bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such bank or other corporation; provided that it shall be unlawful for any notary public to act and sign as official witness to, or to take the acknowledgment of an instrument executed by or to a bank or other corporation of which he is a stockholder, director, officer or employee where such notary is a party to such instrument either individually or as a representative of such bank or other corporation, or to protest any negotiable instrument owned or held for collection by such bank or other corporation where such notary is individually a party to such instrument. Authority. Section 2. Wherever herein used the words bank or other corporation shall include a bank or other corporation organized under the laws of this or any other State or the United States. Definitions. Wherever herein used the words written instrument, without limiting the generality of meaning of such words, shall include deeds, mortgages, bills of sale to secure debt, deeds to secure debt, deeds of trust, contracts, legal pleadings, affidavits, certificates or any other like instruments. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1958.
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PRACTICE AND PROCEDUREDIVORCE, ALIMONY AND OTHER DEFINED DOMESTIC RELATIONS CASES. Code 30-113, 81-1003, 81-1506, 81-206, 81-207, 81-207.1 Amended. No. 337 (Senate Bill No. 183). An Act to conform the procedure in divorce, alimony and other defined domestic relations cases to that prevailing in ordinary civil actions as to appearance day, return term, and trial by consent; to amend Code section 30-113, relating to judgments by default, for the aforesaid purpose; to amend section 1 of an Act approved March 28, 1935 (Ga. L. 1935, p. 481) relating to trials at the first term, as amended by Acts approved February 1, 1946 (Ga. L. 1946, pp. 761, 776) and February 13, 1956 (Ga. L. 1956, Vol. I, p. 68); so as to define the time of trial in civil cases; to amend an act ratifying rules of procedure and practice, approved February 1, 1946 (Ga. L. 1946, pp. 761, 779) so as to delete from section 24 thereof, the provision that said rules of procedure would not affect alimony or divorce cases; to amend Code sections 81-206, 81-207, and section 9 of an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 772), all relating to service by publication, so as to conform the procedure of service by publication in divorce cases to that prevailing in ordinary civil actions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 30-113, declaring that judgment by default shall not issue in divorce cases, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Section 30-113. The same rules of pleading and practice applicable to ordinary civil actions, including those
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laws relating to the appearance day and the trial or `return' term of cases, shall apply to actions for divorce, actions for alimony, actions for custody of minor children (other than habeas corpus proceedings), and actions for any combination of the foregoing; provided however, that no verdict or judgment by default shall be taken in any such case, but the allegations of the petition shall be established by evidence before the judge or jury, as the case may be. Code 30-113 amended. Section 2. 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) and an Act approved February 13, 1956 (Ga. L. 1956, Vol. I, p. 68) is hereby amended by striking section 1 of said Act of 1935, as amended (now found as Code Ann., section 81-1003), and by substituting in lieu thereof the following: Code Ann. 81-1003 amended. Section 81-1003. (a) Except where provision is otherwise specifically provided for by law, all civil cases shall be triable at the `return' or trial term, as defined in Code section 81-201, as amended (Ga. L. 1946, pp. 761, 768); provided, however, that any civil case, by consent of the parties thereto, may be tried any time after the appearance day of such case. (b) 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; provided however, that nothing in this paragraph shall authorize the trial of any divorce case by consent or otherwise until after the appearance day of such case, as provided in paragraph (a) of this section. Section 3. An Act ratifying and confirming rules of procedure and practice, approved February 1, 1946 (Ga. L. 1946, pp. 761, 779) is hereby amended by striking
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from section 24 thereof (Code Ann., Sec. 81-1506), relating to applicability of the rules prescribed by said Act, the words nor change the existing law or procedure as to alimony or divorce cases, so that said section, as so amended, shall read as follows: 81-1506. Nothing in the rules of procedure, pleading, and practice in civil actions, adopted by the Supreme Court on January 12, 1946, and now ratified and confirmed, shall repeal or affect the mode of any special statutory proceedings, such as the foreclosure of liens and mortgages, proceedings to eject tenants and intruders, claims and illegalities, mandamus, quo warranto, prohibition, habeas corpus, establishment of lost papers, petitions to the judge of the superior court at chambers, nor other special proceedings of like nature, nor the fictitious forms of pleading in ejectments. Code Ann. 81-1506 amended. Section 4. Code sections 81-206 and 81-207, relating to service by publication in divorce cases, as amended by section 7 and 8 of an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 770-772), are hereby amended by striking same and substituting in lieu thereof a new section 81-207, as follows: Code 81-206, and 81-207 amended. 81-207. In all actions for divorce where the defendant shall reside out of this State, and it shall be necessary to perfect service upon such defendant by publication, such service shall be perfected as provided in sections 9 and 10 of an Act confirming rules of procedure and pleading, approved February 1, 1946 (Ga. L. 1946, pp. 761-772-3), as amended herein, both of said sections relating to service by publication in all cases. Section 5. Section 9 of said Act above referred to (Code Ann., section 81-207.1) is hereby amended by striking from the first line of the first sentence the words other than actions for divorce, so that said section, when so amended, shall read as follows: 81-207.1. In all cases where service by publication is permitted under the laws and where the defendant or
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other party shall reside out of this State, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least seven days apart. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within 60 days of the date of the order for service by publication and shall bear teste in the name of the judge, and shall be signed by the clerk of said court. The date upon which the non-resident is called upon to appear shall be the appearance day of the case. Code Ann. 81-207.1 amended. Section 6. This Act shall become effective on July 1, 1958, and actions instituted prior to said date shall not be affected thereby. Effective date. Section 7. All laws and parts of law in conflict with this Act are hereby repealed. Approved March 25, 1958. JUDGES OF SUPERIOR COURTS EMERITUS. No. 338 (House Bill No. 835). An Act to amend an Act creating the office of judge of the superior courts emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 493), so as to provide that such judges emeritus shall be authorized to serve in the superior courts as may be
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provided by law; to repeal the provisions for additional compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of judge of the superior courts emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 493), is hereby amended by adding a new sentence immediately preceding the last sentence of section 5 as follows: Such judges are also authorized to serve in the superior courts as may be otherwise provided by law., so that when so amended, section 5 shall read as follows: Section 5. That all persons appointed as judge of the superior courts, emeritus, shall hold such office for life; provided, however, that such judges of the superior courts, emeritus, are prohibited from practicing as attorneys, proctors, or solicitors in any court of the United States. The Governor may call upon such judges to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Such judges are also authorized to serve in the superior courts as may be otherwise provided by law. The Governor may also call upon justices emeritus of the Georgia Supreme Court and of the Georgia Court of Appeals to serve as judges of the superior courts of this State when the regular judge is for any reason unable to serve, and said justices emeritus are also authorized to serve in the superior courts as judges of said courts. Service in superior courts. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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OCONEEE JUDICIAL CIRCUITSALARY OF SOLICITOR GENERAL. No. 339 (House Bill No. 884). An Act to amend an Act placing the solicitor general of the Oconee Judicial Circuit on a salary basis, approved March 18, 1933 (Ga. L. 1933, p. 815), as amended by an Act approved February 7, 1950 (Ga. L. 1950, p. 84), so as to change the compensation of the solicitor general; to delete payment on Treutlen County to the solicitor general of the Oconee Judicial Circuit; 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 placing the solicitor general of the Oconee Judicial Circuit on a salary basis, approved March 18, 1933 (Ga. L. 1933, p. 815), as amended by an Act approved February 7, 1950 (Ga. L. 1950, p. 84), is hereby amended by striking from section 2 the figures $5,400.00 wherever they appear and inserting in lieu thereof the figures 4,920, and by striking therefrom the words Treutlen County shall pay the sum of $480.00 per annum., so that section 2 as so amended shall read: Section 2. The salary of the solicitor-general of the Oconee Judicial Circuit shall be the sum of $4,920.00 per annum; which said salary herein fixed shall be paid out of the general treasury of the several counties of said circuit in the amounts as follows: Salary. Pulaski County shall pay the sum of $900.00 per annum. Bleckley County shall pay the sum of $780.00 per annum. Dodge County shall pay the sum of $900.00 per annum. Telfair County shall pay the sum of $900.00 per annum. Wheeler County shall pay the sum of $600.00 per annum. Montgomery County shall pay the sum of $720.00 per annum. And it shall be the duty of the ordinary, county commissioner
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or other authority having control of county matters in each of said counties to cause the part or portion of said salary so assessed against each of said counties to be paid the solicitor-general in twelve equal monthly installments in each year out of the funds of said counties, that is to say on the first of each month and upon regular county warrants issued therefor; and it is further made the duty of said ordinary, county commissioner or other authorities having control of county matters to make provision annually to pay said salary and said sums of money at the same time and in the same manner as the expenses of the superior courts are provided, and said salary is to be included by the county authorities in the sum fixed as expenses of the superior courts, in order to pay the part or portion of salary chargeable against their respective county as herein set forth; and the power to levy taxes, if necessary for such purpose, is hereby delegated to said counties. Said salary of $4,920.00 shall be in full payment for the services of said solicitor-general, for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistance engaged or employed by him, except as provided in section 5 of this Act. Section 2. The provisions of this Act shall become effective only upon the approval of an Act providing for the transfer of the County of Treutlen from the Oconee Judicial Circuit to the Dublin Judicial Circuit. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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STATE BOARD OF HEALTH1946 ACT AMENDED. No. 340 (Senate Bill No. 293). An Act to amend an Act authorizing the State Board of Health to make and promulgate reasonable rules and regulations for the protection of the health and lives of inmates and patients of hospitals, approved February 1, 1946 (Ga. L. 1946, p. 34), so as to authorize the State Board of Health to make and promulgate rules and regulations for the protection of the health and lives of inmates and patients of sanatoria, infirmaries, maternity homes, nursing homes, homes for the aged, and other institutions; to provide for the application and procurance of a permit to operate such institutions; to provide for an appeal from the refusal to grant or revocation of a permit to operate a hospital or such other institutions by the State Board of Health; to change the compensation of members of the Hospital Advisory Committee; to strike certain provisions relating to the State Board of Health handling funds granted by the Federal Government; to strike provisions relating to the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the State Board of Health to make and promulgate reasonable rules and regulations for the protection of the health and lives of inmates and patients of hospitals, approved February 1, 1946 (Ga. L. 1946, p. 34), is hereby amended by striking therefrom section 1 in its entirety and by substituting in lieu thereof a new section 1 to read as follows: Section 1. In addition to the powers and duties now vested in and imposed upon the State Board of Health by existing laws, the said Board shall have power and authority to make and promulgate reasonable rules and regulations for the protection of the health and lives of inmates and patients of hospitals, sanatoria, infirmaries, maternity homes, nursing homes, homes for the aged,
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and other institutions where persons are received for treatment, examination, maternity care, or nursing or personal care in this State, except that such authority shall not include the offices of physicians or others practicing the healing art unless more than one bed is provided in such offices for overnight care of patients. The Board after consulting with an advisory committee appointed as provided in section 2 of this Act shall adopt and promulgate all such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of said inmates and patients and shall prescribe and set out the kind and quality of building, equipment and facilities which every such institution in this State shall have and use in order to properly care for its inmates and patients. The State Board of Health may classify or grade the hospitals, sanatoria, infirmaries, maternity homes, nursing homes, homes for the aged, and other institutions where persons are received for treatment, examination, maternity care, nursing or personal care in this State, and make and promulgate rules and regulations that apply to such institutions according to the type of service rendered in the institution. Rules. Section 2. Said Act is further amended by inserting between the word hospital and the word committee in the first line of the second paragraph of section 2 of said Act the word advisory, and by striking the figure $10 and substituting in lieu thereof the figure $20, so that the second paragraph of section 2 of said Act as amended hereby shall read as follows: The Hospital Advisory Committee shall meet at the call of the chairman or at the request of five of its members. No meeting shall be called without timely written notice being given the members either by mail or by wire of the date set for the meeting. Seven members of the committee shall constitute a quorum for the transaction of any and all business. All members shall be paid all expenses incurred in carrying out the functions and duties of the committee, and all members except those employed by the State of Georgia shall receive $20.00 per day for each day they are engaged in their duties
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as committeemen. The per diem and expenses above contemplated shall be paid from the appropriations made and to be made for the State Department of Public Health, or from such other funds as the chairman of the Budget Commission shall direct. Hospital Advisory Committee. Section 3. Said Act is further amended by striking therefrom section 3 in its entirety and by substituting in lieu thereof a new section 3 to read as follows: Section 3. All persons operating or desiring to operate any hospital, sanatorium, infirmary, maternity home, nursing home, home for the aged, or similar institution shall file an application for and obtain a permit to operate the same on a form to be supplied by the State Board of Health, and no hospital, sanatorium, infirmary, maternity home, nursing home, home for the aged, or similar institution shall be operated in Georgia without a permit issued by the State Board of Health. Such permit shall at all times be prominently displayed in a conspicuous place in the building. Permits. The State Board of Health may refuse to grant a permit as provided for above to any applicant who does not possess the reasonable minimum requirements which the Board may prescribe. The Board may revoke any such permit in the event such operator violates any of the reasonable rules and regulations of the State Board of Health, or ceases or fails to have the reasonable facilities prescribed by the Board, or violates any of the penal laws of the State. Provided, however, that before any order is entered denying an application for a permit or revoking one previously granted, the applicant or permit holder shall be notified in writing of the proposed action and the reasons therefor and shall be afforded an opportunity to appear in person or by attorney at a stated time and place, then and there to give such testimony and offer such evidence as he may desire on the issues in question. Said notice shall be by registered mail and shall be given not less than 10 nor more than 20 days before the date of such hearing.
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All such permits issued for the operation of the institutions above mentioned shall be renewed annually. Section 4. Said Act is further amended by striking therefrom section 5 in its entirety. 5 of 1946 Act repealed. Section 5. Said Act is further amended by striking therefrom section 9 in its entirety. 9 of 1946 Act repealed. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. DUBLIN JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 341 (House Bill No. 883). An Act to amend an Act placing the solicitor-general of the Dublin Judicial Circuit on a salary basis, approved March 15, 1935 (Ga. L. 1935, p. 856), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1582), so as to change the compensation of the solicitor-general; to provide the sum that the County of Treutlen shall pay as a part of such compensation; 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 placing the solicitor-general of the Dublin Judicial Circuit on a salary basis, approved March 15, 1935 (Ga. L. 1935, p. 856), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1582), is hereby amended by striking from section 2 the words and figures forty-eight hundred ($4800.00) dollars, wherever they appear and inserting in lieu thereof the words and figures five thousand two hundred eighty ($5,280.00) dollars, and by inserting after
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the paragraph relating to Twiggs County the words and figures Treutlen County shall pay four hundred eighty ($480.00) dollars per annum., so that section 2 as so amended shall read: Section 2. The salary of the solicitor-general of the Dublin Judicial Circuit shall be the sum of five thousand two hundred eighty ($5,280.00) dollars per annum, in addition to the sum of two hundred fifty ($250.00) dollars per annum, prescribed in Paragraph I Section 12 of Article 6 of the Constitution of the State of Georgia; and in addition to said sums the solicitor-general shall collect and receive from the State all fees allowed by law to solicitor-generals of this State for appearances in Supreme Court and Court of Appeals of the State. The salary herein fixed shall be paid out of the general treasuries of the counties of said circuit, in the same amounts as follows to wit: Johnson County shall pay nine hundred ($900.00) dollars per annum. Laurens County shall pay twenty-seven hundred ($2700.00) dollars per annum. Twiggs County shall pay twelve hundred ($1200.00) dollars per annum. Treutlen County shall pay four hundred eighty ($480.00) dollars per annum. And it shall be the duty of the ordinary, county commissioners, or other authorities having control of county matters in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid the solicitor-general, in twelve equal monthly installments, in each year, out of the funds of said counties, that is to say on the first of each month, and upon regular county warrants issued thereof; and it is further made the duty of said ordinary, county commissioners, or other authorities having control of county matters to make provision annually to pay said salary
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and said sums of money at the same time and in the same manner as the expenses of the superior courts are provided, and said salary is to be included by the county authorities in the sum fixed as expense of the superior court, in order to pay the part or portion of salary chargeable against the irrespective counties as herein set forth and the power to levy tax if necessary for such purposes is hereby delegated to said counties, said salary of five thousand two hundred eighty ($5,280.00) dollars per annum and the constitutional salary of two hundred fifty ($250.00) dollars per annum together with all fees earned in the Supreme Court and the Court of Appeals shall be in full payment of the services of said solicitor-general for clerical aid engaged or employed by him, it being the duty of each county however, if it may be done without depriving county officers, to furnish suitable offices for the solicitor-general. Section 2. The provisions of this Act shall become effective only upon transfer of the County of Treutlen from the Oconee Judicial Circuit to the Dublin Judicial Circuit. Effective, when. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. COUNTY MANAGER FORM OF GOVERNMENT Code 23-924 Amended. No. 344 (Senate Bill No. 225). An Act to amend Code section 23-924 relating to the operation of the county manager form of government, so as to change the requirement from a majority vote of the qualified voters of the county to a majority vote of the qualified voters voting on whether the law shall become operative or be suspended or terminated in
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the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 23-924 relating to the operation of the county manager form of government, is hereby amended by striking the words of the qualified voters of the county wherever they appear and inserting in lieu thereof the words of the qualified voters of the county voting thereon, so that Code section 23-924, as so amended, shall read: Section 23-924. This law shall be a general law to provide a uniform county commissioner's law for all such counties as may require a commission form of county government composed of a board of county commissioners of roads and revenues for such county, with a county manager as the chief executive officer thereof, to be known as the county manager form of government, and shall not prevent any county from having a county commissioner's form of county government by local Act as now provided by law, provided such local Act shall not provide a county manager form of government for such county; and this law shall not go into effect in any county except upon a majority vote of the qualified voters of the county voting thereon, and the operation of this law in any county adopting the same shall be suspended and terminated in like manner upon a majority vote of the qualified voters of the county voting thereon; and upon the suspension of the operation of this law in any county, the local Act of force in such county shall automatically be revived and shall have full force and effect in such county, as if its operation had not been suspended in such county by the adoption of this law by such county: Provided, however, that the members of the board of commissioners of such county in office under the provisions of this Chapter at the time of the suspension of the operation of this Chapter in such county, shall hold office and act as the commissioners of such county under the provisions of such local Act of such county until the expiration of their respective terms of
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office under the provisions of this Chapter, and until their successors shall be elected and qualified under the provisions of such Act for such county: Provided, further, that the operation of this Chapter in any county shall not be suspended and terminated by any election held within two full years after this law shall be put into effect in such county. If the ordinary of the county shall be in charge of the affairs of such county at the time of the adoption of this law in such county, the ordinary shall take charge of the affairs of such county upon the suspension of the operation of this Chapter in such county, as now provided by law for counties having no county commissioners. Election by majority of those voting. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDED. No. 346 (Senate Bill No. 191). An Act to amend an Act approved February 25, 1949 (Ga. L. 1949, pp. 1404 et seq.) and known as the Minimum Foundation Program of Education Act, as amended, more particularly as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 380), by amending section 9 of said Act, relating to minimum salaries for school bus drivers, as amended, so as to provide that all drivers of school buses, whether of joint, private or county ownership, shall be treated equally with regard to the minimum salary for the tenth month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 9 of the Minimum Foundation Program of Education Act approved February 25, 1949 (Ga.
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L. 1949, pp. 1404 et seq.), as amended, more particularly as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 380) be and the same is hereby amended by striking from the last two lines of the fifth unnumbered paragraph of section 9 of said Act, as amended, relating to minimum salaries for school bus drivers, the phrase which reads: provided that no driver shall receive less than $100.00 for the tenth month., and substituting in lieu thereof a period followed by a sentence which reads: Provided, further however, that no driver of either joint, private or county owned school buses shall receive less than $100.00 for the tenth month., so that the fifth unnumbered paragraph of section 9 of said Act when amended shall read: School bus drivers. The State Board of Education shall annually fix a schedule of minimum salaries which shall be paid to the drivers of school buses in all counties of the State. Said schedule of minimum salaries shall apply to drivers of all types of ownership, joint, private or county. This schedule of minimum salaries shall be determined annually and shall not be less than $100.00 per month for ten (10) months. This salary schedule shall be uniform for all bus drivers of a 24 passenger bus and over, and shall be considered separate and apart from the expenses in purchasing, maintaining and operating the vehicle itself. The said minimum salary schedule shall not apply to the drivers of cars and other vehicle of less capacity than a 24 passenger bus. County school authorities shall not pay to any bus operator in its employment operating a 24 passenger bus or over, a salary less than the minimum salary prescribed by the State Board of Education as provided above. County school authorities may supplement the salaries of any of its bus operators. Notwithstanding any of the provisions of this Act to the contrary, that upon the passage and approval of this Act, all school bus drivers employed by county boards of education to drive school buses shall continue to receive as a minimum, the salary paid during the 1956-57 school year or a salary of $100.00 per month for ten (10) months whichever is greater; and all contract school bus drivers, joint ownership or otherwise, shall continue to receive
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as a minimum salary the amount paid during the 1956-57 school year. Provided, further however, that no driver of either joint, private or county owned school buses shall receive less than $100.00 for the tenth month. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. ORDINARIESRETURN OF MARRIAGE LICENSES TO PARTIES AFTER LICENSES ARE RECORDED. No. 348 (House Bill No.863). An Act to authorize the ordinary of each county to return a marriage license with the return thereon when the same shall have been recorded as provided by law; to authorize the return of marriage licenses with the returns thereon recorded prior to the approval of this Act; to specify the party or parties to whom such license shall be returned; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The ordinary of each county shall return to the parties to a marriage the license and the return thereon when the same shall have been recorded as provided by law. The provisions of this section shall be applicable to all marriage licenses and the returns thereon recorded subsequent to the approval of this Act. Section 2. The ordinary of each county is hereby authorized, as to marriage licenses with the returns thereon recorded prior to the approval of this Act, upon request of either of the parties thereto, to return such license to the parties to the marriage if the marriage is not dissolved and the parties are not living in a state of separation, or to the surviving party to the marriage,
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or if the parties are divorced to the party first requesting same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. INSURANCECOMMISSIONS ON SALES MADE BY NON-RESIDENT AGENTS. No. 353 (House Bill No. 829). An Act to amend an Act defining and regulating the business of representing insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties, approved March 7, 1956 (Ga. L. 1956, p. 505), as amended, so as to change the provision relative to the commission of resident agents countersigning insurance contracts produced by non-resident agents on risks or property located in this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act defining and regulating the business of representing insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by individual sureties, approved March 7, 1956 (Ga. L. 1956, p. 505), as amended, is hereby amended by striking from section 17 the words, 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 less, and by substituting in lieu thereof the words, receive for his services in effectuating said contract, fifty percent
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(50%) of the non-resident producer's commission, so that section 17, as amended hereby, shall read as follows: 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 if a non-resident agent, solicitor or broker participates in the effectuation of such contract, such resident agent shall receive for his services in effectuating said contract, fifty percent (50%) of the non-resident producer's commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. PRIVATE FUNDS FOR ENFORCEMENT OF PENAL LAWS. No. 353 (House Bill No. 702). An Act to prohibit appointed or elected state officials from collecting private funds for the enforcement of the penal laws of the State of Georgia or any of the regulations issued pursuant to law, except as authorized by law; to provide for the receipt and deposit with the State Treasurer of funds voluntarily contributed, to provide for the punishment for violation of this Act, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. It shall be unlawful for any elected or appointed officer or employee of the State of Georgia to collect from any private person, firm or corporation funds
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for the enforcement of the penal laws or regulations of the State of Georgia except as specifically authorized by law. Section 2. Any person, firm or corporation who may desire to make such contributions for the purpose of enforcing the penal laws or regulations of the State of Georgia shall make all such contributions to the State Treasurer, who shall deposit same to a special account and issue his receipt therefor. Section 3. All such funds shall be kept separate and apart from any other deposits made with the State Treasurer and shall be subject to disbursements only upon authority of the Budget Bureau. The records kept of all such disbursements shall be public records. Section 4. Any person convicted of violating any provision of this Act in a court of competent jurisdiction shall be punished as provided in section 27-2506, Code of Georgia, Annotated, which section provides for the punishment of misdemeanors. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958. REAL ESTATE COMMISSION. Code 84-1424 Amended. No. 354 (Senate Bill No. 222). An Act to amend Chapter 84-14 of the Code of Georgia, as amended, relating to real estate brokers and salesmen, so as to authorize the use of injunctions by the Real Estate Commission; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. Chapter 84-14 of the Code of Georgia, as amended, relating to real estate brokers and salesmen, is hereby amended by adding a new section at the end thereof to be known as section 84-1424 to read as follows: Section 84-1424. Whenever it shall appear to the Georgia Real Estate Commission that any person, firm, company, partnership, association, or corporation is, or has been violating any of the provisions of this Chapter or any of the lawful rules, regulations, or orders of the commission, the commission may on its own motion, or on the written complaint of any person, file a petition for injunction in the name of the commission in the proper superior court of this State against any such person, firm, company, partnership, association, or corporation, for the purpose of enjoining any such violation. It shall not be necessary that the commission allege or prove that it has no adequate remedy at law. The right of injunction provided for in this section shall be in addition to any other legal remedy which the commission has, and shall be in addition to any right of criminal prosecution provided by law. Use of injunctions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. GARNISHMENTEXEMPT WAGES. Code 46-208 Amended. No. 355 (Senate Bill No. 187). An Act to amend section 46-208 of the Code of Georgia, 1933, relating to the exemption of daily, weekly or monthly wages from the process and liabilities of
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garnishment, so as to provide additional exemption of daily, weekly or monthly wages from the process and liabilities of garnishment, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 46-208 of the Code of Georgia, 1933, which provides: 46-208. Exemption of wages; amount. All persons shall be exempt from the process and liabilities of garnishment on $1.25 per day of their daily, weekly or monthly wages and on 50 per cent. of the excess thereof, whether in the hands of their employers or others. All wages above the exemption herein provided for shall be subject to garnishment. is deleted and the following new section to be numbered 46-208 is substituted therefor: 46-208. Exemption of wages; amount. All persons shall be exempt from the process and liabilities of garnishment on $3.00 per day of their daily, weekly or monthly wages and on 50 per cent. of the excess thereof, whether in the hands of their employers or others. All wages above the exemption herein provided for shall be subject to garnishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. TAXATIONCIGARS, CIGARETTES, ETC. No. 356 (Senate Bill No. 227). An Act to amend an Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies, approved February 8, 1955 (Ga. L. 1955, p. 268), as amended by an Act approved June 24, 1955 (Ga. L.
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1955, Ex. Ord. Sess., p. 48), so as to provide that each such tax stamp or other indication of the payment of the tax shall show the amount of tax paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies, approved February 8, 1955 (Ga. L. 1955, p. 268), as amended by an Act approved June 24, 1955 (Ga. L. 1955, Ex. Ord. Sess., p. 48), is hereby amended by inserting a new section to be numbered section 3-A, to read: Section 3-A. Any other provision of this Act to the contrary notwithstanding, each stamp or other indication of the payment of the tax imposed by this Act shall show the amount of tax that has been paid. Such indication shall show the amount of tax that has been paid in figures and shall be clearly and plainly imprinted on the container. Amount to be shown on container. Section 2. The effective date of this Act shall be July 1, 1958. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. GEORGIA RECREATION COMMISSION. No. 359 (Senate Bill No. 248). To be entitled an Act to create a Georgia Recreation Commission; to provide for the members of the commission, their appointments, qualification, and term of office; to provide for the powers and duties of the commission; to provide an executive director of said commission; to provide for the powers and duties of the commission
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and the executive director; to define the terms used in this Act; to authorize the Budget Bureau to make funds available to the commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, commission shall mean the Georgia Recreation Commission created hereby; and director shall mean the executive director of the Georgia Recreation Commission. Commission. Section 2. There is hereby created the Georgia Recreation Commission which shall consist of ten (10) citizens of the State who shall hold no other State or county office. The members of the commission shall be appointed by the Governor, one from each Congressional District of the State. For initial terms, two members shall be appointed for a term of one (1) year, two members for a term of two (2) years, two members for a term of three (3) years, two members for a term of four (4) years, and two members for a term of five (5) years. Thereafter, all appointments shall be for a term of four (4) years. The members of the commission shall be eligible to be reappointed. The Governor shall designate one appointee as temporary chairman until such time as the commission shall perfect its own organization. The commission shall elect a permanent chairman and such other officers as it shall deem necessary. The terms of office of such officers shall be for one (1) year. The members of the commission shall serve without compensation, but shall be entitled to reimbursement for actual travel and maintenance expenses incurred in the performance of their duties. Six (6) members of the commission shall constitute a quorum for the transaction of any business. The commission shall meet quarterly in January, April, July and October, on a date to be fixed by the chairman. The commission may be convened at such other times as the Governor or chairman may deem necessary. Created. Section 3. It shall be the duty of the commission:
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(a) To formulate in cooperation with other State agencies, interested organizations, and citizens a comprehensive recreation policy for the State of Georgia: (b) To study and appraise recreational needs of the State and to assemble and disseminate information relative to recreation: (c) To cooperate in the promotion and organization of local recreational systems or programs for cities, counties, towns, school districts, and other areas of the State, and upon request to advise them in the planning of recreation areas and facilities and to consult with them in the planning and financing of recreational programs; Duties. (d) To aid in recruiting, educating, and placing recreational workers and in promoting of recreational institutes and conferences; (e) To help establish and promote recreation standards; (f) To cooperate with State and Federal agencies, commercial and industrial recreational interest, voluntary agencies, and other agencies interested in the promotion of recreational opportunities; (g) To submit an annual report of activities and recommendations to the Governor and to the General Assembly; (h) To do such other things as are necessary and proper to effectuate the purposes of this Act. Section 4. The commission shall have the following powers: Powers. (a) To make rules and regulations for the proper administration of its duties; (b) To administer all funds available for the commission;
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(c) To accept any grant of funds made by the United States or any agency thereof for the purposes of carrying out any of its functions; (d) To accept gifts, bequests, devises, and endowments to be used for carrying out the purposes of this Act; (e) To create such advisory committees as in the opinion of the commission may be deemed necessary; (f) To act either independently or jointly with any State department, commission, board, or institution in order to carry out the commission's powers and duties; (g) To assist upon request any department, commission, board, agency, or officer of the State in rendering recreational services in conformity with their respective authorized powers and duties and to encourage and assist in the coordination of Federal, State, and local recreation facilities; (h) To request from the various State Departments and other agencies and authorities of the State and its political subdivisions and their agencies and authorities, such available information as it may require in its work and all these agencies and authorities are requested within a reasonable time to furnish such requested available information to the commission; (i) To make recommendations as to the operation of recreation facilities; (j) To employ an executive director who shall be technically qualified for the duties of his position and with adequate experience in the field of recreation and upon his recommendation to employ such other qualified personnel as may be needed to carry out the provisions of this Act. The executive director shall act as secretary to the commission and shall be paid such salary as the commission may from time to time fix; provided that such salary shall not exceed $7200.00 per annum; Executive director.
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(k) To do all other things necessary and proper to perform the duties of the commission to effectuate the purposes of this Act. Section 5. The Budget Bureau is hereby authorized to transfer sufficient funds to the commission to effectuate the purposes of this Act, until such time as there shall have been provision made in the General Appropriation Act for the commission. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 360 (House Bill No. 708). An Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, 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 January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), and an Act approved February 28, 1956 (Ga. L. 1956, p. 280), so as to change the composition and compensation of the board; to change the refund percentage; to clarify definitions; to change the amount of payments into the fund by members thereof; to provide that active members of the fund must make payments for a certain minimum period of time; to change the dates by which persons must join; to provide for payments to the fund; to provide for the payment into the fund by persons who have ceased to become peace officers;
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to clarify the provisions relative to disability; to provide for refunds to designated beneficiaries; to change the time limitation on requesting a leave of absence; to provide an effective date; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, 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 January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), and an Act approved February 28, 1956 (Ga. L. 1956, p. 280), 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 Commissioners of the Peace Officers' Annuity and Benefit Fund of Georgia. Said board shall be composed of six members, as follows: The Governor, The Attorney General, the Comptroller General, the President of the Peace Officers' Association of Georgia, Inc., and two members of the Peace Officers' Association of Georgia, Inc., to be elected by such association. The member of the association who takes office April 1, 1958, and future successors to such member, shall not be of the same peace officer group as the president of the association or the other member of the board elected by the association. The members elected by the association shall take office on the first day of January immediately succeeding their election and shall serve for a term of two years. Such members shall be elected so that they shall have
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staggered terms and one such member shall be elected each year. The three members of the board from the association shall each receive the amount of $25.00 for each meeting of the board or committee thereof, and all board members shall be reimbursed for their actual expenses in attending meetings of the board. Members of Board. Section 2. Said Act, as amended, is further amended by striking from section 5, the figure 75% and inserting in lieu thereof the figure 95%, so that when so amended, section 5 shall 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 been a legally qualified member of this fund, as is provided for in this Act, to provide for refund to such member of 95% 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
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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 upon appeal to said board by any person affected by a decision made by the secretary-treasurer. Contributions, refunds, hearings, etc. Section 3. Said Act, as amended, 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
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job as such peace officer. For the purposes of this Act, any deputy sheriff employed as such by any sheriff of this State sahll be deemed to be employed by the county wherein such sheriff serves. 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, 1958, 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 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 defined. Section 4. Said Act, as amended, 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
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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, prior service, etc. All present member 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, 1958. 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, 1958 must make application for membership in the fund on or before October 1, 1958, 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, 1958 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, 1958 and who is 45 years of age or older shall never be eligible
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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 $7.00 per month, not later than the 10th day of the month, for that month. Any person desiring to receive credit for creditable service after March 1, 1951, and who has not paid therefor shall pay therefor at the rate of $7.00 per month. Any other provisions of this Act to the contrary notwithstanding, any peace officer who is presently an active paying member of the fund, or any peace officer who in the future becomes an active paying member of the fund, shall be required to pay into the fund the regular monthly amount for a minimum period of 20 years before being eligible to receive the retirement benefits provided in this Act, except that if such a peace officer is otherwise eligible to retire under the terms of this Act and so desires, he may retire and the board shall deduct such monthly amount from his retirement until he has paid into the fund for such 20 year period. Section 5. Said Act, as amended, is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. In all criminal and quasi-criminal cases for violating State statutes or municipal ordinances tried in any court or tribunal in this State wherein a fine, which shall be construed to include costs, is collected, 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, a sum based upon the scale set out hereinafter 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. Such sums shall be paid upon the following scale: Contributions from fines, etc.
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For any fine or bond forfeiture of more than $4.00, but not more than $25.00$2.00. For any fine or bond forfeiture of more than $25.00, but not more than $50.00$3.00. For any fine or bond forfeiture of more than $50.00, but not more than $100.00$4.00. For any fine or bond forfeiture of more than $100.00$5.00. The sum provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. It is hereby made 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 any representative of the board by direction of the board. Sums remitted to the secretary-treasurer under this section shall be used as provided for elsewhere in this Act. Section 6. Said Act, as amended, 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
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soon thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia. Provided, however, that any member of the fund who has twenty (20) years of creditable service but who has not reached the age of 55, may cease employment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 55, shall be entitled to receive a monthly sum of one hundred ($100.00) dollars. Any member of the fund who has twenty-five (25) years of creditable service but who has not reached the age of 60, may cease employment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 60, shall be entitled to receive a monthly sum of one hundred twenty-five ($125.00) dollars. Nothing contained herein shall affect the provisions of this Act requiring payment into the fund for a minimum period of 20 years. 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 7. Said Act, as amended, 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 disabled as a result of an injury received in line of duty, and being unable to perform his duties thereafter, and after having served the number of years as provided hereinafter
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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: Same. For service of less than 1 year, $10.00 per month. 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 8. Said Act, as amended, is further amended by adding a new section, to be known as section 13A, to read as follows: Section 13A. In the event any active paying member of the fund, or any person who is receiving benefits from the fund, dies and the benefits which such member or person, together with the benefits received by such member's or person's designated beneficiary, do not total an amount equal to the amount paid into the fund by such member or such person, such member's or person's designated beneficiary shall be paid the amount necessary to make such total, less 5%. Refunds to beneficiaries. Section 9. Said Act, as amended, is further amended by striking from section 23, the word and figure thirty (30) and inserting in lieu thereof the word and figure ninety (90), so that when so amended, section 23 shall read as follows:
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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, etc. 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 ninety (90) 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 10. The provisions of this Act shall become effective at 12:01 o'clock a.m. April 1, 1958. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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ALAPAHA JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR GENERAL. No. 361 (House Bill No. 772). An Act to amend an Act abolishing the fee system in the superior courts of the Alapaha Judicial Circuit, approved March 10, 1933 (Ga. L. 1933, p. 801), so as to change the compensation paid to the solicitor general; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system in the superior courts of the Alapaha Judicial Circuit, approved March 10, 1933 (Ga. L. 1933, p. 801), is hereby amended by striking from section 2 the figure $3,000.00 wherever it appears and by substituting in lieu thereof the figure $4,200.00, so that said section as amended hereby shall read as follows: Section 2. The salary of the solicitor-general of the said Alapaha Judicial Circuit shall be the sum of $4,200.00 per annum in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of this State, which said salary of $4,200.00 per annum shall be paid pro rata out of the general treasuries or depositories of the various counties composing said circuit upon the basis of taxable values; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its total values of taxable property bear to the total values of taxable property of all of the counties of the circuit, as shown by the official records of the Comptroller-General of this State, the taxable values of each year being used as a basis for calculation of the proportion of said salary that each county must pay the ensuing year. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authorities having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general
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monthly, on the first of each month, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Section 2. Said Act is further amended by striking from section 5 the figure $3,000.00 and by substituting in lieu thereof the figure $4,200.00, so that said section as amended hereby shall read as follows: Section 5. Said salary of $4,200.00 and the constitutional salary hereinbefore referred to shall be in full payment for all services of said solicitor-general, and he shall be entitled to no other funds or fees except as provided by section 6 of this Act. Said solicitor-general shall pay all of his traveling expenses and all expenses incurred by him in the preparation for trial of cases, and shall pay for all stenographic service and clerical aid employed by him. The said counties of the Alapaha Judicial Circuit shall not be liable for any of the items of expenses aforesaid. The solicitor-general shall not be required to pay for the services of attorneys working with the grand jury while the solicitor-general is otherwise employed in the court. Such services of the other attorneys shall be paid for out of the county treasuries upon an approved order from the presiding judge. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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WILLS, FILING BY PERSONS STILL IN LIFEFEES OF ORDINARIES. Code 24-1804, 24-1716 Amended. No. 362 (Senate Bill No. 226). An Act to amend Code section 24-1804, relating to the duties of the clerk of ordinary or the ordinary acting as such, and Code section 24-1716, relating to the fees of ordinaries, as amended by an Act approved February 13, 1950 (Ga. L. 1950, p. 140), so as to provide for the keeping of facilities to file wills of persons still in life; to provide for the filing of such wills; to provide a fee therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-1804, relating to the duties of the clerk of ordinary or the ordinary acting as such, is hereby amended by adding to the end of said section a new paragraph, to be numbered paragraph 12, and to read: 12. To Keep and Maintain Facilities for the Filing of Wills of Persons Still in Life: Any person having made a will may file it in the office of the ordinary of the county of his residence, and the ordinary shall maintain a docket in which he shall register the said will, the date on which deposited in his office, and the date of withdrawal of said will by the person making the same, or other person as the case may be, if the same be withdrawn. Such files shall be confidential and no person other than the person depositing the same or his legal representative, or his attorney in fact, shall have access to said file prior to the death of the person making and depositing said will. The docket maintained by the ordinary shall be public as are other dockets in such office. Nothing in this paragraph shall be construed so as to prohibit any person from revoking such will by the execution
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of a subsequent will or to change the ambulatory nature of the will of any person. Section 2. Code section 24-1716, relating to fees of ordinaries, as amended by an Act approved February 13, 1950, (Ga. L. 1950, p. 140), is hereby amended, by adding to the end of said section the following: For receiving, filing and keeping on file the will, or authenticated copy of will, of person still in life....$1.00. Fees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. DUTIES OF ORDINARIES WHERE NO ADMINISTRATION OF ESTATES NECESSARY. No. 363 (House Bill No. 783). An Act to provide procedure by which heirs at law of a deceased owner of real or personal property located in this State, who dies intestate, and upon whose estate no proceedings for permanent administration have been instituted, may apply for and obtain from the court of ordinary an order finding that no administration or no permanent administration, as the case may be, on the estate of the deceased owner is necessary; to provide for inquiry and determination by the ordinary into the existence or non-existence of debts of the deceased owner; to provide for determination by the ordinary of the ages, identities and capacities of heirs at law of such deceased owner; to provide for the granting of an order by the court of ordinary finding that no administration or no permanent administration, as the case may be, of such estate is necessary; to provide for the issuance and publication of appropriate citation; to provide that the title to real or personal property thereafter sold or encumbered by the
Page 356
heirs at law of such deceased owner to a purchaser or lender acting in good faith in reliance upon such order shall be discharged from the claims, debts and rights of creditors of such deceased owner, except such claims, liens, judgments, security deeds, mortgages or encumbrances as have been duly recorded, or filed for record, in the manner required by law so as to constitute notice thereof; to provide that liens for taxes and liens arising from the giving or signing of the bond of a public official shall not be adversely affected by such an order or finding; to provide for fees for ordinary; to provide for specific repeal; to ratify and confirm actions taken under previous laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When any person owning real or personal property located in this State has died intestate, and no permanent administration in this State has been had upon the estate, any heir at law of such deceased owner may file a petition in the court of ordinary of the county of the residence of the deceased owner, if such deceased was a resident of this State, or in the county in which such property is located if the deceased was not a resident of this State, praying for an order that no administration or no permanent administration, as the case may be, is necessary. The petition shall be sworn to, shall show the names, ages and places of residence of all of the heirs at law of such deceased owner, the amounts and description of the real and personal property in this State owned by the deceased owner, that the estate of the decedent owes no debts and that the heirs at law have agreed upon a division of the estate amicably among themselves. Provided, however, that property subject to an outstanding security deed, although such indebtedness is a charge against the estate, may be subject to like administration if the holder of the security deed consents or is served and makes no objection thereto, or in instances where there are known debts and all of the known creditors join in a written consent to the order. Procedure.
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Section 2. Upon the filing of such petition, the ordinary shall issue citation, which shall be published in the official gazette of his county once a week for four weeks, requiring all creditors of said estate, if any, and all other interested persons to show cause why an order should not be entered finding that no administration or no permanent administration, as the case may be, of the estate is necessary. Citation. Section 3. If any creditor whether debt is due or not files objections in writing to the granting of such order, the ordinary shall refuse to grant an order finding that no administration or no permanent administration, as the case may be, is necessary. Same, objections. Section 4. In the event no creditor files written objections to the granting of such order, it shall be the duty of the ordinary to ascertain who are the heirs at law of such deceased owner and whether they are all of age and suffering under no disability, and to determine whether the estate of the decedent owes any debts. If the ordinary finds that all of the heirs at law are sui juris and that the estate of the decedent owes no debts, it shall then be the duty of the court of ordinary to enter an order in said proceedings finding that no administration or no permanent administration, as the case may be, of said estate is necessary. Same, no objections. Section 5. Real or personal property thereafter sold or encumbered by the heirs at law of such deceased owner, to a purchaser or lender who acts in good faith in reliance upon such order, shall be discharged from all claims, debts and rights of creditors of such deceased owner, except such claims, liens, judgments, security, deeds, mortgages or encumbrances as have been duly recorded, or filed for record, in the manner required by law, so as to constitute notice thereof at the time of any such sale or encumbrance by the heirs at law. Liability of heirs at law. Section 6. Nothing in this Act shall be deemed to apply to or adversely affect liens for taxes or liens arising from the giving or signing of the bond of a public official. Taxes, etc.
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Section 7. After the granting of an order by the ordinary in such cases that no administration or no permanent administration, as the case may be, is necessary, by reason of the fact that the deceased owed no debts at time of his death other than described in this act, and it shall thereafter appear that there are debts unsecured and unsatisfied and it shall further appear that the heirs at law have received the proceeds of said estate, such creditor or creditors shall have a right of action on said debts unsatisfied against such heirs at law to the extent of value of property received by such heirs at law. Liability of heirs. Section 8. For receiving the application docketing and filing the same, granting order for citation to be published, granting the order and recording the proceedings, the ordinary shall be entitled to the same fees which are allowed for similar acts in the administration proceedings, and the cost of publication of citation. Fees. Section 9. An Act providing the procedure relative to no administration of estate, approved March 6, 1945 (Ga. L. 1945, p. 167), is hereby repealed in its entirety, but all actions and proceedings taken under said Act are hereby ratified, confirmed, and made legal and binding. 1945 Act repealed. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. REGISTERED PROFESSIONAL ENGINEERS AND LAND SURVEYORS. No. 365 (Senate Bill No. 268). An Act to amend an Act relating to the regulation of Registered Professional Engineers and Land Surveyors, approved March 8, 1945 (Ga. L. 1945, p. 294), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), so as to authorize the Board of Registration
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of such engineers and surveyors to fix the date and time of examinations; to change the fees for renewal certificates; 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 Registered Professional Engineers and Land Surveyors, approved March 8, 1945 (Ga. L. 1945, p. 294), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), is hereby amended by striking the last paragraph of section 24 in its entirety and inserting in lieu thereof a new last paragraph to read as follows: At least two regularly scheduled examinations shall be held annually on such dates and at such times as the board shall determine. The date and time of each such examination shall be determined by the board at least sixty days prior to the date thereof. Upon determining such date and time, the Board shall immediately give notice thereof by filing such date and time with the Joint Secretary of the State Examining Boards. Examinations. Section 2. Said Act, as amended, is further amended by striking section 28 in its entirety and inserting in lieu thereof a new section 28 to read as follows: 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 five ($5.00) dollars. The failure on the part of any registrant to renew his certificate upon expiration in the month of December when notified, as required hereinbefore, shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of the certificate, if not paid by March 1, shall be the regular renewal fee plus an additional fee of five ($5.00) dollars. Renewal of Certificates of Registration. Should a registered professional engineer or land surveyor who has not been engaged in the practice of his
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profession, fail and refuse to renew or validate his certificate for a period of five years, in order for such person to renew his certificate he shall file application therefor, and submit himself to such examination as may be determined by the board and shall pay therefor the sum of fifteen ($15.00) dollars. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. WORKMEN'S COMPENSATION ACT AMENDED. Code 114-406 Amended. No. 366 (House Bill No. 782). An Act to amend Code section 114-406, relating to compensation for injuries, as amended, particularly by an Act approved February 21, 1955, (Ga. L. 1955, p. 210), so as to provide for compensation for the complete loss of hearing in one ear; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-406, relating to compensation for injuries, as amended, particularly by an Act approved February 21, 1955 (Ga. L. 1955, p. 210), is hereby amended by adding a new sub-paragraph as follows: (r) Complete loss of hearing in one ear, 60 per centum of the average weekly wages during 50 weeks. Loss of hearing. Section 2. Said Act, as amended, is further amended by changing the present sub-paragraph (r) to (s).
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. LAWS OF DESCENT AND DISTRIBUTIONPROCEDURE TO DETERMINE HEIRS AT LAW. No. 367 (Senate Bill No. 37). An Act to provide for an adjudication of the identity of persons entitled to take property under the laws of descent and distribution of this State, to determine the quantity of interest of such persons; to confer jurisdiction on the courts of ordinary and superior court in such matter; to indicate the person or persons by whom such a proceeding may be brought; to prescribe certain requisite averments in the petition; to provide for the method of service of such a proceeding; to provide for the citation or process and service of process where the petition discloses an apprehension that unknown parties at interest may exist; to provide for intervention by persons not named as heirs in the proceeding; to provide that the findings of the court shall be res adjudicata and to what extent; to provide that upon a finding the party charged with distribution may pay over to the distributees named in the finding their shares as indicated therein and the distributor and the sureties on his bonds shall thereupon be exonerated and acquitted to the extent of said distribution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever any question arises under the laws of descent and distribution of this State as to who is entitled to take as heirs at law, or as to the quantity of interest heirs at law are entitled to take, such question may be resolved judicially upon application to the court of ordinary which has jurisdiction by virtue of a pending
Page 362
administration, or which would have jurisdiction in the event of an administration of the estate in process of distribution; or such application may be filed in the superior court of the county wherein the court of ordinary having jurisdiction as herein defined is located. The proceedings for the determination of such questions shall conform to the requirements hereinafter set forth. Heirs at law, determination. Section 2. Any executor, administrator, guardian, conservator, committee, trustee, fiduciary, or other person by whatever name called, having a status which by operation of law or written instrument devolves upon him a duty of distributing property to those entitled to it under the laws of descent and distribution, may file a petition for determination of heirship as provided in the preceding section. The petition shall allege the names, addresses, ages and relationships, so far as known to petitioner, of all parties at interest (except creditors) and the nature and character of such interests, designating those who are minors or otherwise incompetent and whether or not the incompetents are under legal guardianship in this State. The petition shall further allege whether or not the petitioner has reason to apprehend that there may be others who are entitled to participate in the distribution whose names are unknown to him. The petition in every case herein provided for shall be verified by the affidavit of petitioner. Petition. Section 3. In a similar manner, any person who deems himself to be an heir at law or in any wise interested as a distributee in any property under the laws of descent and distribution may apply to either of the tribunals mentioned in section 1 to have his claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties at interest required of persons filing petitions under section 2 hereof, the person charged with the duty of distribution being named as a party, and the petition being verified under the oath of the petitioner. Same. Section 4. Upon the filing of a petition in the superior court, service on the parties at interest shall be effected
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in the same manner as is now, or may hereafter be, prescribed in equity cases, and the cause shall thereafter proceed to judgment in the usual manner provided for equity cases by the rules of practice in said court. Service of process. Section 5. Upon the filing of a petition in the court of ordinary, a citation shall be issued calling upon all parties at interest to show cause on a day certain (not less than 30 days thereafter) why the court should not proceed to an adjudication of the issues set forth in the petion. Residents of Georgia shall be served with a copy of the petition and citation. All others shall be served by publishing once a week for four weeks a copy of the citation in the newspaper in which sheriff's sales are advertised for the county where the petition is filed, and a copy of the newspaper containing the insertion, or a copy of the petition and citation, shall be mailed to each non-resident party by registered mail at least 15 days prior to the time set for the hearing. After service is effected the court shall appoint a guardian ad litem for minors and those under disabilities. On the day appointed the court shall have a hearing and proceed to determination of all issues involved. The judgment shall be a finding as to who are the heirs at law or distributees entitled to participate in the division of the estate and in what shares or quantity of interest each is entitled to participate. Citation, guardian ad litem, etc. Section 6. In the event the petition discloses an apprehension on the part of the petitioner that there may exist unknown heirs or parties at interest, then the superior court process in addition to naming all parties at interest, or the citation of the court of ordinary, shall be directed to all and singular any other person or persons whom it may concern, and the process, if the proceeding is pending in the superior court, or citation, if the proceeding is pending in the court of ordinary, shall be published once a week for four weeks by inserting a copy in the newspaper in which the sheriff's advertisements for the county where the petition is filed are published. Citation or process issued under this section shall be in lieu of other citation or process in this Act provided for, but nothing herein contained shall obviate the necessity for service
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on all known persons as provided in section 5. Unknown persons at interest, if any, or persons whose address or residence is unknown, shall be deemed to have been served by publication under the provisions of this section. Failure to appear by such unknown persons shall authorize the finding that there are no unknown heirs. Same. Section 7. Any person deeming himself to be an heir at law or in any wise interested as a distributee and who is not named as such in any petition filed and pending under the provisions of this Act may file an intervention verified under his oath, setting up his or her claim to the right of participation, which intervention shall allege the facts showing the basis of his or her claim. Claims. Section 8. In the absence of fraud, the findings of the superior court or the court of ordinary shall be res adjudicata as to every issue decided therein as to any proceeding thereafter brought in any court. After the time for appeal has passed the person charged with the distribution of the property shall deliver the property to those entitled in such shares and quantities as the judgment may specify. Upon such delivery of distributive shares such person and the sureties on his bond, if any, shall be held to be released, exonerated and acquitted to the extent of said distribution. Findings conclusive. Section 9. All laws and parts of laws in conflict with thsi Act are hereby repealed. Approved March 25, 1958. WORKMEN'S COMPENSATION ACTOFFICE OF DEPUTY DIRECTOR EMERITUS CREATED. No. 371 (Senate Bill No. 257). An Act to amend an Act repealing an Act providing for the retirement of members of the Industrial Board, approved March 24, 1939 (Ga. L. 1939, p. 330) and
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creating the office of Director Emeritus of the State Board of Workmen's Compensation, approved March 7, 1957 (Ga. L. 1957, Vol. I, p. 215) so as to provide for the office Deputy Director Emeritus; to define the qualifications, compensation and duties of said office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing an Act providing for the retirement of members of the Industrial Board, approved March 24, 1939 (Ga. L. 1939, p. 330) and creating the office of Director Emeritus of the State Board of Workmen's Compensation, approved March 7, 1957 (Ga. L. 1957 Vol. I, p. 215) is hereby amended by adding after section 2 thereof, relating to creation of the office of director emeritus, a new section to be known as section 2A to read as follows: Section 2A. There is hereby created the office of deputy director emeritus of the State Board of Workmen's Compensation. Any deputy director of the board now or hereafter in office as such shall be eligible, provided he has attained the age of seventy years or over, for appointment as deputy director emeritus of the board who has attained twenty (20) years of service in the capacity of deputy director, or who has attained twenty years of total service, aggregating his service as deputy director with any years of prior service as director, member of the General Assembly of Georgia, Georgia National Guard, or as special assistant attorney general, or any combination of services in these offices, shall be eligible for appointment by the Governor in the same manner as provided for appointment of a director emeritus under this Act. Such deputy director emeritus shall exercise the same duties as provided in this Act for a director emeritus. All persons appointed to the office of deputy director emeritus of the State Board of Workmen's Compensation as provided in this section (2A) shall receive an annual salary equal to one-third of the annual salary paid such person, as by law provided, at the time
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of this appointment hereunder, said salary to be paid by the State Board of Workmen's Compensation in semi-monthly installments from funds provided by law for the operation of said board. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958. GEORGIA COMMISSION ON ALCOHOLISM. No. 372 (Senate Bill No. 255). An Act to amend an Act creating the Georgia Commission on Alcoholism, approved February 21, 1951 (Ga. L. 1951, p. 806), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 403), so as to change the per diem of the members of the commission; to provide that no travel expenses shall be paid without prior approval of a majority vote of the members of the commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Commission on Alcoholism, approved February 21, 1951 (Ga. L. 1951, p. 806), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 403), is hereby amended by striking from section 5, the words and figure ten dollars ($10.00) and inserting in lieu thereof the words and figure twenty dollars ($20.00), and by striking the last two sentences and inserting in lieu thereof the following: For such travel, the members of the commission shall receive the same per diem and expenses as they receive for their attendance at meetings, but no such per diem or expenses shall be paid unless such travel shall have been
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previously approved by a majority vote of the members of the entire commission. Per diem of members, travel expenses. so that when so amended, Section 5 shall read as follows: Section 5. Meeting of the Commission and per diem pay. The commission shall meet quarterly and at such other times as may be necessary for the performance of their duties, not to exceed twenty-four (24) days in all in any one year. The members shall receive twenty dollars ($20.00) per diem plus their actual and necessary expenses in connection with their attendance at such meetings. Commission meetings may be held at the site of any of the commission's facilities or at the State Capitol, as the commission may desire. Four members of the commission shall constitute a quorum for the transaction of business. In addition to the meetings herein authorized, the members of the commission are hereby authorized to visit places within this State, or in other states, and engage in travel for the purpose of carrying out their duties as provided in this Act. For such travel, the members of the commission shall receive the same per diem and expenses as they receive for their attendance at meetings, but no such per diem or expenses shall be paid unless such travel shall have been previously approved by a majority vote of the members of the entire commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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GRIFFIN JUDICIAL CIRCUITOFFICIAL COURT REPORTER. No. 373 (House Bill No. 873). An Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, approved February 12, 1952 (Ga. L. 1952, p. 107), so as to change such salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official court reporter of the Griffin Judicial Circuit, approved February 12, 1952 (Ga. L. 1952, p. 107), is hereby amended by striking from section 2, the figure $300.00 and inserting in lieu thereof the figure $400.00, so that when so amended, section 2 shall read as follows: Section 2. That from and after the passage of this Act, the official court reporter of the Griffin Judicial Circuit shall be paid a salary of $400.00 per month, in lieu of all compensation in criminal cases provided in Code section 24-3104. Each of the counties comprising said circuit shall pay monthly such part or portion of said salary as its population bears to the total population of all the counties of said circuit, according to the latest official Federal census; provided that the payment of said salary may be enforced by the judge of the circuit out of court fees, costs and funds, if the county is delinquent in the payment of same. The authorities of each of said counties are authorized to levy and collect a tax to defray its part of such salary, which shall be paid in addition to the compensation of the reporter in civil cases, provided in Code section 24-3103. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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LIVESTOCK AND POULTRY DISEASE CONTROL BOARD. No. 374 (House Bill No. 775). An Act to amend an Act creating a Livestock and Poultry Disease Control Board, approved February 23, 1956 (Ga. L. 1956, p. 247), so as to clarify the provision for the compensation of the members of the board; to clarify the membership of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Livestock and Poultry Disease Control Board, approved February 23, 1956 (Ga. L. 1956, p. 247), is hereby amended by striking section 1 in its entirety and in lieu thereof inserting the following: 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 Veterinary Medical Association; the president, or someone designated by the president, of the Georgia Poultry Federation; the president of the Georgia Milk Producers Association; the president of the Georgia 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. Each member of the Board, except the chairman,
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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 $240.00 per annum. The chairman shall serve without compensation. Members, compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. TAXATIONAUTHORITY TO COUNTIES TO LEVY A TAX FOR SCHOOL LUNCH PURPOSES. Code 92-3701 Amended. No. 375 (House Bill No. 789). An Act to amend Code section 92-3701, as amended, relating to the purposes for which counties may levy taxes, so as to authorize counties to levy a tax for school lunch purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3701, as amended, relating to the purposes for which counties may levy taxes, is hereby amended by striking subparagraph 3 in its entirety and inserting in lieu thereof a new paragraph 3, to read as follows: 3. For educational purposes, including school lunch purposes, upon property located outside of independent school systems, as provided in Article VIII of the Constitution of Georgia, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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FOOD SERVICE ESTABLISHMENTS ADVISORY COUNCIL. No. 376 (House Bill No.823). An Act to provide for the maintenance of standards of sanitation for food service establishments; to provide for the issuance, denial, suspension and revocation of permits to operate such establishments; to provide for reviews and appeals; to provide for the adoption and promulgation of rules and regulations necessary to carry out the purpose and intent of this Act; to create a Food Service Establishments Advisory Council to advise with and make recommendations to the Board; to provide for per diem and travel expenses for such Council; to provide for enforcement of this Act; to provide injunctive powers; to provide a penalty for operating a food service establishment without a permit; to authorize the State Board of Health to delegate to the Director of the Department of Public Health the authority to perform any and all acts necessary to the administration of the provisions of this Act except the adoption and promulgation of rules, regulations and standards as specifically provided for herein; to provide that County Boards of Health act as agents of the State Board of Health; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. (a) Food Service Establishments. The term Food Service Establishment shall mean and include establishments for the preparation and/or serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term shall include but shall not be limited to restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunch rooms, places manufacturing, wholeasaling or retailing sandwiches or salads; soda fountains, institutions, both public and private, food carts, itinerant restaurants, industrial cafeterias, catering establishments,
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food vending machines and operations connected therewith, and similar facilities by whatever name called, together with equipment, supplies, and methods used therein or in connection therewith. The term Food Service Establishment shall not include any meat, poultry or dairy processing plant licensed under an Act approved March 9, 1956 (Ga. L. 1956, p. 748), nor to any establishment licensed under an Act approved March 9, 1956 (Ga. L. 1956, p. 611), relating to soft drink bottlers, nor to any establishment licensed under an Act approved March 31, 1937 (Ga. L. 1937, p. 725), relating to milk and cream brokers. (b) Person or persons. The term person or persons shall mean any individual, firm, partnership, corporation, trustee or association, or combination thereof. Section 2. Permit required. Six months after the effective date of this Act, it shall be unlawful for any person to operate a Food Service Establishment within the meaning of the term as used herein who does not possess a valid permit from the State Board of Health or County Board of Health acting as agent of the State Board of Health. Such permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location. Section 3. Permits. The State Board of Health or County Boards of Health acting as agents of the State Board of Health, shall have the power and authority to issue permits to operate Food Service Establishments and to suspend or revoke such permits in accordance with the rules and regulations adopted and promulgated as herein provided; provided, however, that when, in the judgment of the State Board of Health or the County Board of Health acting as agent of the State Board of Health, it is necessary and proper that such application for a permit be denied or that the permit previously granted be suspended or revoked, the applicant or holder of such permit shall be notified thereof in writing by the Board or its duly authorized representative denying, suspending, or revoking said permit and shall be afforded
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an opportunity to be heard as to the reasons, if any there be, why such action should not be taken. In the event that such application is finally denied, suspended or revoked, the applicant or holder of the permit shall be notified in writing by the Board or its duly authorized representative specifically stating any and all reasons why the application has been denied or the permit has been suspended or revoked. Section 4. Powers and duties of the State and County Boards of Health. For the purpose of protecting the public health, the State Board of Health shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this Act, including the establishment of reasonable standards of sanitation for Food Service Establishments and the examination and condemnation of unwholesome food therein; provided, however, that such standards adopted shall not be higher than the standards recommended by the U. S. Department of Health, Education and Welfare, Public Health Service, in their publication entitled Ordinance and Code Regulating Eating and Drinking Establishments. County Boards of Health are empowered to adopt and promulgate rules and regulations, including the establishment of reasonable standards of sanitation for Food Service Establishments which are not higher than those adopted and promulgated by the State Board of Health. Section 5. Delegation of authority by State Board of Health. The State Board of Health is hereby empowered to delegate to the Director of the Department of Public Health the authority to perform any and all acts necessary for the administration of the provisions of this Act except the adoption and promulgation of rules, regulations and standards specifically provided for herein. Section 6. There shall be established a Food Service Establishment Advisory Council, the members of which shall be appointed by the Governor. The Council shall advise the State Board of Health relative to rules and regulations to be adopted and promulgated by the State
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Board of Health. The Council shall consist of five members, two of which shall be the operators of food service establishments having their principal food service establishment located in a county having a population of less than 20,000, according to the U. S. Census of 1950 or any subsequent census; one member who is the operator of a food service establishment having his principal food service establishment located in a county have a population of 20,000 or more but less than 50,000, according to the U. S. Census of 1950 or any subsequent census; and two members who shall be the operators of food service establishments having their principal food service establishment located in a county having a population of 50,000 or more according to the U. S. Census of 1950 or any subsequent census. When the appointments are first made, two members shall be appointed for a term of one year; one member shall be appointed for a term of two years, one member shall be appointed for a term of three years; and one member shall be appointed for a term of four years. After the expiration of the first appointments all appointments shall be made for a term of four years. Vacancies in the membership of said Council shall be filled in the same manner as the original appointments. The Council shall select one of its members to serve as chairman and one member to serve as vice-chairman. The Council shall meet at the call of the Director of the Georgia Department of Public Health at such times as he may deem necessary and proper or as may be requested in writing by three members of such Council at a time and place to be fixed by the Director of the Georgia Department of Public Health; provided, however, that such time shall be within ten days following the receipt of such request. The members of the Council shall receive twenty dollars ($20.00) per day for each day they are engaged in duties as members of the Council in lieu of personal expenses incurred thereby and shall receive mileage at the rate provided by law to and from the place of meeting by the nearest practical route from their respective homes. All such expenses shall be paid from funds appropriated to the Department of Public Health. Council established, members etc.
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Section 7. Enforcement. The State Board of Health and the County Boards of Health acting as duly authorized agents of the State Board of Health, are hereby empowered to enforce compliance with the provisions of this Act and rules, regulations and standards adopted and promulgated hereunder and their duly authorized representatives are empowered to enter upon and inspect the premises of any Food Service Establishment at any reasonable time and in a reasonable manner. Section 8. Review. Any applicant or holder of a permit who shall be aggrieved by any order of the County Board of Health acting as an agent of the State Board of Health, denying, suspending or revoking any such permit may petition the State Board of Health twenty days following the date of such order denying, suspending, or revoking such permit, for a review of the action complained of; provided, however, the enforcement of the order appealed from shall not be stayed until and unless so ordered by the State Board of Health. Upon such petition being filed, the State Board of Health shall review the findings of fact, conclusions of law and any and all orders issued by the County Board of Health. Upon such review the State Board of Health shall issue such orders as it deems just and proper in writing and such orders shall be final unless appeal is taken to the Superior Court hereinafter provided. Section 9. Appeal. Any applicant or holder of a permit who shall be aggrieved by any order of the State Board of Health denying any such application or suspending or revoking such permit may appeal to the Superior Court of the county in which the Ford Service Establishment in question is located for a judicial review of such action within thirty days from the date of notice of the order appealed from; provided, however, that the enforcement of the order appealed from shall not be stayed until and unless so ordered and directed by the reviewing court. Section 10. Injunction. Whenever, in the judgment of the State Board of Health or the County Board of
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Health, or the duly authorized representative of the State or County Board of Health, any person has engaged in any act or practice which constitutes or will constitute a violation of any provision of this Act and the violation of same has created a public health danger he may make application to the Superior Court of the county in which the act or practice has been in, for an order enjoining such act or practice or for an order enforcing compliance with such provision and upon a showing by the State Board of Health or the County Board of Health or the duly authorized representative of the State or County Board of Health that such person has engaged in any such act or practice, a permanent or temporary injunction, restraining order, or other order, shall be granted without the necessity of showing lack of adequate remedy at law. Section 11. Misdemeanor. The violation of any provision of this Act or any rule and regulation adopted and promulgated hereunder by the State Board of Health or by a County Board of Health shall constitute a misdemeanor, and, upon conviction thereof, shall be punishable therefor as provided by law. Section 12. Nothing contained in this Act shall be construed to amend or repeal any provision of an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 475), or an Act known as The Georgia Food Act approved February 23, 1956 (Ga. L. 1956, p. 195) or an Act approved February 16, 1938, Ga. L. 1937-38 Extra Sess., p. 332 as amended, relating to fish and other seafoods (Ga. Code Ann. Chapter 42-11). Intent. Section 13. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall be and remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The legislature hereby declares that it
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would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. Section 14. This Act shall become effective July 1, 1958. Effective date. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. GUARDIAN TO ACT AS ADMINISTRATOR OF ESTATE OF WARD IN CERTAIN CASES. Code 49-316 Amended. No. 377 (House Bill No. 846). An Act to amend Code section 49-316, relating to the guardian acting as administrator of the estate of his ward, so as to strike certain provisions limiting this authority to guardians of wards who die intestate pending their minority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-316, relating to the guardian acting as administrator of the estate of his ward, is hereby amended by striking therefrom the words pending his minority, so that said section, as amended hereby, shall read: 49-316. When a ward shall die intestate, the guardian shall proceed to distribute his estate in the same manner as if he had been appointed administrator upon such estate, and the sureties on his bond shall be responsible for his faithful administration and distribution of such estate.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. YEAR'S SUPPORTBARRED BY MARRIAGE OF MINOR BEFORE APPLICATION FILED. No. 378 (House Bill No. 850). An Act to amend an Act approved March 9, 1955 (Ga. L. 1955, p. 638), relating to the right of a minor to a year's support, so as to provide that the marriage of a minor prior to the filing of an application for a year's support shall bar the right of such minor to a year's support; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 9, 1955 (Ga. L. 1955, p. 638), relating to the right of a minor to a year's support, is hereby amended by inserting in section 1 between the words barred by the and the words death of, the words marriage or, so that section 1, as so amended, shall read: Section 1. The right of a minor to a year's support from the estate of a deceased parent shall be barred by the marriage or death of said minor or by said minor's attaining the age of 21 years, prior to the filing of the application for such year's support. 1955 Act amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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JUDGMENTS AS LIENS ON REAL ESTATEHOW PERFECTED. No. 379 (Senate Bill No. 215). An Act to provide that no judgment, decree or order of any superior court, county court, city court, justice court, municipal court, or any U. S. court shall in any way affect the title to real property until said judgment, decree or order is recorded in the office of the clerk of the superior court and indexed in the real estate records as herein defined; to provide the effective date of this Act; to provide that the provisions of this Act shall be in addition to all other recordings now required by law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No judgment, decree or order of any superior court, county court, city court, justice court, municipal court or any United States Court in this State shall in any way affect the title to real property until said judgment, decree or order is recorded in the office of the clerk of the superior court of the county in which such real property is located and an index to such recording is entered in an index to one or more of the real estate records in the office of such clerk. Section 2. For the purpose of this Act, the term real estate records shall include deed books, lis pendens dockets, Federal Tax Lien Docket, and attachment dockets. Section 3. For the purpose of this Act, a general execution shall not be construed as being a judgment, decree or order. Section 4. The recording and indexing required by this Act shall be in addition to and supplemental to all other recording of judgments, decrees and orders now required by law.
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Section 5. This Act shall only apply to judgments, decrees or orders rendered after the adoption of this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. DEPARTMENT OF LABORPOSTING OF HELP WANTED ADS FROM OUT-OF-STATE PAPERS. No. 380 (House Bill No. 857). An Act to amend an Act providing for the establishment of a Department of Labor, approved March 25, 1937 (Ga. L. 1937, p. 230), as amended, so as to provide for the posting of Help Wanted advertisements from certain editions of certain out-of-State newspapers in the State employment agencies throughout Georgia; to provide the Commissioner of Labor with the duty of assisting applicants for employment to find positions in other states when none are available in Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the establishment of a Department of Labor, approved March 25, 1937 (Ga. L. 1937, p. 230), as amended, is hereby amended by adding a subsection to section 9 to be numbered subsection (h) to read: (h) To post or have posted at his discretion in a conspicuous place in all State employment agencies throughout the State, the Help Wanted advertisements from the Sunday editions of the two (2) newspapers with the largest circulation in each of the cities of Detroit, Michigan; Chicago, Illinois; St. Louis, Missouri, New
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York, New York; Pittsburgh, Pennsylvania; Baltimore, Maryland; Washington, D. C.; Los Angeles, California and San Francisco, California, so that persons making application for employment through such agencies, but are unable to find employment in this State, may see what employment is available elsewhere. It shall be the further duty of the Commissioner of Labor to assist in any way possible any person making application for employment to find a position in some other state if employment is not available in Georgia for such person. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. SECRETARY OF STATEAUTHORITY TO DESIGNATE EMPLOYEES TO ACCEPT SERVICE. No. 382 (House Bill No. 862). An Act to authorize the Secretary of State to designate employees to accept service; to repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Secretary of State is hereby authorized and empowered to designate such of his employees as he deems necessary for the purpose of accepting service under any statute providing for service on the Secretary of State. Such designation shall be in writing and all acts relative to such service by any such person so designated shall be as valid and binding as though performed by the Secretary of State himself. The power and authority of any such person so designated shall cease immediately upon such person's ceasing to be an employee of the Secretary of State.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. STATE GAME AND FISH COMMISSION. No. 384 (Senate Bill No. 275). An Act to amend an Act entitled an Act to completely and exhaustively revise, supersede and consolidate the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483) as amended, by repealing sections 105 and 106 of said Act relating to the manner of taking oysters from the waters of this State, so that said Act when so amended will prohibit dredging of oysters from waters at mean low tide; to limit the weight of dredges to be used to one hundred fifty (150) pounds, requiring a permit to dredge, requiring a bond of five thousand ($5,000) dollars for the faithful compliance of the permitee with all laws and regulations relating to oysters, and giving the Commission authority to close areas from dredging; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act entitled an Act to completely and exhaustively revise, supersede and consolidate the laws relating to the State Game and Fish Commission, to game and fish and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483) as amended, be and the same is hereby amended by striking sections 105 and 106 of said Act in their entirety. Section 2. In lieu of section 105, and to be known as section 105 of said Act, the following is hereby enacted; Section 105. No person shall prick, tong, dredge,
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scoop, rake, drag, or in any other manner take or catch oysters from any of the waters of this State other than during the yearly, daily and monthly periods as prescribed by the commission, except for the purpose of replanting the same in the waters of this State, except as herein provided. In addition to the authority to set the seasons for taking oysters in the waters of this State hereinabove provided, the commission is hereby vested with authority to close any area from the taking of oysters by the use of a dredge or dredges at any time when, within their discretion, they deem that such closing of the waters would be to the best interest of the conservation and propagation of oysters. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Taking of oysters. Section 3. In lieu of section 106 of said Act and to be known as section 106, the following is hereby enacted: Section 106. Any person who shall take or catch any oysters in any of the waters of this State with or by a scoop, rake, drag, or dredge, or by the use of any other instrument than the oyster tongs heretofore in general use for the taking of oysters, at mean low tide, or who shall use a dredge other than one not exceeding the weight of one hundred fifty (150) pounds, and of conventional drag or rake type that is towed on the end of a chain, rope or cable and collects its catch in a bag, shall be guilty of a misdemeanor and punished as provided by law. Same. Section 4. A new section to be known as section 106(a) to said Act is hereby enacted and shall read as follows: Section 106(a). No person shall engage in the taking of oysters by the use of a dredge as hereinabove provided, in the waters of this State unless such person first secures a permit to be issued by the commission, for which he shall pay a fee of one ($1.00) dollar, and shall execute a bond payable to the Governor of Georgia in the amount of five thousand ($5,000) dollars, conditioned
Page 384
upon the faithful compliance by such person with all the laws, rules and regulations relating to the taking of oysters. Upon conviction, plea of guilty, plea of nolo contendere, or forfeiture of appearance bond by any person bonded under this section for any offense under the laws, rules or regulations relating to the taking of oysters, the bond required by this section shall be forfeited. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Same, bonds, permits. Section 5. A new section to said Act to be known as section 106(b) is hereby enacted and shall read as follows: Section 106(b). The provisions of this Act pertaining to the taking of oysters shall not prevent the State Game and Fish Commission from making and promulgating rules and regulations not in conflict with the provisions of this Act, which rules and regulations when so promulgated and adopted shall have the same effect as law as if the same were incorporated in this Act, and any person violating said rules and regulations, when so adopted, and the provisions pertaining thereto in section 15(a) of this Act have been complied with, shall be guilty of a misdemeanor and punished as provided by law. Same, rules. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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JURISDICTION OF DIVORCE ACTIONS. Code 30-107 Amended. No. 385 (House Bill No. 877). An Act to amend Code section 30-107 pertaining to the residence of a petitioner for divorce, as amended, by an Act approved March 24, 1939 (Ga. L. 1939, p. 203) and an Act approved February 17, 1950 (Ga. L. 1950, p. 429), so as to provide that a non-resident may maintain a suit for divorce in the county of residence of the defendant against any person who shall have been a resident of Georgia and the county in which suit is brought for a period of six (6) months prior to the filing of such suit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 30-107 pertaining to the residence of a petitioner for divorce, as amended, by an Act approved March 24, 1939 (Ga. L. 1939, p. 203) and an Act approved February 17, 1950 (Ga. L. 1950, p. 429) is amended by inserting at the end thereof the words, provided, further, that a non-resident of Georgia may bring suit for divorce in the county of residence of the defendant against any person who shall have been a resident of Georgia and the county in which suit is for a period of six (6) months prior to the filing of the application for divorce, so that said section, as amended hereby, shall read as follows: Section 30-107. No court shall grant a divorce of any character to any person who has not been a bona fide resident of the State six months before the filing of the application for divorce: Provided, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation.
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Provided, further, that a non-resident of Georgia may bring suit for divorce in the county of residence of the defendant against any person who shall have been a resident of Georgia and the county in which suit is brought for a period of six (6) months prior to the filing of the application for divorce. Code 30-107 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. ACT REGULATING AND LICENSING OF LIVESTOCK DEALERSAMENDED. No. 388 (House Bill No. 760). An Act to amend an Act regulating and licensing livestock dealers, approved February 15, 1952 (Ga. L. 1952, p. 184), so as to delete the licensing fee; to provide for such license shall remain valid and in force until and unless revoked for cause; to provide that no license shall be issued thereunder unless the applicant therefore shall be bonded as required by law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating and licensing livestock dealers, approved February 15, 1952 (Ga. L. 1952, p. 184), is hereby amended by striking section 3 in its entirety and in lieu thereof inserting the following: Section 3. No livestock barn, auction, or sales operator shall engage in or carry on such business without first having applied for and obtained a license from the Commissioner of Agriculture. No livestock dealer or broker who buys or sells through a livestock barn, auction, or sales operator shall engage in or carry on such business without first having applied for and obtained a
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license from the Commissioner of Agriculture. There shall be no fee for such license and the license shall remain valid and in force until and unless revoked. No such license shall be issued to any person unless the applicant therefor shall be bonded as required by law. Licenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. TAXATIONARBITRATION OF TAX ASSESSMENTS. Code 92-6912 Amended. No. 389 (House Bill No. 761). An Act to amend Code section 92-6912 relating to the arbitration of tax assessments, so as to provide that the third arbitrator shall be named by the judge of the superior court of the county wherein the property lies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-6912, relating to the arbitration of tax assessments, is hereby amended by striking therefrom the words he shall be named by the ordinary or county board of commissioners, as the case may be, and inserting in lieu thereof the words he shall be named by the judge of the superior court of the county where the property lies, so that Code section 92-6912, as so amended, shall read: 92-6912. If any taxpayer is dissatisfied with the action of the board, he may within 10 days from the giving of said notice in case of residents, and within 20 days in case of nonresidents of the county, give notice to the board that he demands on arbitration, giving at the same time the name of his arbitrator; the board shall name
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its arbitrator within three days thereafter and these two shall select a third, a majority of whom shall fix the assessments and the property on which said taxpayer shall pay taxes, and said decision shall be final, except as far as the same may be affected by the findings and orders of the State Revenue Commission as hereinafter provided. The said arbitrators shall be freeholders of the county and shall render their decision within 10 days from the date of the naming of the arbitrator by the board. In the event the two arbitrators provided for in this section fail to name a third within 20 days after their appointment, he shall be named by the judge of the supreior court of the county wherein the property lies. Before entering upon a hearing the arbitrators shall take an oath before the tax receiver or before the chairman of the board of local assessors, who is hereby authorized to administer oaths, that they will faithfully and impartially make a true and just assessment of the tax returns and property in question, and will determine the matters submitted to them, according to law and justice and the equity of the case. Appointment of third arbitrator. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. TIME OF PERFORMANCE OF PRIVILEGE OR DUTY. Code 102-102 Amended. No. 390 (House Bill No. 762). An Act to amend Code section 102-102 of the Code of Georgia of 1933, subsection 8 thereof, so as to provide if the last day for the exercise of any privilege or the discharge of any duty falls on Saturday or Sunday, the person affected shall have through the following Monday to exercise such privilege or discharge such duty; and for other purposes.
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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that section 102-102 of the Code of Georgia of 1933 be amended as follows: Section 1. Subsection 8 of section 102-102 of the Code of Georgia of 1933 is striken in its entirety and there shall be inserted in lieu thereof a new subsection 8, reading as follows: Subsection 8. When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted; and if the last day shall fall on Saturday or Sunday, the party having such privilege or duty, shall have through the following Monday to exercise such privilege or to discharge such duty. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958. GEORGIA ECONOMIC POISONS ACTAMENDED. No. 393 (House Bill No. 840). An Act known as the Georgia Economic Poisons Act, approved February 17, 1950 (Ga. L. 1950, p. 390), so as to authorize the Commissioner of Agriculture to require research data in the registration of an economic poison; to provide that a copy of an analysis of any economic poison made by the State chemist shall be admissible in evidence in any court of this State in any issue involving the content or merits of said poison when sworn to by the State chemist; to provide for injunction to restrain and enjoin violations 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 known as the Georgia Economic Poisons Act, approved February 17, 1950 (Ga. L. 1950, p. 390), is hereby amended by adding a new section to be numbered section 4-A, to read: Section 4-A. Any other provisions of this Act to the contrary notwithstanding, the Commissioner of Agriculture is authorized to require the submission of research data and a report of all tests made and the results thereof upon which any claim is made in connection with the registration of an economic poison under the provisions of this Act. Duty of commissioner of agriculture. Section 2. Said Act is further amended by adding a new section to be numbered section 6-A, to read: Section 6-A. A copy of an analysis of any economic poison made by the State chemist shall be admissible in evidence in any court of this State in any issue involving the content or merits of said poison when sworn to by the State chemist. Affidavit of State chemist. Section 3. Said Act is further amended by inserting a new section to be numbered section 10-A, to read: Section 10-A. In addition to the remedies provided herein 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 the cause shown to grant a temporary or permanent injunction or restraining order restraining or enjoining any person from violating or continuing to violate any of the provisions of this Act or for the failure or refusal to comply with the provisions of this Act or any rule or regulation promulgated hereunder. Such injunction shall be issued without bond, and such action may be maintained notwithstanding the pendency of any criminal prosecution for the violation of the provisions of this Act. Injunctions.
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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. STATE LITERATURE COMMISSION1953 ACT AMENDED. No. 395 (Senate Bill No. 207). An Act to amend an Act creating the State Literature Commission, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 135), so as to change the powers of the commission; to change the definition of obscene literature; to change the per diem; to provide for an executive secretary; to provide for employees; to provide for hearings and findings; to seek injunctive relief; to provide for the issuance of subpoenas; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Literature Commission, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 135) is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read: Section 1. For the purposes of this Act: (a) Literature shall mean any book, periodical, maganize, pamphlet, paper, drawing, lithograph, engraving, photograph, or picture. (b) Obscene literature shall mean any literature which if, considered as a whole, its predominant appeal is prurient interests, i. e., a shameful or morbid interest in nudity, sex, or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. Definitions.
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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: Section 3. The commission shall meet monthly and at such other times as may be necessary for the performance of their duties, not to exceed sixty (60) days in any one calendar year. Each member shall receive $20 per diem, plus any actual and necessary expenses in connection with attendance at meetings. The meetings of the commission shall be held at any place most desirable within the State of Georgia for the transaction of the business of the commission. Two members of the commission shall constitute a quorum for the transaction of business. The commission is hereby authorized to establish a central office for the conduct of its business. The commission shall elect one of its number to serve as executive secretary, who shall supervise the gathering of evidence, the conducting of such investigations as may be necessary to carry out the provisions of this Act, and supervise the employees of the commission. The executive secretary shall be compensated in an amount to be fixed by the commission not to exceed $6,000 per year. The executive secretary and the employees of the commission are hereby authorized to perform their duties on a full time basis, and shall not be restricted to the time limitation provided for hereinbefore. Provided, however, that the commission shall not expend more than thirty thousand ($30,000.00) dollars in any one year. Commission. Section 3. Said Act is further amended by striking section 5 in its entirety, and inserting in lieu thereof a new section 5 to read: Section 5. The commission shall employ such personnel as it deems necessary to assist it in conducting investigations into the sale of obscene literature, to gather evidence, to present evidence to the commission and to the solicitors general of this State, and to assist the commission in the performance of its duties. Such personnel shall serve at the pleasure of the commission, and compensation therefor shall be fixed by the commission. Employees.
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Section 4. Said Act is further amended by striking section 6 in its entirety, and inserting in lieu thereof a new section 6 to read: Section 6. (a) Where the commission, either through their investigations, hearings, or from evidence furnished to them by citizens of this State, finds any literature containing evidence of obscene material, the said commission is hereby authorized to institute an action, in its own name, as it may be deemed necessary and proper to enjoin the sale, distribution, or exhibition of said obscene literature within the State of Georgia, without regard to whether the same would constitute a nuisance under general law, and without regard to whether an adequate remedy exists at law. No petition for ex parte or temporary order shall be considered by any court without at least one day's notice to the respondent. In the event a restraining order or injunction is granted under this Act, the court shall grant the respondent a reasonable time to comply therewith. The superior courts of this State shall have jurisdiction of any such action notwithstanding any other provision of law on the subject. Actions. (b) In the event that a final order or judgment of injunction be entered in favor of the commission and against the person, firm or corporation sought to be enjoined, such final order may contain a provision directing the person, firm or corporation to surrender to the sheriff or other law enforcement agencies of the county in which the action was brought, or of the State, the said obscene literature and such sheriff or other law enforcement agency may be directed to seize and destroy the same. (c) In any action brought as herein provided the commission shall not be required to file any undertaking before the issuance of an injunction order provided for in paragraph (a) hereof. Section 5. Said Act is further amended by adding a new section to be known as section 9 to read: Section 9. The commission shall have the power in
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reference to its hearings to issue subpoenas. Upon failure of any person to respond to such subpoena, the commission shall certify the matter to the superior court as other cases of contempt made and provided by law. Powers. Section 6. Said Act is further amended by adding a new section to be known as section 10 to read: Section 10. The commission may furnish the solicitors general of this State with information, evidence and facts, regarding its hearings and procedures under this Act, and in cases where a person, firm or corporation, wilfully and knowingly sells, distributes, exhibits, or possesses, any obscene materials hereinbefore described, the commission may recommend prosecution of such person, firm or corporation under the criminal laws of this State respecting obscene literature. The grant of a restraining order or injunction against one respondent under this Act shall in no way be declared or held to be notice to any other person, firm or corporation not a party to the said injunction suit. This Act, furthermore, shall in no way limit or restrict any solicitor general from the performance of duties in prosecuting any person, firm or corporation under the criminal laws of this State respecting obscene literature. Duties. Section 7. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of this Act and the applicability of such provision to other persons or circumstances shall not be affected thereby. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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JUVENILE COURT ACT AMENDED. No. 396 (Senate Bill No. 270). An Act to amend an Act relating to juvenile courts, approved February 19, 1951 (Ga. L. 1951, p. 291) as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 527), so as to authorize a juvenile court judge to place an offender on probation and, upon violation thereof, to prescribe confinement of the offender; to provide for the modification of court orders; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to Juvenile Courts, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 527), is hereby amended by inserting a new section to be numbered section 22-A, to read: 22-A. Any other provision of this Act to the contrary notwithstanding, the court is authorized to place an offender on probation and, upon the violation of the terms of the provision by the offender, the court is authorized to order the confinement of the offender under such conditions as the court may determine to be in the best interest of the offender and the best interest of the State. The court is authorized to specify the terms of the probation and shall be subject to modification from time to time as the court may consider expedient. Probation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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DEPARTMENT OF PUBLIC SAFETYLICENSES FOR OPERATION OF MOTOR DRIVEN CYCLES. No. 397 (Senate Bill No. 188). An Act to amend an Act creating the Department of Public Safety, and providing for the issuance, suspension, and revocation of driver's licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, and particularly as amended by Act approved March 13, 1957 (Ga. L. 1957, p. 656), so as to prohibit the operating of a motor driven cycle, as defined, not to exceed 5 brake H. P. without a driver's license; to provide a license for the operation of said vehicles; to provide procedures for the suspension and revocation of such licenses; 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 providing for the issuance, suspension, and revocation of driver's licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as heretofore amended, and particularly as amended by Act approved March 13, 1957 (Ga. L. 1957, p. 656), is hereby amended by deleting subsection (6) of section 1, Article IV, which reads as follows: (6) Every person who shall operate a motor driven cycle (as defined) not to exceed 5 brake H. P. and who is over the age of fourteen (14) and not otherwise disqualified. and substituting in lieu thereof a new subsection (6) of Section 1, Article IV, which shall read as follows: (6) Every person who shall operate a motor driven cycle (as defined) by the uniform act regulating traffic on highways (Ga. L. 1953, p. 556 et. seq.) not to exceed 5 brake H. P. and who is over the age of sixteen (16) and is not otherwise disqualified. 1957 Act amended.
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Section 2. Said Act as amended is further amended by deleting section 21 of Article IV, which reads as follows: Section 21. It shall be unlawful for any person to operate any motor driven cycle (as defined) not to exceed 5 brake H. P. in this State without first obtaining a license to operate said vehicle. The Director of the Department of Public Safety shall prescribe by regulation, application forms to be used by applicants for said license, and to promulgate procedures to determine and pass upon the fitness of the applicant to receive such license. The cost of said license shall be twenty-five ($.25) cents. No license to operate a motor driven cycle (as defined) not to exceed 5 brake H. P. shall be issued to any person under the age of fourteen (14) or who is otherwise disqualified. No license shall be issued to a minor except upon affidavit of the parent or guardian showing the age of said minor and the consent of said parent or guardian for the issuance of such a license. Licenses issued under this amendement shall be subject to suspension and revocation in precisely the same manner and for the same causes, and the same authority as other driver's licenses. Any person who shall operate a motor driven cycle (as defined) not to exceed 5 brake H. P. without a license, shall, upon conviction thereof, be subject to a fine of not more than fifty ($50.00) dollars and imprisonment not to exceed (6) months. and inserting in lieu thereof a new section to article IV to be numbered 21, which shall read as follows: Section 21. It shall be unlawful for any person to operate any motor driven cycle (as defined) not to exceed 5 brake H. P. in this State without first obtaining a license to operate said vehicle. The Director of the Department of Public Safety shall prescribe by regulation,
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application forms to be used by applicants for said license, and to promulgate procedures to determine and pass upon the fitness of the applicant to receive such license. The cost of said license shall be twenty-five ($.25) cents. No license to operate a motor driven cycle (as defined) not to exceed 5 brake H. P. shall be issued to any person under the age of sixteen (16) or who is otherwise disqualified. No license shall be issued to a minor except upon affidavit of the parent or guardian showing the age of said minor and the consent of said parent or guardian for the issuance of such a license. Age of operators. Licenses issued under this amendment shall be subject to suspension and revocation in precisely the same manner and for the same causes, and the same authority as other driver's licenses. Any person who shall operate a motor driven cycle (as defined) not to exceed 5 brake H. P. without a license, shall, upon conviction thereof, be subject to a fine of not more than fifty ($50.00) dollars and imprisonment not to exceed six (6) months. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. COSTS IN DIVORCE ACTIONS. Code 24-3406 Amended. No. 398 (Senate Bill No. 214). An Act to amend Code section 24-3406 pertaining to deposit of costs required in divorce cases, as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 207) and an Act approved March 13, 1957
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(Ga. L. 1957, p. 405), so as to provide that a refund of costs may be had if the total costs incurred shall be less than fifteen ($15.00) dollars; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-3406 pertaining to deposit of costs required in divorce cases, as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 207) and an Act approved March 13, 1957 (Ga. L. 1957, p. 405) is amended by inserting following the words, If the proceeding be dismissed, the words, or if the total costs incurred in said case or proceeding is less than fifteen ($15.00) dollars, so that said section, as amended hereby, shall read as follows: 24-3406. The clerks of the superior court shall not be required to file any divorce case or proceeding until fifteen dollars, which shall include all cost deposit required including the deposit for a certificate which is sent to the Department of Health, shall have been deposited with the clerk on account of costs, which shall be divided pro rata between the clerk and sheriff, according to the duties performed by each before the deposit is exhausted. If the proceeding be dismissed or if the total costs incurred in said case or proceeding is less than fifteen ($15.00) dollars, any of the sum remaining in the hands of the clerk, after paying the clerk and sheriff, shall be repaid. Code 24-3406 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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BOARD OF LANDSCAPE ARCHITECTS. No. 399 (Senate Bill No. 300). An Act to create the Georgia Board of Landscape Architects; to provide for the appointment of members of said board and to provide their qualifications, terms, duties, and powers; to provide for the examination, licensing, and regulation of landscape architects; to provide for examination and license fees; to define terms used within the Act; to provide exceptions to the Act; to provide for rules and regulations; to authorize the board to revoke licenses; to provide for a hearing and an appeal; to authorize an injunction for the illegal practice of landscape architecture; 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. The following terms shall have the meanings respectively ascribed to them, unless the context of this Act clearly indicates otherwise: Landscape Architect means a person licensed to practice or teach landscape architecture in this State under authority of this Act by preparing and supervising the carrying out of general development and detailed design plans, studies, and specifications for the design and arrangement of land forms and non-habitable features (such as pools, walls, trellises, canopies, etc.), for public or private use and enjoyment, encompassing drainage, plantings, soil conservation, erosion control, and including but not limited to the design of public parks, subdivisions, playgrounds, cemeteries, home and school grounds, in accordance with the accepted professional standards of public health and safety. Landscape architect defined. Section 2. There is hereby created the Georgia State Board of Landscape Architects which shall consist of three (3) members, to be appointed by the Governor. These three members shall be selected from a list of not
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less than fifteen recommendations by the Georgia section of the American Society of Landscape Architects (but said recommendations may include other than members of said organization). The membership of the board shall consist at all times of residents of Georgia and each member, except the first members thereof, shall be licensed to practice landscape architecture in Georgia. The terms of the members of the board first appointed shall expire as follows: one member April 1, 1959, one member April 1, 1960, and one member April 1, 1961. All appointments thereafter shall be for four (4) year terms. A vacancy occurring prior to expiration of a term shall be filled by appointment by the Governor for the unexpired term. Created. Section 3. The members of the board shall serve without compensation but each member shall receive necessary travel and other expenses incurred in performance of duties under this Act. Compensation. Section 4. The board shall meet at least twice each calendar year for purposes of transacting regular business and may hold other meetings upon the call of the chairman. Two (2) members of the board shall constitute a quorum for the transaction of business. Meetings. Section 5. The board shall promulgate rules and regulations necessary and proper to carry out the provisions of this Act, if such rules and regulations are not inconsistent with the provisions of this Act. It shall provide for the number of applicants, time, place and notice of exams. Rules. Section 6. Notwithstanding any provisions for criminal liability, any person, on or after six months following this bill being enacted into law, who, without possessing a valid, unrevoked license as provided in this Act, uses the title or term, Landscape Architect, in any sign, card, listing, advertisement, or in any other manner that would imply or indicate that he is a landscape architect as defined in this Act, may be enjoined. Advertising.
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Section 7. This Act shall not be deemed to prohibit any person from making any plans, drawings, or specifications for any property owned by him. Intent. Section 8. This Act shall not prevent a person who is engaged in the practice of landscape architecture outside this State from preparing plans and specifications or acting as a landscape architect for a stipulated site within this State if he presents satisfactory evidence to the board that he is competent to practice landscape architecture, pays the fee provided by this Act, and the board issues a temporary license to him for the stipulated site. Temporary licenses. Section 9. This Act does not affect laws relating to architects, civil engineers, landscape contractors, and city planners, respectively. An architect, or civil engineer, certified to practice his profession in Georgia under provisions of any Act to regulate the practice of that profession insofar as he practices in its various branches, is exempt from registration under the provisions of this Act. Intent, exemptions. A landscape contractor, engaging in the business of, or acting in the capacity of a landscape contractor in Georgia under provisions of any Act to regulate landscape contracting, insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms, is exempt from registration under the provisions of this Act. A city planner is exempt from registration under the provisions of this Act. Every agriculturist, horticulturist, forester, nurseryman, gardner, landscape gardener, garden or lawn caretaker, and grader or cultivator of land is exempt from registration under the provisions of this Act. None of the foregoing, however, shall use the title, landscape architect without complying with the provisions of this Act.
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Section 10. Applications for examinations and renewals shall be processed through the Joint Secretary, State Examining Boards. Subject to rules and regulations governing examinations, any person, over the age of 21 years, having six years of training and educational experience in actual practice of landscape architectural work shall be entitled to an examination for a license to practice landscape architecture in Georgia. A degree from a school of landscape architecture, approved by the board, shall be deemed equivalent to four years of training and educational experience in the actual practice of landscape architecture. Before taking the examination, he shall file his application therefor with the Joint Secretary and pay the application fee fixed by this Act. Any person who does not hold a degree from an accredited school of landscape architecture, but has seven (7) years experience in the office of a licensed landscape architect, may apply for the examination. Applications. Section 11. The board shall ascertain by oral or written examination that an applicant is qualified in the use and understanding of theory and practice of landscape architecture. If the examination is satisfactoy to the board, and the applicant shall have made an average of 75 percentum on his examination on all subjects examined upon, with not less than 60 per centum in any one subject and if the board shall find that the applicant is of good moral character, upon the payment of the license fee fixed by this Act, the Secretary shall issue a license to the applicant in accordance with the provisions of this Act. Examinations. Section 12. The board may deny or refuse to issue a license to an applicant upon proof of his commission or omission of any act which would constitute grounds for disciplinary action under this act if committed by a licensee. Refusal of license. Section 13. The board may upon its own motion, and shall upon the verified complaint in writing of any person,
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investigate the actions of any landscape architect, and may suspend for a period not exceeding one year, or revoke the license of, any such landscape architect, who is guilty of any one or more of the acts or omissions constituting grounds for disciplinary action under this Act. Investigations. No accusations against a licensee charging the holder of a license issued under this Act with commission of any act constituting a cause for disciplinary action shall be filed with the board unless it be filed within two years after the act or omission alleged as the ground for such disciplinary action. Section 13 A. The board shall not take the action authorized in sections 12 and 13 of this Act until the applicant or licensee has been given an opportunity to be heard in his own defense. Such hearing shall be set for a date not less than ten (10) days nor more than thirty (30) days after written notice has been given by the board to such applicant of its intention to refuse to grant a license for disciplinary reasons or to such licensee of its intention to revoke his license. In the conduct of such hearings, the board is authorized to subpoena witnesses and records and receive testimony and evidence without being bound by the technical rules of evidence. The subpoenas and orders of said board shall have the same force and effect as subpoenas and orders of the superior courts of this State and non-compliance with same shall be punishable in the superior courts in the same manner as non-compliance with the subpoena and orders of such courts is punished. Any person aggrieved by the order of the board refusing to issue a license for disciplinary reasons or revoking a license, may enter an appeal to the superior court of the county of his residence within, but not after ten (10) days from the date of such order. Appeal may be taken from there to the Court of Appeals as provided by law in civil cases. Hearings. Section 14. After revocation of a license upon any of the grounds set forth in this Act, the board may not renew or reissue such license without an examination. An applicant may file a new application for an examination
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with the board, and upon showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of revocation have been complied with, the board may at its discretion, issue a new license. Revocation of licenses. Section 14 A. Any person who shall practice the profession of landscape architecture or represent himself as a landscape architect or act as such, as defined in this Act, without first obtaining a license to do so as provided in this Act or when such license is revoked, shall be guilty of a misdemeanor and upon conviction thereof punished as provided by law. Crimes. Section 15. The following conditions shall constitute ground for disciplinary action: Grounds for disciplinary action. (A) The fact that the holder of a license of registration is practicing in violation of the provisions of this Act; (B) The fact that the holder of a license or the person named in the license has obtained the license by fraud or misrepresentation; (C) The fact that the holder of a license is impersonating a landscape architect or former landscape architect of the same or similar name, or is practicing under an assumed, fictitious or corporate name; (D) The fact that the holder of a license has aided or abetted in the practice of landscape architecture, any person not authorized to practice under the provisions of this Act; (E) The fact that, in the practice of landscape architecture, the holder of a license has been guilty of fraud, deceit, negligence or gross incompetence, constitutes ground for disciplinary action. (F) The fact that the holder of a license has affixed his signature to plans, drawings, or specifications or other instruments of service which have not been prepared by
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him or under his immediate and responsible direction, or has permitted his name to be used for the purpose of assisting any person, not a landscape architect, to evade the provisions of this Act. Section 16. (A) Every landscape architect shall pay an annual license fee. The fee shall be due and payable on or before the thirty-first day of December of each year and shall become delinquent thereafter. Annual license fee. (B) If the annual license fee is not paid before it becomes delinquent, a penalty of three (3) dollars shall be added to the amount thereof. Section 17. The amount of fees prescribed by this Act is that fixed by the following schedule: Same. (A) Application fee for examination: twenty dollars ($20.00). (B) Temporary license fee: twenty-five dollars ($25.00). (C) Duplicate license fee: ten dollars ($10.00). (D) Annual license fee: twenty-five dollars ($25.00). All fees provided for in this Act shall be paid in advance to the Joint Secretary, State Examining Boards, who shall remit the same to the State Treasurer. Such fees shall be handled in the same manner as are fees for other examining boards. The Bureau of the State Budget shall hereby be authorized to provide funds for operation of this board until an appropriation sufficient to administer the first year of operations can be made. Section 18. Notwithstanding any other provisions of this Act, any person over the age of twenty-one (21) years and of good moral character, who submits evidence to the board that for not less than one year prior to the
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passage of this Act, he has regularly engaged in practice of landscape architecture as a principal livelihood, as defined in this Act, shall be entitled to receive without examination, a license to practice landscape architecture, if he files such application within six months of this Act being enacted into law. Such application shall be accompanied by a twenty dollar ($20.00) exemption fee in lieu of examination, and the fee for an original license. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Section 20. If any provision of this Act or the application thereof to any person or circumstance is held unconstitutional, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. Approved March 25, 1958. TALLAPOOSA JUDICIAL CIRCUITTERMS OF HARALSON COUNTY SUPERIOR COURT. No. 400 (House Bill No. 1161). An Act to provide an additional term of the Superior Court in Haralson County; to provide the procedure for juries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the terms of the Superior Court in Haralson County in the Tallapoosa Circuit beginning on the third Monday in January and July, the Superior Court of Haralson County shall also have a term beginning on the third Monday in October. There shall be no grand jury or no traverse jury at such term, except that the judge of the superior court may in his
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discretion call either a grand jury or a traverse jury or both at such term. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. GAME AND FISH COMMISSIONTAKING OF SHRIMP No. 402 (House Bill No. 735). An Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the State Game and Fish Commission and to Game and Fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), and an Act approved February 26, 1957 (Ga. L. 1957, p. 122), so as to prohibit the use of power drawn nets for the taking of shrimp for any purpose in the tidal rivers, tidal streams and tidal creeks of certain counties; to provide a penalty for violation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively superseding and revising the laws relating to the State Game and Fish Commission and to Game and Fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), and an Act approved February 26, 1957 (Ga. L. 1957, p. 122), is hereby amended by striking paragraph 3 of section 94A in its entirety, and by substituting in lieu thereof a new paragraph 3 to read as follows: 3. Any person, firm or corporation violating any provision
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of paragraph 2 or paragraph 4 of this section, 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 purpose of sale or other disposition for human consumption, or who shall take shrimp with power drawn nets for any purpose from the tidal rives, tidal streams or tidal creeks of any county as defined in paragraph 4 below shall be guilty of a misdemeanor and punished as provided by law. Section 2. Said Act is further amended by adding a new paragraph to section 94A to be numbered paragraph 4 and to read as follows: 4. Neither paragraph 1 or paragraph 2 of this section shall apply as to the tidal rivers, tidal streams and tidal creeks of any county having a population of more than 150,000 according to the 1950 United States Census or any future United States census. Notwithstanding any other provision of the law to the contrary, it shall be unlawful to take shrimp for any purpose with power drawn nets from the tidal rivers, tidal streams or tidal creeks of said counties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. NONPROFIT MEDICAL SERVICE ACT AMENDED. No. 403 (Senate Bill No. 155). An Act to amend an Act known as the Nonprofit Medical Service Act of 1950, approved February 16, 1950 (Ga. L. 1950, p. 266), as amended, particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 345) so as to define and specify certain kinds of medical services which may be provided under a plan of a nonprofit medical service corporation and by authorizing medical
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service corporations to purchase, rent, contract for or otherwise compensate for such services, either directly or indirectly to the subscriber or member; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Nonprofit Medical Service Act of 1950, approved February 16, 1950 (Ga. L. 1950, p. 266), as amended, particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 345) is amended by striking subsection (b) of section 2 thereof in its entirety and inserting in lieu thereof a new subsection (b) which shall read as follows: (b) `Medical Service Plan' means a plan or arrangement under which `Medical Services' are or may be rendered to a subscriber, a covered dependent or other beneficiary by a licensed physician and surgeon and under which `additional services and supplies' are or may be rendered to a subscriber, a covered dependent or other beneficiary by another person or persons at the expense of a medical service corporation, as defined herein, in consideration of periodical payments made by the subscriber or another in his behalf prior to the occurrence of the condition calling for the rendition of medical or surgical services or additional services and supplies. Medical Service Plan. Section 2. Said Act is further amended by inserting following subsection (c-1) of section 2 thereof a new subsection which shall be known as subsection (c-1) and which shall read as follows: (c-1) `Additional Services and Supplies means private duty nursing care and licensed practical nursing care; physiotherapy; local ambulance service; drugs and medications outside of the hospital; therapeutic services and equipment, including oxygen, the rental of oxygen equipment, hospital beds and iron lungs; orthopedic services and appliances, including wheelchairs, trusses, braces, crutches, and prosthetic devices, including artificial limbs and eyes. Nonprofit Medical Service Corporations are
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authorized to purchase, rent, contract for, or otherwise compensate for such additional services and supplies, and reimbursement may be made either directly to those furnishing such additional services and supplies or to the subscriber or member. Such additional services and supplies shall not include hospital services. Additional services and supplies. Section 3. Said Act is further amended by striking section 19 thereof in its entirety and inserting in lieu thereof a new section 19 which shall read as follows: Section 19. Financial Procedure. That said corporations shall not pay any of the funds collected from the members or subscribers to any physician for medical or dental services to any other person or persons for additional services and supplies until after said physician or such other person or persons shall have rendered the necessary medical or surgical care or furnished the necessary additional services and supplies, any or all, as the case may be, to such subscriber or member. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. FALSE ADVERTISING. No. 406 (Senate Bill No. 120). An Act to regulate advertising or offering for sale of merchandise, commodities or services with the intent not to sell such merchandise, commodities or services at the price or upon the terms advertised or with the intent not to sell such merchandise, commodities or services; to provide the remedy of injunction against such advertising at the suit of any person aggrieved thereby; to provide penalty for the violation of this Act, 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. No person, firm or corporation shall offer for sale merchandise, commodities or services by making, publishing, disseminating, circulating or placing before the public within this State in a newspaper or other publication, or in the form of a book, notice, handbill, poster, sign, billboard, bill, circular, pamphlet, letter, photograph, motion picture, or by radio, loud speaker, telephone, television, telegraph or in any other way, or advertise merchandise, commodities or services with intent, design or purpose not to sell the said merchandise, commodities or services so advertised or offered for sale at the price or upon the terms stated therein or otherwise communicated, or with intent not to sell the merchandise, commodities or services so advertised. Defined. Section 2. Any person, firm or corporation offering through advertising merchandise, commodities or services for sale in violation of section 1 of this Act may be enjoined from such advertising by the superior court having jurisdiction, upon the suit of any person aggrieved or about to be aggrieved thereby. Injunctions. Section 3. A violation of this Act is declared to be a misdemeanor and every person, firm or corporation convicted of a violation of this Act shall be punished as for a misdemeanor. Crime. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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RECORDING OF INTERESTS IN LAND. No. 407 (Senate Bill No. 282). An Act to provide for the recording of leases or usufructs of land or of any interest in land and assignments thereof, and to provide the effect thereof. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Leases or usufructs of land or of any interest in land, shall, when executed with the formality now prescribed for the execution of deeds to land, and assignments of such leases or usufructs for any purpose, including for the purpose of securing debt, shall be admissible to record in the county where the property therein described is located. Such record shall, from the date of filing, be notice of the interest of the parties to such lease or usufructs in the property therein described and of the interest of any person holding an assignment of any description of any interest in such lease or usufruct. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. STATE BOARD OF CORRECTIONSDIRECTORS' SALARY. No. 408 (Senate Bill No. 297). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956 (Ga. L. 1956 Vol. 1, pp. 161, 170), by amending section 9 thereof relating to the director of corrections, so as to increase the salary of said director
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to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956 (Ga. L. 1956 Vol. 1, pp. 161, 170) is hereby amended by striking from section 9 thereof, relating to the director of corrections, the figure $9,000 in the sixth line and by substituting in lieu thereof the figure $12,000, so that said section when so amended shall read as follows: 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 $12,000 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. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958.
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TIFTON-TIFT COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 65 (House Resolution No. 456-1112a). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic to be known as the Tifton-Tift County Development Authority; to provide for the membership of said authority and for the appointment of members thereof; to define the powers, purposes and duties of said authority and to prescribe the procedures under which the said authority shall be operated; to authorize and empower the County of Tift and City of Tifton to levy and collect an annual ad valorem tax for the purpose of developing and promoting industry and agriculture within the City of Tifton and County of Tift and to pay-over all funds derived from the levy of such taxes to the said authority; to declare that the corporation of said authority is for a public purpose; to provide that all property of said authority, all bonds issued by said authority and the income paid therefrom shall be exempt from taxation; to authorize said authority to issue revenue anticipation certificates under the provisions of the Revenue Certificate Law of 1937 as amended; 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 is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in the County of Tift and City of Tifton, to be known as the Tifton-Tift County Development Authority and to be hereafter in this amendment referred to
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as the Authority, for the purpose of expanding and developing industry and agriculture in the City of Tifton and the County of Tift and for improving the general welfare of the people of said county. The Authority herein created shall be a public corporation and an instrumentality of the County of Tift and the City of Tifton. Created. B. The Authority shall consist of five members as follows: Two members shall be appointed from within the city limits of Tifton by the City Commissioners of the City of Tifton, two members shall be appointed from that part of Tift County lying outside of the city limits of Tifton, by the Commissioners of Roads and Revenues of Tift County and a fifth member shall be appointed by the joint-action of both the city and county commissioners, each commissioner having one vote in the election of said member, and the respective terms of the members shall begin as follows: Members. 1. The first member appointed by the City of Tifton shall be for a term of one (1) year; 2. The first member appointed by the Tift County commissioners shall be for a term of two (2) years; 3. The member appointed by the joint-action of the city and county commissioners shall be appointed for three (3) years; 4. The second member appointed by the county commissioners shall be appointed for a term of four (4) years; 5. The second member appointed by the City of Tifton shall be appointed for a term of five (5) years; and thereafter upon the expiration of such terms, successors shall be appointed for a term of five years by the political body who appointed the member whose term is expiring. All members who have served on said Authority shall be eligible for re-appointment to succeed themselves if they are re-appointed by said political
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subdivisions. Should any member resign, or be unable to serve, or move beyond the boundary of Tift County, his successor shall be appointed to serve his remaining term by the political subdivision who originally appointed the member being removed. Section 2. The powers of the Authority herein created shall include but not limited to, the power: A. To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Tifton, other municipalities and other political subdivisions and with private persons and corporations; Powers. B. 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 County of Tift. C. 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 County of Tift or at any place within Tift County sufficiently close to the City of Tifton 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. D. To borrow money and to issue Revenue bonds, notes, and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; E. To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real
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property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under the Authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the authority and to the owners of the property to be condemned. F. To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Tifton, County of Tift, and to make long-range plans therefor. G. 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; H. To elect its own officers from the membership of said Authority and to authorize and empower such officers to act for the authority generally or any specific matter; I. To appoint and select officers, agents, and employees, including engineering, architectural and construction experts fiscal agents and attorneys and fix their compensation, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; J. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the authority, the cost of such project to be paid in
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whole or part from the proceeds of the revenue bonds or certificates of the authority; K. To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), with reference to the issuance of revenue anticipation certificates in so far as such pertain to the corporate purposes of the authority; L. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; M. To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds or certificates issued by the authority; N. To do all things within its powers to encourage the industrial and agricultural development of Tift County, and to encourage the location of new industries in said county; O. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State. P. To do all things necessary and convenient to carry out the powers expressly given in this Act. Q. To receive and administer gifts, grants and donations and to administer trusts. Section 3. The City of Tifton is hereby authorized to levy and collect an annual ad valorem tax of one (1) mill for developing and promoting industry and agriculture,
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and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein. The County of Tift is hereby authorized to levy and collect an annual ad valorem tax of one (1) mill for developing and promoting industry and agriculture, and is hereby directed to pay to the Authority all funds derived from such levy to be used for the purposes provided herein. Taxation. Section 4. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Tifton, the State of Georgia, nor Tift County. Debts. Section 5. The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Tifton and Tift County. Tax exemption. The exemptions 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 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 exemptions from sale and use taxes on property purchased by the Authority or for use of the Authority. Approved March 25, 1958.
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CONVEYANCE OF LAND TO BETHLEHEM BAPTIST CHURCH. No. 66 (House Resolution No. 409-1005f). A Resolution. Authorizing the Governor to sell certain land in Habersham County, Georgia; and for other purposes. Be it resolved by the General Assembly of Georgia: Whereas, the State of Georgia owns certain property hereinafter described, in Habersham County, which has been used by the State Board of Education as part of the North Georgia Trade and Vocational School, but which is no longer used by the State Board of Education and is of no further use to the State; and Whereas, the Bethlehem Baptist Church is in need of such land for use as a Church Cemetery; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to sell the property described hereinafter to the Bethlehem Baptist Church for the sum of twenty-five ($25.00) dollars, and to convey title thereto to said church. The property is described as follows: All that tract or parcel of land situate, lying and being in land lot No. 85 of the 11th land district of Habersham County, Georgia, more fully described as follows: For a beginning point start at the point where the district line between the 11th and 12th land districts of Habersham County, Georgia, intersects the center of the New Stonepile Paved Road; thence north 19 degrees 40 minutes east 377 feet to the true beginning point of the tract of land herein described; thence north 37 degrees 13 minutes west 259 feet to an iron pin corner; thence south 87 degrees 29 minutes east 476 feet to an iron pin corner; thence south 59 degrees 38
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minutes west 147 feet to a rock corner; thence south 59 degrees 27 minutes west 222 feet to the point of beginning, an iron pin corner, containing 1.10 acres, more or less, and being a part of the lands conveyed by deed from the Habersham County Board of Education to The State of Georgia, dated December 7, 1943, recorded in the office of the clerk of the Superior Court of Habersham County, Georgia, in deed book A-42, pages 463-467. Approved March 25, 1958. JOINT INCOME TAX LAW STUDY COMMITTEE TO STUDY ADVISABILITY OF AMENDING CODE 92-3201. No. 67 (Senate Resolution No. 126). A Resolution. Directing the Joint Income Tax Law Study Committee to study the advisability of amending and revising section 92-3201 of the Georgia Income Tax Act of 1931, as amended, with respect to the requirements of returns by married individuals, to enable a husband and wife, in most instances, to report their income on the same return without an increase in tax liability; to make recommendations in the premises and draft legislation to effectuate such recommendations. Whereas, by resolution of the General Assembly approved March 8, 1957 (Ga. L. 1957, pp. 362-365), a Joint Income Tax Law Study Committee was created to study the advisability of amending and revising 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 with respect to assessment, collection and refund procedures in the administration
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of the Georgia revenue laws in general; to obtain a clear, comprehensive and compact codification of the Georgia income tax laws and other revenue laws; and to draft proposed legislation to effectuate its recommendations to the General Assembly; and Whereas, section 92-3201 of the Georgia Income Tax Act of 1931, as amended, now provides as follows: Section 92-3201Individual Returns; Husband and Wife; Persons Under Disability(a) Each of the following individuals shall make under oath a return stating specifically the items of his gross income and the deductions and credits allowed by this law; (b) If a husband and wife living together have an aggregate net income for the taxable year of $2,500 or over, or an aggregate gross income for such year of $5,000 or over (1) each shall make such a return, or (2) the income of each shall be included in a single joint return, in which case the tax shall be computed on the aggregate income but on the total personal exemption shall not exceed the amount as provided in section 92-3106, and Whereas, a majority of married individuals now file separate individual income tax returns, and Whereas, it appears desirable that a study be made of the feasability of amending or revising the law relating to the requirements of returns by married individuals to enable a husband and wife, in most instances, to report their income on the same return without an increase in tax liability; Now, therefore, be it resolved by the General Assembly of Georgia: That the Joint Income Tax Law Study Committee is hereby directed to study the advisability
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of amending and revising the provisions of section 92-3201 of the Georgia Income Tax Act of 1931, as amended, and such other provisions of the Georgia Income Tax Act of 1931 as may be appropriate to the purpose, to facilitate the reporting of the income of a husband and wife living together and having an aggregate net income for the tax year of $3,000 or over upon the same return without an increase in tax liability; to make such recommendations in the premises as it deems advisable in its final report to the General Assembly and; to draft such proposed legislation as will effectuate its recommendations. Approved March 25, 1958. YOUTH HONOR DAY. No. 69 (House Resolution No. 394-944a). A Resolution. To proclaim and designate October 31st of each year as Youth Honor Day; and for other purposes. Whereas, the outstanding accomplishments of the youth of this State should be recognized and remembered on each such day; and Whereas, it is of utmost importance to the welfare of this nation that the youth of this State be given recognition for their outstanding achievements and be encouraged to prepare themselves for their future responsibilities and obligations as citizens of this great nation; and Whereas, the legislatures of several states have adopted resolutions designating October 31st of each year as Youth Honor Day, which is appropriately observed in honor of the youth of this nation; and
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Whereas, the Youth Honor Day program has been of tremendous benefit to the youth of America by providing them with the opportunity to assume the responsibility of governing the conduct of the members of their own group; and Whereas, the adoption of the Youth Honor Day program would prove very beneficial not only to the youth, but also to all the people of this State; Now, therefore, be it resolved by the General Assembly of Georgia that October 31st of each year is hereby designated as Youth Honor Day and the Governor is hereby authorized and requested to use his proclamation for the appropriate observance of that day. Be it further resolved that the people of this State be urged to actively participate in the observance of this day, so as to honor the youth of this State. Approved March 25, 1958. CITY OF MARIETTABOARD OF LIGHTS AND WATER WORKS. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 332-787a). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the City of Marietta and its board of lights and water works to combine and operate the water and sewerage system and electric system of said City as one revenue undertaking and to issue revenue bonds for the purpose of adding to, extending and improving any facility of such combined utility and to secure
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the payment of said bonds and interest thereon by pledging the revenues of such combined public utility for that purpose; to provide the method and procedure for the issuance of said bonds; to provide the effective date of this amendment; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution incorporated in the Code of Georgia of 1933 as section 2-6005, shall be amended by adding at the end thereof a new paragraph to be numbered 3 and which shall read as follows: 3. Notwithstanding any provisions of this Constitution to the contrary the City of Marietta and its board of lights and water works are authorized and hereby empowered and granted the right, power and authority to combine the water and sewerage system and electric system now being maintained and operated by said board for the benefit of said city and to maintain, repair and operate such combined public utility as one revenue producing undertaking and to issue from time to time interest bearing revenue anticipation obligations to be known and designated `Public Utilities Revenue Bonds' for the purpose of acquiring, constructing, adding to, extending, improving and equipping any facility of such combined public utility and to pledge for the payment of the principal of and interest on such public utilities revenue bonds all or any part of the revenues of such combined public utility and to create a lien thereon for that purpose, subject to any liens heretofore created thereon by law or contract. No election to authorize the issuance of said bonds shall be required and the pledge of revenues from the combines public utility shall not be a debt of the City of Marietta within the meaning of Article VII, Section VII, Paragraph I of this Constitution. Such bonds may be issued from time to time bearing such rate or rates of interest as authorized by law and maturing within thirty (30) years from their date in the years and
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amounts as detremined by a majority vote of the governing body of the City of Marietta and by a majority vote of the members of the board and lights and water works and when so authorized the procedure of the issuance and delivery including validation shall be in all respects in accordance with the Revenue Bond Law as now enacted and any amendments thereto which law was originally known as the `Revenue Certificate Law of 1937.' The rights, powers and authority herein conferred upon the City of Marietta and its board of lights and water works are self-executing and no enabling act of the General Assembly shall be necessary and are hereby made cumulative of and in addition to such other rights, powers and authority as they may have under the Constitution and laws of this State. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Marietta and its Board of Lights and Water Works to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to issue revenue bonds for adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose.
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Against ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Marietta and its Board of Lights and Water Works to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to issue revenue bonds for adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose. 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. Approved March 25, 1958. TAX LEVY BY COUNTIES FOR SCHOOL LUNCH PROGRAMS. Proposed Amendment to the Constitution. No. 73 (House Resolution No. 165-519b). A Resolution. Proposing to the qualified voters of the State of Georgia an Amendment to Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945,
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so as to empower the General Assembly to authorize any county the right to levy a tax for school lunch purposes; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, is hereby amended by adding at the end thereof a new subparagraph to read: Subparagraph 17. For school lunch purposes. 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 and submitted as provided in Article III, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 empower the General Assembly to authorize counties to levy a tax for school lunch purposes. Against ratification of amendment to the Constitution so as to empower the General Assembly to authorize counties to levy a tax for school lunch purposes. 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. Approved March 25, 1958. CLAYTON COUNTYSCHOOL BONDS. Proposed Amendment to the Constitution. No. 74 (House Resolution No. 257-662g). A Resolution. Proposing an amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton 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 VII, Section VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following: Notwithstanding the seven per cent limitation herein provided, bonds may be issued for school purposes in Clayton County not to exceed ten per cent of the assessed value of all the taxable property in Clayton County. Section 2. When the above proposed amendment
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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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton County. Against ratification of amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Clayton County not to exceed ten per cent of the assessed value of the taxable property in Clayton 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. Approved March 25, 1958.
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SCHOLARSHIPS FOR PROSPECTIVE TEACHERS. Proposed Amendment to the Constitution. No. 75 (House Resolution No. 142-429b). A Resolution. Proposing an amendment to the Constitution so as to provide the State Board of Education with the authority to grant scholarships for teachers; to provide for the terms and conditions of such scholarships; to authorize the General Assembly to provide funds to carry out the purposes of this resolution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution of the State of Georgia shall be amended by adding at the end thereof a new paragraph as follows: The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event. The General Assembly shall have the authority to appropriate such funds to the State Board of Education
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as it deems wise and proper to carry out the purposes of this provision. It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 State Board of Education to grant scholarships to citizens of Georgia to study to become teachers. Against ratification of amendment to the Constitution so as to authorize the State Board of Education to grant scholarships to citizens of Georgia to study to become teachers. 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
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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. Approved March 25, 1958. INVESTIGATION OF POLICIES OF UNITED STATES FOREST SERVICE URGED. No. 76 (House Resolution No. 475). A Resolution. Whereas, the counties of Rabun, Habersham, White, Union, Fannin, Gilmer, Dawson, Lumpkin, Towns and Murray are located in the Chattahoochee National Forest which is under the control and supervision of the United States Forest Service, a unit of the United States Department of Agriculture; Whereas, in said counties there are some of the largest lumber mills of this State, and in most of these counties such mills are the principal industry; said mills being dependent almost entirely on National Forest Timber; Whereas, by reason of the quality of timber, marked for cutting, the unnecessary costly requirements of logging roads to be constructed by the mills, excessive K. V. Charges, and the high prices of timber on the stump, all being determined and fixed by the said Forest Service, the lumber mills can not afford to bid on such timber; Whereas, the Forest Service has advertised small and large lots of timber in north Georgia during the past 12 months for which there were no bidders resulting
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in a waste of marking and advertising costs as well as a reduction in revenues to county school and road funds; Whereas, because of such policies followed by the United State Forest Service, the established lumber industry in these north Georgia counties is forced to curtail operations and some are going out of business; Whereas, in one county in this area, lumber mills operating National Forest timber produced approximately $2,500,000 worth of lumber products out of 26 millions feet of lumber during 1957, and the payroll of these mills amounted to approximately $1,600,000; and Whereas, if these policies of the United States Forest Service are not investigated and relief given to the lumber industry, the unemployment and loss of payrolls will make ghost communities throughout north Georgia. Now, therefore, be it resolved by the General Assembly of Georgia, that the Congress of the United States is respectfully urged to investigate the policies and actions of the United States Forest Service as described herein and obtain every possible relief for the lumber industry in this area; Be it further resolved as aforesaid, that copies of this resolution be mailed to the members of the United States Senate and the House of Representatives from Georgia; Honorable Ezra Taft Benson, Secretary of Agriculture; and Honorable Marvin Griffin, Governor of Georgia. Approved March 25, 1958.
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HENRY COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 77 (House Resolution No. 303-744g). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Henry County by the people; to provide for the compensation of such members; 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 Henry County shall be composed of five members, to be elected by the voters of their respective districts as hereinafter provided. For the purposes of electing such members, Henry County is hereby divided into five Education districts. Education district No. 1 shall be composed of militia district #498 (McDonough) and militia district #1477 (Flippen). Education district No. 2 shall be composed of militia district #641 (Lowes), militia district #723 (Hampton) and militia district #486 (Sixth). Education district No. 3 shall be composed of militia district #775 (Stockbridge), militia district #888 (Shakerag) and militia district #622 (Brushy Knob). Education district No. 4 shall be composed of militia district #491 (Loves), militia district #611 (McMullens) and militia district #638 (Beersheba).
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Education district No. 5 shall be composed of militia district #576 (Locust Grove), militia district #489 (Tussahaw) and militia district #767 (Sandy Ridge). The Board of Education of Henry County shall be composed of one member from each education district. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers and each member shall be elected by the voters within his district. In the event this amendment is ratified, it shall be the duty of the Ordinary of Henry County to issue the call for an election, which call shall be issued at least ten (10) days prior to the date of such election. The ordinary shall set the date for such election for either December 15, 16, 17, 18, 19, or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Henry 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 at least once preceding the date of the election, in the official organ of Henry County. The members elected at such election shall take office January 1, 1959, and shall serve for a term of two years and until their successors are elected and qualified. Future elections shall be held every two years, at the same time as elections for members of the General Assembly from Henry County are held, and the members elected shall take office on the first day of January immediately following their election. All future members shall likewise serve for a term of two years and until their successors are elected and qualified. At the first meeting in January, 1959, and at the first meeting in January each two years thereafter, the members of the board shall elect a chairman for the next two years. Any member of the board shall be eligible to succeed himself as chairman. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the
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remaining members of the board shall elect a person from the education district in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an education district moves his residence from such district, a vacancy shall exist from such district, and shall be filled in the same manner as other vacancies. The Board of Education of Henry County in office at the time of the ratification of this amendment is hereby abolished effective at the end of December 31, 1958, and the terms of all members of such board shall expire at that time. The compensation of the members of the Board of Education of Henry County shall be fixed by the General Assembly of Georgia in a local Act for that purpose. The Board of Education of Henry County as provided for herein and the county school superintendent of Henry County 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so
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as to provide for the election of members of Board of Education of Henry County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Henry 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 issue his proclamation thereon. Approved March 25, 1958. ATKINSON COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 78 (House Resolution No. 406-1005c). A Resolution. Proposing an amendment to the Constitution so as to abolish the elective office of County School Superintendent of Atkinson County; to provide for the appointment of the county school superintendent of Atkinson County by the Atkinson County Board of Education; to provide for the duties, responsibilities, authorities and compensation of the County School Superintendent; to provide an effective date; to provide for the
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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 VI, Paragraph I of the Constitution relating to the County School Superintendent, as amended, is hereby amended by adding at the end thereof the following: The elective office of County School Superintendent of Atkinson County is hereby abolished effective as of December 31, 1960. The County School Superintendent of Atkinson County shall be appointed by and serve at the pleasure of the Atkinson County Board of Education. The Atkinson County Board of Education shall fix the qualifications, duties, responsibilities, authorities and compensation of the County School Superintendent of Atkinson County. The incumbent County School Superintendent shall serve the remainder of the present term for which he was elected, and the first appointment under the provision of this amendment shall be effective as of January 1, 1961. The County School Superintendent of Atkinson County as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county school superintendents 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, such proposed amendment shall be published and submitted as provided in Article XIII,
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Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 appointment of the County School Superintendent of Atkinson County by the Atkinson County Board of Education. Against ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Atkinson County by the Atkinson 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. Approved March 25, 1958.
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GEORGIA HALL OF FAMEPLACING OF CERTAIN BUSTS THEREIN AUTHORIZED. No. 79 (House Resolution No. 328-785c). A Resolution. Authorizing the placing of busts of seven great Georgians in the Georgia Hall of Fame at the State Capitol; and for other purposes. Whereas, Georgia had the following great men: Crawford W. Long, Discoverer of Anesthesia; Wiliam H. Crawford, Minister to France, U. S. Secretary of War and U. S. Secretary of the Treasury; Archibald Bulloch, Speaker of the Royal Assembly, President of the First, Second, and Third Provincial Congresses, and President and Commander-in-Chief of Georgia, dying while serving in the latter office on February 22, 1777; John Adam Treutlen, first Governor of Georgia under the State Constitution of 1777; Peter Early, Governor of Georgia during the War of 1812; Benjamin Hawkins, Indian Agent during the War of 1812; and George M. Troup, Governor of Georgia, 1823-1827, and Whereas, these seven great men have never been suitably honored by any tangible evidence of their greatness, and Whereas, the rotunda of the State Capitol Building has been designated as the Georgia Hall of Fame, and this would be an ideal place in which to honor these great Georgians, and Whereas, the Georgia Division, U. D. C. has requested the General Assembly to authorize the placing of the marble bust of Crawford W. Long; the Georgia Chapter, N. S. Daughters of Founders and Patriots of America has requested the placing of the marble busts of Archibald Bulloch and John Adam Treutlen; the Georgia Society, U. S. Daughters of 1812, has requested
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the placing of the marble busts of Peter Early and Benjamin Hawkins; and the Georgia Society, Colonial Dames of 17th Century, has requested the placing of the marble busts of William H. Crawford and George M. Troup in the Georgia Hall of Fame, Now, therefore, be it resolved by the General Assembly of Georgia that marble busts of the aforesaid seven men be placed in the Georgia Hall of Fame. Be it further resolved that the Secretary of State is hereby authorized and directed to conduct all the necessary matters relative to the purposes set out herein. Be it further resolved that the Budget Bureau is hereby authorized and directed to provide the funds necessary to carry out the purposes of this resolution from any available funds. Approved March 25, 1958. FUND AUTHORIZED FOR ERADICATION OF HOG CHOLERA. No. 80 (Senate Resolution No. 117). A Resolution. Relative to Hog Cholera Eradication; and for other purposes. Whereas, the income received by the farmers of this State from the production of swine is a vital factor in stabilizing the economy of the farmers of this State; and Whereas, under existing methods of control, Hog Cholera can be eradicated by concentrated effort on behalf of swine producers and within the framework
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of the existing law relating to livestock disease eradication; and Whereas, the farmers of this State are faced with a very rigid price squeeze situation resulting from the efforts of the Federal Government to maintain flexible parties and a refusal on the part of the Federal Government to recognize the problems of the small farmers in this nation; and Whereas, swine production is one of the more profitable means of harvesting and marketing grain crops of the farmers of this State; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of this State is hereby requested and authorized to make available to the State Department of Agriculture the funds necessary to enable the Department of Agriculture to embark on a program of Hog Cholera Eradication within the framework of existing law. The Governor is further authorized to utilize such sum as is available from the unappropriated funds of this State, so that Hog Cholera may be eradicated at the earliest possible date. Approved March 25, 1958. ALBANY DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 81 (House Resolution No. 390-940b). A Resolution. Proposing to the qualified voters an amendment to Article V of the Constitution of the State of Georgia by adding, at the end thereof a new section and paragraph, to create the Albany Dougherty Payroll Development
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Authority as a Constitutional authority and public corporation; to provide for the appointment, eligibility and tenure of members and officers; to provide for the financing of said authority; and to confer on the General Assembly the authority to prescribe by law additional powers and duties for said authority; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article V of the Constitution of the State of Georgia is hereby amended by adding to the end thereof a new section and paragraph to be known as Section IX, Paragraph I, which shall read as follows, to-wit: Article V, Section IX, Paragraph I. There is hereby created a body corporate and politic to be known as the `Albany Dougherty Payroll Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Dougherty County. The County of Dougherty and the City of Albany may contract with the Authority as a public corporation as provided by the Constitution of Georgia. The Authority shall consist of five members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Dougherty and the City of Albany. Members of the Authority shall be the Chairman of the Board of Commissioners of Roads and Revenues of Dougherty County, the Mayor of the City of Albany, the President of the Albany Chamber of Commerce and two other members who shall be residents of Dougherty County within or without the corporate limits of the City of Albany. The General Assembly
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shall provide for appointment and terms of office of the members of the Authority who are not members thereof by virtue of their office. The Authority shall elect a chairman and a treasurer. The Executive Vice-President of the Albany Chamber of Commerce shall serve as secretary of the Authority. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue anticipation certificates issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation. Said Authority is created for the purpose of developing and promoting for the public good and general welfare jobs and payrolls in industry, agriculture, commerce and natural resources and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits, and shall specifically be authorized to enter into contracts and agreements for periods of time extending beyond the terms of the members of the Authority in office at the time of such contracts and agreements. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Dougherty or the City of Albany. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. The specifications of certain powers herein is not intended to be exclusive, it being the intention of this amendment that all powers hereby granted, and to be granted by the General Assembly pursuant hereto, are to be liberally construed to effectuate the general purposes of said Authority as hereinabove set out. The powers hereby granted to the General Assembly, to the fiscal authorities of Dougherty County, and
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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. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article V of the Constitution of Georgia, creating the Albany Dougherty Payroll Development Authority. Against ratification of amendment to Article V of the Constitution of Georgia, creating the Albany Dougherty Payroll Development Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Dougherty County shall vote for ratification thereof, this amendment shall become a part of the Constitution
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of the State of Georgia. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 25, 1958. LOWNDES COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 82 (House Resolution No. 379-894e). A Resolution. Proposing an amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected by the people; to prescribe the procedure connected with the foregoing; to provide for terms of the members of the County Board of Education; to provide for elections; to provide for a referendum to determine if the County School Superintendent shall be appointed 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 VIII, Section V, Paragraph I of the Constitution as amended, relating to County Boards of Education, is hereby amended by adding at the end thereof the following: The Board of Education of Lowndes County shall be composed of five members to be elected by the qualified voters of Lowndes County residing outside the area
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embraced in any independent school system located therein. The members of the Board of Education shall be elected from candidates residing outside the area embraced within any independent school system located in Lowndes County. In the event this amendment is ratified, it shall be the duty of the Ordinary of Lowndes County to issue the call for an election, and he shall set the date for such election on December 3, 1958, for the purpose of electing a successor to the appointive member of the existing Board of Education of Lowndes County that expires on December 31, 1958. It shall be the duty of the Ordinary to publish the date of the election and the purpose thereof at least once preceding the date thereof in the official organ of Lowndes County. The candidate receiving the highest number of votes at such election shall serve for a term of four (4) years and until his successor is elected and qualified. Thereafter, it shall be the duty of the Ordinary of Lowndes County to issue a call for an election to be held at the same time as the election for members of the General Assembly in the year 1960 for the purpose of electing a successor to the appointive members of the Board of Education of Lowndes County whose terms expire on December 31, 1959, and December 31, 1960. The candidate at such election receiving the highest number of votes and the candidate not from the same militia district receiving the next higher number of votes shall serve for a term of four (4) years and until their successors are elected and qualified. The appointive member whose term expires on December 31, 1959, shall continue to serve until December 31, 1960, and until his successor is elected and qualified. Thereafter, it shall be the duty of the Ordinary of Lowndes County to issue the call for an election to be held at the same time that members of the General Assembly are elected in the year, 1962, for the purpose of electing successors to the appointive members of the Board of Education of Lowndes County in existence at the time of the ratification of this amendment whose terms expire on December 31, 1961, and December 31, 1962. The candidate
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receiving the highest number of votes at such election and the candidate not from the same militia district receiving the next higher number of votes shall serve for a term of four (4) years and until their successors are elected and qualified. The appointive member whose term expires on December 31, 1961, shall continue to serve until December 31, 1962, and until his successor is elected and qualified. It shall be the duty of the Ordinary of Lowndes County to publish the date and purpose of each such election at least once preceding the date thereof in the official organ of Lowndes County. The members elected at each such election shall take office on January first following the date of such election. Thereafter, elections for members of the Board of Education of Lowndes County shall be held at the same time that members of the General Assembly are elected, and such election shall be for a term of four (4) years and until their successors are elected and qualified. The members so elected shall assume office on January first following the date of their election. It is the intent and purpose of this amendment to provide for the election of the members of the Board of Education of Lowndes County at the same time that members of the General Assembly from Lowndes County are elected immediately preceding the expiration of their term of office. At any such election where one (1) member is to be elected, the person receiving the highest number of votes shall be elected. At any such election when two (2) persons are to be elected, the person receiving the highest number of votes, and the person not from the same militia district receiving the next higher number of votes shall be elected. The Board of Education of Lowndes County in office at the time of the ratification of tihs amendment shall continue to serve until the successors to the appointive members thereof are elected and qualified, as provided in this amendment. No appointment as a member of the Board of Education shall be made by the grand jury of Lowndes County, except to fill the remainder of an unexpired term for an appointive member
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whose election is not otherwise provided in this amendment. The appointive County Board of Education shall stand abolished, effective as of December 31, 1962. Only the registered voters in Lowndes County who reside outside the corporate limits of the City of Valdosta shall determine whether this amendment shall become effective, it being the expressed intent of the General Assembly to exclude those voters residing within the corporate limits of the City of Valdosta from voting on the ratification or rejection of this amendment. The County Board of Education as provided herein shall be subject to all constitutional and statutory provisions relative to County Boards of Education unless in conflict with the provisions of this amendment. In the event of a vacancy on said Board for any cause other than the expiration of a term of office, the remaining members of the Board shall elect a person to serve for the unexpired term. The elective office of County School Superintendent of Lowndes County is hereby abolished, effective as of December 31, 1960 or in the event of the vacancy of such office prior to such date upon the occurrence of such vacancy. On and after such date, the County School Superintendent of Lowndes County shall be appointed by and shall serve at the pleasure of the Board of Education of Lowndes County created hereunder. The Board shall determine the qualifications, responsibilities, duties, authority and compensation of the County School Superintendent of Lowndes County. In the event this amendment is ratified, it shall be the duty of the Ordinary to issue the call for an election for the purpose of submitting this paragraph to the voters of Lowndes County residing outside the area embraced in any independent school systems located therein. The Ordinary shall set the date for such election on December 3, 1958. The Ordinary shall cause the date and purpose of the election to be published at least once preceding the date thereof.
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The ballot shall have written or printed thereon the words: For approval of the Paragraph providing for appointment of the County School Superintendent by the Board of Education. Against approval of the Paragraph providing for appointment of the County School Superintendent by the Board of Education. All persons desiring to vote in favor of the paragraph shall vote for approval, and those persons desiring to vote for rejection of the Paragraph shall vote against approval. If a majority of the votes cast on such question are for approval of the Paragraph, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Paragraph, it shall be void and of no force and effect. The expense of such election shall be borne by Lowndes County. It shall be the duty of the Oridanry to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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For ratification of amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected by the people. Against ratification of amendment to the Constitution so as to provide that the Board of Education of Lowndes County shall be composed of five members elected 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 issue his proclamation thereon. Approved March 25, 1958. STATE TOLL BRIDGE AUTHORITY REQUESTED TO SET ANNUAL RATES OF TOLL ON SIDNEY LANIER BRIDGE. No. 83 (House Resolution No. 348-827f). A Resolution. To request State Toll Bridge Authority to provide annual rates of toll on Sidney Lanier Bridge in order to aid the development of Jekyll Island. Whereas, the development of Jekyll Island will be
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aided by making it possible for residents of Brunswick to visit the island more frequently and by making it possible for the permanent residents of Jekyll Island to have ready access to the shops, school and other facilities in Brunswick; and Whereas, the development of St. Simons Island was assisted through the sale of toll tags over the Fernando J. Torras Causeway between Brunswick and St. Simons Island for $40.00 per year per passenger vehicle; and Whereas, State Toll Bridge Authority does not now offer annual rates of toll over Sidney Lanier Bridge even though the General Assembly at the time the Authority was created directed it to see that daily users shall be accorded the lowest rate compatible with bare coverage of the revenue requirements; and Whereas, travellers to Jekyll Island using Sidney Lanier Bridge are charged 70 for a round trip by passenger car, while on the other hand travellers using the toll bridge to St. Simons Island are charged 50 for a round trip by passenger car; and Whereas, persons going to St. Simons Island can make unlimited trips to and from that island for $40.00 per annum, while a person making a daily trip to Jekyll Island must pay $255.50 in toll during a year; and Whereas, it is the desire of this General Assembly that such discrimination and inequality of toll rates against daily users be eliminated; It is therefore resolved by the House of Representatives, the Senate concurring, that State Toll Bridge Authority be directed to open negotiations with the holders of the bonds on Sidney Lanier Bridge to authorize an annual toll rate comparable with that charged to St. Simons Island, and that the members of the State Toll Bridge Authority and their officers, attorneys and employees be requested to use their best efforts to secure favorable action on such annual toll. Approved March 25, 1958.
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PICKENS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 84 (House Resolution No. 312-772c). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Pickens County by the people; 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 Pickens County shall be composed of five members, to be elected as hereinafter provided. For the purpose of electing such members, Pickens County is hereby divided into five Education Districts. Education district No. 1 shall be composed of militia district #1098 (Town) and militia district #1182 (Sharp Top). Education district No. 2 shall be composed of militia district #794 (Talking Rock), militia district #1036 (Truckwheel) and militia district #1698 (Big Ridge). Education district No 3 shall be composed of militia district #1101 (Jerusalem), militia district #1370 (Ludville) and militia district #1801 (Hill). Education district No. 4 shall be composed of militia district #1026 (Persimmon Tree), militia district #1129 (Townsend), militia district #1492 (Nelson) and militia district #1509 (Sharp Mountain).
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Education district No. 5 shall be composed of militia district #899 (Dug Road) and militia district #1099 (Grassy Knob). Any person, in order to be eligible for membership on the board to represent an education district, must reside in the district which he represents, but all members of the board shall be elected by the voters of the entire county. In the event this amendment is ratified, it shall be the duty of the Ordinary of Pickens County to issue the call for an election, which call shall be issued at least 10 days prior to the date of such election. The Ordinary shall set the date for such election for either December 15, 16, 17, 18, 19 or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Pickens 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 at least once preceding the date of the election in the official organ of Pickens County. The members elected at such election shall take office January 1, 1959 and shall serve for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for members of the General Assembly from Pickens County are held, and the members elected shall take office on the 1st day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the Board shall select a person from the district in which the vacancy occurs, and such member shall serve the unexpired term. In the event a person moves his residence from the district he represents, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies. The members of the board shall elect their own chairman.
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The terms of the members of the Board of Education serving at the time of the ratification of this amendment shall continue through December 31, 1958, but the terms of all members shall expire at that time, and the Board of Education of Pickens County in effect at that time shall stand abolished. The Board of Education of Pickens County, as created 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. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Pickens 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 Pickens County by the people. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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If 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. Approved March 25, 1958. LAND CONVEYANCE TO JEFF COUNTY BOARD OF EDUCATION. No. 85 (House Resolution No. 258-662h). A Resolution. Authorizing the transfer of the State Farmers' Market property at Hazlehurst to the Jeff Davis County Board of Education; and for other purposes. Whereas, the need for the continued operation of the State Farmers' Market in Hazlehurst, Jeff Davis County, has ceased to exist; and Whereas, a more profitable use of the aforesaid property can be made by the Jeff Davis County Board of Education; and Whereas, the aforesaid property is surplus as to the State of Georgia; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized to convey to the Jeff Davis County Board of Education all of that property located in Hazlehurst, Jeff Davis County, known as the State Farmers' Market property. Approved March 25, 1958.
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CARROLL COUNTY RESCUE SQUAD. Proposed Amendment to the Constitution. No. 86 (House Resolution No. 415-1044b). A Resolution. Proposing an amendment to the Constitution to authorize the governing authority of Carroll County to tax for and support a rescue squad; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by inserting following Subparagraph 1 thereof a new subparagraph to be known as Subparagraph 1(a) to read as follows: 1(a). The governing authority of Carroll County is authorized to include in its levy of taxes for the payment of expenses of administration of the county government such sums as may be authorized by the General Assembly by local bill without regard to uniformity for the maintenance and support of a rescue squad. For the purpose of this subsection, a rescue squad shall mean an organization which performs lifesaving functions or generally provides assistance during times of disaster or crisis. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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For ratification of amendment to the Constitution so as to authorize the governing authority of Carroll County to tax for and support a rescue squad. Against ratification of amendment to the Constitution so as to authorize the governing authority of Carroll County to tax for and support a rescue squad. 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. Approved March 25, 1958. WILKES COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 87 (House Resolution No. 251-622a). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wilkes County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
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Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following: The Board of Education of Wilkes County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing four of such members. Wilkes County is hereby divided into four Education Districts. Education district No. 1 shall be composed of militia district #164 (Town). Education district No. 2 shall be composed of militia district #175 (Upton), militia district #177 (Bussey), militia district #174 (Mackasookee), and militia district #176 (Pento). Education district No. 3 shall be composed of militia district #169 (Tyrone), militia district #171 (Irvin), militia district #168 (Donegal), militia district #166 (Derbyshire), and militia district #165 (Newtown). Education district No. 4 shall be composed of militia district #167 (Mallorys), militia district #181 (Broad River), militia district #180 (Goose Nest), militia district #178 (Jenkins) and militia district #179 (Anderson). The Board of Education shall be composed of one member of each Education District and the chairman of the board. Any person, in order to be eligible for membership on the board to represent an education district, must reside in the district which he represents, and each member from an education district shall be voted on and elected only by the voters of his own district. The chairman of the board may reside anywhere in the county and shall be elected by the voters of
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the entire county. When offering as a candidate for election to the board, a candidate must designate whether he is offering as a candidate from a district or as chairman. In the event this amendment is ratified, it shall be the duty of the Ordinary of Wilkes County to issue the call for an election, which call shall be issued at least 10 days prior to the date of such election. The ordinary shall set the date for such election for either December 15, 16, 17, 18, 19, or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Wilkes 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 at least once preceding the date of the election in the official organ of Wilkes County. The members elected at such election shall take office January 1, 1959 and shall serve for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for members of the General Assembly from Wilkes County are held, and the members elected shall take office on the 1st day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the Board shall select a person who shall serve for the unexpired term. If the vacancy occurs in the office of a member representing an education district, the person selected to serve the unexpired term must reside in such district. In the event a person who represents an education district moves his residence from such district, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies. The terms of the members of the Board of Education
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serving at the time of the ratification of this amendment shall continue through December 31, 1958, but the terms of all members shall expire at that time, and the Board of Education of Wilkes County in effect at that time shall stand abolished. The Board of Education of Wilkes County, as created 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. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Wilkes County by the people. Against ratification of amendment to the Constitution so as to provide for the elcetion of the members of the Board of Education of Wilkes 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
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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. Approved March 25, 1958. BALDWIN COUNTYTAX FOR PROMOTING INDUSTRY. Proposed Amendment to the Constitution. No. 88 (House Resolution No. 351-838c). A Resolution. Proposing an amendment to the Constitution so as to authorize Baldwin 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 said 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 authorize the governing authorities of said county to select a board of citizens of said county to render advice relative to 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 IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following: Baldwin County is hereby authorized to levy a tax, in addition to those already provided for by law, not
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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 Baldwin County. The governing authority of said county is hereby authorized to select a board of citizens of said county to render advice relative to the use of such fund. Such fund may be used to pay entertaining, traveling, advertising and other promotional expenses to encourage the location of industries in said county, and to purchase land and erect buildings or other facilities to be rented or leased to industries. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Baldwin 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 industries in Baldwin County. Against ratification of amendment to the Constitution so as to authorize Baldwin 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 industries in Baldwin 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
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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. Approved March 25, 1958. SEMINOLE COUNTYTAX FOR PROMOTING INDUSTRY. Proposed Amendment to the Constitution. No. 89 (Senate Resolution No. 121). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Seminole County to levy and collect a tax for industrial purposes; to provide how the funds derived from said tax shall be invested, managed and used; to submit this amendment to the people 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 is hereby amended by adding to the end thereof the following: The Board of Commissioners of Roads and Revenues of Seminole County are authorized to levy a tax not to exceed five mills each year, on all taxable property
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in the county. Said tax shall be in addition to all other taxes and shall be used exclusively in assisting, prompting and encouraging the location of new industries in Seminole County by the purchase of non-interest bearing stocks, debentures or Revenue certificates in Seminole Industries, Incorporated, a Georgia corporation with its only offices in Seminole County. Said corporation shall manage and use such funds to purchase real property and buildings and to construct buildings for sale or lease to industries. The funds received from such sales and leases shall go into a revolving fund for the purpose of purchasing other real property and buildings or constructing buildings to sell or lease to additional industries. Said corporation is authorized to enter into any agreement or contract with any parties, to include any industry, that it deems advisable in the best interests of the county within the scope of this paragraph; provided, however, all acts, agreements and contracts by said corporation relative to use and management of these funds shall be subject to the approval of the Board of Commissioners of Roads and Revenues of Seminole County. Said corporation shall be entitled to deduct operational expenses, as approved by the aforesaid board of commissioners, from the funds provided for in this paragraph. Said corporation may at any time redeem any stocks, debentures or Revenue certificates issued to Seminole County by paying said county their face value and the funds so paid upon such redemption shall be turned into the general treasury of the county. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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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 Board of Commissioners of Roads and Revenues of Seminole County to levy a tax not to exceed five mills for industrial purposes through investment in Seminole Industries, Incorporated. Against ratification of amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Seminole County to levy a tax not to exceed five mills for industrial purposes through investment in Seminole Industries, Incorporated. 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. Approved March 25, 1958.
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GILMER COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 90 (House Resolution No. 276-687i). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by districts; to provide an effective date; 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, as amended by an amendment applying to the Board of Education of Gilmer County found in Ga. Laws 1953, Nov.-Dec. Sess., page 544, is hereby amended by striking the aforesaid amendment applying to Gilmer County and inserting in lieu thereof the following: The Board of Education of Gilmer County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Gilmer County is hereby divided into five education districts. Education district No. 1 shall be composed of militia district #850 (Ellijay). Education district No. 2 shall be composed of militia district #864 (Tickanetley), militia district #932 (Cartecay), militia district #1341 (Diamond), militia district #1355 (Alto), and militia district #1498 (Bucktown). Education district No. 3 shall be composed of militia
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district #1035 (Leaches), militia district #1091 (Ball Ground), militia district #1135 (Town Creek), and militia district #1302 (Coosawattee). Education district No. 4 shall be composed of militia district #958 (Mountaintown), militia district #1009 (Tails Creek), and militia district #1274 (Ridgeway). Education district No. 5 shall be composed of militia district #907 (Boardtown) and militia district #1136 (Cherry Log). The Board of Education shall be composed of one member from each education district. Any person, in order to be eligible for membership on the board to represent an education district, must reside in the district which he represents, and each member from an education district shall be elected and voted on only by the voters of his own district. The first members of the board to be elected by districts as provided herein shall be elected at the general election in 1960 and shall take office January 1, 1961. The members elected from education districts No. 1, 2 and 3 shall take office for a term of four years, and the members elected from education districts No. 4 and 5 shall take office for a term of two years. Such members shall serve until their successors are elected and qualified and all future members shall be elected for a term of four years and until their successors are elected and qualified. All future elections shall be held at the same time as elections for the members of the General Assembly from Gilmer County are held, and the members elected shall take office on the first day of January immediately following their election. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a person who resides in the district in which the vacancy
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exists who shall serve for the unexpired term. In the event a person who represents an education district moves his residence from such district, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies. At the election in 1958, the members of the board shall be elected under the terms of the aforesaid amendment applying to Gilmer County, but the terms of the members so elected shall expire on December 31, 1960, and the Board as provided in the aforesaid amendment shall expire and be abolished on such date. The Board of Education of Gilmer County, as created 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 tihs 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by districts. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by districts.
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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. Approved March 25, 1958. LIBERTY COUNTY INDUSTRIAL AUTHORITY. Proposed Amendment to the Constitution. No. 91 (House Resolution No. 274-687g). A Resolution. Proposing an amendment to the Constitution so as to create the Liberty County Industrial Authority; 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 VII, Section V, Paragraph I of the Constitution relating to taxing power and contributions of counties, municipalities and political subdivisions of the State is hereby amended by adding at the end thereof the following: There is hereby created a body, corporate and politic,
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to be known as the Liberty County Industrial Authority to consist of a minimum of three (3) and a maximum of five (5) citizens of Liberty County appointed by the governing authority of Liberty County and the Representative of Liberty County in the General Assembly. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the Representative shall serve a term which shall coincide with his term in the General Assembly. The purpose of the Liberty County Industrial Authority is the developing and promoting for the public good and welfare industry within Liberty County, and funds, property and assets of whatever kind or description of the Authority are hereby declared to be exempt from all taxation by the State, any county, municipality or any political subdivision thereof. The Authority shall not be empowered or authorized to create a debt as against the State of Georgia or Liberty County. Liberty County is hereby authorized to levy and collect an annual ad valorem tax not exceeding two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth. The General Assembly is hereby authorized to enact legislation to implement this amendment in any manner it sees fit. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thrids 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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For ratification of amendment to the Constitution so as to create a Liberty County Industrial Authority. Against ratification of amendment to the Constitution so as to create a Liberty County Industrial Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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. Approved March 25, 1958. BACON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 92 (House Resolution No. 378-894d). Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bacon County by the people; 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,
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is hereby amended by adding at the end thereof the following: The Board of Education of Bacon County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Bacon County is hereby divided into three education districts. The Northeast education district shall consist of all that territory in Bacon County lying northeast of Hurricane Creek, excluding any such territory embraced within the corporate limits of the City of Alma. The Southwest education district shall consist of all that territory in Bacon County lying southwest of Hurricane Creek, excluding any such territory embraced within the corporate limits of the City of Alma. The Alma education district shall consist of all that territory in Bacon County embraced within the corporate limits of the City of Alma. Any person, in order to be eligible for membership on the board to represent an education district, must reside in the district which he represents, but all members of the board shall be elected by the voters of the entire county. In the event this amendment is ratified, it shall be the duty of the Ordinary of Bacon County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election. The ordinary shall set the date for such election for either December 15, 16, 17, 18, 19 or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Bacon 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 at least once preceding the date of the election in the official organ of Bacon County. The members elected at such election shall take office
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January 1, 1959, and shall serve for a term of two years and until their successors are elected and qualified. Successors to such members shall be elected in 1960 at the general election at which county officers are elected, and the persons elected as members shall take office January 1, 1961, for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for county officers of Bacon County are held and the members elected shall take office on the 1st day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified. There shall be two members of the board from the Northeast education district, two members of the board from the Southwest education district and one member of the board from the Alma education district. The two persons receiving the highest number of votes in the Northeast education district shall be the members of the board therefrom, and the two persons receiving the highest number of votes in the Southwest education district shall be the members of the board therefrom. At elections in each of said districts, persons voting shall vote for two members. The person receiving the highest number of votes in the Alma education district shall be the member of the board therefrom. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a person from the district in which the vacancy occurs, and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies. The members of the board, at the first meeting after their election and after their taking office, shall elect their own chairman, who shall serve for the full four-year term. The first members elected hereunder shall elect a chairman who shall serve for the two-year term.
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Each June and each December, the board shall publish in the oficial organ of Bacon County, a financial statement which will show the financial condition of the board, and shall be accompanied by a summary of the audit of the affairs of the board, and shall specifically include the audit relative to the operation of the school lunchroom program. No school real property shall be sold or otherwise disposed of except under sealed bids, and no sale or other disposition shall be valid unless at least three bids shall be received. Notice of such sale or disposition, including the date by which bids must be received and the time and place of the opening thereof shall be published once a week for four weeks immediately preceding the date on which bids may be finally received in the official organ of Bacon County. Any property other than real property, having a value of more than $100.00, may not be sold or disposed of except under the same procedure applicable to real property. The terms of the members of the Board of Education serving at the time of the ratification of this amendment shall continue through December 31, 1958, but the terms of all such members shall expire on that date and the Board of Education of Bacon County in effect at that time shall stand abolished. The Board of Education of Bacon County, as created 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. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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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 Bacon 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 Bacon 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 of the Governor, who shall issue his proclamation thereon. Approved March 25, 1958. STATE EDUCATION MEDICAL BOARD. Proposed Amendment to the Constitution. No. 93 (Senate Resolution No. 94). A Resolution. Proposing an amendment to the Constitution, so as to clarify the provision for the creation of a State Medical Education Board; to provide for the granting of
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scholarships to physicians and other personnel desiring specialized training in the psychiatric field; to provide for the repayment of such scholarships; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution as amended, particularly as set forth by a Resolution proposing an amendment approved February 21, 1951 (Ga. L. 1951, p. 861), is hereby amended by striking the first paragraph proposed by said amendment and inserting in lieu thereof the following: There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the president of the Medical Association of Georgia, one of whom shall be the immediate past president of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board shall hold office for a term of four years beginning on the first day of April, 1953 and every four years thereafter the Governor shall appoint three members for a term of four years and shall appoint the president and the immediate past president of the Medical Association of Georgia pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment of the Governor for the unexpired term. And by striking from the amendment proposed by said Resolution section 1-A and inserting in lieu thereof the following: Section 1-A. The State Department having control and supervision of the diagnosis, care, and treatment of mentally ill persons in this State is hereby authorized to extend scholarships to physicians and other personnel
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for specialized training, so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a condition to the grant of such scholarships, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State, under the supervision of the State, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for enforcing the service required under this Paragraph shall be the same as those provided for medical grants and scholarships and such other remedies as may be provided by law. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of psychiatry. Against ratification of amendment to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of psychiatry. 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 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. Approved March 25, 1958. PUBLICATION BY DEPARTMENT OF MINES, MINING AND GEOLOGY. No. 94 (House Resolution No. 54-148a). A Resolution. Whereas, Georgia is endowed with mineral resources in unusual variety and in some instances in almost unlimited quantity; and, Whereas, mining is one of the important industries of the State of Georgia; and, Whereas, the teachers and students of the public schools of the State do not presently have adequate opportunity to learn about minerals, mineral production and the geology of the State of Georgia; and Whereas, the study of mineralogy, geology and water resources is a basic science; Therefore, be it resolved by the General Assembly that, it would be to the best interest of the people of Georgia to encourage the study of minerals, geology and water resources in the public schools of the State,
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including grammar schools, high schools and certain other State institutions; to familiarize teachers and students with Georgia minerals, the location of such mineral deposits, approved methods of mining, production, benefication and identification of the common, economic and gem minerals, particularly as is applied to the State of Georgia, and to print publications on such subjects for distribution; to prepare exhibits; to obtain suitable specimens for exhibition; to obtain specimens of minerals in order to prepare school museum collections; to organize work projects and similar instructional procedures; to employ suitable trained personnel for this purpose; and to purchase equipment and facilities necessary to the carrying out of this objective. Be it further resolved by the General Assembly that the Governor be requested and he is hereby authorized to allocate the sum of not less than thirty thousand ($30,000.00) dollars for this purpose from any available funds. Be it further resolved that said sum when so allocated shall be disbursed under the direction of the State Department of Mines, Mining and Geology. Approved March 25, 1958. CITY OF MACONSAFETY OF BUILDINGS. Proposed Amendment to the Constitution. No. 95 (House Resolution No. 482-1165a). A Resolution. To propose to the qualified voters of the City of Macon an amendment to Article I, Section IV, Paragraph I, of the Constitution of Georgia, so as to authorize the Mayor and Council of the City of Macon to enact and
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administer ordinances, rules and regulations establishing standards and procedure for determining whether any building or structure in said city is unsafe or unfit for human habitation, and is a nuisance; to provide for the submission of the amendment for ratification by the qualified voters of the City of Macon; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article I, Section IV, Paragraph I, of the Constitution of Georgia, as the same has heretofore been amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows: And except that the Mayor and Council of the City of Macon may enact and administer ordinances, rules and regulations establishing standards and procedure for determining whether any building or structure in said city is unsafe or is unfit for human habitation, and is a nuisance. Section 2. Be it further enacted by the authority aforesaid, that whenever the proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3's) of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one newspaper in Bibb County, Georgia, within which county the said City of Macon is located, for two months previous to the time of holding the next General election. Section 3. Be it further enacted by the authority aforesaid, that the proposed amendment shall be submitted for ratification or rejection to the people of the City of Macon at the next general election to be held after said amendment has been published as provided in the preceding section, at which every person shall
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be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article I, Section IV, Paragraph I, of the Constitution of Georgia authorizing the Mayor and Council of the City of Macon, to establish standards and procedure for determining whether any building or structure is a nuisance. 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 I, Section IV, Paragraph I of the Constitution of Georgia, authorizing the Mayor and Council of the City of Macon, to establish standards and procedure for determining whether any building or structure is a nuisance. If the amendment is 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 the Constitution of Georgia. 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. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 25, 1958.
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DEKALB COUNTYAUTHORITY TO INSTALL AND MAINTAIN STORM SEWERS AND STREET LIGHTS. Proposed Amendment to the Constitution. No. 96 (House Resolution No. 443-1109b). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers and street lights within said county; to levy taxes and/or assessments or service charges for construction, maintenance and operation of same without exemptions and without regard to uniformity; to provide for the submission of this amendment for ratification or rejection at the next general election; 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, of the Constitution of the State of Georgia of 1945 be, and the same is hereby amended by adding a new paragraph thereto, which shall read as follows: The Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, as the governing authority of said county, is hereby authorized and empowered to establish districts for the purpose of building, erecting, establishing, maintaining and operating within DeKalb County; storm sewers for the removal and disposal of surface waters and streams; street lights and lamps for illumination of the public streets, roads, sidewalks and ways situated in said county; or either one of the foregoing. For the carrying out of the aforesaid powers and purposes, said board of commissioners shall be further authorized to levy a tax and/or special assessments on the full
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tax assessed value of all property in said districts without exemption for the aforesaid purposes or make service charges against all businesses and residents served by said facilities, or either of said facilities, as said board of commissioners shall deem necessary for the services rendered, all without regard for uniformity. The same shall be collected by the tax commissioner of said county and may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for State and county taxes. Said board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services. 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 and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945 as amended. 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, maintenance and operation of storm sewer and street light districts within DeKalb County. Against ratification of amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer and street light districts within DeKalb 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
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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. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 9, January 16, January 23. The DeKalb New Era, /s/ W.H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 10th day of February, 1958. /s/ Ann Hardy, Notary Public, DeKalb County, Georgia. My Commission Expires July 26, 1961. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, Session of the General Assembly
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of Georgia, a bill proposing an amendment to the Constitution of Georgia to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to build, maintain and operate storm sewers and street lights in said county, and to provide for levying taxes and/or assessments for financing same; and for other purposes. This 7th day of January, 1958. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay, Representatives, DeKalb County. 1-9-3t Approved March 25, 1958. SECRETARY OF STATE AUTHORIZED TO OBTAIN CONFEDERATE ARMY AND OTHER RECORDS. No. 98 (House Resolution No. 331-785f). A Resolution. Authorizing the Secretary of State to obtain certain records of the Confederate Army and other records for Georgia; and for other purposes. Whereas, the records of the Confederate Army and other records for Georgia are now in the National Archives and Records Service in Washington, D. C., and Whereas, such records would prove invaluable to the State and its citizens, and Whereas, it is possible to obtain such records for the State at a cost of approximately $17,000.00,
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Now, therefore, be it resolved by the General Assembly of Georgia that the Secretary of State is hereby authorized to take whatever steps necessary to obtain the aforesaid records at a cost not to exceed $20,000.00. Be it further resolved that the Budget Bureau is hereby authorized and directed to provide the funds necessary to carry out the purposes of this resolution from any available funds. Approved March 25, 1958. INSTITUTE OF LAW AND GOVERNMENT TO INVESTIGATE ADVISABILITY OF STAFF SERVICES FOR LEGISLATURE. No. 100 (House Resolution No. 349-838a). A Resolution. To request the Institute of Law and Government of the School of Law of the University of Georgia to study the fact-finding and other staff services of the Legislature of other states and to report the results of its study to the members of the 1959 General Assembly. Whereas, the effective and economical operation of the State Legislature is essential to the best interests of the people of the State of Georgia, and Whereas, significant progress has been made in recent years in improving the legislative process in the State of Georgia, and Whereas, the individual legislator is in need of more assistance in gathering factual and objective information about the wide variety of matters which come before each session of the General Assembly, and
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Whereas, it is desirable that careful and comprehensive studies of selected problems be made from time to time for the benefit of the General Assembly as a whole, and Whereas, many legislatures of other states have created permanent staff services to assist the individual legislator and to conduct studies as directed by committees of the Senate and House, and Whereas, such services have materially aided the individual legislator in evaluating the merits of proposed legislation and in efficiently performing the duties of his office, and Whereas, it may be to the interest of the State of Georgia that additional services be made available to the members of the General Assembly of the State of Georgia, and Whereas, the Institute of Law and Government of the School of Law of the University of Georgia can make such a study without the expenditure of additional funds, and Whereas, it has a staff well qualified to conduct such a study, Now, therefore, be it resolved that the House of Representatives request the Institute to initiate and carry out a study of the fact-finding and other staff services of the Legislatures of other States and report the results of its study to the duly elected members of the 1959 General Assembly, such report to be placed in their hands as soon after their election as may be feasible, and Further, that the Institute inform the members of the General Assembly as to the programs conducted by other States to acquaint new members regarding legislative procedures and their responsibilities, rights and duties as members of the Legislature. Approved March 25, 1958.
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JUSTICES AND JUDGES EMERITUS MAY PRESIDE OVER COURTS. Proposed Amendment to the Constitution. No. 101 (House Resolution No. 313-772d). A Resolution. Proposing an amendment to the Constitution so as to provide that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts; 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 VI, Section XIII, Paragraph II of the Constitution, is hereby amended by striking said Paragraph II in its entirety and inserting in lieu thereof a new Paragraph II to read as follows: Paragraph II. Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall
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be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts. Against ratification of amendment to the Constitution so as to provide that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior 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 issue his proclamation thereon. Approved March 25, 1958.
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CITY OF EAST POINTOFF STREET AUTOMOBILE PARKING FACILITIES. Proposed Amendment to the Constitution. No. 103 (House Resolution No. 360-874b). A Resolution. Proposing an amendment to the Constitution of this State so as to authorize the City of East Point in the County of Fulton to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the Revenue Certificate Law of 1937 as amended, and as the same may be hereafter amended, to provide funds for the purchase of lands and the construction and establishment thereon of off-street automobile parking lots and facilities, and to authorize said City of East Point to equip, maintain and operate such parking lots and facilities; to provide for the submission of this amendment for ratification; and for other purposes. Be it resolved by the General Assembly of Georgia that: Section 1. Article VII, Section VII, Paragraph V of the Constitution of Georgia relating to issuance of revenue anticipation obligations be and the same is hereby amended by adding at the end thereof an additional sub-paragraph reading as follows: Provided that the City of East Point in the County of Fulton, shall have power and authority to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the Revenue Certificate Laws of 1937 as heretofore amended and as the same may hereafter be amended, to provide funds for the purchase of lands and the construction and establishment
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thereon of off-street automobile parking lots and facilities, and said city shall have power and authority to equip, maintain and operate such parking lots and facilities; and to use funds appropriated in 1956 for such purposes, said appropriation being hereby validated and ratified. Section 2. When this resolution shall have been agreed to by two-thirds of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the Georgia Assembly as provided by the Constitution. At said general election those desiring to vote in favor of said amendment shall have written or printed on their ballots the words, For ratification of amendment to Article VII, Section VII, Paragraph V of 1945 Constitution of Georgia, authorizing the City of East Point to establish and operate off-street parking facilities. Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article VII, Section VII, Paragraph V of 1945 Constitution of Georgia, authorizing the City of East Point to establish and operate off-street parking facilities. Section 3. This amendment shall be published before said general election as now provided by law. If at said general election a majority of the qualified voters voting thereon as provided in the Constitution of Georgia of 1945, vote in favor of the ratification of this amendment, the same shall, upon the result thereof being ascertained and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Approved March 25, 1958.
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BARTOW COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 104 (House Resolution No. 269-687b). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the County Superintendent of Bartow County by the people; 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, as amended by an amendment applicable to Bartow County found in Ga. Laws 1953, Nov.-Dec. Session, p. 540, is hereby amended by striking from the aforesaid amendment applying to Bartow County the last paragraph as follows: The Board of Education of Bartow County shall, by a majority vote, elect a school superintendent of Bartow County who shall serve at the pleasure of the board. The compensation and qualifications of the superintendent shall be as provided by law. The school superintendent of Bartow County serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future superintendents shall be elected by the board as provided heretofore. and inserting in lieu thereof the following: The school superintendent of Bartow County shall be elected by the people of Bartow County as provided by the Constitution prior to the passage of the amendment which authorized the Board of Education to elect such superintendent. The first election by the people shall take place in 1960 at the same time as the members
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of the Bartow County Board of Education, who are elected in that year, are elected. The superintendent elected at that time shall take office January 1, 1961, and until such time, the superintendent elected by the board shall continue to serve. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 County School Superintendent of Bartow County by the people. Against ratification of amendment to the Constitution so as to provide for the election of the County School Superintendent of Bartow 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
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ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved March 25, 1958. AUTHORITY TO GENERAL ASSEMBLY, SUBJECT TO REFERENDA, OVER BIBB COUNTY. Proposed Amendment to The Constitution. No. 106 (House Resolution No. 363-874e) A Resolution. Proposing an amendment to the Constitution of the State of Georgia to be known and designated as Paragraph X of Section 1 of Article XI of the Constitution of the State of Georgia, authorizing the General Assembly of Georgia by legislation subject to referenda to create and to abolish municipal or county or combined governments, governing authorities and public agencies within the limits of Bibb County; to transfer or combine and consolidate governments and/or functions of government within the limits of Bibb County; to make such other provisions relative thereto as may be necessary or desirable for the effectuation of these purposes; 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, and it is hereby resolved by authority of the same as follows: Section 1. The Constitution of the State of Georgia is hereby amended by adding thereto a new paragraph to be known as Paragraph X of Section 1 of Article XI, and which shall read as follows: The General Assembly shall have power, by legislation
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to create, designate and name other and different municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards and bureaus within the limits of Bibb County; to abolish municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards and bureaus within the limits of Bibb County; and to transfer or combine and consolidate any or all of the several powers, authorities, duties, liabilities and functions vested in any municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board or bureau now or hereafter existing within the limits of Bibb County with those powers, authorities, duties, liabilities and functions vested in any other municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board or bureau now or hereafter existing within the limits of Bibb County; all subject only to such limitations as are within this paragraph provided. To that end, and without limiting the generality of the foregoing, the General Assembly is authorized to: 1. Specify the respective methods of selection, terms, compensation, powers, authority, duties, liabilities and functions of the public officers of any such municipal or county or combined government, governing authority, political subdivision, public agency, court, office, board of bureau. 2. Vest in any such municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board or bureau created hereunder such powers as it shall deem proper, and, additionally to provide that any such governing authority, government or political subdivision shall have such rights, powers, duties and liabilities as are now or may hereafter be vested in
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municipalities or counties or both by the Constitution of Georgia or by other provisions of law. 3. Provide for the districting of the area of Bibb County or any political subdivision therein into such districts as it shall from time to time determine, authorize that the rate and manner of taxation imposed may vary as to persons and properties within any district, and in such way as to reasonably reflect the kind, character, amount and degree of governmental services afforded the several persons and properties within such district, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such government, governing authority, political subdivision or public agency may vary from district to district. 4. Specify the purposes for which any such government, governing authority, political subdivision or public agency created hereunder may levy taxes, and further to specify the debt limitations applicable to any such government, governing authority, political subdivision or public agency. 5. Authorize the preservation of homestead and other exemptions from taxation now or hereafter specified in this Constitution. 6. Authorize the transfer of assets, contracts and franchises from any existing government, governing authority, political subdivision or public agency within Bibb County to any appropriate successor. 7. Provide for the preservation of all existent civil service, pension and retirement rights, provide for the assumption of obligations including any bonded indebtedness outstanding against any existent government, governing authority, political subdivision or public agency within Bibb County by any appropriate successor, and prescribe how any successor government, governing authority, political subdivision or public
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agency shall assume the payment of any obligations issued under the Revenue Certificate Law. 8. Delegate all powers held by the General Assembly under this Paragraph to any government, governing authority, political subdivision or public agency created by it hereunder insofar as the same may pertain to such government, governing authority, political subdivision or public agency. 9. Enact such other legislation as the General Assembly shall deem proper relating to the government or administration of any political subdivision, public agency, court, office, officer, board or bureau now or hereafter located within the limits of Bibb County, subject only to the limitations herein expressed and irrespective of whether specifically mentioned herein. Nothing herein contained shall be construed as authorizing the General Assembly to: 1. Abolish any State or County court, the office of Sheriff of Bibb County, or any of the offices of Bibb County now required to exist by other provisions of this Constitution. 2. Alter the status of the Board of Public Education and Orphanage for Bibb County, the Macon-Bibb County Board of Health, the Macon-Bibb County Planning and Zoning Commission, or any constitutional provision by which any such named agency was authorized or preserved. Provided, however, that neither of the foregoing two limitations applicable to the designated courts, offices, officers, boards and commissions which are presently serving the entire area shall be construed as prohibiting the General Assembly from adding to or increasing the functions of the public offices, officers or agencies herein next above described, nor from exercising any legislative control with respect thereto which existed prior to the adoption of this paragraph.
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Provided, further, that such relation as such office, officer or agency presently has with the governing authority of any municipality or county or both abolished under the authority hereof, it shall continue to have with such newly created appropriate successor governing authority. 3. Enact any legislation under this authority without making the effectiveness thereof contingent upon its approval by concurrent majorities of those qualified voters of such several area or areas, political subdivision or political subdivisions as may be directly affected thereby voting at public referenda to be held as shall in such legislation be prescribed. The powers herein granted to the General Assembly: 1. Are remedial and shall be liberally construed to effectuate their purpose. 2. May be exercised by it notwithstanding any other provision of this Constitution or of law. 3. Shall not be exhausted by their initial exercise, but may be exercised from time to time as said General Assembly may determine. 4. Are cumulative of all other powers now held by the General Assembly, and are not in lieu 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, such proposed amendment shall be published and submitted as provided in Paragraph I of Section I of Article XIII of the Constitution of Georgia of 1945, as amended. 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 authorize the General Assembly by legislation subject to referenda to create and to abolish municipal, county or combined governments, governing authorities, and public agencies within Bibb County and to transfer or combine and consolidate such governments and functions of such governments. Against ratification of amendment to the Constitution so as to authorize the General Assembly by legislation subject to referenda to create and to abolish municipal, county or combined governments, governing authorities, and public agencies within Bibb County, and to transfer or combine and consolidate such governments and functions of such governments. 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 Paragraph I of Section I of Article XIII 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. Approved March 25, 1958.
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COUNTIES, MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS MAY ISSUE REVENUE ANTICIPATION OBLIGATIONS TO PURCHASE TRANSIT EQUIPMENT. Proposed Amendment to The Constitution. No. 107 (House Resolution No. 256-662f). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as section 2-6005, so as to authorize any county, municipal corporation or political subdivision of this State to provide funds for the purchase of busses, trolleys, and other transit equipment and properties used by or useful for street railroads and motor common carriers in the operation of their businesses; and for sale or lease by any county, municipal corporation or political subdivision of this State, of said busses, trolleys, and other transit equipment and properties to said companies upon such terms as may be agreed upon; to provide for the method of payment of said certificates and interest thereon by pledging revenue derived from the sale and leasing of said busses, trolleys, and other transit equipment and properties; to provide that said certificates and the pledge of revenues to pay same shall not be a debt of the respective issuing political subdivision within the meaning of Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia, incorporated in the Code of Georgia of 1933 as section 2-6005, shall be amended, adding to the end
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thereof a new paragraph to be numbered 3 as follows: Provided, however, that revenue anticipation obligations may be issued by any county, municipal corporation, or political subdivision of this State to provide funds for the purchase of busses, trolleys, and other transit equipment and properties used by or useful for street railroads and motor common carriers in the operation of their businesses; and for the sale or lease by any county, municipal corporation or political subdivision of this State, of said busses, trolleys and other transit equipment and properties to said companies upon such terms as may be agreed upon. Such revenue anticipation obligations shall be payable as to principal and interest only from revenue produced by such transactions, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of the Constitution as amended; and no such issuing political subdivision shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Such certificates may be issued bearing rate or rates of interest and maturing at the years and amounts as determined by the governing body of the issuing political subdivision, and when so authorized, the procedure of issuance and delivery, including validation, shall be in all respects in accordance with the Revenue Certificate Law of 1937, as amended, as if said certificates had been originally authorized to be issued thereunder. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds of the members of each House, with the Ayes and Nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be
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submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article VII, Section VII, Paragraph V, of the Constitution authorizing any county, municipal corporation, or political subdivision to issue revenue certificates from time to time for the purchase, sale and lease of busses, trolleys and other transit equipment and properties used by, or useful for, street railroads and motor common carriers, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against ratification of amendment of Article VII, Section VII, Paragraph V, of the Constitution authorizing any county, municipal corporation, or political subdivision to issue revenue certificates from time to time for the purchase, sale and lease of busses, trolleys and other transit equipment and properties used by, or useful for, street railroads and motor common carriers, 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 amendments shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Approved March 25, 1958.
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GEORGIASTATE SONGARRANGEMENTS. No. 108 (House Resolution No. 432-1070g). A Resolution. Relative to the State song; and for other purposes. Whereas, the official State song adopted by the General Assembly of Georgia in 1922 (Ga. L. 1922, p. 1141), entitled Georgia, with words by the famous Georgia poet Robert Loveman and music by Lollie Belle Wylie is recognized as a wonderful State song, appropriate both as to words and music, and Whereas, it is well known by school children, teachers and various organizations, but has not been generally used successfully for group singing because of one slight probelm of rhythm in three measures, and Whereas, it has been unofficially changed by many groups who have sung it, and Whereas, Mrs. Esther W. Barnes has made the desirable changes in the song, a copy of which is on file in the Secretary of State's office, and Whereas, such changes have been endorsed by many civic groups over the State, members of the Georgia Federation of Women's Clubs, members of the Music Educators Association and by classroom teachers, and Whereas, it is desirable that permission be granted for arrangements be made of the State song for band and choral groups for State, civic and school purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the official State song, Georgia, with the changes made by Mrs. Barnes as aforesaid is hereby adopted, and the changes as made are hereby ratified.
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Be it further resolved that although the song may not be used for commercial purposes, permission is hereby granted for arrangements to be made for band and choral groups for State, civic and school purposes. Be it further resolved that the Secretary of State is hereby instructed to keep the copy of said song, which is on file in his office, in a suitable place so that an official copy shall always be available. Approved March 25, 1958. ERADICATION OF BOLL WEEVIL. Proposed Amendment to The Constitution. No. 109 (House Resolution No. 447-1109f). A Resolution. Proposing an amendment to the Constitution, so as to provide for the payment of one hundred thousand ($100,000.00) dollars in connection with the eradication of the boll weevil in this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II, Subparagraph I of the Constitution relating to gratuities, as amended, is hereby amended by adding at the end thereof the following: The General Assembly is authorized to provide by law for the payment of one hundred thousand ($100,000.00) dollars to the first person, firm or corporation or combination thereof, who shall devise, invent, discover or otherwise develop a practical method to eradicate the boll weevil in this State at a
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reasonable cost. The Commissioner of Agriculture, the Director of Entomology and the Director of Experiment Station of the College of Agriculture are hereby vested with authority to determine whether the method developed is practical and whether the boll weevil may be eradicated at a practical cost by the use of any such method. The General Assembly shall provide for the method of payment by the Governor. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 payment of one hundred thousand ($100,000.00) dollars to the first person, firm or corporation developing a practical method for eradicating the boll weevil at a reasonable cost. Against ratification of amendment to the Constitution so as to authorize the payment of one hundred thousand ($100,000.00) dollars to the first person, firm or corporation developing a practical method for eradicating the boll weevil at a reasonable cost. 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
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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. Approved March 25, 1958. CONGRATULATIONS TO CENTRAL PRESBYTERIAN CHURCH. No. 110 (House Resolution No. 396). A Resolution. Whereas, on February 14, 1858, a band of devoted Christians met and established the Central Presbyterian Church of Atlanta, Georgia, directly across from this State Capitol, dedicating it to the Glory of God and the Advancement of His Kingdom; and Whereas, the Central Presbyterian Church has remained in this location for one hundred years despite war, depression, and the encroachment of a vibrant, living city; and, Whereas, this Church has always opened its doors and its heart to those in need of spiritual refreshment, and has labored long and diligently in the Master's service among the indigent and sick of our community, inspired by leaders who have left an indelible imprint upon our memories; and Whereas, the week of February 9-16, 1958, will be devoted to services at the Church in celebration of this Centennial, and the members of the General Assembly have been cordially invited to attend these services;
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Now, therefore, be it resolved by the House of Representatives, the Senate concurring, That both Houses of the General Assembly do tender their heartfelt appreciation of the work being done in the Master's name by this great Church, and join with the many citizens of the City of Atlanta in extending congratulations during this, their Centennial Celebration. Be it further resolved that both Houses do commend the excellent leadership of the present pastor, the Honorable Dr. Stuart R. Oglesby, the inspiration of former pastors, including Dr. Ben R. Lacy, Jr., and Dr. Givens B. Strickler, and others, and urge the people of our community to attend the great meetings to be conducted by the Honorable Dr. William M. Elliott, Jr., and the Honorable Dr. Ben R. Lacy, Jr., the latter being the only living former pastor of this Church. We regard the Central Presbyterian Church as our neighbor, we rejoice in its accomplishments, and we pray our Father that it will continue its wonderful service in His name for a second one hundred years. Be it further resolved that a copy of this resolution be sent to the Central Presbyterian Church, the Honorable Dr. Stuart R. Oglesby, the Honorable Dr. William M. Elliott, and the Honorable Dr. Ben R. Lacy, Jr., with the best wishes of the Senate and the House of Representatives of the Sovereign State of Georgia. Approved March 25, 1958.
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SCHLEY COUNTY BOARD OF EDUCATION. Proposed Amendment to The Constitution. No. 111 (House Resolution No. 252-662b). A Resolution. Proposing an amendment to the Constitution to provide for the election of the members of the County Board of Education of Schley County by the voters of the entire county; to retain the present board of education to a certain date; to repeal a resolution proposing an amendment to the Constitution to provide for the election of the members of the county board of education of Schley County by the voters of the entire county; approved March 8, 1957 (Ga. L. 1957, p. 351); to provide for the submission of the amendment to the people 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 striking the first paragraph of section I of an amendment proposed by a resolution found in Ga. L. 1950, p. 490, ratified at the general election of 1950, and by substituting in lieu thereof a new paragraph so that the first paragraph of section 1 of the amendment to the Constitution as amended hereby shall read: Section 1. The members of the County Board of Education of Schley County shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the judge of the superior court for the unexpired term. Two members from militia district No. 1, known as the Ellaville district; and one member from militia
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district No. 882, known as the LaCrosse district; and one member from militia district No. 785, known as the Lickskillet district; and one member from militia district No. 946, known as the Patton Hill district shall be elected to serve on the board. The registered and qualified voters of the entire county shall vote for the election of the member of members from each district. The Board of Education of Schley County in office at the time of the effective date of this amendment shall be abolished effective January 1, 1961, and the terms of all members of such board shall expire on such date. Section 2. A Resolution proposing an amendment to the Constitution to provide for the election of the members of the County Board of Education of Schley County by the voters of the entire county, approved March 8, 1957 (Ga. L. 1957, p. 351), is hereby repealed. 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 been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution providing for the election of the members of the County Board of Education of Schley County by the voters of the entire County. Against ratification of the amendment to the Constitution providing for the election of the members of
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the County Board of Education of Schley County by the voters of the entire 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 effective January 1, 1960. 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. Approved March 25, 1958. ESTABLISHMENT OF COLLEGES BY POLITICAL SUBDIVISIONS. Proposed Amendment to the Constitution. No. 112 (House Resolution No. 268-687a). A Resolution. Proposing an amendment to the Constitution so as to authorize certain political subdivisions of the State to establish colleges; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII of the Constitution is amended by inserting following section 4 thereof a new section which shall be known as section 4 (A), and which shall read as follows:
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Section 4 (A). Every city, county, county school system, independent school system, school system established prior to the adoption of the Constitution of 1877 and any other political subdivision of the State created for college purposes and possessing the power to levy or to recommend the levy of a tax is hereby empowered with authority to establish a college or colleges. The General Assembly may authorize by local legislation the establishment of a college or colleges by any of the political subdivisions of this State enumerated above in combination with one or more other such political subdivisions. Any such legislation shall also contain the governmental organization of the combined political subdivisions and an authorization to levy a tax for college purposes over the entire area contained in such combination of political subdivisions. Any college or colleges established by virtue of the authority contained in this Section of the Constitution shall be established under the terms of appropriate legislation of a general nature which shall contain a provision that the location, establishment and plan of operation of such college or colleges shall be approved by the Board of Regents of the University System prior to the establishment of such college or colleges. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 certain political subdivisions of the State to establish colleges.
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Against ratification of amendment to the Constitution so as to authorize certain political subdivisions of the State to establish colleges. 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. Approved March 25, 1958. TAXATION TO SUPPORT PEACE OFFICERS ANNUITY AND BENEFIT FUND. Proposed Amendment to the Constitution. No. 113 (House Resolution No. 369-881a). A Resolution. Proposing an amendment to the Constitution so as to authorize the levying of taxes for the purpose of paying retirement benefits, costs of administration and other benefits to the peace officers of this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section II of the Constitution,
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relating to purposes and method of taxation, is hereby amended by adding at the end thereof a new Paragraph, to be known as Paragraph VI, to read as follows: Paragraph VI. The powers of taxation over the whole State may be exercised by the State through the General Assembly for the purpose of paying retirement benefits, cost of administration and other benefits to the peace officers of this State under the provisions of the Act creating the Peace Officers' Annuity and Benefit Fund of Georgia, as now or hereafter amended. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 levying of taxes for the purpose of paying retirement benefits, costs of administration and other benefits to the peace officers of this State. Against ratification of amendment to the Constitution so as to authorize the levying of taxes for the purpose of paying retirement benefits, costs of administration and other benefits to the peace officers of this State. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the
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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. Approved March 25, 1958. HALL COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 116 (House Resolution No. 416-1044c). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Sec. V, Par. I of the Constitution of the State of Georgia so as to provide for the election of members of the Board of Education of Hall County, Georgia; to prescribe the procedure connected therewith; to provide for the duties of said elected members; 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, Sec. V, Par. I of the Constitution of the State of Georgia relating to County Boards of Education, is hereby amended by adding at the end thereof the following: The Board of Education of Hall County, Georgia shall be composed of nine members, to be elected by
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the qualified voters of the county who reside outside any independent school district within the county. At the general election at which county officers are elected in 1960, five members of the board of education shall be elected to take office January 1, 1961, for initial terms of four years, and four members of the board of education shall be elected to take office January 1, 1961, for initial terms of two years. All future members of the board of education after said initial terms shall be elected for four-year terms at the same time county officers are elected and shall serve for four-year terms and until their successors are elected and qualified. Such members shall take office on the first day of January immediately following their election. Board members one through five shall be elected for initial terms of four years, and board members six through nine shall be elected for initial terms of two years. Candidates in all primary elections and in the general election for membership on the board of education shall qualify with proper authority for the office of board member one or board member two or board member three or board member four or board member five or board member six or board member seven or board member eight or board member nine and there shall be separate races for each office in each primary and general election at which the offices are to be filled. No person shall be eligible for membership on the board of education unless he or she shall have been a citizen of Hall County for at least two years preceding the date of the general election and unless he or she is a graduate of a high school. The members of the board shall elect their own chairman and such other officers as they deem necessary. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a person to fill the vacancy, and such person shall serve for the remainder of the unexpired term. The terms of all members appointed by the grand jury of Hall County
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as heretofore provided for in this Constitution prior to this amendment shall expire on December 31st, 1960. The Board of Education of Hall County, as created herein, shall elect a person to serve as county school superintendent. The person serving as county school superintendent, whose term expires December 31, 1960, shall continue to serve until such time. No person shall be elected by the people in 1960 to serve as county school superintendent, but the members of the board who take office January 1, 1961 shall meet immediately thereafter for the purpose of electing a superintendent. If, for any reason, a school superintendent is not elected immediately, the person serving as county school superintendent on December 31, 1960, shall serve as such until the board elects a superintendent as provided for herein. No person shall be eligible to be elected as superintendent by the board unless such person possesses a degree from an accredited college or university and has had three years of practical teaching experience. The board is authorized to prescribe such other qualifications as it deems desirable for the superintendent. The superintendent shall be elected by a majority vote of the board for a term not exceeding four years by written resolution which shall be placed on the minutes of the Hall County Board of Education. The board of education of Hall County, as provided for herein, and 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 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
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for adoption or rejection in the 1958 General Election as provided for in the Constitution of Georgia as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution increasing Hall County Board of Education to nine elected members on January 1, 1961, and Against ratification of amendment to the Constitution increasing Hall County Board of Education to nine elected members on January 1, 1961. 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 provided in 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. Approved March 25, 1958.
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HANDLING OF FEDERAL SOIL BANK PROGRAM. No. 119 (House Resolution No. 484). A Resolution. Relative to the handling of the Soil Bank Program. Whereas, Georgia cotton farmers are presently in the midst of the greatest turmoil since Reconstruction Days, due in large part to the insufficiency of Soil Bank funds; and Whereas, only about half the Georgia cotton farmers who desired to participate in the Soil Bank Program are now participating; and Whereas, the other half are not entitled to any benefits due to the fact that they applied too late after being told that there was sufficient time to participate in said program, and they were not permitted to participate due to a lack of funds in the Soil Bank program; Now, therefore, be it resolved by the General Assembly of Georgia that the administration of the Soil Bank Program be handled in such a way as to enable all farmers to participate therein; Be it further resolved that the United States Congress be urged and memorialized to make available sufficient funds to enable all farmers desiring to participate in the program to do so; Be it further resolved that a copy of this Resolution be transmitted to each member of the Georgia delegation in Congress and to the Secretary of Agriculture of the United States and to the Honorable John Bradley, Chairman, State Agricultural Stabilization and Conservation Service. Approved March 25, 1958.
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LAND CONVEYANCE TO MRS. W. P. ENGLISH AND MR. PIERCE R. ENGLISH. No. 120 (House Resolution No. 400-968c). A Resolution. Authorizing the Governor, in his discretion, acting for and on behalf of the State of Georgia, to convey or re-convey certain lands owned by the State Highway Department of Georgia in Warren County, Georgia, to Mrs. W. P. English and Pierce R. English for a consideration of one dollar ($1.00). Whereas, on the 1st day of September, 1955, Mrs. W. P. English and Pierce R. English, of Warren County, Georgia, did execute a warranty deed to the State Highway Department of Georgia for certain lands set forth and described in said deed, said lands totalling 7.71 acres, and having been conveyed by the grantors for a State Aid Road, known as Project No. SP 1984 on State Highway No. 17; and Whereas, through a mutual mistake of the said grantors and the State Highway Department of Georgia, as grantee, there was included in the above referred to 7.71 acres of land, 0.26 acres of land, which was not required for the right of way of said project on said highway but which was needed only for the purposes of a construction easement, and, by such mutual mistake, fee simple title to said 0.26 acres was conveyed to the State Highway Department of Georgia; and Whereas, said 0.26 acres of land, in Warren County, Georgia, a plat of which is hereto attached and made a part hereof is better described as follows: All that tract or parcel of land lying adjacent to a line which is sixty (60) feet west of and parallel to the center line of Georgia Highway Project F 046-3 (2), said parcel of land lying in G. M. district 153 in Warren
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County, Georgia, more particulary described as follows: Beginning at a point which is opposite station 119+00 on the center line of Georgia Highway Project F 046-3 (2) and on a line which is sixty (60) feet west of and parallel to the center line of said project; running thence S15-10 W. along said parallel line two hundred fifty (250) feet to a point opposite station 116+50 on the center line of said project; thence N 74-50 W. along a straight line sixty-five (65) feet to a point opposite said station 116+50 and on a line which is one hundred twenty-five (125) feet west of and parallel to the center line of said project; thence N 15-10 E along said latter parallel line one hundred (100) feet to a point opposite station 117+50 on the center line of said project; thence N 38-36 E along a straight line one hundred sixty-three and five tenths (163.5) feet back to the point of beginning; and Whereas, in the interest of justice and equity, it is desirable that the said mutual mistake be corrected and the said lands re-conveyed to the said grantors, Mrs. W. P. English and Pierce R. English. Now, therefore, be it resolved by the General Assembly of Georgia: That the Governor be and he is hereby authorized, if he deems it to be in the best interest of the State of Georgia, to convey said 0.26 acres of land, as heretofore described and as shown by the attached plat thereof, or any lesser interest therein or portion thereof, to the said Mrs. W. P. English and Pierce R. English, the said deed from the Governor to be a quit claim deed and for a consideration of one dollar ($1.00). Plat attached to Enrolled Resolution. Approved March 25, 1958.
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DISPOSITION OF LEESBURG STATE FARMERS' MARKET PROPERTY. No. 121 (House Resolution No. 486). A Resolution. Relative to the disposition of the Leesburg State Farmers' Market property; and for other purposes. Whereas, the Board of Commissioners of Roads and Revenues conveyed to the State of Georgia for use as a State Farmers' Market a certain tract of land in Lee County known as the Leesburg State Farmers' Market property; and Whereas, the demand for the facility located thereon has diminished to the extent that it is not profitable for the State to maintain said facility; and Whereas, said facility is not now being operated as a State Farmers' Market and the Board of Commissioners of Roads and Revenues of Lee County desire to use the aforesaid property for county purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor be and he is hereby authorized to convey to the Board of Commissioners of Roads and Revenues of Lee County that property known as the Leesburg State Farmers' Market property in Lee County, Georgia. The consideration for such conveyance shall be nominal, the use and benefit of the State in the aforesaid property constituting full and satisfactory consideration. Approved March 25, 1958.
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PROTESTING PROPOSED CUT IN STRENGTH OF NATIONAL GUARD. No. 122 (House Resolution No. 470). A Resolution. Protesting a proposed decrease in the strength of the National Guard; and for other purposes. Whereas, the Department of Defense has made a proposal that the strength of the National Guard be drastically reduced; and Whereas, the Department of Defense has as its objective the federalization of the National Guard and the strengthening of the Army reserve; and Whereas, such a proposal is merely another in a long line of proposals to drastically curtail States' rights; and Whereas, its is extremely detrimental not only to the State of Georgia, but to every other state in the union for such a cut to be made in the personnel and strength of the National Guard; Now, therefore, be it resolved by the General Assembly of Georgia that this body go on record as strongly protesting any proposal to decrease the strength of the National Guard, and requests and urges the members of the Georgia Congressional delegation to do all in its power to defeat and stop this proposal. Be it further resolved that the clerk of the House is hereby instructed to transmit a copy of this Resolution to each member of the Georgia Congressional delegation. Approved March 25, 1958.
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JUSTICE COURTS, ETC., ABOLISHED IN SPALDING COUNTYOTHER COURT AUTHORIZED. Proposed Amendment to the Constitution. No. 123 (House Resolution No. 455-1109n). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace in Spalding County; to authorize the establishment of a new court in Spalding 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 VI, Section VII, Paragraph I of the Constitution, relating to justices of the peace, is hereby amended by striking the words County of Glynn and inserting in lieu thereof the words Counties of Glynn and Spalding. Provided, however, that any court created in Spalding County pursuant to the provisions contained herein shall not have any greater jurisdiction than the jurisdiction of justice courts, and the General Assembly may provide by law for the designation of justices of the peace for the purpose of issuing criminal warrants, and any person, in order to be eligible to serve as judge of any such court, must be a practicing attorney, so that when so amended, said Paragraph I shall read as follows: Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the
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peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject matter as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or 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 laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the offices of Justice of the Peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the Counties of Glynn and Spalding: Provided, however, that any court created in Spalding County pursuant to the provisions contained herein shall not have any greater jurisdiction than the jurisdiction of justice courts, and the General Assembly may provide by law for the designation of justices of the peace for the purpose of issuing criminal warrants, and any person, in order to be eligible to serve as judge of any such court, must be a practicing attorney, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together
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with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said 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. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace and notary public ex-officio justices of the peace in Spalding County and to create a new court. Against ratification of amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justice of the peace
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and notary public ex-officio justices of the peace in Spalding County and to create a new court. 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. Approved March 25, 1958. CITY OF EAST POINTUSE OF TAX FUNDS. Proposed Amendment to the Constitution. No. 125 (House Resolution No. 359-874a). A Resolution. Proposing an amendment to the Constitution of this State to authorize the governing authority of the City of East Point in the County of Fulton to appropriate and expend or cause public funds of said city, raised by taxation or otherwise, to be expended in such amounts as said governing authority may determine is prudent and advisable in advertising and public relations to cause commerce and industry to locate and remain in said city; to provide for the submission of this amendment for ratification; and for other purposes.
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Be it resolved by the General Assembly of Georgia that: Section 1. Article VII, Section V, Paragraph I of the Constitution of Georgia relating to taxing power of municipal corporations be and the same is hereby amended by adding a new paragraph to said section reading as follows: Provided that the governing authority of the City of East Point in the County of Fulton is hereby authorized and empowered to appropriate and expend or cause public funds of said city, raised by taxation or otherwise, to be expended in such amounts as said governing authority may determine is prudent and advisable in advertising and public relations to cause commerce and industry to locate and remain in said city. Section 2. When this resolution shall have been agreed to by two-thirds of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the Georgia Assembly as provided by the Constitution. At said general election those desiring to vote in favor of said amendment shall have written or printed on their ballots the words, For ratification of amendment to Article VII, Section V, Paragraph I of 1945 Constitution of Georgia, authorizing the governing authority of the City of East Point to appropriate and spend public funds to cause commerce and industry to locate and remain in said city. Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article VII, Section V, Paragraph I of 1945 Constitution of Georgia, authorizing the governing authority of the City of East Point to appropriate and spend public funds to cause commerce and industry to locate and remain in said city.
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Section 3. This amendment shall be published before said general election as now provided by law. If at said general election a majority of the qualified voters voting thereon as provided in the Constitution of Georgia of 1945, vote in favor of the ratification of this amendment, the same shall, upon the result thereof being ascertained and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Approved March 25, 1958. EARL NIX BRIDGE DESIGNATED. No. 126 (House Resolution No. 462-1117d). A Resolution. To designate a certain bridge as the Earl Nix bridge; and for other purposes. Whereas, Honorable Earl Nix, a life-time citizen of White County, was killed while working with the State Highway Department; and Whereas, he contributed much to the welfare of his community and served the people of his locality and his State with honesty and efficiency; and Whereas, the citizens of the locality where he lived are desirous of honoring his memory with some tangible evidence of their esteem; Now, therefore, be it resolved by the General Assembly of Georgia that the bridge which spans Turner Creek on U. S. Route No. 129, approximately two and one-half (2) miles nor of Cleveland, Georgia, is hereby designated as the Earl Nix bridge. The State
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Highway Department is hereby authorized and directed to place suitable markers so designating said bridge. Be it further resolved that a copy of this Resolution be transmitted by the clerk to the widow of Mr. Nix, Mrs. Earl Nix, who is the Tax Commissioner of White County. Approved March 25, 1958. FUNDS FOR JUVENILE DETENTION HOME ACT. No. 127 (House Resolution No. 489). A Resolution. Authorizing funds for the activation of the provisions of House Bill 897; and for other purposes. Whereas, the House of Representatives has approved House Bill 897; providing for the construction of Juvenile detention homes, and it is contemplated that the Senate will also pass this bill and that the Governor will approve both of the aforesaid bills; and Whereas, the exact cost of the construction of detention homes is not available, nor is the cost of the operation of such homes; Now, therefore, be it resolved by the General Assembly of Georgia that if the aforesaid bills are approved by the Governor that the Governor, as Director of the Budget Bureau, is hereby authorized to provide the necessary funds from any available source to activate the provisions of the aforesaid bills. Approved March 25, 1958.
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TERRELL COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 128 (House Resolution No. 418-1044e). A Resolution. Proposing an amendment to the Constitution so as to create the Terrell County 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. 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 Terrell County to be known as the Terrell County Development Authority which shall be an instrumentality of Terrell County 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 reappointment. The members shall be elected by a majority of the Board of Commissioners of Roads and Revenues of Terrell County. The first members shall be elected for terms of one, two, three, four and five years, and thereafter their successors shall be elected to serve a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. 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 a member of the Board of County
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Commissioners of Terrell County, 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 Terrell County. 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 limits of Terrell County; (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Terrell County which in the judgment of the Authority will be of benefit to the people of said county. 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 Terrell County 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 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
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may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Terrell County, and to make long-range plans therefor; (8) 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; (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) 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 State of Georgia or Terrell 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 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 no compensation for their services to the Authority. H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Terrell
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County, is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificates, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest on such Revenue Certificates as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills. I. The Commissioners of Roads and Revenues are also authorized, in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, 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. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Terrell County and its citizens, industry, agriculture and trade within the County of Terrell, and making long-range plans for such development and expansion and to authorize the use of public funds of Terrell County 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
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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 Terrell County, and the scope of its operations shall be limited to the territory embraced within Terrell County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Terrell 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 Terrell 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 create the Terrell County Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. Against ratification of amendment to the Constitution so as to create the Terrell County Development
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Authority and to provide for powers, authority, funds, purposes and 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. Approved March 25, 1958. CHATHAM COUNTYSCHOOL TAX LEVY. Proposed Amendment to the Constitution. No. 129 (House Resolution No. 460-1117b). A Resolution. Proposing an amendment to the Constitution so as to limit the authority of the fiscal authority of Chatham County to levy a tax for the support and maintenance 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 VIII, Section XII, Paragraph I of the Constitution, as amended, relating to taxation by counties for education is hereby amended by adding
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at the end of the first paragraph the following: Provided further, however, the levy of said tax in Chatham County shall be in an amount not less than one (1) mill nor greater than fifteen (15) mills, so that the first paragraph of said section shall read: Paragraph I. The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham county and the city of Savannah, being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. Provided further, however, the levy of said tax in Chatham County shall be in an amount not less than one (1) mill nor greater than fifteen (15) mills. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 limit the tax that may be levied for educational purposes in Chatham County. Against ratification of amendment to the Constitution so as to limit the tax that may be levied for educational purposes in Chatham 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 issue his proclamation thereon. Approved March 25, 1958. JUDGES EMERITUS OF ATLANTA JUDICIAL CIRCUIT. Proposed Amendment to the Constitution. No. 130 (House Resolution No. 466 (1120b). A Resolution. Proposing to the qualified voters of Georgia an amendment to Article VI, Section XIII, of the Constitution of Georgia of 1945, relating to the qualifications of justices, judges, etc., by adding thereto an additional paragraph to be known as Paragraph III, relating to Judges Emeritus of the Atlanta Judicial Circuit. Be it resolved by the General Assembly of the State of Georgia, as follows: Section 1. Article VI, Section XIII, of the Constitution of 1945, relating to the qualifications of justices, judges, etc., be amended by adding thereto a third
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paragraph to be known as Paragraph III, which shall read as follows: Paragraph III. Notwithstanding the last sentence of Paragraph II of this section of the Constitution no act of the General Assembly shall be required to make effective the provisions hereinafter made in this Paragraph. All judges emeritus of the superior courts, who, prior to becoming such, were judges of the Superior Court of the Atlanta Judicial Circuit, are hereby authorized and empowered to preside in the superior court of such circuit and to discharge all of the duties of judge of the superior court of said circuit without request and at such times as each such judge emeritus may deem that his services may be of assistance in the operations of the court. Each such judge emeritus shall be provided offices in the courthouse and shall be entitled to the same secretarial assistance and all other rights, powers, benefits, perquisites, supplements and prerogatives as are provided by Fulton County for judges of the superior court of said circuit. All laws of the State of Georgia relating to superior court judges emeritus, where not contrary to the provisions hereof, shall be applicable to the judges emeritus referred to herein. Section 2. When this resolution shall have been agreed to by two-thirds of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution. At said general election those desiring to vote in favor of said amendment shall have written or printed on their ballots the words, For ratification of the amendment to Article VI, Section XIII, of the Constitution of Georgia of 1945, relating to judicial service by Judges Emeritus of the Superior Courts Atlanta Judicial Circuit. Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words: Against
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ratification of the amendment to Article VI, Section XIII, of the Constitution of 1945, relating to judicial service by Judges Emeritus of the Superior Courts Atlanta Judicial Circuit. Section 3. This amendment shall be published before said general election as now provided by law. If at said general election a majority of the qualified voters voting thereon as provided in the Constitution of Georgia of 1945, vote in favor of the ratification of this amendment, the same shall, upon the result thereof being ascertained and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Approved March 25, 1958. LEGISLATIVE INTENT IN ADOPTING CODE ANN. 38-711 EXPRESSED. No. 131 (House Resolution No. 467). A Resolution. Declaration of Legislative intent with respect to interpretation of Code section 38-711. Whereas, this Legislative Body of the State of Georgia in 1952, under the Act approved February 15, 1952, (Ga. L. 1952, p. 177, House Bill No. 665), enacted what is now codified as Code section 38-711, and which section is as follows: 38-711. Writings, Records, Entries, and Memoranda Made in Regular Course of Business. Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event shall be admissible
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in evidence in proof of said act, transaction, occurrence or event, if the trial judge shall find that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence or event or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility. The term business shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not. This section shall be liberally interpreted and applied. and Whereas, the Court of Appeals of the State of Georgia on May 23, 1957, by its interpretation in the case of Kenneth P. Knudsen, Jr. v. Duffee-Freeman, Inc., 95 Ga. App. 872, seriously limited the meaning, effect and legislative intent of said section; and Whereas, in the enactment of said section it was the intent of this body that said Act be given a broad and liberal interpretation in order to simplify the trial of cases and eliminate the inconvenience and expense of calling into Court as witnesses those whose record of events, were made and recorded at the time of the happening of such events, and were otherwise shown to be creditable, and were properly vouched for and identified as required by such section; Therefore, it is the purpose of this Resolution for this body to go on record by the adoption of the same as indicating its intent that said section, namely, Code section 38-711, be given a liberal interpretation so that records, whether hospital records or otherwise, made in the ordinary course of business and made as a memorandum or record of an event at or near the time it occurred, or within a reasonable time thereafter, would
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be admissible in evidence without the necessity of producing the party or parties who made such entries, provided such records are properly vouched for as provided in Code section 38-711, and that such records shall be admissible in the trial of all cases even though the right of cross-examination is denied by the application and effect of said Code section 38-711. Approved March 25, 1958. LUMPKIN COUNTYAMOUNT OF BONDED INDEBTEDNESS. Proposed Amendment to the Constitution. No. 132 (House Resolution No. 380-894f). A Resolution. Proposing an amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of the taxable property in Lumpkin 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 VII, Section VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following: Notwithstanding the seven per cent limitation herein provided, bonds may be issued for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of all the taxable property in Lumpkin County. Section 2. When the above proposed amendment to
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the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 issuance of bonds for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of the taxable property in Lumpkin County. Against ratification of amendment to the Constitution so as to provide for the issuance of bonds for school purposes in Lumpkin County not to exceed ten per cent of the assessed value of the taxable property in Lumpkin 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. Approved March 25, 1958.
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CONVEYANCE OF STAINED GLASS WINDOW TO NEWTON COUNTY AUTHORIZED. No. 133 (House Resolution No. 420-1044g). A Resolution. Authorizing the Governor and the Secretary of State to convey a certain stained glass window to Newton County; and for other purposes. Whereas, in the year 1896, Mrs. William C. Clarke did present to the State of Georgia on behalf of the Ladies Executive Committee and Newton County a stained glass window; and Whereas, such stained glass window depicted the cultural adchievements of Newton County and the history of such county; and Whereas, such window had been an integral part of the exhibit of Newton County at the Cotton States Exposition; and Whereas, for many years the stained glass window was proudly displayed by the State in the State Library; and Whereas, now the State Library has moved to new quarters and no longer has a place to properly display said window; and Whereas, the citizens of Newton County are desirous to have said window returned to them; Now, therefore, be it resolved by the General Assembly of Georgia, that the stained glass window above referred to is hereby declared surplus and of no further value to the State. The Governor and the Secretary of State are hereby authorized to return to Newton County said stained glass window. Approved March 25, 1958.
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DeKALB COUNTYASSESSMENT FOR GARBAGE DISPOSAL. Proposed Amendment to the Constitution. No. 134 (House Resolution No. 444-1109c). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to provide systems of garbage disposal; to provide for the division of said county into such territorial sanitation districts as said board shall deem advisable; to provide for service charges against residents and businesses served by such garbage disposal facilities; to provide for the compliance with rules and regulations adopted by said Board by all businesses and residents in said districts; to provide for the issuance of executions for said services; to provide for the submission of this amendment for ratification or rejection at the next general election; 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, of the Constitution of the State of Georgia of 1945 be, and the same is hereby amended by adding a new paragraph thereto, which shall read as follows: The Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, as the governing authority of said county, in addition to all powers heretofore conferred upon it, is hereby authorized and empowered to provide systems of garbage disposal in said county. For the carrying out of such purpose, said board of commissioners shall be authorized to establish sanitation districts in such territorial areas of the county as it deems advisable and to levy assessments or make service charges against all businesses, residents and property served by said garbage disposal facilities as said Board shall deem necessary for the
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services rendered in said sanitation districts, without regard for uniformity. Said board of commissioners shall have the power and authority to require and compel all businesses located therein and all persons residing in said area to comply with all rules and regulations adopted by said board for garbage disposal facilities. The assessments or service charges levied to pay the cost of such garbage disposal systems may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for county taxes and shall be collected by the tax commissioner of said county in the same manner as taxes are collected. 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 and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945 as amended. 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 of sanitary districts and service charges for garbage disposal facilities within DeKalb County. Against ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb 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
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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. Approved March 25, 1958. WAYNE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 135 (House Resolution No. 364-874f). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the board of education of Wayne County by the people; 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 Wayne County shall be composed of six members, to be elected as hereinafter provided. For the purpose of electing such members, Wayne County is hereby divided into five education districts.
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Education district No. 1 shall be composed of militia district #333 (Gardi) and militia district #1313 (Mt. Pleasant). Education district No. 2 shall be composed of militia district #1519 (Madray Springs). Education district No. 3 shall be composed of militia district #583 (Odum). Education district No. 4 shall be composed of militia district #1217 (Screven) and militia district #1526 (Ritch). Education district No. 5 shall be composed of militia district #1255 (Jesup). The board of education of Wayne County shall be composed of one member from each of the education districts and one member from the county at large. Any person offering as a candidate to represent an education district on the board must be a resident of the district from which he offers. The sixth member may be elected from any school district in the county. All of the members of the board of education shall be elected by the voters of the entire county. Any person offering as a candidate for the county board of education shall declare at the time he qualifies whether he is offering as a candidate to represent his education district or whether he is offering as a candidate as a member at large. In the event this amendment is ratified, it shall be the duty of the ordinary of Wayne County to issue the call for an election, which call shall be issued at least thirty (30) days prior to the date of such election. The ordinary shall set the date for such election for a day between the 15th and 20th days of December, inclusive, in the year 1958. Such election shall be for the purpose of electing the first members of the board of education of Wayne County created under this amendment, and it shall be the duty of the ordinary to publish
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the date of the election, the purpose thereof, and a brief explanation of the voting procedure at least once preceding the date of the election, in the official organ of Wayne County. The members elected at such election shall take office January 1, 1959. The members elected from education districts No. 1 and No. 2 shall serve for a term of two years and until their successors are elected and qualified. The members elected from education district No. 3 and No. 4 shall serve for a term of four years and until their successors are elected and qualified. The members elected from education district No. 5 and from the county at large shall serve for a term of six years and until their successors are elected and qualified. All future members shall be elected for a term of six 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 Wayne County are elected, and the members elected shall take office on the first day of January immediately following their election. At the first meeting in January, 1959 and at the first meeting in January each two years thereafter, the members of the board shall elect a chairman for the next two years thereafter. Any member of the board shall be eligible to succeed himself as chairman. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall elect a person who shall serve for the unexpired term. In the event of a tie vote on the board, the County School Superintendent is hereby authorized to vote. In the event a person who represents an education district moves his residence from such district, a vacancy shall exist from such district. The board of education of Wayne County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1958, and the terms of all members of such board shall expire on such date.
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The Wayne 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 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 members of the Board of Education of Wayne County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Wayne 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
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the result and certify the result to the Governor, who shall issued his proclamation thereon. Approved March 25, 1958. DeMOLAY WEEK PROCLAIMED. No. 137 (House Resolution No. 514). A Resolution. Whereas, the Order of DeMolay has as its basic purpose, the creation of standards of character and ideals of citizenship; and Whereas, it is the aim of the Order of DeMolay to bring its program of character training directly to the largest possible number of young men who are destined to be outstanding citizens in their respective communities; and Whereas, through various community service projects such as traffic safety, blood donation, civil defense, anti-communism and numerous other civic projects DeMolay chapters all over Georgia are working for the betterment of their respective communities; and Whereas, the Associated DeMolay Chapters of Georgia will hold its annual conclave in Fitzgerald, Georgia on August 8, 9, 10, 1958 and Senator Herman Talmadge and other distinguished Georgians will be guests at this the thirty-seventh annual meeting; and Whereas, the General Assembly of the State of Georgia wishes to recognize the Order of DeMolay as a great reservoir of excellent young men approaching maturity; Now, therefore, be it resolved by the General Assembly of Georgia that it extend its appreciation for
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the magnificient service rendered to Georgia's young men and communities by the Order of DeMolay during its thirty-seven years of life in Georgia; and Be it further resolved that the General Assembly of the State of Georgia officially proclaims the week of August 8, 9, 10, 1958 to be DeMolay Week in Georgia and be duly proclaimed by the Governor of Georgia and a committee of the General Assembly of the State of Georgia be appointed to represent said body at the annual Georgia State DeMolay Conclave in August. Approved March 25, 1958. PROPOSED CUT IN ARMED FORCES PROTESTED. No. 138 (House Resolution No. 507). A Resolution. Whereas, the President's proposed budget for the fiscal year 1958-1959 calls for a ten per cent cut in the strength of the reserve components of the armed forces, despite the fact that the Department of Defense advocates increasing the strength of the reserve components to compensate for reductions in the strength of the active forces; and Whereas, this proposed reduction in the strength of the reserve components follows reductions recently made in the active forces, comes at a time of great international tension, and apparently is based upon other than military decisions; and Whereas, the strength of both the active and reserve components of the armed forces of this nation should be determined by military considerations and not by political considerations or temporary budget balancing measures that will cost much more in the long run than they will save; therefore
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Be it hereby resolved that the Governor and the General Assembly of Georgia urgently request the Honorable Richard B. Russell, Chairman of the Senate Armed Services Committee, and the Honorable Carl Vinson, Chairman of the House Armed Services Committee, to sponsor an amendment to the budget proposed by the President, to restore the cuts in the appropriations for the reserve components of the armed forces, and furthermore urge the other members of both houses of the Congress to support this amendment; and Be it further resolved that the Honorable Richard B. Russell and the Honorable Carl Vinson also are urged to seek the enactment of legislation to make it mandatory that all funds appropriated by the Congress be made available to the agencies of the government for which they are appropriated, and the Director of the Bureau of the Budget be expressly forbidden to defeat the will of the Congress by withholding from any agency of the government funds provided for it in the budget adopted by the Congress. Approved March 25, 1958. E. CUYLER ADAMS BRIDGE DESIGNATED. No. 139 (House Resolution No. 401-968d). A Resolution. To designate the bridge over Turkey Creek on State Highway No. 112, three miles East of Allentown, as the E. Cuyler Adams Bridge; and for other purposes. Whereas, Honorable E. Cuyler Adams has served his community, county, state and nation well and has served as a rural mail carrier for thirty-three years and as a farmer, businessman and a civic and religious leader in his community; and
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Whereas, it is only just and proper that recognition be made for his services to his generation; Now, therefore, be it resolved by the General Assembly of Georgia that the bridge spanning Turkey Creek, three miles East of Allentown on State Highway No. 112, be and is hereby designated as the E. Cuyler Adams Bridge. Be it further resolved that the State Highway Department is hereby authorized and directed to place a suitable plaque and appropriate marker at the approaches to said bridge, so as to inform all persons of this designation. Approved March 25, 1958. WILLIAM R. SMITH ELEMENTARY SCHOOL DESIGNATED. No. 140 (House Resolution No. 388). A Resolution. To name the St. Marys Elementary School posthumously for a distinguished Camden County citizen. Whereas, William R. Smith was a noted Camden County educator and was an early propagator for the consolidation of rural schools, and; Whereas, this distinguished Georgian was dedicated to home, family, church and community, and; Whereas, his memory is held in reverance by all who knew him, and; Whereas, our school system is a better and more progressive institution due to the tireless efforts of William R. Smith during the time he served as superintendent of schools, and;
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Whereas, it is fitting and proper that his name should be memoralized as it has been enshrined in the memory of Camden County citizens. Now, therefore, be it resolved by the House of Representatives, that: the St. Marys Elementary School be named for William R. Smith, and shall hereafter be known as, The William R. Smith Elementary School. Be it further resolved that a copy of this resolution be furnished the Camden County Board of Education, the Commissioners of Roads and Revenues of Camden County and the State Board of Education. Be it further resolved, and it is directed that the Camden County Board of Education make this of record and place a befitting marker, plaque or other means of identification on the aforesaid building. Approved March 25, 1958. PIERCE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 142 (House Resolution No. 259-662i). A Resolution. Proposing an amendment to the Constitution, so as to provide for the election of the members of Board of Education of Pierce County; to provide a 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,
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as amended, is hereby amended by adding at the end thereof the following: The Board of Education of Pierce County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members Pierce County is hereby divided into four education districts. Education district No. 1 shall be composed of the territory within the corporate limits of the City of Blackshear. Education district No. 2 shall be composed of militia district No. 584, known as the Blackshear militia district, outside the corporate limits of the City of Blackshear. Education district No. 3 shall be composed of militia district No. 1181, known as the Patterson Militia District. Education district No. 4 shall be composed of all of Pierce County, other than education districts No. 1, No. 2 and No. 3. Any person offering as a candidate to represent an education district on the board must reside in the educational 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. The members of the board shall be elected by the qualified and registered voters of the entire county. One member shall be elected from education district No. 1, one member shall be elected from education district No. 2, one member shall be elected from education district No. 3, and two members shall be elected from education district No. 4.
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In the event this amendment is ratified, it shall be the duty of the Ordinary of Pierce 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 fifth and fifteenth of December, inclusive, in the year 1958. 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 at least two times preceding the date of the election in the official organ of Pierce County. The members elected at such election shall take office January 1, 1959. The members elected from education districts No. 1 and No. 3 shall serve for a term of four years and until their successors are elected and qualified. The members elected from education districts No. 2 and 4 shall serve for a term of two years and until their successors are elected and qualified. All future elections for successors shall be held on the same day that members of the General Assembly from Pierce County are elected. The members shall take office on the first day of January immediately following their election, and the members so elected shall serve for a term of four years and until their successors are elected and qualified. In the event 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 education 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 in effect at the time of ratification of this amendment shall be abolished effective December 31, 1958, and the terms of office of all members of such board shall expire on such date. The County Board of Education provided for herein shall be subject to all Constitutional provisions and
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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 county board of education shall annually elect one of their members as chairman of said board and such chairman shall be elected at the first meeting of the board held in each year. The members of the board shall be compensated in the amount of $240.00 per annum. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 members of the Pierce County Board of Education. Against ratification of amendment to the Constitution so as to provide for the election of members of the Pierce 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
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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. Approved March 25, 1958. USE OF BATTLE FLAG OF THE CONFEDERACY FOR COMMERCIAL PURPOSES DEPLORED. No. 144 (House Resolution No. 520). A Resolution. Relative to the battle flag of the Confederacy; and for other purposes. Whereas, it has been brought to the attention of the General Assembly that the battle flag of the Confederacy has been and is being used for commercial purposes; and Whereas, the battle flag of the Confederacy is a symbol of the historic past of this State, and presently forms an integral part of the flag of this State; and Whereas, it is an insult to the memory of our dead heroes and an affront to the good taste of all true Georgians to permit this historic flag to be used for commercial purposes; Now, therefore, be it resolved by the General Assembly of Georgia that this body does deplore the present use of replicas of the battle flag of the Confederacy for crass and commercial purposes. Be it further resolved that this body does respectfully request all citizens of this great State to refrain
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from using this symbol of our past in a manner other than with the utmost respect. Approved March 25, 1958. FOUNDERS OF TRINITY CHURCH PLAN FOUNDATION COMMENDED. No. 145 (House Resolution No. 410). A Resolution. Whereas, the Trinity Church Plan Foundation, a non-profit organization, was chartered in 1956 by the Superior Court of Fulton County, Georgia, for the purpose of assisting the churches of all denominations with their building programs, and has now functioned for a period of one year; and Whereas, during this period it has successfully assisted some 36 churches with their building programs in Georgia and other states across the country for a total of over two million dollars; and Whereas, the founders, Judge Joseph S. Crespi, Honorable Clifford W. Milam, and Honorable Mary Jeanne Johnson, have devoted considerable time and energy to the said Foundation for the good of the people and thereby bringing goodwill to the people of Georgia; and Whereas, the Advisory Board of said Foundation consists of prominent Georgians for the most part, and other prominent citizens in the sister states, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the founders of the Trinity Church Plan Foundation be commended for their efforts as above set out, and that they be urged and requested to continue their excellent work
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on behalf of the churches in Georgia and throughout the country. Be it further resolved that the clerk of the House send a copy of this Resolution to the Trinity Church Plan Foundation. Approved March 25, 1958. TAX TO SUPPORT SCHOOL LUNCH PROGRAMS. Proposed Amendment to the Constitution. No. 147 (House Resolution No. 164-519a). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section II, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section II, Paragraph I of the Constitution of Georgia of 1945, as amended, is amended by adding at the end thereof a new subparagraph to read: Subparagraph 10. For school lunch purposes. 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, such proposed amendment shall be published and submitted as provided in Article III, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes. Against ratification of amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes. 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. Approved March 25, 1958.
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TAXATION TO PAY COSTS OF ORDINARIES' RETIREMENT FUND. Proposed Amendment to the Constitution. No. 149 (House Resolution No. 435-1071b). A Resolution. Proposing an amendment to the Constitution so as to authorize taxation for the purpose of paying pensions and other benefits and costs under an ordinaries retirement system; 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 II of the Constitution, relating to purposes and method of taxation, is hereby amended by adding at the end thereof a new paragraph, to be known as Paragraph VI, to read as follows: Paragraph VI. The powers of taxation may be exercised by the State through the General Assembly, and the counties, for the purpose of paying pensions and other benefits and costs under an ordinaries retirement system of Georgia. The taxes so levied may be collected by such ordinaries pension system or agents or officials designated by the legislature and disbursed by said system by authority of the General Assembly for the purposes herein authorized. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII,
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Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 that taxation may be exercised for the purpose of paying pensions and other benefits and costs under an ordinaries retirement system. Against ratification of amendment to the Constitution so as to provide that taxation may be exercised for the purpose of paying pensions and other benefits and costs under an ordinaries retirement system. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If 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. Approved March 25, 1958.
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COLQUITT COUNTYOCCUPATION TAXES. Proposed Amendment to the Constitution. No. 150 (House Resolution No. 354-847a). A Resolution. Proposing to the qualified voters of Colquitt County, Georgia, an amendment to Article VII, Section IV, Paragraph I (Ga. Code Ann. Sec. 2-5701) of the Constitution of the State of Georgia, to empower the Board of Commissioners of Roads and Revenues of Colquitt 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 Colquitt County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupations taxes against different classes of business, and with the further power 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 Colquitt 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. Be it resolved by the General Assembly of the State of Georgia: Section 1. Article VII, Section IV, Paragraph I (Ga. Code Ann. Sec. 2-5701) of the Constitution of the State of Georgia be amended by adding thereto the following new paragraph, to-wit:
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The Board of Commissioners of Roads and Revenues of Colquitt 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 Colquitt 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 Colquitt 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 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 two
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branches of the General Assembly, and the same has been entered on their journals with Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Board of Commissioners of Roads and Revenues of Colquitt County to assess and collect license fees and occupational taxes upon businesses in Colquitt County outside the incorporated limits of municipalities and to regulate same. Against ratification of amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Colquitt County to assess and collect license fees and occupational taxes upon businesses in Colquit County outside the incorporated limits of municipalities and to regulate same. 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. Approved March 25, 1958.
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TURNER COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 152 (House Resolution No. 368-877a). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Turner County by the people; to prescribe the procedures 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 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 Turner County shall be composed of five members to be elected as hereinafter provided: For the purpose of selecting such members, Turner County is hereby divided in five school districts. School district No. 1 shall be composed of Hobby, Davis and Coverdale militia districts; school district No. 2 shall be composed of Dakota and Amboy militia districts; school district No. 3 shall be composed of Rebecca and Clements militia districts; school district No. 4 shall be composed of Sycamore militia district; and school district No. 5 shall be composed of the Ashburn militia district. One member of the board of education shall be elected for each school district from the territory in such school district, but the voters of the entire county shall vote for members in both the primary and general election.
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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 to represent a district unless he has been a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately be vacant. In the event this amendment is ratified, it shall be the duty of the Ordinary of Turner County to issue the call for an election, which call shall be issued at least ten (10) days prior to the date of such election. The ordinary shall set the date for such election for a day between the 15th and 20th days of December, inclusive, in the year 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Turner 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 at least once preceding the date of the election, in the official organ of Turner County. The members elected at such election shall take office January 1, 1959. Of those elected at said election the two receiving the highest and next highest number of votes, respectively, shall serve for a term of four years and until their successors are elected and qualified. The remaining three members elected shall serve for a term of two 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 the member of the General Assembly from Turner County is elected, and the members elected shall take office on the first day of January immediately following their election. 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.
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The Board of Education of Turner County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1958, and the terms of all members of such board shall expire on such date. The Turner 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. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 members of the Board of Education of Turner County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Turner 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
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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. Approved March 25, 1958. YOUTH HONOR DAY. No. 153 (Senate Resolution No. 153). A Resolution. Designating October 31st of each year as Youth Honor Day. Whereas, it is of utmost importance to the welfare of this nation that the youth of this State be given recognition for their outstanding achievements and be encouraged to prepare themselves for their future responsibilities and obligations as citizens of this great nation, and Whereas, The legislatures of several states have adopted resolution designating October 31 of each year as Youth Honor Day, which is appropriately observed in honor of the youth of this nation, and Whereas, The Youth Honor Day program has been of tremendous benefit to the youth of America by providing them with the opportunity to assume the responsibility of governing the conduct of the members of their own group; and Whereas, The adoption of the Youth Honor Day program would prove very beneficial not only to the youth but also to all the people of this State,
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Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of Georgia is hereby requested and urged, pursuant to the authority vested in him by the laws of this State, to issue a proclamation designating October 31st of each year as Youth Honor Day; that the people of this State be urged to actively participate in the observance of this day; and that a suitable copy of this preamble and resolution be forwarded to the Governor, the Honorable Marvin Griffin. Approved March 25, 1958. MEMORIAL TO CONGRESSREPEAL OF EXCISE TAX ON TRANSPORTATION OF PASSENGERS AND FREIGHT. No. 154 (House Resolution No. 374). A Resolution. Memoralizing the Congress of the United States to enact legislation providing for the repeal of the Federal Excise Tax upon the transportation of passengers and freight. Whereas, the Federal excise tax upon the transportation of passengers and freight was adopted in 1942 as a wartime tax to discourage the movement of civilian passengers and freight during World War II, and, Whereas, today, twelve years after the cessation of hostilities, there continues a ten per cent levy on the transportation of passengers and a three per cent levy on the transportation of property, which taxes while collected by the common carriers of transportation by rail, by highway, by water and in the air, are imposed upon and collected from the users of such transportation; and,
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Whereas, millions of dollars in revenues are paid to the State of Georgia by those common carriers; and, Whereas, the tax upon the transportation of freight by reason of the transportation of raw materials to the point of manufacture and from the point of manufacture to processing and ultimate distribution to the consumer, frequently has a cumulative effect resulting a heavy and burdensome tax upon the finished product and the consumer thereof; and, Whereas, such excise taxes on transportation by reason of the distance from the State of Georgia and the markets for Georgia products, agriculture, horticultural and manufactured, impose a heavy and undue burden upon Georgia shippers and also tend to burden tourist travel to and from the State of Georgia; and, Whereas, the continuance of Federal excise taxes upon common carrier transportation of persons and property is no longer necessary; Now, therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring: That we respectfully urge and request the Congress of the United States to enact legislation which will provide for the repeal of the Federal excise taxes upon the transportation of persons and property. Be it resolved that the Secretary of State be directed to transmit a copy of this resolution to the President of the United States, the Vice President of the United States, the Speaker of the House of Representatives of the Congress of the United States, and each member of the Georgia delegation in the United States House of Representatives and the United States Senate and to the respective houses of the legislatures of the several states of the United States. Approved March 25, 1958.
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ROY HEAD BRIDGE DESIGNATED. No. 156 (House Resolution No. 461-1117c). A Resolution. To designate a certain bride as the Roy Head Bridge; and for other purposes. Whereas, the bridge known as the Roy Head Bridge on U. S. Route No. 129 about one (1) mile north of Cleveland, Georgia, is being relocated, and Whereas, said bridge was named for the first soldier killed in World War I from White County, and it is appropriate that the relocated bridge be continued to be known by the same name. Now, therefore, be it resolved by the General Assembly of Georgia that the aforesaid bridge is hereby designated as the Roy Head Bridge. The State Highway Department is hereby authorized and directed to place suitable markers so designating said bridge. Approved March 25, 1958. WASHINGTON COUNTY BOARD OF EDUCATION. Proposed amendment to the Constitution. No. 158 (House Resolution No. 392-940d). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Washington County; to prescribe the procedure connected therewith; to provide for Education Districts; to provide for the appointment of a county school superintendent by the county board of
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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 VIII, Section V, Paragraph I of the Constitution, as amended, relating to county boards of education, is hereby amended by adding at the end thereof the following: The Board of Education of Washington County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Washington County is hereby divided into five education districts. Education district No. 1 shall be composed of: militia district No. 97 (Sandersville), militia district No. 1315 (Tabernacle), militia district No. 93 (Sun Hill), Education district No. 2 shall be composed of: Militia district No. 1488 (Tennille), militia district No. 1399 (Northern), militia district No. 89 (Wommack), militia district No. 91 (Harrison), militia district No. 1345 (Stonewall), Education district No. 3 shall be composed of: Militia district No. 99 (Deepstep), militia district No. 98 (Hebron), militia district No. 90 (Strange), militia district No. 88 (Colsons), Education district No. 4 shall be composed of: Militia district No. 94 (Davisboro), militia district No. 1253 (Riddleville), militia district No. 92 (Josey), militia district No. 1384 (Cleveland), Education district No. 5 shall be composed of: Militia district No. 100 (Clays), militia district No. 136 (Buncombe), militia district No. 1350 (Warthen), militia district No. 96 (Giles), militia district No. 95 (Cato). Each member of the board shall be elected by the voters of Washington County. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers and must have resided in the education district from
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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 the event of a vacancy on the board for any cause other than the expiration of a term of office, the vacancy shall be filled by appointment of the remaining members of the board. It is the intent and purpose of this amendment to provide that each education district shall be represented by a member of said board at all times. In the event this amendment is ratified, it shall be the duty of the Ordinary of Washington County to issue the call for an election, which call shall be issued not later than June 1, 1960, to elect the first members of the County Board of Education of Washington County under this amendment and the ordinary shall set the date for such election for the same day that members of the General Assembly from Washington County are elected in the year 1960. The first members elected at such election shall take office on January 1, 1961 and shall serve for a term of four years and until their successors are elected and qualified. Successors to the members elected at such election and all future elections for members of the board shall be held on the same day that the other county officers of Washington County are elected immediately preceding the expiration of their term of office, and all future members shall be elected for a term of four years and until their successors are elected and qualified. The future members of the board shall take office on January first following their election. The appointive Board of Education of Washington County is hereby abolished effective as of December 31, 1960, and all future members of the County Board of Education of Washington County shall be elected as herein provided. The elective office of county school superintendent
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of Washington County is hereby abolished effective as of December 31, 1960. From and after January 1, 1961, the county school superintendent of Washington County shall be appointed by and serve at the pleasure of the County Board of Education of Washington County. The board shall determine the authority, duty, responsibility and compensation of the county school superintendent. The board of education 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, asmended. 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 Washington County Board of Education and to provide for the appointment of the County School Superintendent of Washington County. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Washington County Board of Education and to
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provide for the appointment of the County School Superintendent of Washington 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. Approved March 25, 1958. COMMITTEE TO INVESTIGATE PERSONS AND ORGANIZATIONS DESTROYING THEIR OWN PROPERTY, ETC. No. 159 (House Resolution No. 341-806c). A Resolution. To create an interim committee of the House for the purpose of studying and drafting prescribed legislation; to define the jurisdiction of said committee and provide for it organization, compensation, powers and duties; to repeal conflicting laws; and for other purposes. Whereas, it has been brought to the attention of the General Assembly that certain persons, firms and corporations have wilfully destroyed their own property for the purposes hereinafter named, and no specific law or laws prohibit same;
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Whereas, it has been brought to the attention of the General Assembly that though the Constitution of this State prohibits peonage there are no criminal penalties for the same in this State, and the laws of other forms of involuntary servitude are incomplete; and Whereas, the income and sales tax laws governing the operation of farms by cooperatives appear to allow unjust exemptions; Now therefore be it resolved by the House of Representatives of Georgia as follows: Section 1. There is hereby created an interim committee of the House, to be composed of five (5) members of the House, to be appointed by the Speaker thereof. Said committee shall convene as soon as possible after adjournment of the General Assembly and organize by electing a chairman. Section 2. Said committee shall study the need or lack of need for laws on the following subjects: (a) Laws making criminal or otherwise prohibiting persons, firms or corporations from engaging in the wilful destruction of their own property, so as (1) to encourage riots, tumults, unlawful assemblies, and (2) to engender hate so as to inflict libel upon citizens and law enforcement officers of this state, and (3) to defraud other persons out of money and other contributions, gifts and donations on the basis of such covert, self-inflicted acts and injuries; (b) The income and sales tax laws, as respects exemptions allowed by law, and the desirability of rendering same or the closing of any existing loopholes, as respects the operation of farms by cooperatives; and, (c) Criminal or other statutes, making criminal or otherwise prohibiting or penalizing peonage or any form of involuntary servitude, or any other laws of like
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character regulating the relationship of employer and employee. Section 3. Each member of the committee shall receive the same per diem compensation plus expenses and allowances provided by law for service on interim committees, not to exceed fifteen (15) days, except that the Speaker may grant additional time upon unanimous recommendation of the committee upon proper cause and need shown. Section 4. Unless continued in effect by law, the Committee shall complete its investigations and make its report, together with any recommendations as to legislation, to the 1959 session of the General Assembly. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1958. DeKALB COUNTYPOWER TO ENACT ORDINANCES, ISSUE BUSINESS LICENSES, AND CREATE A COUNTY RECORDER'S COURT. Proposed amendment to the Constitution. No. 161 (House Resolution No. 442-1109a). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Commissioners of Roads and Revenues of DeKalb County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violation of such ordinances; to authorize the licensing
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and regulation of businesses and levying of license taxes on businesses in the unicorporated area of the county; to authorize the creation of a County Recorder's Court for DeKalb County; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VI, Section I of the Constitution of the State of Georgia of 1945 be, and the same is hereby, amended by adding a new paragraph, which shall read as follows: The General Assembly of the State of Georgia is hereby authorized: 1. To empower the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of DeKalb County, Georgia, and to provide penalties for violations of such ordinances; to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission. 2. To establish and create in and for the County of DeKalb, a County Recorder's Court, which shall have jurisdiction in DeKalb County outside the corporate limits of municipalities and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority
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to inflict punishment and/or penalty for violation thereof; and which shall have such other and further powers as may be prescribed by law. 3. In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amendment, which shall remain of full force and effect, as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part hereof. 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 and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of DeKalb County and enforcement of County ordinances, the creation of a Recorder's Court and the regulation and licensing of businesses in the unicorporated area of DeKalb County. Against ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of DeKalb County and enforcement of County ordinances, the creation of a Recorder's Court and the regulation and licensing of businesses in the unincorporated area of DeKalb County. All persons desiring to vote in favor of adopting the
Page 585
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 results to the Governor, who shall issue his proclamation thereon. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is Managing-Editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 9, 16, 23, 1958. The DeKalb New Era. /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 24th day of January, 1958. /s/ Ann Hardy, Notary Public, DeKalb County, Georgia. (Seal). My Commission Expires July 26, 1961.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, Session of the General Assembly of Georgia, a bill proposing an amendment to the Constitution of Georgia to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to enact ordinances for policing and governing of said county and for the implementation and enforcement of laws and regulations pertaining to DeKalb County; to provide for penalties for violations thereof and the establishment of a County Recorder's Court; to authorize levying of business license taxes; to provide for submission of said amendment to the electorate for ratification or rejection at the general election; and for other purposes. This 7th day of January, 1958. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay, Representatives, DeKalb County. 1-9-3t. Approved March 25, 1958. COMMITTEE TO ADVISE AND ASSIST SECRETARY OF STATE IN CONNECTION WITH BUILDING. No. 162 (House Resolution No. 498). A Resolution. Creating a Committee of the House of Representatives of the General Assembly of Georgia for the purpose of assisting and advising with the Secretary of State in the plans and construction of a building to house the archival and other permanent records of the State. Be it resolved by the House of Representatives of the
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General Assembly of Georgia that there is hereby created a committee of said House for the purpose of assisting, aiding and advising with the Secretary of State of Georgia in the plans and construction of a building authorized by the House for the storage and preservation of archival and other permanent records of the State. Said committed shall be composed of three members of the House of Representatives to be appointed by the Speaker. Said committee is hereby authorized to make a complete and comprehensive study of the problems, and is authorized to consult with and employ experts and other persons familiar with the matters described herein, in order to be able to obtain the best possible plans and information. The Secretary of State is also added as a member of the committee and is designated as chairman thereof. Said 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 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 Secretary of State shall receive the allowance for service on boards according to general law. The said committee shall continue in existence until such times as its duties in assisting and aiding the Secretary of State shall be completed, provided the total number of days shall not exceed fifteen (15). Approved March 25, 1958.
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W. CHESTER KING ELEMENTARY SCHOOL DESIGNATED. No. 163 (House Resolution No. 387). A Resolution. To name the Kingsland Elementary School posthumously for a distinguished Camden County citizen. Whereas, W. Chester King during his lifetime was fervently dedicated to the betterment of church, community and the happiness of little children, and; Whereas, the land and site of Kingsland, Georgia was once a grant from the King of England to his great-grandfather, James King, for whom this town was named, and; Whereas, W. Chester King did donate part of the land making up the grounds of the aforesaid school, and; Whereas, this distinguished Georgian was held in high esteem by the author of this resolution, as well as hundreds of other, and; Whereas, the name King is synonymous with that of the town and its people: It is, therefore befitting that a permanent citation to his memory be left to archives and to posterity. Now, therefore, be it resolved by the House of Representatives, that: the Kingsland Elementary School be named for W. Chester King, and shall hereafter be known as, The W. Chester King Elementary School. Be it further resolved that a copy of this resolution be furnished the Camden County Board of Education, the Commissioners of Roads and Revenues of Camden County and the State Board of Education.
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Be it further resolved, and it is directed that the Camden County Board of Education make this of record and place a befitting marker, plaque or other means of identification on the aforesaid building. Approved March 25, 1958. HALL COUNTYFIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 168 (House Resolution No. 279-702a). 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 purposes and the authority to levy a tax upon the taxable property in each respective district to defray all cost of fire protection in each respective 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
Page 590
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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution 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 the Constitution 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. 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. Approved March 25, 1958.
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A. CHARLES SOULE BRIDGE DESIGNATED. No. 166 (House Resolution No. 330-785e). A Resolution. To designate a bridge across the Cartecay River at the city limits of East Ellijay, Georgia as the A. Charles Soule Bridge, and for other purposes. Whereas, A. Charles Soule of Gilmer County faithfully and diligently served his fellowman for a great number of years throughout Gilmer County and Northern Georgia, and unstintingly contributed his time and efforts to any and every community project that he was called upon to aid; and Whereas, in the performance of his duties, A. Charles Soule was always willing to serve, first as a soldier during World War I, in various capacities with the American Legion and as Commander of the local Legion Post. As Mayor of Ellijay he did an outstanding work. During World War II he was available for Draft Board work. Many other times the community called upon him for service, and each time he answered with never a thought of personal gain, and Whereas, in recognition of his long period of service and the love and affection which the people of Gilmer County and the State of Georgia hold for A. Charles Soule; the members of the legislature of the State of Georgia are desirous of honoring this outstanding Georgian in some appropriate manner. Now, therefore, be it resolved by the General Assembly of Georgia, That the bridge across the Cartecay River, at the city limits of East Ellijay, Georgia shall hereafter be designated as the A. Charles Soule Bridge and the State Highway Department officials are directed to have placed on the said bridge, an appropriate sign indicating to the public the name hereby designated. Approved March 25, 1958.
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CATOOSA COUNTY BOARD OF TAX ADMINISTRATORS. Proposed Amendment to the Constitution. No. 167 (House Resolution No. 472-1129a). A Resolution. Proposing an amendment to the Constitution so as to provide a Board of Tax Administrators for Catoosa County; to provide their qualifications, terms, authority, duties, and compensation; to submit the amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section XVII, Paragraph I of the Constitution of Georgia is hereby amended by adding to the end thereof the following: The power and authority to levy taxes and evaluate property in Catoosa County is hereby vested in a Board of Tax Administrators, which is hereby created for that purpose. The Board of Tax Administrators shall be composed of three members elected by the qualified voters of the entire county. To be eligible for election to the Board of Tax Administrators, a person must be at least 25 years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assembly. Said board is authorized to appoint and employ qualified and professional appraisers to determine the true market value of the taxable property located in Catoosa County and to provide the compensation for such appraisers. Compensation of the members of the Board of Tax Administrators herein created shall be $15.00 per day for each day of actual service, plus actual expenses, said compensation to be payable monthly out of county funds. The Board of Tax Administrators shall be subject to all the provisions of the
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law with respect to levying taxes and evaluating property not in conflict with this paragraph. The board shall meet not more than 30 days in any one calendar year unless approved in writing by the Commissioner of Roads and Revenue of Catoosa County. No expense account of the board members shall be paid unless approved by the Commissioner of Roads and Revenue of Catoosa County. The compensation of any appraiser or any other person employed by the board shall not be paid unless approved by the Commissioner of Roads and Revenue of Catoosa County. Not less than five nor more than fifteen days after the date of ratification of this amendment, it shall be the duty of the Ordinary of Catoosa County to issue the call for an election for the purpose of electing members to the Board of Tax Administrators. The ordinary shall set the date of such election not less than ten nor more than twenty days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks preceding the date thereof in the official organ of Catoosa County. The members of the Board of Tax Administrators elected at such election shall take office immediately and serve until January 1, 1961, and until their successors are elected and qualified. Thereafter, all elections shall be held at the same time as the election for other county officers and the members elected to the Board of Tax Administrators at such elections shall serve for a term of four years and until their successors are elected and qualified. All persons elected to the membership on the Board of Tax Administrators shall subscribe to an official oath prescribed by the County Commissioner of Roads and Revenues and shall execute a bond in the amount of $2,000, conditioned upon the faithful and honest discharge of their duties, payable to said Commissioner. 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to provide for a Board of Tax Administrators to levy taxes and evaluate property in Catoosa County. Against ratification of amendment to the Constitution so as to provide for a Board of Tax Administrators to levy taxes and evaluate property in Catoosa 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. Approved March 25, 1958.
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PORTRAIT OF HONORABLE HERMAN E. TALMADGE TO BE HUNG IN CAPITOL. No. 169 (House Resolution No. 469). A Resolution. To arrange to have a portrait made of Herman E. Talmade for the purpose of being hung in the Capitol in honor of this great Georgian; and for other purposes. Whereas, Herman E. Talmadge, from November 17, 1948 until January 10, 1955, served the people of Georgia as Governor and as such distinguished himself as a faithful servant, an uncompromising patriot, and a forceful champion; and Whereas, during his administration common school education was greatly improved; from over-crowded, ill-heated, poorly-lighted classrooms, from rattle-trap school buses and underpaid school teachers, the children of the common school system in this six-year span were moved into new and modern plants, were carried in new school buses, manned by safe, adult drivers, and were taught by teachers whose pay-scales were more than doubled; at the same time separate, but equal, facilities and opportunities were afforded to all Georgia children of school age, both of the white and colored races; and Whereas, during this same period the administration of Herman E. Talmadge launched an unprecedented program to improve the general health of the people of Georgia, its most precious resource, by the expanding of State facilities and coordination with the Hill-Burton plan of hospital and health center construction; and Whereas, good roads were recognized by his administration as a necessity to the State's economic development; to evidence this approximately 14,000 miles of
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highway and post-road construction was provided for; and Whereas, Herman E. Talmadge recognized that one of Georgia's greatest assets was its forest acreage, and during this administration the Georgia forestry program, which ranked 46 in the nation, rose to a rank of first, with a program of forest protection existing in all but a few counties in the State; seedling production was encouraged and nursery facilities, sponsored by the State, were increased; this program brought about an industrial expansion in forest products industries which has enriched the State annually by millions of dollars; and Whereas, Herman E. Talmadge, himself a farmer, during his administration fostered an expanded system of marketing for Georgia's farmers and sponsored an increase in agricultural research, soil conservation practices, and the control of livestock diseases; he was a strong advocate of an expanded extension service and contributed greatly to the development of the State 4-H Club Center at Rock Eagle Lake; and Whereas, in the field of public safety his great concern was to reduce the number of deaths on our highways through safety education and a more intensified enforcement program through the Georgia State Patrol; and Whereas, he strongly advocated a program for a balanced economy in Georgia by providing a healthy climate in which industry and labor could function to the best interest of both; and Whereas, he believed in, and supported, an administration operated on a business-like basis of pay-as-you-go, where rigid economy and careful and efficient administration kept the State within its budget and built up adequate reserves to maintain a sound fiscal policy; and
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Whereas, as a colorful personality, a forceful speaker, and ardent advocate he championed, both at home and abroad, the sovereignity of the States and insisted that constitutional government be maintained; and Whereas, Herman E. Talmadge, presently the junior United States Senator from Georgia, continues to advocate constitutional government as the last bulwark of freedom, continues to advocate that the farm is the source of America's strength, and continues to insist on the same fundamentals of government which he practiced as Governor of this State; Now, therefore, be it resolved by the House of Representatives, with the Senate concurring, that there be, and hereby is, created a committee which shall be composed of 5 members, as follows: 2 members from the Senate, to be appointed by the President of the Senate, and 3 members from the House of Representatives, to be appointed by the Speaker of the House of Representatives, to arrange to have a portrait made of Herman E. Talmadge, suitable and for the purpose of being hung in the Capitol in honor of this great Georgian; that when said painting is finished, said committee, with the advice of the Governor, Secretary of State, and chairman of the Historical Commission, shall provide for a suitable time, place and ceremony for the presentation of said portrait to the people of Georgia. The Budget Bureau is hereby authorized and directed to provide the necessary funds for the purposes of this resolution. Approved March 25, 1958.
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DOUGLAS COUNTYBONDED DEBT LIMIT. Proposed Amendment to the Constitution. No. 170 (House Resolution No. 362-874d). A Resolution. Proposing an amendment to the Constitution so as to provide for the issuance of bonds for road purposes in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas 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 VII, Section VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following: Notwithstanding the seven per cent limitation herein provided, bonds may be issued for road purposes in Douglas County not to exceed ten per cent of the assessed value of all the taxable property in Douglas 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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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For ratification of amendment to the Constitution so as to provide for the issuance of bonds for road purposes in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas County. Against ratification of amendment to the Constitution so as to provide for the issuance of bonds for road purposes in Douglas County not to exceed ten per cent of the assessed value of the taxable property in Douglas 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. Approved March 25, 1958. HOUSTON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 171 (House Resolution No. 322-722m). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Houston County by the people; to provide
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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 Houston County shall be composed of five members, to be elected by the voters of the entire county as hereinafter provided. For the purposes of electing such members, Houston County is hereby divided into two education districts. Education district No. 1 shall be composed of militia district No. 500 (Upper Eleventh), militia district No. 527 (Tenth), militia district No. 769 (Lower Fifth), militia district No. 771 (Upper Fifth) and militia district No. 970 (Lower Eleventh). Education district No. 2 shall be composed of militia district No. 541 (Old Thirteenth), militia district No. 542 (Twelfth), militia district No. 619 (Lower Town), militia district No. 765 (Upper Fourteenth), militia district No. 926 (New Thirteenth) and militia district No. 928 (Upper Town). The Board of Education of Houston County shall be composed of three members from education district No. 1, and two members from education district No. 2. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers, but all members shall be elected by the voters from the entire county. In the event this amendment is ratified, it shall be the duty of the Ordinary of Houston County to issue the call for an election, which call shall be issued at least ten (10) days prior to the date of such election. The ordinary shall set the date for such election for
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either December 15, 16, 17, 18, 19 or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Houston 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 at least once preceding the date of the election, in the official organ of Houston County. The members elected at such election shall take office January 1, 1959, and shall serve for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years, at the same time as elections for members of the General Assembly from Houston County are held, and the members elected shall take office on the first day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified. At the first meeting in January, 1959, and at the first meeting in January each four years thereafter, the members of the Board shall elect a chairman for the next four years. Any member of the board shall be eligible to succeed himself as chairman. Each member of the board shall be compensated in the amount of one hundred dollars ($100.00) per month. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall elect a person from the Education district in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an education district moves his residence from such district, a vacancy shall exist from such district, and shall be filled in the same manner as other vacancies. The Board of Education of Houston County in effect at the time of the ratification of this amendment is hereby abolished effective at the end of December 31, 1958, and the terms of all members of such board shall expire at that time.
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The Board of Education of Houston County 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. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 members of the Board of Education of Houston County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Houston 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 issue his proclamation thereon. Approved March 25, 1958.
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CHATTAHOOCHEE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 172 (Senate Resolution No. 88). A Resolution. Proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for abolishing the existing five-member Board of Education of Chattahoochee County and to create a new five-member Board; to provide for the election of the new five-member Board; to provide for their terms of office and qualification; to provide for the submission of this amendment for ratification or rejection by the people; to provide for an effective date; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows: The present County Board of Education of Chattahoochee County operating and existing before the effective date of this amendment is hereby abolished, effective as provided hereinafter. There is hereby created a new board, to be known as the Chattahoochee County Board of Education, which shall have the same powers and duties as the present county board herein abolished. The Chattahoochee County Board of Education shall consist of five members to be elected as herein provided. The members of the County Board of Education of Chattahoochee County shall be elected by the people at the same time and for the same term that other county officers of Chattahoochee County are elected,
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and shall hold their offices until their successors are elected and qualified. The County of Chattahoochee shall compose one school district, and shall be confined to the control and management of the Chattahoochee County Board of Education. There shall be elected to serve on the Chattahoochee County Board of Education five members from the county at large; the five at large candidates receiving the highest number of votes shall be deemed elected. The Board of Education of Chattahoochee County in effect at the time of ratification of this amendment shall be abolished effective December 31, 1960, and the terms of office of all members of such board shall expire on such date. After the ratification of this amendment, the grand jury of Chattahoochee County shall appoint no new members to the board, but the term of any member serving at the time this amendment is ratified is hereby extended to December 31, 1960, even though such term would have expired prior to that date. The successors to the members whose terms expire on December 31, 1960 shall be elected at the general election in 1960 and shall qualify for the county primary or primaries of 1960, subject to the rules of the County Executive Committee. The five persons elected at said election shall take office on January 1 following their election. Their successors and all future successors shall be elected at the general election in the year in which their terms of office expire and they shall take office on January 1 following their election. The terms of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term. To be eligible to hold office as a member of the Chattahoochee County Board of Education, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of the English education, be favorable to the common school system, and be qualified to vote for members of the General Assembly.
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This amendment shall be effective from the date of the proclamation by the Governor. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 Board of Education of Chattachoochee County by the people. Against ratification of amendment to the Constitution so as to provide for the election of the Board of Education of Chattahoochee 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 issue his proclamation thereon. Approved March 25, 1958.
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CLARKE COUNTYESTABLISHMENT OF FIRE, WATER, SANITATION AND SEWERAGE DISTRICTS. Proposed Amendment to the Constitution. No. 173 (Senate Resolution No. 149). A Resolution. Proposing an amendment to the Constitution so as to provide that the governing authority of Clarke County may establish a water, sanitation, sewerage and fire protection district in Clarke County; may administer water, sanitation, sewerage and fire protection systems in said district; levy taxes, issue bonds and revenue certificates to operate, maintain and administer such district and systems; provide what property shall be taxed for such purposes; to provide for the appointment of a water district authority for said county, and fix the power and authority thereof; to fix the terms of office, the salaries, powers and duties of the members thereof; to provide a method for submission of this amendment to said voters for ratification; to provide for necessary advertising of said proposed amendment; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to read as follows: The governing authority of the County of Clarke is hereby given the authority and power to establish a water, sanitation, sewerage and fire protection district, comprising all the territory in Clarke County, and to establish and administer water, sanitation, sewerage and fire protection systems therein; to levy taxes or assessments on all property in said county therefor. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by Article
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VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Clarke County. Any other provision of this Constitution to the contrary notwithstanding, such district may issue bonds in an amount up to ten (10%) per cent of the assessed valuation of property located therein subject to taxation for bond purposes and any such bonds issued by said district shall not affect the amount of bonds Clarke County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for the operation and maintenance of the systems, or for debt service. Provided further, the planning, construction and establishing of such systems may be financed in whole or in part by the issuance of revenue certificates. The governing authority of said County of Clark may appoint a water district authority, composed of three members, all residents of said county, and delegate to said authority the power and authority to establish and administer water, sanitation, sewerage and fire protection systems for said county; to make necessary plans and surveys for said purpose; to hire necessary employees; to make recommendations to the county authority for the levy of taxes and the issuance of bonds and revenue certificates for the construction and maintenance of such systems; to enter into contracts with private persons, firms, partnerships, corporations and with municipal corporations. The original members of said authority shall be appointed as aforesaid, one for a term of two years, one for a term of three years and one for a term of four years, and the successors of the original three members shall each be appointed for a term of four years. In case of a vacancy, the county commissioners shall appoint a member for the unexpired term. The salaries of the
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members of said authority shall be fixed by the county commissioners of said county. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to provide for a water, sanitation, sewerage and fire protection system for Clarke County. Against ratification of amendment to the Constitution so as to provide for a water, sanitation, sewerage and fire protection system for Clarke 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. Approved March 25, 1958.
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POLK COUNTYBONDED INDEBTEDNESS. Proposed Amendment to The Constitution. No. 176 (House Resolution No. 300-744d). A Resolution. Proposing an amendment to the Constitution so as to authorize the County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof; 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 VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the County Board of Education of Polk County is hereby authorized and empowered to borrow funds for the purpose of constructing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Polk County from the State through the Minimum Foundation Program for Education as security and payment therefor. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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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 County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof. Against ratification of amendment to the Constitution so as to authorize the County Board of Education of Polk County to borrow funds and pledge certain building funds to the payment thereof. 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. Approved March 25, 1958.
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FRATERNITY AND SORORITY PROPERTIES EXEMPT FROM TAXATION. Proposed Amendment to The Constitution. No. 177 (House Resolution No. 428-1070c). A Resolution. Proposing an amendment to the Constitution so as to provide an exemption from taxation for certain fraternity and sorority 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 1. Article VII, Section I, Paragraph IV of the Constitution relating to exemptions from taxation, is hereby amended by adding at the end thereof a new paragraph to read as follows: There is hereby exempted from all State, county, municipal, school district, and any other political subdivision, ad valorem taxes, the property of a fraternity or sorority which is used for the residence of such fraternity or sorority, if such property is located adjacent to or near a university or college, and if such residence is used to house members of such fraternity or sorority attending such university or college. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 ad valorem tax exemption for certain fraternity and sorority property. Against ratification of amendment to the Constitution so as to provide for ad valorem tax exemption for certain fraternity and sorority 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. Approved March 25, 1958. TIME OF FILING APPLICATION FOR GASOLINE TAX REFUNDS. Code 92-1403 Amended. No. 410 (House Bill No. 951). An Act to amend Code section 92-1403, relating to the levy and exemptions of the tax on motor fuels, as amended, particularly by an Act approved March 18, 1937 (Ga. L. 1937, p. 167), an Act approved January 25, 1946 (Ga. L. 1946, p. 19), and an Act approved
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February 15, 1949 (Ga. L. 1949, p. 581), so as to change the time within which applications for refunds on the tax paid on gasoline used for agricultural purposes must be filed; to provide for the establishment of a method of selection of quarterly, semi-annual or annual application for refund; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-1403, relating to the levy and exemptions of the tax on motor fuels, as amended, particularly by an Act approved March 18, 1937 (Ga. L. 1937, p. 167), an Act approved January 25, 1946 (Ga. L. 1946, p. 19), and an Act approved February 15, 1949 (Ga. L. 1949, p. 581), is hereby amended by striking from sub-paragraph (1) (a) of paragraph (1) of said section, the words six (6) months and substituting in lieu thereof the words twelve (12) months, so that sub-paragraph (1) (a) of paragraph 1 of Code section 92-1403, as so amended, shall read: (1) (a) All applications for refunds must be filed with the Commissioner of Revenue within twelve (12) months from the date of purchase of the gasoline with respect to which the refund is claimed. Time for filing. Section 2. Said Code Section is further amended by adding to the end of the first sentence of sub-paragraph (4) (a) of paragraph (1) of said section, the words to include a method of selection of quarterly, semi-annual or annual application for refund available to those persons who come within these provisions and who regularly make application for refund, so that sub-paragraph (4) (a) of paragraph (1) of Code section 92-1403, as so amended, shall read: (4) (a). The Commissioner of Revenue shall make such rules and regulations, not inconsistent with the provisions of this sub-section, as are necessary and proper for the enforcement of this sub-section to include a method of selection of quarterly, semi-annual or annual
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application for refund, available to those persons who come within the provisions and who regularly make application for refund. Such rules and regulations shall have the force of law and shall be observed by all users seeking the benefit of this sub-section. Quarterly, semi-annual or annual applications. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1958. LICENSING OF INSURANCE COMPANIES. Code 56-403 Amended. No. 411 (Senate Bill No. 107). An Act to amend Code section 56-403, as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1622), and an Act approved February 21, 1951 (Ga. L. 1951, p. 664), relating to the licensing of insurance companies to do business in this State and the renewal thereof, so as to provide that no license to transact any kind of insurance business in this State shall be issued, renewed or continued in effect to any domestic, foreign or alien insurance company or other insurance entity which is owned, or financially controlled, in whole or in part by any State of the United States, or by a foreign government, or by any political subdivision, instrumentality or agency of either, or which is an agency of such State or foreign government, or any political subdivision, instrumentality or agency of either, unless such company or entity was so owned, controlled or constituted prior to January 1, 1947 and was authorized to do business in this State on or prior to said date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-403, as amended by an
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Act approved March 28, 1947 (Ga. L. 1947, p. 1622), and an Act approved February 21, 1951 (Ga. L. 1951, p. 664), is hereby amended by adding at the end thereof the following: Provided, however, that no license to transact any kind of insurance business in this State shall be issued, renewed or continued in effect, to any domestic, foreign or alien insurance company or other insurance entity which is owned, or financially controlled, in whole or in part by any State of the United States, or by a foreign government, or by any political subdivision, instrumentality or agency of either, or which is an agency of such state or foreign government or any political subdivision, instrumentality or agency of either, unless such company or entity was so owned, controlled or constituted prior to January 1, 1957, and was authorized to do business in this State on or prior to said date. so that Code section 56-403, as so amended, shall read: 56-403. Upon filing such annual statement the Insurance Commissioner, when satisfied it is correct, that the company has fully complied with the laws regulating the business of insurance, and is of the opinion that the company's financial condition and affairs are sound and such that its transaction of business will not be hazardous to its policyholders, creditors and public, shall issue a license to said company to transact business in this State. All licenses shall be renewed annually on July 1, and any company desiring to renew its license shall file the aforesaid statement not later than March 1 of any year. Licenses heretofore issued by the Insurance Commissioner to expire on January 1, 1951 or within 60 days thereafter are hereby extended to and including June 30, 1951, and will expire on that date. All licenses issued after the effective date of this Act shall expire on June 30 next following the date of issuance. The issuance or renewal of a license, or the refusal thereof, shall be based on the financial condition of the company as shown by its annual statement filed as of the preceding December 31, and on such further information as the Insurance Commissioner shall require or learn regarding
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the company's financial condition or manner of conducting its operations. Should any company when once licensed fail or refuse to make and file its annual statement as herein required, it shall, by such failure or refusal forfeit its right to do business in this State until and including June 30 the next year, and on such failure or refusal the Insurance Commissioner shall recall and cancel the license of such delinquent company. At the time of filing such statement with the Insurance Commissioner, each company shall publish at its own expense in a newspaper of general circulation published in this State a copy of the statement in short form showing income, assets, expenditures, and liabilities in gross, as of December 31 preceding, to be sworn to by the officer or agent making the same. Provided, however, that no license to transact any kind of insurance business in this state shall be issued, renewed or continued in effect, to any domestic, foreign or alien insurance company or other insurance entity which is owned, or financially controlled, in whole or in part, by any state of the United States, or by a foreign government, or by any political subdivision, instrumentality or agency of either, or which is an agency of such state or foreign government or any political subdivision, instrumentality or agent of either, unless such company or entity was so owned, controlled or constituted prior to January 1, 1957, and was authorized to do business in this State on or prior to said date. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1958.
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TAXATIONLONG TERM CAPITAL GAINS. Code 92-3119 Amended. No. 412 (House Bill No. 677). An Act to amend Code section 92-3119, pertaining to capital gains and losses, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 405), by providing that a long-term capital gain shall include any capital gain dividend as defined by the United States Internal Revenue Code; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3119, pertaining to capital gains and losses, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 405), is amended by adding to subsection (d) (1) (D) thereof, the words and shall include any capital-gain dividend, as now defined by section 852 (b) (3) (C) of the United States Internal Revenue Code, paid by a regulated investment company, as now defined by section 851 (a) of the United States Internal Revenue Code, so that said subsection, as amended hereby, shall read as follows: (D) Long-Term capital gain. The term `long term capital gain' means gain from the sale or exchange of a capital asset held for more than 6 months, if and to the extent such gain is taken into account in computing gross income; and shall include any capital gain dividend, as now defined by section 852 (b) (3) (C) of the United States Internal Revenue Code, paid by a regulated investment company, as now defined by section 851 (a) of the United States Internal Revenue Code. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1958.
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BRANDING ETC. OF PETROLEUM PRODUCTS. Code 73-222 Amended. No. 415 (House Bill No. 691). An Act to amend Code section 73-222 pertaining to the substitution and misbranding of petroleum products, approved March 31, 1937 (Ga. L. 1937, p. 477), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 391) by providing it shall be unlawful to deceive the purchasers of petroleum products as to the price of products offered for sale; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 73-222 pertaining to the substitution and misbranding of petroleum products, approved March 31, 1937 (Ga. L. 1937, p. 477), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 391) is amended by inserting in subsection 3 thereof following the word, nature, the word, price, so that said subsection, as amended hereby, shall read as follows: (3) In any manner whatsoever which may deceive, or have the effect of deceiving the purchaser of such products as to the nature, price, quality or quantity of the products, so stored, sold, exposed or offered for sale. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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PRACTICE OF MEDICINE. Code Ann. 84-927 Amended. No. 417 (House Bill No. 186). An Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, approved March 23, 1939 (Ga. L. 1939, p. 319), as amended by an Act approved February 18, 1950 (Ga. L. 1950, p. 362), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 179), and an Act approved March 7, 1955 (Ga. L. 1955, p. 575), so as to remove certain provisions relating to aliens; to change the provisions relating to certain medical employees in State operated institutions or in medical colleges in Georgia; to provide for institutional licenses; 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 relating to the licensing of aliens to practice medicine or pharmacy in this State, approved March 23, 1939 (Ga. L. 1939, p. 319), as amended by an Act approved February 18, 1950 (Ga. L. 1950, p. 362), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 179), and an Act approved March 7, 1955 (Ga. L. 1955, p. 575), is hereby amended by striking in its entirety section 2 of said Act, as amended, which is codified in the annotated Code of Georgia as section 84-927, and inserting in lieu thereof a new section 2, to read as follows: Section 2. Notwithstanding the foregoing provision, any person who is a graduate of a medical school approved by the Association of American Medical Colleges or the State Board of Medical Examiners of Georgia or by both such association and such board, and who is employed by the State of Georgia in any State operated institution or who is employed by any medical college
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in the State of Georgia approved by the State Board of Medical Examiners of Georgia, upon request of the superintendent of such State institution or the dean of such medical college employing said physician, may be granted an Institutional License authorizing such physician to practice medicine in the State institution or medical college employing said licensee, under proper medical supervision, which Institutional License may be renewed each twelve months so long as the licensee remains in the employ of the State institution or medical college requesting the license, at the sound discretion of the State Board of Medical Examiners; provided, however, such Institutional License shall not be prima facie evidence that the holder thereof meets the minimum basic requirements for examination by the State Board of Medical Examiners or for the issuance of a permanent license to practice medicine. Practice of medicine, by aliens. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. BUILDING AND LOAN ACT AMENDED. Code Ann. 16-433 Amended. No. 418 (House Bill No. 612). An Act to amend the Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., pp. 307-322; also found in section 16-433 of the Code of Georgia, Annotated, cumulative pocket parts) so as to amend section 16d of said Act by providing for the payment at any time of up to $1,000.00 of the redemption value of shares of a decedent to certain related persons of said decedent without liability of the association; and by providing an additional section, to be known as section 16e, granting State chartered associations the right to use terminology permitted to
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Federal Savings and Loan Associations in respect to share accounts; to repeal laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by same, that: Section 1. The Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., pp. 307-322) is hereby amended by adding the following sentence at the end of the first paragraph of section 16d of said Act: In addition to the foregoing, if such member dies intestate, such association may, at any time thereafter, pay up to $1,000.00 of the redemption values of the shares to the persons named in (b), (c) or (d) above, but in the order named; and such payment shall relieve the association from all liability as completely as if said amount had been paid to the member in his lifetime, so that said section 16d, when so amended, shall read as follows: d. Upon the death of a member of a state chartered association, or a Federal savings and loan association, such associations may pay the redemption value of the shares (a) to an executor or administrator appointed by any court of competent jurisdiction in this State, or any other State, or if such association has no written notice of any such appointment or application for appointment within ninety (90) days of the death of such member, (b) to the husband or wife of the member, or (c) if no husband or wife, to the children of such member, or (d) if no children or spouse, then to the lawful heirs of such member as shown by affidavit of any relative of such deceased member, and the taking of such affidavit and the payment to any such persons of the redemption value of any such shares shall relieve such associations of all liability as completely as if the redemption value of the shares has been paid to the member in his life time. In addition to the foregoing, if such member dies intestate, such association may, at any time thereafter, pay up to $1,000.00 of the redemption value of the shares to the persons named in (b), (c)
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or (d) above, but in the order named; and such payment shall relieve the association from all liability as completely as if said amount had been paid to the member in his lifetime. Payment on death of member. If no application for the redemption value is made by any person named in the foregoing paragraph within ninety (90) days from the death of a member, a state chartered association or a Federal savings and loan association, shall be authorized to apply not exceeding $500.00 of the redemption value of the shares of such deceased member, in payment of the funeral expenses of such deceased member upon receipt of an itemized statement of such expenses and the affidavit of the undertaker conducting the funeral that said statement was true and correct and had not been paid. Section 2. Said Building and Loan Act is hereby further amended by adding the following paragraph to section 16 of said Act, which paragraph shall be known as section 16e and shall read as follows: e. Any State chartered association shall have the right to use any terminology in the operation of its business now or hereafter permitted to Federal savings and loan associations in respect to its shares, share accounts, or its capital from whatever source derived. Use of certain terminology permitted. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed; and all parts of said Act, as amended, not inconsistent herewith, are hereby ratified, confirmed, and approved. Approved March 25, 1958.
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INSURANCERECIPROCAL INSURERS. No. 419 (House Bill No. 736). An Act to provide that reciprocal insurers authorized to do business in this State shall have and use a business name; to prescribe the contents of such name; to require such insurers to file subscriber agreement; to require that such insurers shall sue and be sued in such name; to require such insurers to file with the Insurance Commissioner a statement of such business name and a designation of an agent for the purpose of service of process; to provide that in the event of a failure to make such designation, the Insurance Commissioner shall be deemed to be such insurer's agent for the service of process and service may be had in accordance with the provisions of an Act known as the Unauthorized Insurers Process Act, approved February 17, 1950 (Ga. L. 1950, p. 347); to provide a punishment for violation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Every reciprocal insurer authorized to transact business in this State shall have and use a business name which shall include the words Reciprocal or Inter-Insurance Exchange, or be supplemented by the words A Reciprocal or An Inter-Insurance Exchange. Every such insurer shall sue or be sued in its own name. Name. Section 2. Every reciprocal insurer authorized to transact business in this State shall file with the Insurance Commissioner a statement of its business name, a copy of its subscriber agreement, and a written statement or power of attorney duly signed and sealed, appointing and authorizing some person, who shall be a resident of this State, to acknowledge or accept service of process for and in behalf of such reciprocal insurer, and upon whom all process may be served against said reciprocal insurer, in all proceedings that may be instituted
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against such reciprocal insurer in any of the courts of this State or of the United States, and consenting that service of process upon any such agent or attorney appointed under the provisions of this section shall be as valid as if served on such reciprocal insurer. Service of process. In the event that there shall have been a failure to make such a designation, then such reciprocal insurer shall be deemed to have appointed the Insurance Commissioner as its agent for the purpose of service of process and service of process may be had in accordance with the provisions of an Act known as the Unauthorized Insurers Process Act, approved February 17, 1950 (Ga. L. 1950, p. 347). Section 3. Any person, firm, corporation, association or organization which shall violate any of the provisions of this Act shall be guilty of a misdemeanor. Crimes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. STATE HIGHWAY BOARDDISTRICTS. No. 421 (House Bill No. 418). An Act to amend an Act creating a State Highway Board, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), so as to transfer certain counties from the Central State Highway District to the Northern State Highway District; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a State Highway Board, approved February 2, 1950 (Ga. L. 1950, p. 62), as
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amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), is hereby amended by striking from the first paragraph of section 4 the words One member shall be elected by the members of the legislature from the 3rd, 4th, 6th and 10th Congressional Districts in the State of Georgia, which districts shall be denominated the Central State Highway District, and he shall be elected for a term of four years. One member shall be elected by members of the legislature from the 5th, 7th and 9th Congressional Districts in the State of Georgia, which district shall be denominated the Northern State Highway District of Georgia and he shall be elected for a term of two years., and by inserting in lieu thereof the following: One member shall be elected by the members of the legislature from the 3rd, 4th, 6th and 10th Congressional Districts in the State of Georgia, with the exception of the counties of Elbert, Franklin, Hart and Madison. Such districts, with the exception of the above stated counties, shall be denominated the Central State Highway District, and such member shall be elected for a term of four years. One member shall be elected by the members of the legislature from the 5th, 7th and 9th Congressional Districts in the State of Georgia, plus the counties of Elbert, Franklin, Hart and Madison. Such districts, plus the above named counties, shall be denominated the Northern State Highway District of Georgia, and such member shall be elected for a term of two years. so that when so amended, said first paragraph of section 4 shall read as follows: The State Highway Board; terms; vacancies. There is hereby created a State Highway Board, composed of three members, and the first three members shall be elected by a majority vote of the legislature, upon the passage and approval of this Act. One member shall be elected by the members of the legislature from the 1st, 2nd and 8th Congressional Districts in the State of Georgia, which districts shall be denominated the Southern
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Highway District and he shall be elected for a term of six years. One member shall be elected by the members of the legislature from the 3rd, 4th, 6th and 10th Congressional Districts in the State of Georgia, with the exception of the counties of Elbert, Franklin, Hart and Madison. Such districts, with the exception of the above stated counties, shall be denominated the Central State Highway District, and such member shall be elected for a term of four years. One member shall be elected by the members of the legislature from the 5th, 7th and 9th Congressional Districts in the State of Georgia, plus the counties of Elbert, Franklin, Hart and Madison. Such districts, plus the above named counties, shall be denominated the Northern State Highway District of Georgia, and such member shall be elected for a term of two years. Thereafter the terms of the members of the State Highway Board shall be six years, each dating from the expiration of the first terms, or from subsequent six year term, and election for board members shall be held by members of the General Assembly at regular session, at the session preceding the expiration of the terms of board members in the manner hereinafter provided. There shall always be one member of the State Highway Board from each of the three highway districts and all elections of each member of the State Highway Board subsequent to the passage of this amendment shall be by a majority vote of the members of the entire General Assembly. Each member of the legislature shall have one vote at the caucus to be held as herein provided in electing a member of the State Highway Board. A caucus shall be called at the State Capitol by the Speaker of the House of Representatives and the President of the Senate of the State of Georgia within the first ten days of the convening of the General Assembly of the State of Georgia in regular session whenever under the terms of the law a member or members of the State Highway Board are to be elected. Written notice shall be mailed to members of the General Assembly of the State of Georgia at least two days prior to the date of said caucus, which notice shall state the time, place and purpose of said caucus. Within fifteen days after the election of the State Highway Board member,
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the Speaker of the House of Representatives and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State, who upon receipt of such notice and execution of the oath of office by such elected member shall issue a commission thereon. All board members shall hold office until their successors are elected and qualified. Vacancies occurring when the General Assembly is not in session shall be filled by the Governor until the next meeting of the General Assembly of the State of Georgia, by appointment of a resident of the same highway district to serve until the meeting of and election by members of the General Assembly at its next session, in the same manner as members are elected for a regular term, to fill the unexpired term. No newly-elected board member shall enter upon his duties until the expiration of the term of his predecessor in office unless there shall be a vacancy in the position which the newly-elected member was elected to fill, in which event such newly-elected member shall enter upon the performance of his duties as soon as he is duly qualified. Section 2. This Act shall become effective April 1, 1958. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. WARM AIR HEATING CONTRACTORS ACT AMENDED. No.426 (House Bill No. 616). An Act to amend an Act relating to the licensing of warm air heating contractors, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, so as to provide that certain counties shall come within the terms and
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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 licensing of warm air heating contractors, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, is hereby amended by adding a new paragraph to the end of section 1, to read as follows: All counties in the State of Georgia having a population of not less than 62,850 and not more than 108,000 according to the United States census of 1950 or any future such census, shall come within the terms and provisions of this Act and shall be subject to the regulation of the board herein provided for to the same extent and for the same purposes as those counties originally included. Where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. GEORGIA CIVIL DEFENSE ACT AMENDED. No. 427 (House Bill No. 794). An Act to amend the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), by adding a new section thereto authorizing all state, municipal, county and other officers and officials to appoint deputies and designate lines of succession, governing the succession and devolution of authority during an emergency as declared by the Governor under section 7 of said Act; to define the authority of such designated deputies or officials; to declare that this Act is intended to be supplementary of other laws; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, is hereby amended by adding a new section, to be known as section 25 to read as follows: Section 25. (a) The several directors, constitutional officers, chairmen, and other heads or officials in charge of the various boards, commissions and all other State departments, agencies or authorities; all mayors and other officials of the several municipalities and towns of this state; and all constitutional and other county officers and officials of the several counties and other political subdivisions of this state, are hereby authorized to appoint deputies and designate lines of succession for themselves and their subordinates, governing the succession and devolution of authority during an `emergency' as declared by the Governor under section 7 of this Act. Lines of succession of officers in emergencies. (b) During such an emergency as declared by the Governor, any such deputy or designated official shall, when his superior is incapacitated, dead, or otherwise unavailable (and until the vacancy, if any, has been filled, or until such officer's successors has been duly named and qualified as provided by law) have authority to perform all official acts, and exercise all authority of his superior, as to all matters that are not of a non-delegable nature. (c) The provisions of this section are merely supplementary to existing law, and shall not be construed as repealing any general or special law which now or hereafter makes specific provision for any officer or official. Section 2. Said Act is further amended by renumbering the repealer clause, found at page 241, as section 26. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958.
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COMMISSIONER OF AGRICULTUREBONDS. No. 428 (House Bill No. 668). An Act to provide that in all cases where a licensee or an applicant for a license is required to post a bond with the Commissioner of Agriculture, the Commissioner is authorized to accept in lieu thereof cash, government bonds, treasury notes, or their equivalent where the licensee or applicant cannot obtain the prescribed bond; to provide that all such funds shall be held in trust by the commissioner and shall be subject to the payment by the commissioner of all claims as would the bond required by the licensee or applicant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all cases where a licensee or an applicant for a license is required to post a bond with the Commissioner of Agriculture, the commissioner is authorized to accept in lieu thereof cash, government bonds, treasury notes, or their equivalent where the licensee or applicant cannot obtain the prescribed bond; all such funds shall be held in trust by the commissioner and shall be subject to the payment by the commissioner of all claims as would the bond required by the licensee or applicant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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ORDINARIESOFFICE HOURS. Code 24-2104 Amended. No. 429 (House Bill No. 661). An Act to amend Code section 24-2104 pertaining to transaction of business with Ordinary, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 213), so as to authorize the ordinary to close his office at twelve o'clock noon on not more than one day in each week, Sundays excluded; to repeal confilcting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2104 pertaining to transaction of business with Ordinary, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 213) is amended by inserting following the word, holidays, the words, and the ordinary of each county may close his office at twelve o'clock noon on not more than one day in each week, Sundays excluded, so that said section, as amended hereby, shall read as follows: 24-2104. His office shall be open for the transaction of all business at all times, except Sundays and holidays and the ordinary of each county may close his office at twelve o'clock noon on not more than one day in each week, Sundays excluded; but no will shall be admitted to record, or letters testamentary, of administration, or any order for the sale of real estate, shall be granted, except at a regular term of said court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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CONFEDERATE VETERANSPENSIONS TO WIDOWS. Code 78-216 Amended. No. 430 (House Bill No. 610). An Act to amend Code section 78-216, relating to pensions for Confederate soldiers and their widows, as amended, particularly by an Act approved January 31, 1946 (Ga. L. 1946, p. 34) and an Act approved February 25, 1949 (Ga. L. 1949, p. 1118), so as to change the amount of the monthly pension to said widows; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 78-216, relating to pensions for Confederate soldiers and their widows, as amended, particularly by an Act approved January 31, 1946 (Ga. L. 1946, p. 34) and an Act approved February 25, 1949 (Ga. L. 1949, p. 1118), is hereby amended by striking the figure $75 in the second sentence and by substituting in lieu thereof the figure $110, so that said section, as so amended, shall read: 78-216. Confederate soldiers shall be paid a monthly pension of $75 per month, on the first day of each month. Widows of Confederate soldiers shall be paid a monthly pension of $110 per month, payable on the first day of each month. The several members eligible for this pension, but who are inmates of the Confederate Soldiers' Home in Atlanta are hereby given $5 per month for incidental expenses. Code 78-216 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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COMPENSATION TO SURVEYORS AND HELPERS WHEN SURVEYING DISPUTED COUNTY LINES. Code 23-407 Amended. No. 431 (House Bill No. 430). An Act to amend section 23-407 of the Code, relating to the compensation of the surveyor and laborers for surveying disputed county lines, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 192), so as to provide that the compensation provided for chaincarriers, flag-bearers and other laborers shall be for each such person; to increase the amount of said compensation; to provide the procedure for obtaining compensation; 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, relating to the compensation of the surveyor and laborers for surveying disputed county lines, as amended by an Act approved February 23, 1956 (Ga. L. 1956, p. 192), is hereby amended by striking the words, chaincarriers, flag-bearers, and other laborers, and inserting in lieu thereof the words, each chaincarrier, flag-bearer, and laborer, by striking the figures 25 and 10 and substituting 35 and 12, respectively, in lieu thereof, and by adding at the end thereof the following: The surveyor when applying to the proper county authority for payment shall file an affidavit to the effect that he has only employed the necessary personnel. so that when so amended, section 23-407 shall read as follows: Section 23-407. Compensation of surveyor and laborers. The surveyor shall receive as compensation the sum of $35 per day while actually engaged in making a survey; he shall not be allowed more than $12 per day for the paying of each chaincarrier, flag-bearer, and laborer,
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necessary to clearly mark out and define such line. The surveyor when applying to the proper county authority for payment shall file an affidavit to the effect that he has only employed the necessary personnel. Code 23-407 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. DEPARTMENT OF STATE PARKSUNIFORMS FOR EMPLOYEES. No. 435 (House Bill No. 655). An Act to amend an Act creating the Department of Natural Resources, approved March 5, 1937, (Ga. L. 1937, p. 264), as amended, particularly by an Act approved February 19, 1943 (Ga. L. 1943, p. 180), an Act approved February 21, 1951 (Ga. L. 1951, p. 788), and an Act approved March 17, 1956 (Ga. L. 1956, p. 793), so as to authorize the Department of State Parks to purchase and provide uniforms to certain officers, assistants, and employees of the department; 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 Natural Resources, approved March 5, 1937, (Ga. L. 1937, p. 264), as amended, particularly by an Act approved February 19, 1943 (Ga. L. 1943, p. 180), an Act approved February 21, 1951 (Ga. L. 1951, p. 788), and an Act approved March 17, 1956 (Ga. L. 1956, p. 793), is hereby amended by adding a new paragraph to subsection 4 of section 9 of said Act, said new paragraph to be known as paragraph (n) and to read as follows: (n). To purchase and provide uniforms to such of its officers, assistants, and employees as deemed advisable by the director.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. FILLING OF VACANCIES IN OFFICES OF COUNTY SCHOOL SUPERINTENDENTS. Code 32-1003 Amended. No. 439 (House Bill No. 697). An Act to amend Code section 32-1003 relating to the filling of vacancies in the office of county superintendent of schools, so as to change the provisions for filling the vacancies and a procedure connected therewith; to provide elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-1003 relating to filling vacancies in the office of county superintendent of schools is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 32-1003. In the event of a vacancy by death, resignation, removal from office, or from any cause whatever, in the office of county superintendent of schools in any county, or upon the death of a county superintendent of schools elect, between the date of his election and the date that he assumes office, the vacancy shall be filled as follows: 1. In the event of a vacancy by death, resignation, removal from office, or from any other cause whatever, and there is less than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools for the unexpired term.
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2. In the event that there is more than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools to serve for a period of thirty days and until the vacancy can be filled as herein provided. In such event, it shall be the duty of the ordinary to issue a call within ten days after the vacancy occurs for an election to fill the unexpired term. Such election shall be held not less than ten days nor more than twenty days after the issuance of the call therefor. The person receiving the highest number of votes at such election shall serve as county superintendent of schools for the remainder of the unexpired term. In the event of a tie vote in any such election, the ordinary shall call, within five days thereafter, an election to be held within ten days after the call until a choice is made. 3. In the event of the death of disqualification of a county superintendent of schools elect preceding the date that he was to have assumed office, it shall be the duty of the ordinary, within ten days after the death of disqualification occurs, to issue the call for an election to elect a county superintendent of schools for the term to which the county superintendent of schools elect was elected. Such election shall be held not less than ten nor more than twenty days after the issuance of the call therefor. The person receiving the highest number of votes at such election shall serve as county superintendent of schools for the unexpired term of the county superintendent of schools elect. The incumbent county superintendent of schools shall hold over until his successor is elected as herein provided. In the event of a tie vote in any such election, the ordinary shall call elections until a choice is made, as provided in paragraph two hereof. Section 2. The provisions of this Act shall be applicable to all vacancies occurring on or after the approval of this Act. Effective date. Section 3. This Act shall not apply to public school
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systems established prior to the adoption of the Constitution of Georgia of 1877. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. STATE EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDCOUNTY TAX COLLECTORS, TAX RECEIVERS, AND TAX COMMISSIONERS INCLUDED. No. 441 (House Bill No. 790). An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138) as amended, so as to authorize tax commissioners, tax collectors, tax receivers and employees in the offices thereof to become members of the Employees' Retirement System of Georgia; to declare that such offices are adjuncts of the State Revenue Department; to provide for the establishment of merit systems; to provide for the payment of funds into the retirement system; to provide for service credit; to provide 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 establishing the State Employees' Retirement System approved February 3, 1949 (Ga. L. 1949, p. 138) is hereby amended by adding at the end thereof the following: The offices of the tax commissioners, tax collectors, and tax receivers of the counties of this State are hereby declared to be adjuncts of the State Revenue Department, such offices assisting in the returning and collecting of
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State taxes. All tax commissioners, tax collectors, and tax receivers and employees in the offices thereof shall be subject to a merit system of employment, as promulgated by each such office, under which all such officials and employees shall perform services on the basis of merit, fitness and efficiency. (1) All individuals that were such officials and employees on or after December 1, 1956, are hereby authorized to become and be members of Division A of the Employees' Retirement System of Georgia, as established by and in accordance with the provisions of the Act approved February 3, 1949 (Ga. L. 1949, p. 138) as amended. (2) Any individual becoming such official or employee after the effective date of this Act shall become a member of Division A of the system without prior service credits as a condition of his employment. Each of said officials in charge of such office, in the event such official is responsible for the payment of the employees therein, or the governing authority of the county, in the event the official and the employees are paid by such authority, shall deduct or collect from each member, the employees' contributions required by the provisions of the Retirement Act and shall remit the same to the Retirement System as by regulations required, and the State Revenue Commissioner is hereby authorized and directed to pay from the funds appropriated for the operation of the State Revenue Department, the employer contributions required by the Retirement Act and such employer contributions shall be paid by the State Revenue Commissioner upon receipt of an invoice from the Employees' Retirement System. (3) In addition to the regular established employer contributions required by the Retirement System Act, the State Revenue Commissioner is hereby authorized and directed to pay from the funds appropriated for the operation of the State Revenue Department an additional contribution as determined by the Board of Trustees of the Employees' Retirement System in a regular monthly
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amount sufficient to amortize the prior service values of such members within a period of not more than 20 years. (4) All tax commissioners, tax collectors, tax receivers, and employees in such offices who were in service on or after December 1, 1956, shall be entitled to all prior service credits authorized under the terms of the Employees' Retirement System Act, as amended, in the same manner as if they had been a member of the Retirement System on such date. Prior service credits to an individual as an official or an employee as referred to herein shall only be creditable to those individuals who become members of the system under the provisions of this amendment at the time of the original coverage for such group. Provided, however, the value of the prior service credits of an individual included under this provision shall not be in excess of the value of twenty-five (25) years prior service. (5) A Merit system of employment as provided herein must be established in the office of a tax commissioner, tax collector or tax receiver on or before August 1, 1958, or else no coverage shall ever be extended to any such office. All offices establishing such a system shall be covered at the same time which date shall be determined by the provisions of the Employees' Retirement System Act. No coverage shall ever be extended to any official or employee designated herein who, on the effective date of this Act or hereafter, is covered under the provisions of any other retirement, benefit, or similar system excluding Social Security Coverage. Section 2. The effective date of this Act shall be August 1, 1958. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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EMPLOYMENT OF PERSONS UNDER EIGHTEEN YEARS OF AGE ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD PROHIBITED. No. 442 (House Bill No. 54). An Act to make it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale; to provide a penalty; 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 employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine, or alcoholic beverages of any kind are sold or offered for sale. Provided nothing herein shall apply to the sale of beer in places where beer is not consumed on the premises. Section 2. Any person violating the provisions of section 1 of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Crimes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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PAYMENT OF WAGES DUE DECEASED PERSONS. Code 66-103 Amended. No. 444 (House Bill No. 349). An Act to amend section 66-103 of the Code of Georgia relative the wages of deceased employee paid to widow, minors or guardian without administration upon the estate of the employee, so as to increase the amount of wages that can be paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 66-103 of the Code of Georgia, relative to wages of deceased employees paid to widow, minors or guardian; exemption from garnishment, is hereby amended by striking the figure $300.00 and inserting in lieu thereof the figure $1,000.00 so that when so amended, section 66-103 shall read as follows: 66-103. Wages of deceased employee paid to widow, minors or guardian, exemption from garnishmentIt shall be lawful upon the death of any person employed by any railroad company or other corporation doing business in this State, who may have wages due him by said railroad company or other corporation, and who shall leave surviving him a widow or minor child or children, to pay all of said wages when they do not exceed $1,000.00 and, in case such wages exceed $1,000.00 to pay the sum of $1,000.00 thereof to the surviving widow of such employee; in case he has no surviving widow, but leaves surviving a minor child or children, said sum shall be paid to said minor child or children without any administration upon the estate of said employee, and said funds to the amount of $1,000.00 after the death of said employee shall be exempt from any and all process of garnishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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AUTOMOBILE LICENSE PLATES FOR MEMBERS OF NATIONAL GUARD. No. 445 (House Bill No. 620). An Act to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 57), so as to provide for an enacting clause; to provide for the use of such a license tag on a newly acquired motor vehicle of the member of the National Guard to whom such tag is issued; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 57), is hereby amended by inserting between the title and section 1 the following: Be it enacted by the General Assembly of Georgia: Section 2. Said Act is further amended by striking from section 2 the following: Enactment clause. however, upon application to the commissioner, he shall reissue said plates to the member of the National Guard to whom the same was originally issued, and upon said reissuance the commissioner shall collect fees in an amount equal to the fees collected for the original licensing and registering of said private passenger vehicle, as is now or may be prescribed by law. and inserting in lieu thereof the following: however, after such a transfer of ownership occurs, should the said member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Act may be placed on such newly acquired motor
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vehicle, and such member shall notify the Revenue Commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the Revenue Commissioner may prescribe by regulation, and shall pay a transfer and cancellation fee of fifty cents and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. Transfer of plates. so that when so amended, section 2 shall read as follows: Section 2. Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words `National Guard', said plates shall be removed and the authority to use the same shall thereby be cancelled; however, after such a transfer of ownership occurs, should the said member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Act may be placed on such newly acquired motor vehicle, and such member shall notify the Revenue Commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the Revenue Commissioner may prescribe by regulation, and shall pay a transfer and cancellation fee of fifty cents and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. Should a member of the National Guard, who has been issued a National Guard license plate, be discharged or otherwise separated from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge, and shall forward same to the State Revenue Commissioner along with a certificate to the effect that such member has been discharged, and thereupon the State Revenue Commissioner shall reissue to such former National Guard member, a regular license plate, to replace the National Guard plate, at no additional charge. Should a member of the National Guard have enlisted or been commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned
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shall likewise secure the regular license plate of such new member and return same to the State Commissioner of Revenue, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the State Commissioner of Revenue shall reissue to such new member a National Guard license plate to replace the regular plate returned to him, at no extra charge. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the State Revenue Commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. REGULATION OF RECIPROCAL INSURANCE TRANSACTIONS. No. 447 (Senate Bill No. 266). An Act to authorize and regulate reciprocal or inter-insurance transactions; to provide such contracts may be executed by an attorney in fact; to require certain information be submitted to the Insurance Commissioner; to provide for maximum liability of subscribers; to provide for appointment of attorney for service of process on exchanges and the deposit of securities; to provide for annual license; to provide for creation and maintenance of surplus or guaranty fund; to provide for examination of exchanges by the Insurance Commissioner to provide for an annual statement of affairs and fees and taxes; to provide penalty for violation
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of act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Persons, firms, partnerships or corporations of the State of Georgia, hereby designated as Subscribers may exchange reciprocal or inter-insurance contracts between themselves or with other persons, firms, partnerships, corporations or states, municipalities, counties, or political subdivisions thereof, providing indemnity among themselves from any loss which may be insured against under other provisions of the laws, excepting life insurance. Authorized. Section 2. The contracts may be executed by an attorney in fact, herein designated attorney, duly authorized and acting for such subscribers, provided that such attorney may be a corporation. The office or offices of such attorney, herein defined and designated as an exchange may be maintained at such place or places as may be authorized and designated by the subscribers in the instrument of power of attorney. Attorney in fact. Section 3. The subscribers contracting among themselves shall, through their attorney, file with the Insurance Commissioner a declaration verified under oath by said attorney setting forth the following: (1) The name or title of the office at which such subscribers proposed to exchange such indemnity contracts, which name of title shall not be the same as or so similar to any other name or title previously adopted by a similar organization or by any insurance corporation or association as in the opinion of said commissioner may be calculated to result in confusion; Regulations. (2) A copy of the policy contract under or by which such insurance is to be effected or exchanged; (3) A copy of the instrument of power of attorney or such other authority of said attorney under which such insurance is to be effected or exchanged;
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(4) The location of the principal office from which such contracts are to be issued; (5) That such attorney has in its possession assets for the payment of losses not less than required by section 8 of this Act; (6) Such other information or documents as may be requested by the said Commissioner. Section 4. The maximum liability of any subscriber for losses and expenses shall be fixed and determined by the instrument of power of attorney. When the exchange shall have accumulated a surplus at least equal to the minimum surplus required of a mutual company transacting a like class or classes of insurance business pursuant to section 56-1417, of the 1933 Georgia Code annotated, and while it maintains such surplus unimpaired to the extent and in the same manner as required of stock companies by Code section 56-832, of the 1933 Georgia Code annotated, it may issue contracts of interindemnity without assessment liability other than the payment of the premium specified in the contract or policy. Maximum liability of subscriber. Section 4 (a). Any corporation organized under the laws of the state may, in addition to the rights, powers and franchises specified in its articles of incorporation, exchange insurance contracts of the kind and character herein mentioned. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and as much granted as if such rights and powers were expressly conferred. Authority to corporations. Section 5. The Insurance Commissioner shall require every reciprocal exchange organized pursuant to this Act, before commencing business, to deposit with the Treasurer of the State of Georgia $20,000.00 in such securities as may be deemed by the Insurance Commissioner as equivalent to cash as a guaranty fund for the security of all policy holders of the exchange making
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such deposit. All interest and dividends derived from such securities shall be paid when due to the exchange so depositing same. Any such securities so deposited may be taken from the Treasury at any time by first replacing them with other securities equally acceptable to the Insurance Commissioner. The Treasurer shall furnish his certificate or receipt for such securities to the exchange. Bond. Section 6. Prior to the commencement of business the attorney shall file with the Insurance Commissioner, an instrument in writing, executed by him for the subscribers, designating a resident of the State of Georgia as its true and lawful attorney, in the State of Georgia, upon whom all process of law against said exchange may be served in any action or special proceeding against the same, in the State of Georgia, subject to and in accordance with all the provisions of law of said State of Georgia now in force and effect, and such other acts as may hereafter be passed amendatory thereto and supplementary thereof. Such service of process shall be deemed valid personal service upon all subscribers exchanging at any time reciprocal or inter-contracts through such attorney. Service of process. Section 7. Each attorney by or through whom are issued any contracts or policies for indemnity, of the type and nature referred to in this Act, shall annually procure from the Insurance Commissioner a license to transact business for the exchange by complying with all the provisions of and paying all of the fees as required by Chapter 56-4 of the 1933 Code of Georgia, as amended. License. Section 8. There shall be maintained at all times assets in cash, premium balances or securities, authorized by the laws of the State of Georgia for the investment of assets of insurance companies doing a similar business, in an amount equivalent to the pro-rata unearned premiums or deposits of subscribers and reserves for losses outstanding and unpaid or any other liabilities of the exchange. Reserves, guaranty funds, etc.
Page 648
There shall also be maintained as a guaranty fund, or surplus, a sum in addition to those amounts as herein before required, in cash or in securities, as authorized for investment by the laws of the State of Georgia for insurance companies, of not less than $100,000.00. If at any time the said guaranty or surplus fund shall be impaired by more than 20%, the subscribers or their attorney for them shall make up the deficiency, and if this shall not be done as required by the Insurance Commissioner, then the Commissioner shall revoke the license of the exchange. Section 9. Any officer, director or any subscriber of such exchange or any other person may advance to said exchange any sum or sums of money necessary to enable it to comply with the requirements of this Act and such monies and such interest as may have been agreed upon shall be payable only out of the surplus remaining after providing for all reserves and other liabilities and shall not otherwise be a liability or claim against the company or any of its assets. No commission or promotion expense shall be paid in connection with the advance of any such money to the exchange and the amount of such advance shall be reported in each annual statement as filed by such exchange. Advances. Section 10. Subscribers shall not participate in the profits of the exchange until such time as surplus funds are sufficient in the opinion of the directors of the exchange to permit distribution of profits. Provided, that the Insurance Commissioner shall first approve such distribution. Provided further, that in no event shall there be a distribution of profits whatsoever while notes or advances to the guaranty fund or surplus as hereinbefore required, are outstanding. Distribution of profits. Section 11. When funds other than those which have accrued from premiums or deposits of subscribers are supplied to make up a deficiency as hereinbefore provided, they shall be deposited and held for the benefit of subscribers under such terms and conditions as the
Page 649
Commissioner may require so long as a deficiency exists and thereafter returned to the depositors. Reports. Section 12. Any reciprocal exchange transacting business in the State of Georgia may sue or be sued in the name or designation under which its contracts are authorized to be exchanged. Actions. Section 13. The business affairs and assets of reciprocal or inter-insurance exchanges shall be subject to examination by the Insurance Commissioner as often as he deems necessary and proper, and the costs thereof shall be paid by the exchange so examined. Examination by Insurance Commissioner. Section 14. The attorney shall make and file with the Insurance Commissioner annually on or before the first day of March in each year a financial statement under oath, upon the form prescribed by the Insurance Commissioner, showing the financial condition and affairs at the office where such contracts are issued and the business of the exchange is transacted. Such statement shall include, but not necessarily be limited to the information as required by Code section 56-402 of the 1933 Code of Georgia, as amended. Annual finance statements. Section 15. In addition to the fees as hereinbefore required, each attorney shall pay an annual license fee of $25.00 upon the issuance of a license to transact the business of the exchange. In addition to such fee, each attorney shall pay all of the taxes provided by law on companies doing a like business in this State. License fees and taxes. Section 16. Any attorney who shall exchange any contract or indemnity of the kind and character specified in this chapter or shall directly or indirectly solicit or negotiate any application for such contracts without first complying with all provisions of this Act shall be guilty of a misdemeanor, but the Insurance Commissioner may in his discretion and upon such terms and conditions as he may prescribe, issue a permit for organizational purposes to continue in force and effect until canceled at the pleasure of the Commissioner. Crimes.
Page 650
Section 17. All laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Approved March 25, 1958. CUSTODY AND DISTRIBUTION OF FUNDS OF MINORS AND INSANE PERSONS BY ORDINARIES. Code 49-701 Amended. No. 450 (House Bill No. 256). An Act to amend section 49-701 of the Code of Georgia relative to custody and distribution of funds when no legal guardian, so as to increase the amount that can be remitted to the ordinaries belonging to minors and insane persons who have no legal guardian, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 49-701 of the Code of Georgia, relative to custody and distribution of funds, is hereby amended by striking the figure $500 and inserting in lieu thereof the figure $1000, so that when so amended, section 49-701 shall read as follows: 49-701 Custody and distribution when no legal guardian The ordinaries of the several counties are hereby made and constituted the legal custodians and distributions of all moneys due and owing to any minor or insane person who has no legal and qualified guardian, and they are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source: Provided, that the amount due from all sources shall not exceed the amount of $1000. Without any apportionment or qualifying order, the ordinary is authorized to take charge of such money or funds for such minor or insane
Page 651
person by virtue of his office as ordinary in the county of the residence of such minor or insane person, and the certificate of such ordinary, that no legally qualified guardian has been so appointed and that the estate, from all sources, does not exceed the amount of $1000, shall be conclusive and shall be sufficient authority to justify any debtor or debtors in making payment of moneys due as aforesaid, claims therefore having been made by such ordinary. Code 49-701 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. CIVIL DEFENSE ADVISORY COUNCILMEMBERSHIP. No. 455 (House Bill No. 792). An Act to amend section 5 (b) of the Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, pp. 224, 227), which section relates to the Civil Defense Advisory Council, so as to redefine the membership of said council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 5 (b) of the Civil Defense Act of 1951 approved February 19, 1951, (Ga. L. 1951, pp. 224, 227) is hereby amended by striking said section and substituting in lieu thereof the following: Section 5. (b) The council shall be composed of eighteen (18) members exclusive of the Governor as chairman. Of this membership, the Lieutenant Governor, Attorney General, Chairman of Senate Defense and Veterans Affairs Committee, Chairman of Senate Appropriations Committee, Secretary of State, Speaker of the
Page 652
House, Chairman of the House Appropriations Committee, Chairman of the House Defense and Veterans Affairs Committee and the Adjutant General shall serve by virtue of their office, and the Governor shall appoint three (3) from a list submitted by the State Chamber of Commerce, three (3) from a list submitted by the Georgia Municipal Association, and three (3) from a list submitted by the Association of County Commissioners of Georgia. The council shall meet at such times and places as may be designated by the Governor. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958. GEORGIA FOOD ACTAMENDED. No. 456 (House Bill No. 240). An Act to amend an Act known as the Georgia Food Act, approved February 23, 1956 (Ga. L. 1956, p. 195), so as to provide for the packaging of flour, grits and corn meal; 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 Food Act, approved February 23, 1956, is hereby amended by adding a new section to be numbered section 39, to read: Section 39. Each miller, bolter, blender, mixer, or other person who manufactures, or who buys flour, grits and corn meal for the purpose of repacking shall pack the same in containers of net avoidupois weights of five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds. These provisions shall apply to wheat flour, self-rising wheat flour, phosphated white flour, bromated
Page 653
flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits. Provided, however, that the provisions of this section shall not apply: Packaging. (a) to retail of flours, meals, hominy and hominy grits direct to the consumer from bulk stock; or (b) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred (100) pounds; or (c) for export; or (d) flours, meals, hominy and hominy grits packed in cartons the net weight of which are less than five (5) pounds, provided the net weight shall be clearly distinguished on the outside of the container; or (e) the exchange by mills grinding for toll. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. CORPORATION ACT OF 1938 AMENDED. Code Ann. 22-1860 Amended. No. 462 (Senate Bill No. 180). An Act to amend the Corporation Act of 1938 as heretofore amended, by striking from said amended Act section 22-1860 thereof, which designates the place of meeting of stockholders, incorporators, and directors of corporations, and inserting in lieu thereof a new section, to be known as section 22-1860 of said amended Act, providing that meetings of stockholders and incorporators of corporations shall be held within
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the State of Georgia, provided that, if not contrary to the provisions of its charter, the by-laws of a corporation may authorize the holding of any meeting of stockholders outside the State but within the United States, and further providing that meetings of directors may be held within or without this State. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; that the Corporation Act of 1938 of the State of Georgia as heretofore amended be further amended as follows: Section 1. By striking from said amended Act section 22-1860 thereof and inserting in lieu thereof a new Section, to be designated as section 22-1860, in the following language: Section 22-1860. Meetings, Where held. All meetings of Incorporators shall be held within this State. Unless the charter of the corporation provides to the contrary, meetings of stockholders may be held within or without this State, but within the United States, as may be provided by the by-laws, but, in the absence of any such provision in the by-laws, all meetings of stockholders shall be held in the principal office of the corporation in this State. Meetings of directors may be held within or without this State. Stockholder and directors meetings. Section 2. Be it further enacted that this Act shall become immediately effective as to all corporations which have been or shall be in the future incorporated under this Act or any Act of the General Assembly of Georgia authorizing superior courts of this State to grant charters to corporations, and that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Effective date. Approved March 25, 1958.
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EFFECT OF OPEN END MORTGAGES LIMITED. No. 464 (Senate Bill No. 16). An Act to delimit the effect of open-end clauses appearing in mortgages or deeds conveying realty as security for a debt, which clauses provide that such instrument, or property thereby conveyed, secured, in addition to the indebtedness or obligation therein named or described, any other debt or obligation that may be or become owing by the mortgagor or grantor, by limiting the operation of such provisions to obligations arising ex contractu (as distinguished from ex delicto) between the original parties to such security instrument, by providing that as against a subsequent purchaser such security instruments shall not secure an advance made or other debt arising after receipt by the grantee or mortgages of written notice of such subsequent purchase or lien unless made in compliance with mandatory provisions of the security instrument; to repeal laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the operation of Open-End clauses contained in real esate mortgages or deeds conveying realty as security for a debt which clauses provided that such instruments or the property thereby conveyed secured, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mortgagor or grantor is limited to other debts or obligations arising ex contractu (as distingushed from ex delicto) between the original parties to such security instrument. Effect. Section 2. A real estate mortgage or deed conveying realty as security for a debt which contains provisions that it secures advances made to pay taxes, to pay premiums on insurance on the property or to repair, maintain or preserve the property or to complete improvements
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on the property shall secure any such advances made by any owner of the mortgages or deed to secure debt, whether the property is still owned by the original mortgagor or grantor or owned by a subsequent purchaser of such property, and if so provided therein shall secure all expenses incident to the collection of the debt thereby secured and the foreclosure thereof by action in any court and by exercise of a power of sale therein contained. Same. Section 3. This Act shall not apply retrospectively but only prospectively and only to instruments containing open-end clauses executed after the date approval of this Act. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. REGISTRATION OF FORESTERSLICENSES. No. 466 (Senate Bill No. 53). An Act to amend an Act creating a State Board of Registration for Foresters, approved February 21, 1951 (Ga. L. 1951, p. 581), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691) by changing the amount of the annual renewal fee for licenses; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a State Board of Registration for Foresters, approved February 21, 1951 (Ga. L. 1951, p. 581), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691) is hereby amended by striking from section 16 the words ten dollars and substituting in lieu thereof the words five dollars so that section 16 as amended shall read as follows:
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Section 16. Expiration and renewals. Licenses shall expire on the last day of the month of December following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the Secretary of the Joint Examining Boards to notify, at his last registered address, every person registered under this Act, of the date of expiration of his license and the amount of the fee that shall be required for its renewal for one year; such notice shall be mailed at least one month in advance of the date of the expiration of said license. The annual renewal fee shall be five dollars. Renewal of licenses for the following year may be affected at any time during the month of December of the year in which the license has been issued or renewed by the payment of the renewal fee. Such licenses may also be renewed during the ensuing ten months by the payment of an additional fee of fifty cents for each month or fraction thereof that payment of the fixed renewal fee is delayed beyond the month of December. The Board shall make an exception to the foregoing renewal provisions in the case of a person who is in the armed services of the United States. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. WILLS AND ADMINISTRATION OF ESTATES. Code Title 113 Amended. No. 467 (Senate Bill No. 31). An Act to amend Code sections 113-301, 113-409, 113-502, 113-601, 113-602, 113-607, 113-617, 113-618, 113-703, 113-802, 113-1002, 113-1505, 113-1517, 113-1518, 113-1601, 113-1602, 113-1603, 113-1605, 113-1702, 113-1703, 113-1704, 113-1706, 113-2010, 113-2104, as amended, relating to wills and administration of estates
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to repeal an Act approved March 9, 1955 (Ga. L. 1955, p. 626), relating to a year's support; so as to change the number of witnesses required to attest a will; to change the provisions as to the probate of a will; to change the provisions as to service upon interested persons; to change the provisions as to the probate of a foreign will; to change the provisions as to the assent of an executor to a divise or legacy; to change the bond provisions; to extend the provisions as to bonds for title to contracts for the sale of land; to permit the administrator or executor to include the cost of bond premium as an expense; to provide that any property of the principal and the surety or the sureties may be subject to levy to satisfy a judgment against them; to change the provisions as to accountings and returns of administrators, executors, guardians and other fiduciaries; to provide that certain property may be subject to no administration; to provide for the access to safety deposit boxes leased or rented to fiduciaries; to provide for the manner of conducting public sales; to provide for the terms of such sales; to provide that wild lands shall be sold in the same manner as other lands; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-301, relating to the formalities of the execution of wills, is hereby amended by striking the word three and inserting in lieu thereof the word two, so that said section, as so amended, shall read: 113-301. All wills (except nuncupative wills) disposing of realty or personalty shall be in writing, signed by the party making the same or by some other person in his presence and by his express direction, and shall be attested and subscribed in the presence of the testator by two or more competent witnesses. Code 113-351 amended, wills. Section 2. Code section 113-409, relating to the republication of a will, is hereby amended by striking the word three and in lieu thereof inserting the word
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two, so that Code section 113-409, as so amended, shall read: 113-409. A codicil properly executed and annexed to a will shall amount to a republication of the same. Any writing executed with all the formalities required for a will may operate as a republication. A republication of the same paper in the presence of two witnesses, who shall subscribe as additional attesting witnesses shall be good. A parol republication in the presence of the original witness to the will shall be good. Code 113-409 amended. Republication of wills. Section 3. Code section 113-502, relating to the witnesses to nuncupative wills, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-502. No nuncupative will shall be good unless proved by the oaths of at least two competent witnesses who were present in the making thereof; nor unless it shall be proved that the testator, at the time of pronouncing the same, bade the persons present, or some of them, to bear witness that such was his will, or to that effect; nor unless such nuncupative will was made in the time of the last sickness of the deceased. Code 113-502 amended. Nuncupative wills. Section 4. Code section 113-601, relating to the probate of a will in common form is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-601. Probate of a will may be either in common or solemn form. In the former case, upon the testimony of a single subscribing witness, and without notice to anyone, the will may be proved and admitted to record. Such probate and record is not conclusive upon anyone interested in the estate adversely to the will; and if afterward set aside, does not protect the executor in any of his acts further than the payment of the debts of the estate. Purchasers under sales from him, legally made, will be protected, if bona fide and without notice. The petition to probate a will in common form shall be verified by the
Page 660
oath of the applicant, and shall set forth the same information required in an application to probate a will in solemn form, and said petition shall conclude with a prayer for the issuance of letters testamentary. Code 113-601 amended. Probate in common form. Section 5. Code section 113-602, relating to the probate of a will in solemn form, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-602. Probate by the witnesses, or probate in solemn form, is the proving of the will, after due notice to all devisees and legatees and all the heirs at law, by all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator, if the witnesses are dead, blind, incompetent or inaccessible, and the ordering to record of the will so proved. Such probate is conclusive upon all the parties notified, and all the legatees under the will who are represented in the executor. The petition to probate a will in solemn form shall be verified by the oath of the applicant, and shall set forth the full name, place of domicile, the legal residence, the date of the death of the testator, the post office address of the petitioner, and the names, ages and addresses of the surviving spouse and of all the heirs at laws, and of all devisees and legatees, stating their relationship to the testator, and in the event full particulars are lacking, the petition shall state the reasons for any such omission. Every such petition shall conclude with a prayer for the issuance of letters testamentary, and if all of the heirs at law, devisees and legatees are sui juris and shall acknowledge service of the petition and notice, and shall in such acknowledgment assent thereto, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay. Code 113-602 amended. Probate in solemn form. Section 6. Code section 113-607, as amended particularly by an Act approved February 23, 1955 (Ga. L. 1955, p. 217) relating to the notice of motion for probate in solemn form, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
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113-607. Notice of motion for probate in solemn form. Notice of a petition for probate in solemn form shall be personal, if the party resides in the State, and is known, and shall be served at least 10 days before the probate is to be made, except that, if waived in writing, such 10 day provisions shall not apply. When a party to be served is unknown, or a known party resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, or if his place of residence be unknown upon the fact being made to appear the court shall order service to be perfected by publication in the newspaper in which sheriff's advertisements are published in the county in which the application for probate in solemn form is made, once a week for four weeks, provided, however, that such publication need not be made if service is acknowledged by the non-resident party or the party whose legal residence is in doubt. The records of the court shall show the persons notified and the character of the notice given. Code 113-607 amended. (a) Such published notice shall contain a caption setting forth the court, the time the order for service by publication was granted, the name of the deceased and the fact that application has been made to probate the will of such deceased in solemn form and the name of the applicant who seeks letters testamentary or continuance in force of letters testamentary previously granted, if any, and shall contain a notice directed and addressed to the party to be served, if known, and to known parties residing without the state either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia, or of some foreign State, and to parties whose place of residence may be unknown, and if all parties are not known then and in that event to all and singular the heirs at law of such deceased, commanding him or them, or all as the case may be, that is, such known non-resident party or parties or any known party or parties residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign
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State, parties whose residence is unknown and such unknown heir or heirs, to be and appear at the time specified, before the court to then and there show cause if any there by why the probate in solemn form of such will should not be had and shall bear teste in the name of the ordinary, and shall be signed by the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then by the ordinary as clerk of the court, and shall have thereon the seal of the court. (b) Where the residence or abiding place of a non-resident to be notified is known or if a known party resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign state, the propounder shall file in the court within three days after the first publication of the notice of a copy of the newspaper in which the notice is published with such notice plainly marked; and, thereupon, it shall be the duty of the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then the duty of the ordinary, as clerk of the court, within two days after the filing of such newspaper in the court, to enclose, direct, stamp and mail said paper to the party to be notified. (c) When service by publication is ordered pursuant to this law in the matter of probate of a will in solemn form, compliance with the provisions of this law relating to a party to be notified who is unknown or is known and his residence is unknown, or who resides without the State, or who resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, shall be equivalent to personal service of a copy of the petition, citation, and order for publication when that fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication notice directed to all and singular the heirs at law of such deceased and compliance with this
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law. In the case of a non-resident person known, or a known person whose residence is unknown, or a known person residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, his name shall appear in the records of the court, and such records shall show as to him compliance with this law. In any case where there may be a party unknown, a known non-resident of the State or a known party whose residence is unknown or a known party residing without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign State, to be notified, one order for publication shall be sufficient and the notice to be published shall be directed as provided in subparagraph (a) of this law. (d) Infants, insane persons, deaf and dumb persons, when incapable of managing their estates, habitual drunkards, persons who are incompetent due to senility, old age or other cause and incapable of managing their estates, shall be served as provided by this law: Provided, however, the court of ordinary shall appoint a guardian ad litem for any such person who does not have a guardian qualified under the laws of this State, and such guardian ad litem shall be responsible to such person for his conduct in connection with the probate of said will in solemn form in the same manner as if he were a regularly qualified guardian. A copy of the petition for probate in solemn form, citation and order for publication shall be served upon the guardian ad litem and such service shall be equivalent to personal service on any such person as if he were sui juris and a resident of this State. (e) A person in military service, regardless of age, shall be permitted to acknowledge service. If service is not acknowledged, a certificate of service by delivery to such person wherever located, by a commissioned or commanding officer shall be a good service.
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(f) Incompetent persons, residents of Georgia but confined in another state, may be served by service on a guardian ad litem appointed in Georgia, and by the delivery of a copy to the incompetent by a member of the staff of the institution where the incompetent is confined, who shall make a certificate of such delivery. Section 7. Code section 113-617, relating to nuncupative wills is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-617. Application for probate of a nuncupative will shall be made before the court within six months after the death of the testator. The petition to probate a nuncupative will, in addition to other necessary averments, shall set forth the information required in a petition to probate a will in solemn form. The petition shall be verified and shall conclude with a prayer for the issuance of letters testamentary. Code 113-617 amended, probate of nuncupative wills. Section 8. Code section 113-618, relating to notice to be given to heirs upon the application for probate of a nuncupative will, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-618. Upon all applications for probate of nuncupative wills, the notice required on probate of other wills in solemn form shall be given to the heirs at law. No acknowledgment of service in the case of nuncupative wills shall serve to expedite the probate thereof to any date prior to the date when the hearing on the application in due course is to be held. Code 113-618 amended, same, notice. Section 9. Code section 113-703, relating to the probate of foreign wills, is hereby amended by striking said Code section in its entirety, and in lieu thereof inserting the following: 113-703. If said foreign will has been admitted to probate in a State of the United States of which the testator was a resident at the time of his death, such probate
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shall be final and full faith and credit shall be extended thereto in this State upon the production of an exemplification of the probate proceedings, including a certified copy of the will, certified according to the provisions of section 38-627, and may be attacked or resisted on the same grounds as other judicial proceedings from a State of the United States. Code 113-703 amended, probate of foreign wills. Section 10. Code section 113-802, relating to the assent of an executor to a devise or legacy, is hereby amended by striking said Code section in its entirety, and in lieu thereof inserting the following: 113-802. The assent of the executor may be express or may be presumed from his conduct. Assent should be evidenced by a conveyance of realty or tangible personalty or by an assignment or transfer of a chose in action. In the absence of a prior assent, the discharge of the executor shall be conclusive evidence of his assent. If no assent has been given within one year after the executor has qualified, a devisee or legatee may cite the executor in the court of ordinary to show cause why his assent should not be given or may compel him to assent by an equitable proceeding. The executor may not, by assenting to legacies, interfere with the rights of creditors, nor can he, by capriciously withholding his assent, destroy the legacy. Code 113-802 amended, assent of executor. Section 11. Code section 113-1002, as amended, relating to year's support is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-1002. Among the necessary expenses of administration, and to be preferred before all other debts, except as otherwise specially provided is the provision for the support of the family, to be ascertained as follows: Upon the death of any person testate or intestate, leaving an estate solvent or insolvent, and leaving a widow, or a widow and minor child or children, or minor child or children only, it shall be the duty of the ordinary, on the application of the widow, or the guardian of the child or
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children, or any other person in their behalf, on notice to the representative of the estate (if there be one, and if none, without notice), to appoint five discreet appraisers; and it shall be the duty of such appraisers, or a majority of them, to set apart and assign to such widow and children, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of 12 months from the date of administration, in case there is administration on the estate, to be estimated according to the circumstances and standing of the family previous to the death of the testator or intestate and keeping in view also the solvency of the estate. If there is a widow, the appraisers shall also set apart for the use of herself and children, a sufficient amount of the household furniture. The amount set apart for the family shall in no event be less than the sum of $1600 if the estate is of that value; and if it shall appear upon a just appraisement of the estate that it does not exceed in value the sum of $1600, excluding household goods and furnishings, it shall be the duty of the appraisers to set apart the whole of said estate for the support and maintenance of the widow and child or children, or if no surviving widow, to the lawful guardian of the child or children, for their benefit: Provided, that all taxes and liens for taxes accrued against property, and equity of redemption which is embraced in a year's support duly set apart, shall be hereby divested, the same as if the entire title were included in such year's support. All applications for a year's support from the estate of a descendant shall be filed within three years from the date of the death of such deceased, if application for a year's support by a widow or for the benefit of a widow shall be made and filed during her widowhood and during her lifetime, and not otherwise. Code 113-1002 amended, year's support. Section 12. Code section 113-1505, relating to the notice to creditors to render accounts, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: 113-1505. Every administrator shall give four (4) weeks notice by advertisement in the official newspaper
Page 667
of the county, and the administrator shall publish such notices four (4) weeks within sixty (60) days from date of qualification as administrator, for creditors of the estate to render an account of their demand. The administrator shall be allowed 12 months from the date of his qualification, to ascertain the condition of the estate. Creditors failing to give notice within six months from the date of publication of last notice lose all rights to an equal participation with creditors of equal dignity to whom distribution is made before notice of such claims is brought to the administrator; nor can they hold the administrator liable for a misappropriation of the funds; if, however, there are assets in the hands of the administrator sufficient to pay such debts, and no claims of higher dignity are unpaid, the assets shall be thus appropriated notwithstanding failure to give notice. Code 113-1505 amended, notice to creditors. Section 13. Code section 113-1517, relating to investment in land by executors and administrators, is hereby amended by striking said Code section in its entirety, and in lieu thereof inserting the following: 113-1517. Executors and administrators are authorized to invest any funds held by them in lands, provided an order to that effect shall be first obtained from the ordinary or from the judge of the superior court, in term or vacation, who shall be authorized to pass upon such application immediately, if all the heirs or beneficiaries are sui juris and have acknowledged service and consent thereto, or at any time after ten days after service is perfected. Code 113-1517 amended. Investments. Section 14. Code section 113-1518, as amended, relating to legal investments of guardians, administrators, executors, and trustees, is hereby amended by adding a new paragraph at the end thereof to read as follows: Executors, administrators, guardians, and trustees are authorized, unless otherwise provided in the fiduciary instrument, to retain the property owned by the estate, ward, or cestui que trust, even though such property may not otherwise be a legal investment, and shall not be
Page 668
liable for such retention, except for gross neglect. In the case of corporate securities, they may likewise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures. Code 113-1518 amended. Retention of property. Section 15. Code section 113-1601, relating to the application by a holder of a bond to make title to land, is hereby amended by striking said Code section in its entirety, and in lieu thereof inserting the following: 113-1601. If an intestate, or a testator whose executor is not authorized by the terms of the will, during his life, shall execute a bond to make title to land, or a contract for the sale of land, and die without making title or fulfilling the terms of the contract for the sale of land, the holder of such bond for title, or of the contract for the sale of land, after having complied with the conditions or obligations therein, may apply to the ordinary having jurisdiction over the estate for an order requiring the administrator or the executor to make title according to the terms of the bond for title, or of the contract, and in all cases attaching to his petition for such an order a copy of the bond or of the contract. Code 113-1601 amended, fulfilling of contracts. Section 16. Code section 113-1602, relating to the procedure for obtaining an order requiring an administrator or executor to make title pursuant to the terms of a bond for title, is hereby amended by striking from the first sentence the word fifteen and substituting the word ten, by adding after the word deceased in the first sentence the words unless waived, and by adding after the word bond in the third sentence the words or contract for the sale of land, so that said section, when so amended, will read as follows: 113-1602. Ten days' notice shall be given in writing to the administrator or executor and notices shall be given to the heirs at law of said deceased, by publication in the newspaper publishing the legal advertisements of the county once a week for four (4) weeks. If no objection
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is filed, and the ordinary is satisfied of the truth of the allegations in the petition, the order shall be granted. When objections in writing are filed in the office of said ordinary, it shall be the duty of the ordinary to hear evidence as to the fact whether the conditions of said bond or contract for the sale of land have been complied with by the payment of the purchase money or not, and to grant an order requiring said title to be made or not, as he may think the principles of justice may require; and either party, being dissatisfied with the decision, may appeal to the superior court upon the same terms as appeals are granted in other cases. Code 113-1602 amended, same notice. Section 17. Code section 113-1603, relating to applications by heirs at law of a deceased for an order requiring title to be made pursuant to a bond for title, is hereby amended by adding after the words bond for title the words or contract for the purchase and sale of land, by adding at the end of the first sentence the words unless by the terms of a will the title should vest otherwise, and by adding after the word administrator in the last sentence the words or executor, so that said section, when so amended, will read as follows: 113-1603. If the vendee shall die, having possession under a bond for title, or under a contract for the purchase and sale of land, or having paid the purchase money for land, the ordinary of the county having jurisdiction of the estate, upon a similar application by any one of the heirs at law of the vendee, and on notice to the vendor, as provided in the foregoing section, may order the title to be made to the heirs at law of the deceased, unless by the terms of a will the title should vest otherwise. The making of such a title, however, shall not prevent such lands from being assets in the hands of the administrator or executor for the payment of debts. Code 113-1603 amended, holder of bond for title. Section 18. Code section 113-1605, providing for the taxing of costs in an application for an order for the making of title, is hereby amended by adding after the word bond the words or contract for the sale of land, so that said section, when so amended, will read as follows:
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113-1605. Whenever the party making the bond or contract for the sale of land shall have died before the time of which the title was to be made, and before the purchase money became due, the cost of the proceeding shall be paid by the representative of the estate; but if the time for making such title and the payment of the money elapsed before the death of the obligor, the costs shall be paid by the applicant. Code 113-1605 amended, same maker of bond for title. Section 19. Code section 113-1702, as amended by an Act approved March 20, 1943 (Ga. L. 1943, p. 236), relating to sales by administrators, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-1702. All public sales made by administrators shall be a public outcry. Beginning at ten o'clock a.m. Eastern Standard Time, or as soon thereafter as practicable, each such sale shall be made following any other sale at public outcry without undue delay. All such sales shall be concluded prior to four o'clock p.m. Eastern Standard Time unless it shall be so advertised. No sale shall be continued from day to day unless so advertised. Good faith is required by the administrator in all cases that the property may be sold in such manner and quantities as shall be deemed most advantageous to the estate. Code 113-1702, sales by administrators. Section 20. Code section 113-1703, relating to the terms of sales by administrators, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-1703. The administrator or the executor, where the will is silent on the subject, may exercise his discretion, except where otherwise provided, in demanding cash or extending credit. Full notice shall be given, and the best interest of the estate observed. If credit shall be given, the administrator or executor shall, at his own risk, determine the sufficiency of the security given. If the security taken is ample at the time credit is extended, and subsequently the debt is lost after the utmost diligence
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by the administrator or executor, he shall not be responsible for the amount. Code 113-1703 amended, same, credit. Section 21. Code section 113-1704, providing for the private sale of wild lands, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-1704. Wild lands shall be sold in the same manner and upon the same terms as other lands. Code 113-1704 amended, sale of wild lands. Section 22. Code section 113-1706, relating to the sale of land, as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 476), is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-1706. If at any time it shall become necessary for the payment of the debts of the estate or for the purpose of distribution, to sell the land of the decedent, the administrator shall, by written petition, apply to the ordinary for leave to sell, setting forth in the petition the reason for such application; and notice of the same shall be published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed, and the ordinary is satisfied of the truth of the allegation in the petition, an order shall be passed granting the leave to sell, specifying therein the land as definitely as possible. Said order by the ordinary granting permission to an executor, or an administrator with the will annexed, to sell shall be binding, final and conclusive as to all devisees under the will of the testator regardless of any prior assent of the executor to the devise in the will. Provided, however, that nothing herein shall prevent the devisee from entering an appeal from said order in time provided by law, or from filing a claim to said land prior to the actual sale thereof by the executor, or the administrator with will annexed, and provided further, that nothing in this section shall prevent a bona fide purchaser or mortgagee of said land who purchased prior to said order of the ordinary and who holds under a deed or mortgage duly recorded prior
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to said order, from asserting his title to said land by showing that the executor had assented expressly or impliedly to the devise in said will prior to the said order to sell, and provided further, that nothing herein shall limit the powers contained in the will of a decedent. Code 113-1706, sale of land. Section 23. Code section 113-2010, relating to the expenses of giving bond, is hereby amended by striking said selection in its entirety and in lieu thereof inserting the following: 113-2010. Administrators or executors who are required by law to give bond as such, who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expenses or costs of administration the cost of such bond premium or bond premiums. Code 113-2010 amended, bonds. Section 24. Code section 113-2104, relating to the exhausting of the property of the principal to satisfy a judgment, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 113-2104. When a judgment has been obtained against the principal and surety or sureties on the bond of an administrator, executor, guardian or other fiduciary, a levy may be made upon any property of any defendant in fi. fa. Code 113-2104 amended, levy of fi. fa. Section 25. When safety deposit boxes, or receptacles are leased or rented to fiduciaries, including executors, administrators, guardians, trustees, custodians, receivers, and the like, the fiduciary or fiduciaries, as lessee or renter, shall have the right to authorize the entering of the box or receptacle by one or by fewer than all of the fiduciaries or by any other person, without the presence or censent of the fiduciary or other person, and that upon receipt of such written authorization the bank or lessor may authorize access to the box or receptacle in accordance therewith, and without any liability. Upon cancellation
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of the authorization, the bank or lessor may require the presence of all lessees or renters for access. Section 26. An Act entitled An Act to provide that the right of a widow to a year's support from the estate of a decedent shall be barred by the remarriage of said widow prior to the setting apart of such year's support, or by the death of said widow after twelve months from the date of the death of said decedent and prior to the filing of the application for such year's support, and for other purposes, approved March 9, 1955 (Ga. L. 1955, p. 626), is hereby repealed in its entirety. 1955 Act repealed. Section 27. This Act shall be effective July 1, 1958, except that sections 1, 2, and 3 shall be effective as to the wills of all persons dying after the date of approval of this Act. Effective dates. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. GUARDIAN AND WARD. Code Title 49 Amended. No. 469 (Senate Bill No. 32). An Act to amend Code sections 49-103, 49-112, 49-113, 49-202, 49-203, 49-204, 49-213, 49-214, 49-216, 49-226, 49-238, 49-308, 49-310, 49-313, 49-401, 49-806, 49-807, 49-810, as amended relating to guardians and wards, so as to provide that the ordinary may require bond and security of guardians appointed by the parent for his child; to change the provisions of notice and the service of the application for appointment; to change the bond requirements; to change the provisions of the disbursements and expenses by a guardian; to provide changes in the diposition of property by the guardian; to permit
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the erection of a dwelling or an addition, repairs or renovations to an existing dwelling or property of the ward; to provide for the continuance, discontinuance or liquidation of any business of the ward; to change the provisions as to investments by a guardian; to authorize a guardian to borrow money for said purposes; to include the bond premium as an expense of the guardian; to provide that the guardian shall not be authorized to use any part of funds or estate of his ward for the guardian's personal use; to change the provisions as to the discharge or resignation of the guardian; to provide for the transfer of property of a non-resident ward and a procedure connected therewith; to provide for the reduction of the bond of a guardian; to authorize the expenditure of funds of the ward for the support, maintenance and education of the spouse or child, or other legal dependent of the ward; to provide that the guardian of a ward's estate shall make and file with the ordinary an inventory of the estate of the ward in the same manner and within the same time as is required of administrators; to repeal Code section 49-212, relating to renting of lands by a guardian; to provide an effective date to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-103, as amended by an Act approved March 11, 1943 (Ga. L. 1943, p. 396), relating to the appointment, bond and dismissal of a testamentary guardian, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 49-103. Every parent may, by will, appoint guardians for the property of his children, and such guardian shall not be required to give bond and security, except in the case of waste committed or apprehended, or property coming to the ward from sources other than the parent's will, when the ordinary shall require the same. If a testamentary guardian shall fail to give bond as required, the ordinary may dismiss him as guardian and appoint another,
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or may appoint another guardian for the property thus accuring. In all other respects a testamentary guardian shall stand on the same footing with other guardians appointed by the ordinary. Provided, however, that if one of the parents be dead, the surviving parent may, by will, appoint a guardian for the person of his or her minor child or children. Code 49-103 amended, appointment of guardians. Section 2. Code section 49-112, relating to the appointment of guardians for minors under age of 14 years, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: 49-112. Every application to be appointed guardian of a minor under the age of 14 years, other than the child of the applicant, shall be made to the ordinary and served upon the three next adult relatives residing in Georgia, or if less than three, upon all who are residents of Georgia. If no adult relatives reside in Georgia, notice thereof shall be given by the ordinary in the newspaper in which the legal advertisements of the county are published, once a week for four weeks before such letters shall be granted. At the next regular term after service upon the adult relatives, or after the notice has been published four weeks, the letters may be granted to the applicant or to some other person, in the discretion of the court. If the ordinary deems it necessary, a temporary guardian may be appointed under the same rules as apply to the appointment of temporary administrators. Code 49-112 amended, same, applications. Section 3. Code section 49-113, relating to the bond and oath or affirmation of guardians appointed by the ordinary, is hereby amended by striking said code section in its entirety and inserting in lieu thereof the following: 49-113. Every guardian appointed by the ordinary before entering upon the duties of his appointment, shall take before the ordinary an oath or affirmation well and truly to perform the duties required of him as guardian and faithfully to account with his ward for his estate; and shall also give bond with good and sufficient security, payable to the ordinary and his successors, to be approved
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by the ordinary, when so required. If the guardian is for the person only, the court may, in its discretion, dispense with the requirement of any bond by the guardian, and in the event bond is required, it shall not exceed $1,000. If the guardian is for the property or for person and property of the ward, the court shall require that the guardian give bond and security in double the supposed value of the ward's estate before the issuance of letters of guardianship. The ordinary shall have authority to permit a reduction in the amount of the bond when it appears that the value of the ward's estate has decreased, provided that such reduction shall in no way affect the liability of the surety for waste or misconduct of the guardian that occurred before the bond was reduced. Code 49-113 amended, same, oath, bond, etc. Section 4. Code section 49-202, relating to the disbursements and expenses permitted by a guardian, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following: 49-202. Every guardian shall be allowed all reasonable disbursements and expenses suitable to the circumstances of the ward committed to his care, and for the necessary expenses of maintaining, supporting and educating those who may be legally dependent upon the ward. The expenses or maintenance and education must not exceed the annual profits of the estate, except by the approval of the ordinary previously granted. The ordinary may, in his discretion, allow the corpus of the estate, in whole or in part, to be used for the education and maintenance of the ward and for the necessary expenses of maintaining, supporting and educating those who may be legally dependent upon the ward. Code 49-202 amended, same, expenses, etc. Section 5. Code section 49-203, as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 389), relating to the sale of the estate of the ward for reinvestment, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following:
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49-203. By order of the court of ordinary of the county of the guardian's appointment, or in the case of a foreign guardian, the court of ordinary in the county in which all or any part of the property is situated, the real or personal property of a ward, or any part thereof, may be sold, leased, encumbered or exchanged by the guardian upon such terms as the court may order, for the payment of the ward's debts, providing for his care, maintenance, support and education of those who are legally dependent upon the ward, or for the purpose of investing the proceeds in other property, when it is deemed in the best interests of the ward to do so. Code 49-203 amended, same, sale and exchange of property. Section 6. Code section 49-204, as amended, particularly by an Act approved March 11, 1943 (Ga. L. 1943, p. 308), relating to the notice of application for order to sell and reinvest the estate of the ward, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following: 49-204. When a sale, lease, exchange or encumbrance of the ward's estate, or any part thereof, shall be deemed necessary or in the best interests of the ward, the guardian may file with the ordinary a petition setting forth the facts, terms and reasons for making the proposed sale, lease, exchange or encumbrance. Citation shall be issued thereon and copy of the petition and citation shall be served personally upon the ward, if he is over 14 years of age, and shall be published for four weeks in the newspaper in which the sheriff's advertisements for that county appear. On or after the date appointed in the citation the ordinary may consider the petition, hear evidence thereon, and if the proposed transaction is fair and in the best interests of the ward, he shall issue an appropriate order permitting the sale, lease, exchange or encumbrance; however, the ordinary, if he deems it advisable, may require any sale of the ward's property, to be held publicly and subject to the confirmation of the court. The provisions hereof are cumulative and not exclusive of other provisions of the law authorizing sales by guardians. Code 49-204 amended, same, application.
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Section 7. Code section 49-213, relating to contracts for labor or services made by a guardian, is hereby amended by adding at the end thereof the following: The court of ordinary or the superior court may, upon appropriate application and upon a proper showing by evidence the need therefor, permit the erection of a dwelling, or an addition, repairs or renovation to an existing dwelling, on property of the ward, so that Code 49-213, as so amended, shall read: 49-213. Guardians may make contracts for labor or service, for the benefit of the estates of their wards, upon such terms as they may deem best, and all such contracts made in good faith shall be a charge upon and bind said estates whenever the same shall be approved by the ordinary of the county. The court of ordinary or the superior court may, upon appropriate application and upon a proper showing by evidence of the need therefor, permit the erection of a dwelling, or an addition, repairs or renovation to an existing dwelling, on property of the ward. Code 49-213 amended, upkeep of property. Section 8. Code section 49-214, relating to the cultivation and managing of plantations or farms by a guardian, is hereby amended by striking said Code section in its entirety, and in lieu thereof inserting the following: 49-214. When the guardian shall deem it advantageous to the estate of the ward, the court of ordinary may, upon petition setting forth the facts, grant an order permitting the guardian to continue the operation of any farm or business in which the ward may have been engaged or which he may own. It shall be the duty of the guardian, however, to discontinue the operation thereof at any time when it shall reasonably appear to him that there is danger of loss, or when it shall appear to him that a liquidation shall be advantageous to the ward's estate. In every instance, the guardian shall make regular and strict accountings to the court in connection with any continued operation, discontinuance or liquidation. Code 49-214 amended, operation of farm or business. Section 9. Code section 49-216, relating to investment
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in land by guardians, is hereby amended by adding after the word court the words or from the Ordinary so that said section, as so amended, shall read: 49-216. Guardians are authorized to invest any funds held by them as such guardians in lands; provided, that an order to that effect shall first be obtained from the judge of the superior court or from the ordinary, who is authorized to consider and pass upon such applications either in term time or vacation. Code 49-216 amended, investments. Section 10. Code section 49-226, relating to the binding effect of borrowing and contracts by guardians, is hereby amended by adding at the end thereof the following: Provided, however, that upon application and showing the need by evidence, the court of ordinary or the superior court may authorize a guardian to borrow money to renovate or to make improvements upon property of his ward, or for the purposes set out in Code sections 42-903 and 49-204. so that said section as so amended, shall read: 49-226. The guardian may not borrow money and bind his ward therefor, nor may he, by any contract other than those specially allowed by law, bind his ward's property, or create any lien thereon. Provided, however, that upon application and showing the need by evidence, the court of ordinary or the superior court may authorize a guardian to borrow money to renovate or to make improvements upon property of his ward, or for the purposes set out in Code sections 42-903 and 49-204. Code 49-226 amended, loans. Section 11. Code section 49-238, relating to the exhaustion of property of principal to satisfy a judgment, is hereby amended by striking said Code section in its entirety, and in lieu thereof inserting the following: 49-238. Where judgment is obtained against the principal and surety or sureties alone, the plaintiff in fi. fa.
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may proceed to cause the execution to be levied upon property of any defendant in fi. fa. Code 49-238 amended, judgments. Section 12. Code section 49-308, relating to the expenses of giving bond, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following: 49-308. Guardians who are required to give bond as such, who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expense or cost of administration the cost of such bond premium or premiums. Code 49-308 amended, bonds. Section 13. Code section 49-310, relating to final settlement with guardians, is hereby amended by striking paragraph I in its entirety, and in lieu thereof inserting the following: 1. The rate of interest which shall be charged against a guardian on funds held by him without investment and without an order of court authorizing the funds to be held uninvested, shall be the same as that now provided by law; provided, however, that this section shall not be construed to authorize the guardian to use any part of the funds or estate of his ward for his own use or benefit. Section 14. Code section 49-313, relating to the resignation of a guardian, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 49-313. (a) Any guardian who, from age, infirmity, removal from the county, or for other cause, desires to resign his trust as such may apply to the ordinary having jurisdiction of the trust, setting forth the reason therefor, and also the name of some suitable person willing to accept the trust; whereupon the ordinary shall cite such person and the nearest of kin of such ward to appear before
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him at the next term of court, and if the ordinary shall be satisfied that such change of guardians will not be detrimental to the interest of the ward, and no good cause shall be shown against it, he shall grant the prayer of the applicant, discharging him from his trust on condition that he shall forthwith deliver all property and pay all money held by him as such guardian, upon a fair settlement of his accounts to his successor; and upon the filing of the evidence of such settlement and the receipt in full of his successor, the guardian shall be discharged from his said trust. The ward shall have the privilege, within five years after he shall have come of age, or his disabilities have been removed, to reopen such settlement and call for an accounting. Code 49-313 amended, resignation of guardian. (b) When a guardian desires to resign his trust and the ward has removed to a different county, the resignation of the guardian and the appointment of the successor guardian may be accomplished in the following manner: 1. The guardian may file a petition with the ordinary having jurisdiction of the trust, setting forth the reasons why he desires to resign his trust, and stating whether a petition for appointment of a successor guardian has been or will be filed with the ordinary of the ward's residence. The ordinary shall cite the three nearest adult relatives of the ward residing within the State to appear, or if less than three, upon all, and if the ordinary shall be satisfied that resignation of the guardian will not be detrimental to the interest of the ward and that a petition has been or will be filed for appointment of a successor guardian in the county of the ward's residence, and no good cause shall be shown against it, he shall grant the prayer of the petitioner and enter an order accepting the resignation of the guardian to take effect upon the filing with the court evidence of the appointment of a successor guardian by the ordinary of the county of the ward's residence. Said order shall provide for discharging the guardian from his trust on condition that he shall deliver all property and pay all money held by him as such guardian, upon a fair settlement of his accounts, to his successor; and upon the filing of the evidence of such
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settlement and the receipt in full of his successor, the guardian shall be discharged from his said trust. The ward shall have the privilege, within five years after he shall have come of age, or his disabilities have been removed, to reopen such settlement and call for an accounting. 2. A petition shall be filed with the ordinary of the county of the ward's residence to have a guardian appointed to succeed the guardian resigning in another county. This petition shall contain a statement of the facts as to the resignation of the guardian in the other county, and notice thereof shall be given as provided by Code section 49-112, as amended, for the appointment of a guardian for a minor under the age of 14 years, other than the child of the applicant. Should the ordinary be satisfied that he has jurisdiction and that necessity for appointment of a guardian exists and no good cause shall be shown against it, he shall appoint the successor guardian upon the filing with him of a certified copy of the order of the ordinary of the other county accepting the resignation of the guardian in that county. Section 15. Code section 49-401, relating to the proceedings for the transfer of property to a foreign guardian, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following: 49-401. Any guardian, administrator, executor or trustee in this state shall be authorized to deliver the property in his hands belonging to a non-resident ward, if there be no sufficient reason why such property should not be transferred, to a foreign guardian of the ward, when the foreign guardian has given security in the amount of double the value of the property which the ward owns in this State, and files with the ordinary of this State having jurisdiction a petition setting forth the facts as to his appointment, qualifications, and posting of bond, and praying for an order authorizing and directing the executor, administrator, trustee or guardian in this State to turn over to the foreign guardian the property of the ward. The foreign guardian shall attach to said
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petition appropriate exhibits of the letters of guardianship issued to him, or other evidence of his appointment as guardian, and a copy of his bond, authenticated as required by the Act of Congress. The foreign guardian shall also attach to said petition appropriate exhibit, or otherwise produce to the ordinary, a certificate from the judge or clerk of the court in his State that appointed him as guardian, certifying the amount of bond required for the guardianship of property of the ward then in that State, and as to the sufficiency of the security on the bond. Code 49-401 amended, transfer of property to foreign guardian. Section 16. Code section 49-806, relating to the notice of petition for appointment of guardian, is hereby amended by striking said section in its entirety, and in lieu thereof inserting the following: 49-806. Upon the application for the appointment of a guardian under Code Chapter 49-8, notice shall be given as provided by Code section 49-112, as amended, for the appointment of guardians for minors under the age of 14 years, other than the child of the applicant. Code 49-806 amended, applications for appointment. Section 17. Code section 49-807, relating to the bond and fitness of a guardian, is hereby amended by striking the figure $500 and inserting in lieu thereof the figure $1,000 and by adding at the end thereof: Provided, further, however, that the ordinary may, upon a proper showing that the value of the ward's estate has decreased, permit a decrease in the amount of the bond to an amount equal to the then value, plus the sums estimated to be payable to the ward during the ensuing year, provided, that no such reduction shall affect the liability of the surety for past waste or misconduct of the guardian. so that Code section 49-807, as so amended, shall read: 49-807. Before making an appointment under the provisions of this Chapter, the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment
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being made the guardian shall execute and file a bond to be approved by the court, in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be a security bond made by a solvent surety company in the form and be conditioned as required of guardians appointed under general guardianship laws. The court shall have the power from time to time to require the guardian to file an additional bond; provided, however, that where the total estate coming into the hands of such guardian shall at no time exceed the sum of $1,000, a bond with personal sureties, with at least two such sureties thereon, may be accepted if such personal sureties are solvent and are each worth the amount named as the penalty of the bond. Provided further, however, that the ordinary may, upon a proper showing that the value of the ward's estate has decreased, permit a decrease in the amount of the bond to the then value, plus the sums estimated to be payable to the ward during the ensuing year. Provided, that no such reduction shall affect the liability of the surety for past waste or misconduct of the guardian. Code 49-807 amended, amount of bond. Section 18. Code section 49-810, relating to the authority for expenditures by guardians, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following: 49-810. A guardian shall not apply any portion of the estate of his ward for the support, maintenance and education of any person other than his ward, spouse and the children of the ward who are legally dependent upon the ward, except upon order of the court after a hearing, notice of which has been given the proper office of the bureau in the manner provided in section 49-815. A guardian shall be authorized to make expenditures of funds of his ward for the proper support, maintenance and education of the spouse or dependent child of the ward without a court order, in the same manner as expenditures are made for the support, maintenance and education of the ward. Code 49-810 amended, expenditures by guardians. Section 19. The guardian of a ward's estate shall
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make and file with the ordinary an inventory of the estate in the same manner and within the same time as is required by administrators. Inventory. Section 20. Code section 49-212, relating to the manner of renting the lands of a minor by his guardian, which reads: Every renting of lands of a minor, unless by special order of the ordinary shall be in public to the highest bidder, and under the same rules as sheriff's sales, except that credit may be given on good security. Code 49-212 repealed. is hereby repealed in its entirety. Section 21. This Act shall become effective July 1, 1958. Effective date. Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. PRE-MARITAL EXAMINATION CERTIFICATESDESTRUCTION BY ORDINARY AFTER ONE YEAR. No. 471 (House Bill No. 803). An Act to amend an Act relating to pre-marital examinations, approved February 29, 1949 (Ga. L. 1949, p. 1054), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 217), so as to provide that the certificates and statements which are filed with the ordinary may be destroyed after a period of one year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to pre-marital examinations, approved February 29, 1949 (Ga. L. 1949, p. 1054),
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as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 217), is hereby amended by adding a new section, to be known as section 1A, to read as follows: Section 1A. The certificates and statements provided for herein, which must be presented to the ordinary and filed by him, may be destroyed by the ordinary after such certificates and statements have been on file for a period of at least one year after the date of such filing. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. NOMINATIONS FOR OFFICES FILLED BY GRAND JURY APPOINTMENT. No. 472 (House Bill No. 695). An Act to provide for nominations of persons to be elected, selected or appointed by the grand jury of a county; to provide the procedure in connection with such nominations; to provide for the duties of the clerk of the superior court with reference to such nominations; to provide for the payment of expenses of the clerk; to provide for such consideration of such nominations by the grand jury; to provide for a severability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever it is provided by law that the grand jury of any county shall elect, select or appoint any person to any office, the grand jury shall consider in its election, selection or appointment persons nominated in the manner hereinafter provided.
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Section 2. It shall be the duty of the clerk of the superior court to publish in the official organ of the county a notice that certain officers are to be elected, selected or appointed by the grand jury. Such publication shall be had once a week for two (2) weeks during a period not sooner than sixty (60) days prior and not less than thirty (30) days prior to such election, selection or appointment. The cost of such advertisement shall be paid from the general funds of the county, and it shall be the duty of the governing authority of the county to promptly pay said cost. Thereupon any twelve (12) persons, residents in said county, qualified to vote for members of the General Assembly may file a petition with said clerk nominating a qualified person or persons to be so elected, selected or appointed. The clerk of the superior court shall publish the names of all persons so nominated in the official organ of said county the week prior to the meeting of the grand jury. Advertisement, cost, nominations, etc. Section 3. It shall be the duty of the clerk of the superior court to transmit such nominations to the grand jury. The grand jury in electing, selecting or appointing any official shall consider all of the persons so nominated, but shall not be limited to such persons in its election, selection or appointment. Transmission of list to grand jury, selection. Section 4. Should the provisions of this Act be found to be unconstitutional or invalid as applicable to any particular officer or officers, such finding of unconstitutionality or invalidity shall in no wise affect the application of this Act to any other officer or officers. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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MOTOR COMMON CARRIERS' ACT AMENDED. Code 68-602 Amended. No. 474 (House Bill No. 439). An Act to amend Code section 68-602, relating to vehicles which are exempt from the Motor Common Carriers Act, so as to remove certain vehicles from such exemption; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-602, relating to vehicles which are exempt from the Motor Common Carriers Act, is hereby amended by striking in its entirety paragraph (b) thereof, which reads as follows: (b) Taxicabs, drays, trucks, busses, and other motor vehicles, which generally operate exclusively within the corporate limits or police limits of cities and towns and are subject to regulation by the governing authorities of such cities or towns or by the commission; and this exception shall apply even though such vehicles may in the prosecution of their regular business occasionally go beyond the corporate limits of such towns or cities, provided they do not operate to or from fixed termini outside of said limits. And inserting in lieu thereof a new paragraph (b), which shall read as follows: (b) Taxicabs, drays, trucks, busses, and other motor vehicles, which operate within the corporate limits or police limits of cities and towns and are subject to regulation by the governing authorities of such cities or towns or by the commission; and this exception shall apply to taxicabs and busses even though such vehicles may in the prosecution of their regular business occasionally go beyond the corporate limits of such towns or cities, provided they do not operate to or from fixed termini outside of said limits. Code 68-602 amended.
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(c) Nothing herein contained shall require the registration of any dray or truck which goes beyond such corporate limits only for the purpose of haulig chattels which have been seized under any court process. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. SIGNATURES ON PUBLIC SECURITIES. No. 476 (House Bill No. 642). An Act to provide for the use of facsimile signatures in the execution of public securities; to provide for definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Public securities heretofore or hereafter authorized to be issued and delivered at any one time may be executed with an engraved, imprinted, stamped or otherwise reproduced facsimile of any signature, seal or other means of authentication, certification or endorsement required or permitted to be recorded thereon, if so authorized by the board, body or officer empowered by law to authorize the issuance of such securities, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed. Section 2. The words public securities as used herein shall mean bonds, notes or other obligations for the payment of money issued by this State, by its political subdivisions, or by any department, agency or other instrumentality of this State or any of its political subdivisions.
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Section 3. That the provisions of this Act shall be permissive only and shall in no instance be mandatory. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. TEACHERS' RETIREMENT ACT AMENDED. No. 478 (House Bill No. 417). 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, so as to vest in members who withdraw from service prior to attaining retirement age and who have completed at least twenty years of creditable service and has not withdrawn his contributions, a service retirement benefit upon his attainment of age sixty or subsequent thereto; to provide a procedure connected therewith; 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 to section 5 a new subsection to be numbered subsection 10 to read: 10. Any other provision of this Act to the contrary notwithstanding, the right of the service retirement benefit under the provisions of this Act shall vest in a member who withdraws from service prior to attaining age sixty, providing said member shall have completed at least twenty years of creditable service and has not withdrawn his contributions. Said member shall upon filing an application as provided in this Act become entitled to
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service retirement benefit upon his attainment of the age of sixty or at his option at any date subsequent thereto, not to exceed two years. The service retirement benefit of any such member shall be as set forth in this Act based on the total credits accrued at the date of his withdrawal from service, provided that if an application for retirement is not filed within the stipulated two year period, or if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contribution at the time of his withdrawal from service, and nothing in this Act shall be construed as providing for any benefits prior to attaining age sixty other than a return of the contributions in case of death. Retirement benefits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. GEORGIA CIVIL DEFENSE ACT AMENDEDTEMPORARY SEAT OF GOVERNMENT IN EMERGENCY. No. 479 (House Bill No. 793). An Act to amend the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, by adding thereto a new section, section 7A, which will authorize the Governor, in the event of an emergency as defined by section 7 of said Act, and when it is impossible to conduct the affairs of the state government at the seat thereof in Atlanta, to designate by executive proclamation a temporary seat of government; to declare the effect of such declaration and the duration thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as
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amended, is hereby amended by adding after section 7 thereof, relating to the emergency powers of the Governor, a new section to be known as section 7A to read: Section 7A. In the event of declaration of an emergency by the Governor as provided by section 7 hereof, and where due to any cause arising out of such emergency it becomes impossible to conduct the affairs of the state government at the seat thereof in Atlanta, Fulton County, Georgia, the Governor shall by proclamation declare a new, temporary seat of government at such place in this state as the Governor may deem advisable under the circumstances. As a part of such proclamation, the Governor shall take all action and issue all orders as he may deem necessary to an orderly transition of the affairs of government to the new seat thereof, including the leasing of new quarters to house the departments of government. All official acts now or hereafter required by law to be performed at the seat of government, including the convening of the General Assembly in regular or extraordinary session, and all proceedings or court actions involving the state or its agencies or authorities now or hereafter required to be brought or conducted at the seat of government, shall be legal and binding when performed or conducted at such temporary location. Such temporary location shall remain at the seat of government until the General Assembly shall by law establish a new location, or until the emergency is declared to be ended by the Governor and the seat of government returned to its normal location in Atlanta. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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ACTIONS FOR FALSE ARRESTDEFENSES IN CERTAIN CASES. No. 481 (House Bill No. 91). An Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circumstances where arrest or detention occurs in mercantile establishments and where plaintiff in such action has conducted himself in such manner as to bring about such arrest or detention; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever the owner or operator of a mercantile establishment or any agent or employee of such owner or operator shall detain or arrest, or cause to be detained or arrested, any person reasonably thought to be engaged in shoplifting and, as a result of such detention or arrest, the person so detained or arrested shall institute suit for false arrest or false imprisonment against such owner, operator, agent or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence that the plaintiff had so conducted himself, or behaved in such manner, as to cause a man of reasonable prudence to believe that such plaintiff was committing the offense of shoplifting, as defined by the Statute of this State, at or immediately prior to the time of such detention or arrest, or provided that the manner of such detention or arrest and the length of time during which such plaintiff was detained was under all of the circumstances reasonable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958.
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DRIVER RESPONSIBILITY LAW AMENDED. No. 483 (Senate Bill No. 194). An Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. L. 1951, p. 565), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 543), and an Act approved February 26, 1957 (Ga. L. 1957, p. 124), so as to increase the amount of property damage liability insurance or bond required under various sections of the Act; to repeal provisions dealing with the revocation of drivers' licenses by the director of the Department of Public Safety upon conviction, plea of guilty, or forfeiture of appearance of bond for certain traffic law offenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the giving of security by the owners and operators of motor vehicles, approved February 21, 1951 (Ga. L. 1951, p. 565), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 543), and an Act approved February 26, 1957 (Ga. L. 1957, p. 124), is hereby amended by striking from the last paragraph of subsection (c) of section 5 the figure $1,000 and by substituting in lieu thereof the figure $5,000 so that the last paragraph of subsection (c) of section 5, as amended hereby, shall read as follows: No such policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this State, except that if such motor vehicle was not registered in this State, or was a motor vehicle which was registered elsewhere than in this State at the effective date of the policy or bond, or the most recent renewal thereof, such policy or bond shall not be effective under this section unless the insurance company or surety company, if not authorized to do business in this State, shall execute a power of attorney authorizing the director to accept
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service on its behalf of notice or process in any action upon such policy or bond arising out of accident; provided, however, every such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $10,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than $20,000 because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $5,000 because of injury to or destruction of property of others in any one accident. Amount of liability insurance. Section 2. Said Act is further amended by striking from subparagraph (4) (c) of subsection (e) of section 5 the figure $1,000 and by substituting in lieu thereof the figure $5,000, so that subparagraph (4) (c) of subsection (e) of section 5 of said Act, as amended hereby, shall read as follows: (4) (c). When $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of the injury to or destruction of property of others as a result of any one accident; Section 3. Section 7-A of said Act is hereby repealed in its entirety. Section 4. Said Act is further amended by striking subsections (b) and (c) of section 8 in their entirety and by substituting in lieu thereof new subsections (b) and (c) of section 8 to read as follows: (b). When a non-resident's operating privilege is suspended or revoked pursuant to section 5 or section 7 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 certificates and registration plates in the State in which such non-resident resides if the law of such other State provides for action
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in relation thereto similar to that provided for in subsection (c) of this section. Offenses by non-resident. (c). Upon receipt of a certification that the operating privilege of a resident of this State has been suspended or revoked by any 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 under circumstances which would require the director to suspend or revoke a non-resident's operating privilege had the accident occured in this State, the director shall suspend or revoke the license of such resident 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 5. Said Act is further amended by striking from the first paragraph of section 9 the figure $1,000 and substituting in lieu thereof the figure $5,000, so that the first paragraph of section 9, as amended hereby, shall read as follows: Section 9. Form and amount of security. The security required under this Act shall be in such form and in such amount as the director may require but not in excess of $10,000 where only one person was injured or killed, $20,000 where more than one, nor $5,000 for property damage. The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while such deposit is in the custody of the director or State Treasurer, the person depositing may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons; provided, however, that a single deposit of security shall be applicable only on behalf of persons
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required to furnish security because of the same accident. Section 5A. Section 3 of this Act shall become effective upon the enactment and approval of House Bill 687 which revises, consolidates, and supercedes all laws relating to the creation of the Department of Public Safety. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1958. TREATMENT OF MENTALLY ILL PERSONS. No. 485 (Senate Bill No. 203). An Act to provide for the treatment of mentally ill persons, both voluntarily and involuntarily; to provide the procedure connected therewith; to provide for the discharge of mentally ill patients and the procedure connected therewith; to authorize public and private hospitals to accept mentally ill persons for observation, diagnosis, care and treatment, and the procedure connected therewith; to provide for hospitalization upon court order and the judicial procedure connected therewith; to provide for appeals; to provide for hospitalization by an agency of the United States and the procedure connected therewith; to provide for the transportation and the temporary detention of mentally ill persons and the procedure connected therewith; to provide for the transfer of patients; to provide for release and the procedure connected therewith; to provide compensation for services hereunder; to prohibit the use of mechanical restraints unless required by the medical needs of the patient; to provide for writ of habeas corpus; to provide penalties for violations; to provide that this Act shall be supplemental to existing laws of the State relating to the commitment of insane
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persons and the restoration of sanity as provided by law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (1) Mentally ill person shall mean a person who is afflicted with a psychiatric disorder which substantially impairs his mental health; and, because of such psychiatric disorder, requires care, treatment, training or detention in the interest of the welfare of such person or the welfare of others of the community in which such person resides; Definitions. (2) Psychiatric disorder means any mental illness or disease and shall include, but not be limited to, any mental deficiency, alcoholism or addiction to narcotic drugs; (3) Division or Director shall mean the Director of the Department of Public Welfare or any employee designated and appointed a deputy agentor representative of the Department of Public Welfare; (4) Psychiatric hospital shall mean any public, private, or state-owned or operated hospital or school for the care, treatment, training or detention of persons who are mentally ill and which is approved by the division for such purpose or purposes. (5) Patient shall mean any mentally ill person, or any person who is in or under, the supervision and control of any psychiatric hospital, or who, because of his mental illness, is under the supervision and control of any court of ordinary of this State; (6) Superintendent shall mean the chief administrative officer of any psychiatric hospital, or any employee or duly qualified physician designated and appointed as a deputy, agent or representative of such superintendent;
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(7) Psychiatrist shall mean any person who holds license to practice medicine in the State of Georgia and who is certified by the American Board of Psychiatry and Neurology, Incorporated, or who is eligible for such certification; (8) Physician shall mean any person who holds a license to practice medicine in the State of Georgia; (9) Resident shall mean a person who has lived in the State of Georgia for at least one year continuously prior to his admission to any psychiatric hospital: Provided, that any time spent by such person in a public or private psychiatric hospital or institution shall not be included in the computation of the one-year residence requirement: Provided, further, that, in the event a person has been a resident of a state with which state the State of Georgia has no reciprocal agreement, the residence requirements for such person to gain admission to any psychiatric hospital of this State shall not be less than the residence requirements of the state of the former residence of such person; (10) Administrator shall mean any person who is the chief administrative officer of any hospital, sanitarium, institution, agency or instrumentality, maintained or provided by the United States Veterans Administration, wherein mental illnesses are treated: Provided, that wherever the term administrator is used in this Act, or is used in any court order, it shall include his successor or successors. (11) Designated examiner shall mean a licensed physician registered by the division as specially qualified, under standards established by it, in the diagnosis of mental or related illness. Section 2. Authority to receive voluntary patients. The head of a private hospital may and the head of a public hospital, subject to the availability of suitable accommodation, shall admit for observation, diagnosis, care, and treatment any individual who is mentally ill or has
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symptoms of mental illness and who, being 16 years of age or over, applies therefor, and any individual under 16 years of age who is mentally ill or has symptoms of mental illness, if his parent or legal guardian applies therefor in his behalf. Nothing contained herein shall be construed so as to create an obligation upon the State, or any political subdivision thereof, to pay for treatment, diagnosis or care, in a private hospital. Section 3. Discharge of voluntary patients. The head of the hospital shall discharge any voluntary patient who has recovered or whose hospitalization he determines to be no longer advisable. He may also discharge any voluntary patient if to do so would, in the judgment of the head of the hospital, contribute to the most effective use of the hospital in the care and treatment of the mentally ill. Section 4. Right to release on application. (a) A voluntary patient who request his release or whose release is requested, in writing, by his legal guardian, parent, spouse, or adult next of kin shall be released forthwith except that (1) if the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient thereto, and (2) if the patient, by reason of his age, was admitted on the application of another person, his release prior to becoming 16 years of age may be conditioned upon the consent of his parent or guardian, and (3) if the head of the hospital, within 48 hours from the receipt of the request, files with the court of ordinary, a certification that in his opinion the release of the patient would be unsafe for the patient or others, release may be postponed upon commencement of proceedings for judicial commitment, as provided by law, but in no event for
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more than 5 days, unless commitment proceedings for judicial commitment are pending and the Ordinary determines that confinement is necessary. (b) Notwithstanding any other provision of this Act, judicial proceedings for commitment shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by himself or the individual who applied for his admission. Section 5. Authority to receive involuntary patients. The head of a private hospital may and the head of a public hospital, subject to the availability of suitable accommodations, shall receive therein for observation, diagnosis, care, and treatment any individual whose admission is applied for under the provisions of this Act. Nothing contained herein shall be construed so as to create an obligation upon the State, or any political subdivision thereof, to pay for the treatment, diagnosis or care, in a private hospital. Section 6. Hospitalization upon court order; judicial procedure. (a) Proceedings for the involuntary hospitalization of an alleged patient may be commenced by the filing of a written application certifying to the knowledge or belief as to the mental condition of the alleged patient with the ordinary by a friend, relative, spouse, or guardian of the alleged patient, or by a licensed physician, a health or public welfare officer, or the head of any public or private institution in which such alleged patient may be. Any such application shall be accompanied by a certificate of a licensed physician stating that he has examined the alleged patient and is of the opinion that he is mentally ill and should be hospitalized. Such application shall be filed and placed on record in the office of the ordinary of the county of the legal residence of the alleged patient, and said certificate shall constitute notice to the world of the pending proceedings. (b) Upon receipt of an application, the court shall give notice thereof to the alleged patient, to his legal guardian, if any, and to his spouse, parents, and nearest
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known other relative or friend. If notice is given to his attorney, guardian or nearest adult relative. (c) As soon as practicable after notice of the commencement of proceedings is given or it is determined that notice should be omitted, the court shall appoint two designated examiners to examine the alleged patient and report to the court their findings as to the mental condition of the alleged patient and his need for custody, care, or treatment in a mental hospital. (d) The examination shall be held at a hospital or other medical facility, at the home of the alleged patient, or at any other suitable place not likely to have a harmful effect on his health. An alleged patient to whom notice of the commencement of proceedings has been omitted shall not be required to submit to an examination against his will, and on the report of the designated examiners of refusal to submit to an examination the court shall give notice to the alleged patient as provided under paragraph (b) of this section and order him to submit to such examination. (e) If the report of the designated examiners is to the effect that the alleged patient is not mentally ill, the court shall without taking any further action terminate the proceedings and dismiss the application; otherwise, it shall forthwith fix a date for and give notice of a hearing to be held not more than 15 days from the filing of the report by the examiners. (f) The alleged patient, the applicant, and all other persons to whom notice is required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses, and the court may in its discretion receive the testimony of any person. The alleged patient shall not be required to be present, and all persons not necessary for the conduct of the proceedings shall be excluded, except that the court may admit persons having a legitimate interest in the proceedings. The hearings shall be conducted in as informal a manner as may be consistent with orderly
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procedure and in a physical setting not likely to have a harmful effect on the mental health of the alleged patient. The court shall receive all relevant and material evidence which may be offered and shall be bound by the strict rules of evidence. An opportunity to be represented by counsel shall be afforded to every alleged patient, and if neither he nor others provide counsel, the court shall appoint counsel. (g) If, upon completion of the hearing and consideration of the record, the court finds that the alleged patient. (1) is mentally ill, and (2) because of his illness is likely to injure himself or others if allowed to remain at liberty, it shall order his hospitalization for an indeterminate period, or for a temporary observational period, not exceeding 6 months; otherwise, it shall dismiss the proceedings. If the order is for a temporary period the court may at any time prior to the expiration of such period, on the basis of a report of the head of the hospital, and such further inquiry as it may deem appropriate, order indeterminate hospitalization of the patient or dismissal of the proceedings. (h) The order of hospitalization shall state whether the individual shall be detained for an indeterminate or for a temporary period and if for a temporary period, then for how long. Unless otherwise directed by the court, it shall be the responsibility of the director to assure the carrying out of the order within such period as the court shall specify. (i) The head of the hospital admitting a patient pursuant to proceedings under this section shall forthwith make a report of such admission to the division. (j) The patient, if dissatisfied with the decision of the ordinary may, within four days after the filing of such
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decision, enter an appeal to the superior court of such county where the issue shall be submitted to a jury as in other cases of appeal from the court of ordinary, with the right of either party to except from the judgment of the superior court to the Supreme Court or the Court of Appeals, as provided by law. In the event no appeal is taken as provided herein, the decision of the ordinary shall be final. Section 7. Hospitalization by an agency of the United States. (a) If a patient ordered to be hospitalized pursuant to the previous section is eligible for hospital care or treatment by United States Veterans Hospital, the court, upon receipt of a certificate from such agency showing that facilities are available and that the patient is eligible for care or treatment therein, may order him to be placed in the custody of such agency for hospitalization. When any such patient is admitted pursuant to the order of such court to any hospital or institution operated by United States Veterans Hospital within or without the State, he shall be subject to the rules and regulations of such agency. The chief officer of any hospital or institution operated by such agency and in which the individual is so hospitalized, shall with respect to such individual be vested with the same powers as the heads of hospitals or the division within this State with respect to detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in the appropriate courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of his hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned. (b) An order of a court of competent jurisdiction of another State, or of the District of Columbia, authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the court entering order; and the courts of the State or District issuing the order shall be deemed to have retained jurisdiction of the patient so hospitalized for
Page 705
the purpose of inquiring into his mental condition and of determining the necessity for continuance of his hospitalization, as is provided in subsection (a) of this section with respect to patients ordered hospitalized by the courts of this State. Consent is hereby given to the application of the law of the State or District in which is located the court issuing the order for hospitalization with respect to the authority of the chief officer of any hospital or institution operated in this State by any agency of the United States to retain custody, transfer, conditionally release, or discharge the patient hospitalized. Section 8. Transportation; temporary detention. (a) Whenever a patient is about to be hospitalized under the privisions of this Act, the ordinary shall, upon the request of a person having a proper interest in the patient's hospitalization, arrange for the patient's transportation to the hospital with suitable medical or nursing attendants and by such means as may be suitable for his medical condition. Whenever practicable, the patient to be hospitalized shall be permitted to be accompanied by one or more of his friends or relatives. Provided, however, in no event shall a patient be sent beyond the borders of the State of Georgia without his consent. (b) Pending his removal to a hospital, a patient taken into custody or ordered to be hospitalized pursuant to this Act may be detained in his home or any other suitable facility under such reasonable conditions as the ordinary may fix, but he shall not, except because of and during an extreme emergency, be detained in a nonmedical facility used for the detention of individuals charged with or convicted of penal offenses. The ordinary shall take such reasonable measures, including provision of medical care, as may be necessary to assure proper care of a patient temporarily detained pursuant to this section. Section 9. Medical examination of newly admitted patients. Every patient admitted pursuant to the provisions
Page 706
of this Act shall be examined by the staff of the hospital as soon as practicable after his admission. Section 10. Transfer of patients. (a) The division may transfer, or authorize the transfer of a patient from one hospital to another if the division determines that it would be consistent with the medical needs of the patient to do so. Whenever a patient is transferred, written notice thereof shall be given to his legal guardian, parents, or spouse, or, if none be known, his nearest known relative or friend. In all such transfers, due consideration shall be given to the relationship of the patient to his family, legal guardian or friends, so as to maintain relationships and encourage visits beneficial to the patient. (b) Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any individual ordered hospitalized pursuant to law in any hospital for care or treatment of the mentally ill and that such individual is eligible for care or treatment in a hospital or institution of such agency, the division may cause his transfer to such agency of the United States for hospitalization. Upon effecting any such transfer, the court ordering hospitalization, the legal guardian, spouse, or parents, or if none be known, his nearest known relative or friend shall be notified thereof immediately by the division. No person shall be transferred to an agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the basis of non compos mentis unless prior to transfer the court originally ordering confinement of such person shall enter an order for such transfer after appropriated motion and hearing. Any person transferred as provided in this section to an agency of the United States shall be deemed to be hospitalized by such agency pursuant to the original order of hospitalization. Section 11. Discharge. The head of a hospital shall as frequently as practicable, but not less often than every 6 months, examine or cause to be examined every patient and whenever he determines that the conditions
Page 707
justifying hospitalization no longer exist, discharge the patient and immediately make a report thereof to the division and to the ordinary, if any, that committed the patient. Section 12. Convalescent status; rehospitalization. (a) The head of a hospital may release an improved patient on convalescent status when he believes that such release is in the best interest of the patient. Release on convalescent status shall include provisions for continuing responsibility to and by the hospital, including a plan of treatment on an outpatient or non-hospital patient basis. Prior to the end of a year on convalescent status, and not less frequently than annually thereafter, the head of the hospital shall re-examine the facts relating to the hospitalization of the patient on convalescent status and, if he determines that in view of the condition of the patient hospitalization is no longer necessary, he shall discharge the patient and make a report thereof to the Division and to the ordinary, if any, committing the patient. (b) Prior to such discharge, the head of the hospital from which the patient is given convalescent status may at any time readmit the patient. If there is reason to believe that it is to the best interests of the patient to be rehospitalized, the division or the head of the hospital may recommend and the ordinary may issue an order for the immediate rehospitalization of the patient. Section 13. Right to release; application for judicial determination. (a) Any patient hospitalized under the provisions of this Act who requests to be released or whose release is requested in writing by his legal guardian, spouse, or nearest adult next of kin shall be released within 48 hours after receipt of the request except that upon application to the ordinary, supported by a certification by the head of the hospital that in his opinion such release would be unsafe for the patient or for others, release may be postponed for such period not to exceed 5 days as the ordinary may determine to be necessary for the commencement of proceedings for a judicial determination
Page 708
pursuant to this Act or for commitment under the laws of this State. (b) The head of the hospital shall provide reasonable means and arrangements for informing patients of their right to release as provided in this section and for assisting them in making and presenting request for release. Section 14. Petition for re-examination of order or hospitalization. Any patient hospitalized pursuant to this Act shall be entitled to a re-examination of the order for his hospitalization on his own petition, or that of his legal guardian, parent, spouse, relative, or friend, to the court of ordinary in which he resides or is detained. Upon receipt of the petition, the court shall conduct or cause to be conducted by a special commissioner proceedings in accordance with this Act, except that such proceedings shall not be required to be conducted if the petition is filed sooner than 6 months after the issuance of the order of hospitalization or sooner than 1 year after the filing of a previous petition under this section. Section 15. Right to humane care and treatment. Every patient shall be entitled to humane care and treatment and, to the extent that facilities, equipment, and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice. Section 16. Mechanical restraints. Mechanical restraints shall not be applied to a patient unless it is determined by the head of the hospital or his designee to be required by the medical needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient under the signature of the head of the hospital or his designee. Section 17. Right to communication and visitation; exercise of civil rights, subject to reasonable rules and regulation. (a) Every patient shall be entitled (1) to communicate by sealed mail or otherwise with
Page 709
persons, including official agencies, inside or outside the hospital; (2) to receive visitors during regular visiting hours. (b) Any limitations imposed by the head of the hospital on the exercise of these rights by the patient and the reasons for such limitations shall be made a part of the clinical record of the patient. Section 18. Writ of habeas corpus. Any individual detained pursuant to this Act shall be entitled to the writ of habeas corpus upon proper petition by himself or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which he is detained. Section 19. Disclosure of information. (a) All certificates, applications, records, and reports made under the provisions of this Act and directly or indirectly identifying a patient or former patient or an individual hospitalized under this Act shall be kept confidential and shall not be disclosed by any person except insofar (1) as the individual identified or his legal guardian, if any (or, if he is a minor, his parent or legal guardian), shall consent, or (2) as disclosure may be necessary to carry out the provisions of this Act, or (3) as a court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make such disclosure would be contrary to the public interest. (b) Nothing in this section shall preclude disclosure, upon proper inquiry, of information as to his current medical condition, to any members of the family of a patient or to his relatives or friends. (c) Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law.
Page 710
Section 20. Detention pending judicial determination. Notwithstanding any other provisions of this Act, no patient with respect to whom proceedings for judicial hospitalization have been commenced hereunder shall be released or discharged during the pendency of such proceedings unless ordered by the court or a judge thereof upon the application of the patient, or his legal guardian, parent, spouse, or next of kin, or upon the report of the head of the hospital that the patient may be discharged with safety. Section 21. Additional powers of Division. In addition to the specific authority granted by other provisions of this Act, the division shall have the authority to prescribe the form of applications, records, reports, and medical certificates provided for under this Act and the information required to be contained therein; to require reports from the head of any hospital relating to the admission, examination, diagnosis, release, or discharge of any patient under the provisions of this Act; to visit each hospital regularly to review the commitment procedures of all patients; to investigate complaints made by any patient or by any person on behalf of a patient; and to adopt such rules and regulations not inconsistent with the provisions of this Act as it may find to be reasonably necessary for proper and efficient hospitalization of the mentally ill. Section 22. Any person who wilfully causes or conspires with or assists another to cause (1) the unwarranted hospitalization of any individual under the provisions of this Act, or (2) the denial of any individual of any of the rghts accorded to him under the provisions of this Act, shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than ten years, or by fine of not to exceed $10,000.00 or both. Crimes. Section 23. The provisions of this Act shall be supplemental to and not in degradation of the laws of this State now in force relating to commitment of insane persons and the procedure connected therewith; the
Page 711
procedures for the restoration of sanity; and the laws relating to the appointment of a guardian. Any patient, or his counsel, who is subject to the involuntary hospitalization provisions of this Act may demand commitment under the laws in force of this State prior to the adoption of this Act and, upon the filing of such demand, it shall be mandatory that the patient be committed under the commitment laws now in force and it shall be unlawful and a violation of this Act to proceed further under the provisions of this Act when such a demand is made. Intent. Section 24. The ordinary, with the approval of the governing authority of the county, is hereby authorized to fix the compensation for services under the provisions of this Act. Such compensation shall be paid from county funds as an expense of the court of ordinary. Expenses of Act. Section 25. This Act shall become effective as of July 1, 1958. Effective date. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1958. DIVISION OF MENTAL HEALTH OF DEPARTMENT OF PUBLIC HEALTH CREATED. No. 486 (Senate Bill No. 205). An Act to create an administrative division of mental health within the Department of Public Health; to provide for the appointment of a Director of Mental Health and to fix his duties and compensation; to provide for personnel, their duties and compensation; to authorize the establishment of facilities for the treatment of mentally ill persons; to provide for the prevention of mental illness; to provide for the care, diagnosis, treatment, custody, and the rehabilitation of mentally ill persons; to authorize the training of professional and
Page 712
technical personnel necessary to maintain and operate programs and services authorized by law; to provide the State Board of Health with the necessary additional powers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created within the Department of Public Health an administrative division to be known as the Division of Mental Health. Said division shall be composed of a Director of Mental Health, and such personnel as are necessary to perform the duties imposed by law upon said division, the Director of Mental Health, or the State Board of Health. The Director of the Department of Public Health, with the approval of the State Board of Health, shall appoint the Director of Mental Health. No person shall be appointed Director of Mental Health unless he shall hold a license to practice medicine in the State of Georgia. It is the intent of the General Assembly that this office shall be held by a person who is qualified by experience to administer said division. Said Director of Mental Health shall receive a salary to be determined by the Director of Public Health, with the approval of the State Board of Health, in a sum commensurate with the duties which he is charged to perform under the terms of this Act. Created. The State Board of Health shall: (a) Exercise general supervision and control of the division; Duties. (b) Direct, supervise and control the medical and physical care, treatment and mental rehabilitation of patients in the institutions under the control, management, or supervision of the State Board of Health; (c) Exercise all other powers and duties commensurate with the purposes of this Act, including but not confined to the prevention of mental illness, the treatment, care, custody, diagnosis, and the rehabilitation of
Page 713
mentally ill persons, together with the duties and powers hereinafter set forth and such other duties and powers as may be deemed necessary to affectuate the purposes of this Act; (d) Adopt and promulgate such rules and regulations as are necessary and proper to carry out the purpose of this Act; (e) Be and is designated the State Agency to receive and administer federal funds under the provisions of the National Mental Health Act. Section 2. The State Board of Health, or its duly authorized agent, shall have the power to establish facilities for the treatment of the mentally ill over the State of Georgia. Such facilities shall be operated, supervised and staffed as directed by the State Board of Health. The State Board of Health or its duly authorized agent, shall prescribe the procedure for admission to and release from such treatment centers. Same. Section 3. The State Board of Health or its duly authorized agent, shall be authorized and directed to establish and maintain an adequate program for training the professional and technical personnel necessary to maintain and operate programs, facilities and institutions authorized by law. Same. Section 4. The State Board of Health or its duly authorized agent, shall have the authority to negotiate with and contract for services in the field of mental health with public or private hospitals, medical schools, or other training institutions for the above stated services, personnel training, and other purposes set forth under this Act as long as said private institution are non-profit institutions. Same. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1958.
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GEORGIA PORTS AUTHORITYPOWERS DEFINED. No. 487 (Senate Bill No. 202). An Act to further define the powers of the Georgia Ports Authority created by an Act approved March 9, 1945; to authorize the Georgia Ports Authority to sell, lease or otherwise dispose of surplus property, real or personal; to borrow money for corporate purposes; to authorize the Governor to make available to the Georgia Ports Authority funds appropriated for the establishment and development of port facilities; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Georgia Ports Authority created by the Act of the General Assembly of Georgia approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by the Act approved February 17, 1949 (Ga. L. 1949, p. 778), in addition to the powers conferred upon it by the said Act of 1945, as amended, shall have and may exercise the following powers: (a) The Authority may borrow money for its corporate purposes and may execute evidences of indebtedness therefor and may secure such indebtedness in such manner as the Authority may provide by its resolution authorizing such indebtedness to be incurred: Provided that the Authority shall not pledge to the payment of such indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement or trust indenture securing existing indebtedness. Borrow money. (b) The Authority may from time to time sell or otherwise dispose of surplus personal property, and may sell or otherwise dispose of land and any improvements thereon acquired by the Authority pursuant to law and which the Authority may determine is not required for port or
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warehouse operations or for the future expansion and improvement of the State system of docks, including property which is suitable for industrial development. Any such property may be sold, leased or otherwise disposed of upon such terms and conditions as may be provided by resolution of the Authority. The proceeds of any such sale shall be used by the Authority for the purposes provided by law. Provided however that any sale of land or leasing of same and mortgaging of same or conveying the same as security for a loan as provided under the section shall be first approved in writing by the Governor, the State Auditor and the Attorney General. Sale of surplus property. Section 2. The Governor may make available to the Georgia Ports Authority for the purpose of acquiring necessary lands, including improvements thereon, as well as for constructing buildings, terminals and other port facilities, any funds heretofore or hereafter appropriated for the construction of port facilities. Any land so acquired shall be conveyed to the Georgia Ports Authority. Acquisition of property. Section 2-A. Notwithstanding any of the provisions set out herein, said Authority shall not purchase any real property without the approval and consent of the State Property Acquisition Committee. Same. Section 3. The powers conferred by this Act upon the Georgia Ports Authority shall be cumulative of those conferred by the aforesaid Act approved March 9, 1945, as amended by the Act approved February 17, 1949. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1958.
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HON. GEORGE L. MATHEWSMEMBER OF STATE HIGHWAY BOARD. No. 178 (House Resolution No. 296). A Resolution. Be it resolved by the General Assembly of Georgia that Honorable George L. Mathews is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Central State Highway District, for the unexpired term of Honorable Dixon Oxford, expiring on February 8, 1960. Be it further resolved that a copy of this resolution be delivered to His Excellency, the Governor, and to the Secretary of State, and that said Honorable George L. Mathews be commissioned as a member of said board for a term as aforesaid. Approved March 28, 1958. HON. JOHN E. QUILLIANMEMBER OF STATE HIGHWAY BOARD. No. 179 (House Resolution No. 295). A Resolution. Be it resolved by the General Assembly of Georgia that Honorable John E. Quillian is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Northern State Highway District, to succeed himself for a full six-year term, expiring on February 8, 1964. Be it further resolved that a copy of this resolution be delivered to his Excellency, the Governor, and to the Secretary of State, and that said Honorable John E.
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Quillian be commissioned as a member of said board for a term as aforesaid. Approved March 28, 1958. ELBERT COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. (Senate Resolution No. 140). A Resolution. Proposing an Amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by districts; to provide for education districts; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I, of the Constitution, as amended, relating to the County Boards of Education is hereby amended by adding at the end thereof the following: The Board of Education of Elbert County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members of Elbert County as hereby divided into five education districts. (All directions are general directions from the City of Elberton). Education district No. 1 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (southwest) and State Highway 17 (southeast). Education district No. 2 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (southeast) and State Highway 72 (east). Education district No. 3 shall be composed of that area outside the corporate limits of the City of
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Elberton between State Highway 72 (east) and State Highway 17 (north). Education district No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (north) and State Highway 72 (southwest). Education district No. 5 shall be composed of that area within the corporate limits of the City of Elberton. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers. Each member of the board shall be elected by the voters of Elbert County. In the event this amendment is ratified, it shall be the duty of the Ordinary of Elbert County to issue the call for an election, which call shall be issued on or before December 1, 1958. The Ordinary shall set the date for such election on Wednesday, December 10, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Elbert County created under this amendment. It shall be the duty of the ordinary to publish the date of the election and the purpose thereof at least once preceding the date of the election in the official organ of Elbert County. The members elected at such election shall take office January 1, 1961. The members elected at such election shall serve for a term of four years ending December 31, 1965, and until their successors are elected and qualified. All future members shall be elected at the same time as other county officers of Elbert County are elected in the year 1960 and each four years thereafter and shall take office on January 1 following their election. Future members shall serve for a term of four years and until their successors are elected and qualified. In the event of a vacancy on the board, for any cause other than the expiration of a term of office, the remaining members of the board, by a majority vote, shall appoint a successor to fill the vacancy. The person so appointed to fill the vacancy must reside in the district he is to represent. The removal of any member from the district that he represents shall disqualify the member and vacate his office and a successor shall be appointed as herein provided. The board shall elect
Page 719
a chairman who shall serve at the pleasure of the board. The members of the board shall be compensated in the amount of $15.00 per diem for the days on which they are actually performing services as members of the board, but shall not be entitled to be compensated in the amount of more than $30.00 per month unless otherwise provided by law. 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. 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 and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 election of the Elbert County Board of Education. Against ratification of amendment to the Constitution so as to provide for election of the Elbert 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.
Page 720
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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APPELLATE COURTS SUPREME COURT OF GEORGIA HON. W. H. DUCKWORTH Chief Justice HON. LEE B. WYATT Presiding Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice HON. J. H. HAWKINS Associate Justice HON. BOND ALMAND Associate Justice HON. CARLTON MOBLEY Associate Justice ROBERT H. BRINSON, JR. Law Assistant T. E. DUNCAN Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant L. HAROLD GLORE Law Assistant HARRY P. HALL, JR. Law Assistant J. GRIFFIN PATRICK, JR. Law Assistant MISS KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter 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 H. GRADY ALMAND Law Assistant KELLEY QUILLIAN Law Assistant BEN ESTES Law Assistant MORGAN THOMAS Clerk RALPH CARLISLE Deputy Clerk MISS EDNA E. BENNETT Special Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter J. I. GUICE Sheriff
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JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. FOLKS HUXFORD, Judge, Homerville. 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, LUTHER ALVERSON, E. E. ANDREWS, RALPH PHARR, GEORGE P. WHITMAN, SR., JESSE M. WOOD, CLAUDE D. SHAW, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, Judges, Atlanta. PAUL WEBB, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.
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ATLANTIC CIRCUIT. HON. MELVILLE PRICE, Judge, Ludowici. BRUCE D. DUBBERLY, Solicitor-General, Glennville. BryanThird Monday in March and first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May, second Monday in September, and first Monday in December. TattnallThird Mondays in April and October. AUGUSTA CIRCUIT. HONS. GROVER C. ANDERSON, Waynesboro; F. FREDERICK KENNEDY, Augusta, Judges. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Mondays in May and November. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. HON. HOWELL BROOKE, Judge, Canton. SAM P. BURTZ, Solicitor-General, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninFourth Mondays in April and August; first 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.
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BRUNSWICK CIRCUIT. HON. DOUGLAS F. THOMAS, Judge, Jesup. W. GLENN THOMAS, Solicitor-General, Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Mondays in April and November; third Monday in June. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst Mondays in March, June, and December, and fourth Monday in September. WayneThird and fourth Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HONS. HUBERT CALHOUN, J. R. THOMPSON, Judges, 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. JEFFERSON L. DAVIS, Judge, Cartersville. RONALD F. CHANCE, Solicitor-General, Calhoun. 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.
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CLAYTON CIRCUIT. HON. WILLIAM H. REYNOLDS, Judge, Jonesboro. LEE HUTCHESON, Solicitor-General, Jonesboro. ClaytonFirst Mondays in February, May, August and November. 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 726
DUBLIN CIRCUIT. HON. RUFUS I. STEPHENS, Judge, Dublin. HAROLD E. WARD, Solicitor-General, Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. Note: Effective May 31, 1958. TreutlenThird Mondays in February and August. TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT HONS. DUNBAR HARRISON, EDWIN A. McWHORTER, B. B. HEERY, 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 second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July, and first Monday in August. SpaldingFirst and second Mondays in February and October, and third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August, and first and second Mondays in November.
Page 727
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. ChattoogaSecond Mondays in January, April, July and October. DadeThird Mondays in March, June and September, and second Monday in December. WalkerThird Mondays in February and August, and first Mondays in May and November. MACON CIRCUIT. HONS. OSCAR L. LONG, Macon; A. M. ANDERSON, Perry, Judges. WILLIAM M. WEST, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. HoustonThird and fourth Mondays in April and August; and first and second Mondays in December. PeachFirst and second Mondays in March and August, and third and fourth Mondays in November. MIDDLE CIRCUIT. HON. ROBERT H. HUMPHREY, Judge, Swainsboro. W. H. LANIER, Solicitor-General, Metter. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.
Page 728
MOUNTAIN CIRCUIT. HON. JOHN E. FRANKUM, Judge, Clarkesville. IRWIN R. KIMZEY, Solicitor-General, Clarkesville. HabershamFirst Mondays in March, June and November; second Monday in August. 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. CAREY SKELTON, Judge, Hartwell. CLETE D. JOHNSON, Solicitor-General, Carnesville. 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.
Page 729
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. JonesFirst Mondays in February and August; third 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. J. 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. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT. HON. J. L. RENFROE, Judge, Statesboro. WALTON USHER, Solicitor-General, Guyton. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.
Page 730
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. MAYLON CLINKSCALES, Judge, Commerce. ALFRED A. QUILLIAN, Solicitor-General, Winder. 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, March, July, and September; and first Mondays in May and November. SOUTHERN CIRCUIT. HON. GEORGE R. LILLY, Judge, Quitman. J. B. EDWARDS, Solicitor-General, Thomasville. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July, and October.
Page 731
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; H. O. HUBERT, Jr., Decatur, Judges. RICHARD BELL, Solicitor-General, Decatur. 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, July, and October. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August.
Page 732
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. EARLE NORMAN, Judge, Washington. 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, June, September, and December. TaliaferroFourth Mondays in February, May, August, and November. WarrenFirst Mondays in April, July and October, and third Monday in January. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. CECIL RODDENBERRY, Judge, Nahunta. DEWEY HAYES, Solicitor-General, Douglas. 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.
Page 734
TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Albany-Dougherty County Development Authority 444 Atkinson County School Superintendent 439 Bacon County Board of Education 474 Baldwin County, tax for promoting industry 464 Bartow County School Superintendent 495 Bibb County, authority to General Assembly 497 Brunswick Port Authority 158 Carroll County Rescue Squad 459 Catoosa County Board of Tax Administrators 592 Chatham County School Tax 538 Chattahoochee County Board of Education 603 Clayton CountyElection of School Superintendent 3 Clayton County School Bonds 430 Clarke County, fire, water, sanitation and sewerage districts 606 Colquitt County, occupation taxes 567 Counties, municipalities, etc., may issue revenue anticipation obligations to purchase transit equipment 503 DeKalb County, assessment for garbage disposal 547 DeKalb County, power to enact ordinances, issue business licenses and create a recorder's court 582 DeKalb County to have authority to install and maintain storm sewers and street lights 485 Douglas County bonded debt limit 598 East Point, City ofoff-street parking facilities 493 East Point, City ofUse of tax funds 529 Elbert County Board of Education 717 Eradication of boll weevil, payment of $100,000.00 authorized for practical method 507 Establishment of Colleges by Political subdivisions 513 Fraternity and sorority properties exempt from taxation in certain cases 611 Gilmer County Board of Education 469 Glynn County tax assessor 250 Grady County taxes 248 Hall County Board of Education 517 Hall County Fire protection districts 589 Henry County Board of Education 436 Houston County Board of Education 599 Judges Emeritus of Atlanta Judicial Circuit 540 Justices Emeritus of Supreme Court and Judges Emeritus of Court of Appeals may preside over other courts 491 Liberty County Industrial Authority 472 Lowndes County Board of Education 448 Lumpkin County, amount of bonded indebtedness 544 Macon, City ofSafety of buildings 482 Marietta, City ofBoard of Lights and Waterworks 425
Page 735
Pickens County Board of Education 455 Pierce County Board of Education 557 Polk County, bonded indebtedness 609 Schley County Board of Education 511 Scholarships for prospective teachers 432 Seminole County, tax for promoting industry 466 Spalding County, justice courts abolished, other courts created 526 State Education Medical Board 478 Stewart County Board of Education 253 Tax Levy for school lunch programs 428 Tax to pay costs of ordinaries retirement fund 565 Tax to support school lunch programs 563 Taxation to support Peace Officers Annuity and Benefit Fund 515 Terrell County Development Authority 149 , 533 TiftonTift County Development Authority 415 Turner County Board of Education 570 Washington County Board of Education 576 Wayne County Board of Education 549 Wilkes County Board of Education 460 MEMORIALS AND REQUESTS TO CONGRESS Handling of Federal Soil Bank Program 521 Investigation urged of policies of United States Forest Service 434 Proposed Cut in Armed Forces Protested 554 Protesting proposed cut in strength of National Guard 525 Repeal of excise tax on transportation of passengers and freight urged 574 Tobacco Acreage Allotments 9 CODE SECTIONS 13-2023AmendedBanks and Banking, investments 133 Ann. 16-433AmendedBuilding and Loan Associations 620 Ann. 22-1860AmendedCorporations, meetings 653 23-407AmendedCompensation to surveyors and helpers when surveying disputed county lines 633 23-924AmendedCounty manager form of government 327 24-820AmendedConstables fees 195 24-1601AmendedJustices of the peacefees 201 24-1716AmendedFees of ordinaries 354 24-1804AmendedFiling of wills by persons still in life 354 24-2104AmendedOffice hours of ordinaries 631 24-2625AmendedJudges pro hac vice 295 24-2626AmendedJudges of superior courts emeritus 295 24-3406AmendedCosts in divorce actions 398 27-501AmendedFees for criminal bonds 120 30-107AmendedJurisdiction of divorce actions 385 30-113AmendedDivorce and alimony actions 315 32-1003AmendedCounty school superintendents 635 38-711Legislative intent expressed, a resolution 542
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38-1501AmendedWitness fees to law enforcement officers in counties of 300,000 or more persons 3421 42-513RepealedDairy manufacturing plants 311 46-208AmendedWages exempt from garnishment 335 46-301AEnactedGarnishment 218 Title 49AmendedGuardian and ward 673 49-212RepealedGuardian and ward 673 49-316AmendedGuardians to act as administrators of estates 377 49-701AmendedCustody and distribution of funds of minors and insane persons by ordinaries 650 53-202AmendedMarriage licenses 214 56-403AmendedLicensing of insurance companies 614 56-601AmendedVenue of actions against insurance companies 114 56-816AEnactedRefund of insurance premiums in certain cases 236 66-103AmendedWages due deceased persons 641 68-602AmendedMotor common carriers 688 69-101 thru 69-104RepealedMunicipal corporations 200 73-222AmendedBranding of petroleum products 618 78-216AmendedPensions to widows of Confederate Veterans 632 81-206AmendedDivorce and alimony actions 315 81-207AmendedDivorce and alimony actions 315 81-207.1AmendedDivorce and alimony actions 315 81-1003AmendedDivorce and alimony actions 315 81-1506AmendedDivorce and alimony actions 315 84-201, 84-211AmendedState Board of Accountancy 216 84-507AmendingPractice of Chiropractic 6 84-601 thru 84-611AmendedPodiatry 174 84-713AmendedBoard of Dental examiners 113 84-1422EnactedReal Estate brokers and salesmen 24 84-1424AmendedUse of injunctions to enforce real estate laws 334 Ann. 84-927AmendedPractice of medicine by aliens 619 84-9906AmendedPodiatry 174 92-1403AmendedTime for filing application for tax refunds 612 92-1406AmendedBonds of motor fuel distributors 207 92-3119AmendedLong term capital gains 617 92-3201Committee to study income tax law 422 92-3701AmendedTax for school lunch program 370 92-4101 thru 92-4104AmendedNot applicable to City of Blue Ridge 234 92-4101 thru 92-4104AmendedNot applicable to Town of Flowery Branch 2675 92-4611AmendedTax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3192 92-4901AmendedTax collectors not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3081
Page 737
92-6502AmendedRefunds to taxpayers 219 92-6503, 92-6504RepealedRefunds to taxpayers 219 92-6912AmendedArbitration of tax assessments 387 92-6913AmendedPenalty for failure to return property for taxation in counties of 300,000 or more 3018 99-604AmendedOld age assistance 307 102-102AmendedTime of performance of privilege or duty 388 Title 113AmendedWills and administration of estates 657 114-101AmendedWorkmen's Compensation, counties included as employers 183 114-406AmendedWorkmen's Compensation, loss of hearing 360 COURTS SUPREME COURT Justices Emeritus may preside over other courts, proposed amendment to the Constitution 491 Service by justices emeritus 318 COURT OF APPEALS Judges Emeritus may preside over other courts, proposed amendment to the Constitution 491 Service by judges emeritus 318 Social Security coverage for judges 235 SUPERIOR COURTS Alapaha Judicial Circuit; compensation of solicitor-general 352 Atlanta Judicial Circuit; compensation of solicitor-general 129 Atlanta Judicial Circuit; judges emeritus, proposed amendment to the Constitution 540 Blue Ridge Judicial Circuit; compensation of solicitor-general 137 Cherokee Judicial Circuit; compensation of solicitor-general 122 Cobb Judicial Circuit; salary of solicitor-general 233 Dublin Judicial Circuit; compensation of solicitor-general 325 Dublin Judicial Circuit; Truetlen County included 125 Fayette; terms 15 Fulton; compensation of judges 89 Griffin Judicial Circuit; salary of official court reporter 368 Hall; law books 3254 Haralson; terms 407 Judges pro hac vice, judges emeritus may serve as 295 Middle Judicial Circuit; compensation of solicitor-general 225 Oconee Judicial Circuit; salary of solicitor-general 320 Oconee Judicial Circuit; Treutlen County excluded 125 Recording of interests in land 413 Rome Judicial Circuit; grand jury terms 182 Service of judges emeritus 318 Social Security coverage for solicitors-general and superior court judges 172
Page 738
Solicitors-general in counties of over 300,000 may appoint investigators 194 Solicitors-general retirement act amended 163 Tallapoosa Judicial Circuit; terms of Haralson County Superior Court 407 Waycross Judicial Circuit; compensation of official court reporter 170 CITY COURTS Albany; judge's salary 2926 Athens; grand jury indictments 2709 Blackshear; judge's salary 2736 Camilla; compensation of judge and solicitor 2653 Jesup; rules, salaries, terms, costs, etc. 2525 Judges pro hac vice, judges emeritus may serve as 295 Leesburg; qualifications of judge and solicitor 2075 Ludowici; salaries, rules, etc. 2532 Macon; deputy clerks 2588 Richmond; compensation of judge and solicitor 2248 Sandersville; court costs 3173 Savannah; compensation of clerk 2383 Soperton; compensation of judge and solicitor 2748 Statesboro; costs, terms, rules 2750 Stephens County; terms 2701 Walker County; judge's salary, jurors 2536 CIVIL COURTS DeKalb; name changed to Civil and Criminal Court of DeKalb County, procedure, salaries, etc. 2519 Fulton; chief deputy clerk and chief deputy marshal 2739 Fulton; sales of personal property 2323 COUNTY COURTS Atkinson County; created 3178 Clinch; compensation of judge and solicitor 2080 CRIMINAL COURTS DeKalb; name changed to Civil and Criminal Court of DeKalb County, procedure, salaries, etc. 2519 Fulton; clerk and deputy clerks 2257 JUVENILE COURTS Juvenile Court Act amended 395 MUNICIPAL COURTS Augusta; judge's secretary 2555 Savannah; salary of chief judge 2647
Page 739
COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Atkinson; compensation of commissioners 2070 Atkinson; compensation of tax commissioner 2062 Atkinson; school superintendent, proposed amendment to the Constitution 439 Bacon; board of education, proposed amendment to the Constitution 474 Bacon; primary elections 2622 Baker; board of education 2814 Baker; compensation of commissioners and commissioners' clerk 3026 Baldwin; board of commissioners 3302 Baldwin; chairman of county commissioners 2704 Baldwin; county police force 2473 Baldwin; tax for promoting industry, proposed amendment to the Constitution 464 Barrow; Winder-Barrow County Airport Authority 3087 Bartow; commissioner of roads and revenues 2984 Bartow; compensation of commissioners' clerk 2116 Bartow; office of tax commissioner created 2683 Bartow; officers placed on salaries 2866 Bartow; school superintendent, proposed amendment to the Constitution 495 Bibb; authority to General Assembly, proposed amendment to the Constitution 497 Bleckley; compensation of ordinary 3122 Bulloch; compensation of clerks of the superior court and their assistants in certain counties (1937 Act amended) 2715 Calhoun; compensation of commissioners 2078 Camden; compensation of tax receiver 2103 Carroll; rescue squad, proposed amendment to the Constitution 459 Catoosa; board of tax administrators, proposed amendment to the Constitution 592 Catoosa; county commissioner 2716 Chatham; compensation of ordinary 2529 Chatham; compensation of tax commissioner 2591 Chatham; school tax, proposed amendment to the Constitution 538 Chatham; streets, sidewalks, etc. 2045 Chattahoochee; board of education; proposed amendment to the Constitution 603 Chattahoochee; sheriff's compensation 2554 Cherokee; notice of intention to construct buildings 2467 Cherokee; Water Authority members 2359 Clarke; commissioners' compensation 2823 Clarke; fire, water, sanitation, and sewerage districts; proposed amendment to the Constitution 606 Clayton; commissioners of roads and revenues 3118 Clayton; compensation of chief deputy sheriff 2123 Clayton; coroner's compensation 2694
Page 740
Clayton; school bonds, proposed amendment to the Constitution 430 Clayton; school superintendentproposed amendment to the Constitution 3 Clayton; tax commissioner's duties 2109 Cobb; compensation of deputy sheriffs 3375 Cobb; compensation of sheriff and deputies 3360 Cobb; Recreation Authority 2004 Colquitt; occupation taxes, proposed amendment to the Constitution 567 Dade; clerical employees for tax commissioner 2630 Dade; Water Authority 3260 Dawson; tax commissioner's compensation 3021 DeKalb; assessment for garbage disposal, proposed amendment to the Constitution 547 DeKalb; compensation of officers 2673 DeKalb; election of school board members 2357 DeKalb; ordinaries, business licenses, recorder's court, proposed amendment to the Constitution 582 DeKalb; pension system Act amended 2563 DeKalb; storm sewers, street lights, proposed amendment to the Constitution 485 Dodge; board of commissioners of roads and revenues 2207 Dodge; commissioner's clerk 3130 Dodge; compensation of clerk to tax commissioner 2216 Dodge; compensation of ordinary 3066 Dodge; law book to clerk of superior court 3233 Dougherty; Albany-Dougherty Payroll Development Authority, proposed amendment to the Constitution 444 Dougherty; Albany-Dougherty Payroll Development Authority, created 2870 Douglas; bonded debt limit, proposed amendment to the Constitution 598 Douglas; zoning Act repealed 3216 Elbert; board of education, proposed amendment to the Constitution 717 Evans; compensation of ordinary 2039 Fannin; compensation of commissioner and clerk of commissioner 2850 Floyd; employees of clerk of superior court and sheriff 2252 Floyd; tax commissioner's assistants 2318 Forsyth; compensation of commissioners of roads and revenues 2435 Forsyth; compensation of sheriff and clerk of superior court 2362 Forsyth; salary of tax commissioner 2414 Fulton; Atlanta-Fulton County Education Commission created 2842 Fulton; board of education employee's retirement fund Act amended 2754 Fulton; civil service board 2760 Fulton; employees' retirement Act amended 2863 Fulton; employee's retirement system 2719
Page 741
Fulton; Fulton County-City of Atlanta Pension Study Commission 3242 Gilmer; board of education, proposed amendment to the Constitution 469 Gilmer; terms of commissioners 2068 Glynn; tax assessor, proposed amendment to the Constitution 250 Gordon; fire protection district 2119 Gordon; sheriff's compensation 2121 Grady; taxes, proposed amendment to the Constitution 248 Greene; commissioners 2205 Hall; board of education, proposed amendment to the Constitution 517 Hall; fire protection districts, proposed amendment to the Constitution 589 Hall; law books to superior court 3254 Haralson; compensation of commissioner of roads and revenues 2409 Haralson; office of tax commissioner created 2917 Henry; board of education, proposed amendment to the Constitution 436 Henry; compensation of board of education 2920 Henry; fee system abolished 3127 Houston; board of commissioners 2574 Houston; board of education, proposed amendment to the Constitution 599 Irwin; election of commissioners 3428 Jasper; compensation of county treasurer 2350 Jasper; law books to ordinary 3241 Jeff Davis; land conveyance to board of education 458 Jeff Davis; board of commissioners of roads and revenues 3288 Jefferson; investigation of school conditions 2488 Johnson; compensation of commissioner 2911 Jones; expenses of county commissioners 2648 Lanier; compensation of commissioners 3418 Lee; compensation of ordinary 2118 Liberty; Industrial Authority, proposed amendment to the Constitution 472 Long; compensation of ordinary 2471 Lowndes; board of education, proposed amendment to the Constitution 448 Lumpkin; bonded debt, proposed amendment to the Constitution 544 Lumpkin; investigation of school conditions 2488 Lumpkin; tax commissioner's slary 2928 Mitchell; commissioner's salaries 2040 Morgan; compensation of commissioners 2913 Murray; clerk of board of roads and revenues 2072 Murray; streets abandoned 2530 Muscogee; Columbus-Muscogee County Planning Commission 2331 Muscogee; pension funds 2579 Oconee; commissioners' compensation 2213
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Paulding; coroner's compensation 2989 Pickens; board of education, proposed amendment to the Constitution 455 Pierce; board of education, proposed amendment to the Constitution 557 Polk; bonded indebtedness, proposed amendment to the Constitution 609 Polk; compensation of coroner 2656 Polk; county attorney 3364 Polk; travel expenses of chairman of county commissioners 3387 Pulaski; office of tax commissioner created 2826 Richmond; purchase and sale of supplies and materials 2986 Schley; board of education, proposed amendment to the Constitution 511 Seminole; tax for promoting industry, proposed amendment to the Constitution 466 Spalding; justice courts abolished, other courts created, proposed amendment to the Constitution 526 Stephens; compensation of commissioners of roads and revenues 2418 Stephens; qualification fee for commissioner candidates 3423 Stewart; board of education, proposed amendment to the Constitution 253 Stewart; deputy commissioner of roads and revenues 2436 Sumter; employees' pension plan amended 2083 Telfair; land conveyance authorized 161 Terrell; Development Authority, proposed amendment to the Constitution 149 , 533 Tift; Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 Toombs; employment of certified public accountant 3202 Troup; board of commissioners of roads and revenues 3068 Turner; board of education, proposed amendment to the Constitution 570 Walton; board of commissioners 2096 Ware; use of voting machines 2500 Warren; law books to clerk of superior court 3237 Washington; board of education, proposed amendment to the Constitution 576 Wayne; board of education, proposed amendment to the Constitution 549 White; commissioners of roads and revenues 3224 Wilkes; board of commissioners 2091 Wilkes; board of education, proposed amendment to the Constitution 460 COUNTIES AND COUNTY MATTERSBY POPULATION. Additional compensation to sheriffs in counties of not less than 4,520 and not more than 4,820 population 2892
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Appointment of tax assessors in counties of not less than 29,050 and not more than 30,275 population 2049 Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population 3042 Clerk to Commissioner of roads and revenues in counties of not less than 9,135 and not more than 9,210 population 2327 Compensation of clerk of the superior court and their assistants in certain counties, [Bulloch], 1937 Act amended 2715 Compensation of coroners in counties having not less than 115,000 and not more than 119,900 persons 3384 Compensation of members of county boards of education in counties not less than 2,952 and not more than 2,962 population 2376 Compensation of sheriffs in counties not less than 34,500 and not more than 36,500 persons 2251 Compensation of tax commissioner in counties of not less than 9,135 and not more than 9,210 persons 2327 Coroners' compensation in counties of not less than 108,000 and not more than 112,000 population 3079 Costs in small claims courts in counties of not less than 33,500 and not more than 33,990 population 2925 Counties having population of not less than 39,000 and not more than 43,000 authorized to license auctions and auction houses 3317 County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population 2572 Employees of ordinaries of all counties having a population of not less than 108,000 and not more than 114,000 persons 3389 Expense accounts for county commissioners in counties of not less than 4,050 and not more than 4,500 population 2706 Fees to peace officers as witnesses in counties of 300,000 or more population; Code 38-1501 amended 3421 Joint city-county boards of tax assessors in counties having within its borders all of the greater part of 300,000 or more persons 3390 Legal hours for commercial fishing in counties of not less than 7,320 and not more than 7,620 population 2695 Penalty for failure to return property for taxation in counties of 300,000 or more persons 3018 Planning and Zoning Commissions in counties of not less than 108,000 and not more than 112,000 persons, 1951 Act amended 2317 Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 persons 3092 Primary election in counties of not less than 29,050 and not more than 30,250 persons 2043 Small Claims Courts in counties of not less than 18,923 and not more than 18,996 persons 2298 Solicitors-general in counties of over 300,000 persons may appoint investigators 194
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Tax collectors not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3081 Tax commissioners not required to make rounds in counties of not less than 6,950 and not more than 7,000 persons 3420 Tax on pin ball machines in counties of not less than 20,300 and not more than 20,900 persons 121 Tax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3192 Voters' registration Act amended as to counties having within their borders municipalities having a population of 300,000 or more persons 3231 Warm Air Heating Contractors Act applicable in counties of over 60,000 population 133 Warm Air Heating Contractors Act applicable in counties of not less than 62,850 and not more than 108,000 population 627 Zoning and planning boards in cities anl counties having population of more than 300,000 persons 3385 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; corporate limits 2420 Adairsville; name changed to City of Adairsville 3426 Adel; corporate limits 2342 Albany; Albany-Dougherty County Development Authority, proposed amendment to the Constitution 444 Albany; Albany-Dougherty County Payroll Development Authority, created 2870 Albany; charter amended 2427 , 2430 , 2649 Albany; corporate limits, wards 3045 Albany; revocation of licenses 2377 Alma; alley abandoned 2377 Alma; corporate limits 3378 Atlanta; Atlanta-Fulton County Educational Commission created 2842 Atlanta; charter amended 2051 , 2328 Atlanta; corporate limits 2561 , 3276 Atlanta; employees 2592 Atlanta; Fulton County-City of Atlanta Pension Study Commission 3242 Augusta; corporate limits 2734 , 2903 Austell; charter amended 2024 Bainbridge; charter amended 2037 Bainbridge; corporate limits 3063 Ball Ground; name changed 2415 Blakely; corporate limits 2829 Blue Ridge; charter amended 3353 Blue Ridge; Code 92-4101 thru 92-4104 not applicable 234 Bowdon; recorder 3005 Bremen; educational tax 2820 Bremen; elections 3015 Bremen; street improvements 3028
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Brunswick; charter amended 3137 Cairo; elections 2416 Calhoun; charter amended, corporate limits 2131 Calhoun; recorder's court 2057 Canton; charter amended 2568 Canton; corporate limits 2437 Canton; wards 2661 Carnesville; corporate limits 2644 Cartersville; charter amended 2283 , 3346 Cedartown; charter amended 2571 Centerville; chartered 3323 Chamblee; charter amended 3318 Chatsworth; charter amended 2088 Chipley; name changed to Pine Mountain 2101 Claxton; charter amended 2896 Clermont; charter amended 2565 Cobbtown; charter amended 3175 College Park; charter amended 2293 , 2309 College Park; city manager 2721 College Park; corporate limits 2363 , 2453 , 2756 , 2800 , 2854 College Park; repaving of streets 2668 Columbus; Columbus-Muscogee County Planning Commission 2331 Coolidge; charter amended 2354 , 2659 Cordele; corporate limits 2907 Cornelia; corporate limits 3083 Covington; charter amended 2269 Dallas; council-manager form of government 2369 Dalton; charter amended 2105 Donalsonville; charter amended 2315 Donalsonville; conveyance of land from State authorized 157 Doraville; charter amended 3058 Doraville; corporate limits 3039 Douglas; city manager 2815 Douglas; distribution of natural or manufactured gas 2347 Duluth; new charter 3148 Eastman; corporate limits 2220 East Point; charter amended 3204 East Point; corporate limits 2380 , 2396 , 2640 , 3212 East Point; off street parking, proposed amendment to the Constitution 493 East Point; use of tax funds, proposed amendment to the Constitution 529 Eatonton; charter amended 2980 Elberta; created and chartered 2991 Elberton; charter amended 2352 Ellijay; recorder's court 2054 Ellijay; salaries 2064 Fairburn; charter amended 2743 Fayetteville; election hours 3362 Flowery Branch; Code 92-4101 thru 92-4104 not applicable 2675
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Forest Park; charter amended 3397 Gainesville; charter amended 2279 Garden City; corporate limits 2243 Georgetown; land conveyance 145 Glennville; charter amended 3298 Glenwood; new charter 2935 Griffin; corporate limits 2677 Hampton; name changed to City of Hampton, corporate limits 3198 Holly Springs; name changed to City of Holly Springs 2841 Jonesboro; corporate limits 2619 Kennesaw; corporate limits, charter amended 2224 Kite; charter amended 2712 LaFayette; city manager form of government 2305 Lavonia; charter amended 3282 Lawrenceville; corporate limits 2391 Leary; name changed, charter amended 2112 Linwood; charter amended 2690 Louisville; elections 3195 Ludowici; charter amended 2410 McDonough; corporate limits 3367 Macon; alley closed 2914 Macon; corporate limits 2404 , 3008 Macon; disposition of property ratified 3415 Macon; recorder's court 2728 Macon; recorder's court clerk 3370 Macon; safety of buildings, proposed amendment to the Constitution 482 Manor; incorporated 2763 Marietta; board of lights and waterworks, proposed amendment to the Constitution 425 Marietta; corporate limits, election hours, etc. 2594 Milan; charter amended 3034 Milledgeville; charter amended 3312 Monticello; corporate limits 2921 Moultrie; corporate limits 2441 Mountain View; charter abolished 3022 Nelson; name changed to City of Nelson, charter amended 3220 Newnan; street closed 3061 Newton; charter amended 3279 Omega; name changed, charter amended 2126 Pine Mountain; named changed from Town of Chipley 2101 Pineora; incorporated 2778 Portal; charter amended 2706 Port Wentworth; charter amended 2632 , 3094 Powder Springs; charter amended 2029 Quitman; charter amended 2859 Rockmart; corporate limits 2893 Rome; charter amended 3306 Savannah; authority to abandon street 2433 Savannah; charter amended 2808 , 3337 Silvertown; charter amended 2238 , 2687
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Silvertown; charter repealed 2242 Smyrna; charter amended 2658 Smyrna; corporate limits 2032 Spalding; charter abolished 2878 Stapleton; charter amended 2584 Statesville; corporate limits 3351 Stockbridge; corporate limits 3132 Sugar Hill; corporate limits 3193 Sugar Hill; taxation 3344 Swainsboro; corporate limits 3143 Thomasville; charter amended 3391 Thomaston; corporate limits 2879 Thunderbolt; recorder's court 2617 Tifton; charter amended 2930 Tifton; corporate limits 2696 Tifton; public utilities 2665 Tifton; Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 Toccoa; corporate limits 2898 Thomaston; corporate limits extended 2264 Valdosta; city manager 2624 Van Wert; charter dissolved 2468 Vernonburg; charter amended 2804 Vidalia; charter amended 2833 Vienna; charter amended 2384 Waleska; named changed from town to city 2623 Warner Robins; charter amended 3218 Warrenton; charter amended 2424 Washington; new charter 2139 Waycross; use of voting machines 2538 Waynesboro; corporate limits 2218 Winder; city manager form of government 2338 Winder; corporate limits 2390 Winder; Winder-Barrow County Airport Authority 3087 Woodstock; name changed 2522 Wrightsville; corporate limits 3013 MUNICIPAL CORPORATIONSBY POPULATION. Act providing for pensions for members of fire departments in cities of more than than 150,000 amended 2399 , 2849 , 3015 Joint city-county boards of tax assessors in counties having within its borders all or the greater part of 300,000 or more 3390 Pension Act applying to cities of over 150,000 population amended 2451 , 3019 Pension benefits for policemen in cities of 150,000 population or more, Act amended 2890 , 2979 Primary elections in cities of 200,000 or more population 3176 Traffic Courts in cities of over 300,0001955 Act amended 2259 Zoning and planning boards in cities and counties having population of more than 300,000 persons 3385
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RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to American News Company 3239 Compensation to C. A. Arnold 3255 Compensation to William H. Beall 2490 Compensation to Brooks A. Bird 3240 Compensation to James S. Bonner 3248 Compensation to Sim Brown 2477 Compensation to Bob Burel 3257 Compensation to Grady Emmitt Burgess 2499 Compensation to John Henry Chapman 2482 Compensation to 1st Lt. Charles H. Cox, Jr. 3256 Compensation to Mr. and Mrs. Lynn Daniel 2489 Compensation to James H. Edwards 2493 Compensation to Elias Pink Griswell 2487 Compensation to Susan S. Hale and W. M. Hale 3236 Compensation to E. Frank Hancock 2003 Compensation to John Arthur Holloway, Sr. 3251 Compensation to Mrs. Christine Ivie 3247 Compensation to Dr. Horace G. Joiner 3250 Compensation to Dr. Jack W. Jones 3249 Compensation to Rosyer Joyner, Mrs. Willa Mae McCranie, and Mrs. Edith Sue Townsend 3245 Compensation to Thulia Lindsley 2494 Compensation to W. F. Manley 3238 Compensation to C. A. Mobley 3234 Compensation to Mrs. Josie Mae Newnan 2482 Compensation to Clemon Odom 3235 Compensation to Mrs. Blanche Phillips 3246 Compensation to E. C. Prather 3234 Compensation to Robert K. Price Company 2486 Compensation to David Norman 2492 Compensation to James H. Ray 2495 Compensation to Freeman B. Roberts 2481 Compensation to Archie Lamar Simmons 2498 Compensation to Stovall Motor Company, Inc. 2496 Compensation to Mrs. Ettean Brown Sullivan 2475 Compensation to David Tanner 2497 Compensation to W. M. Thomas 2480 Compensation to Franklin Truelove 3252 Compensation to Hoyt Wehunt 2268 Compensation for injuries to Sue Jean White, Betty Jo White and Melody Ann Floyd 2483 Compensation to D. D. Whitman 2478 Compensation to W. J. Wilkinson 2491 Compensation to Freddie Youngblood 2500 MISCELLANEOUS RESOLUTIONS. E. Cuyler Adams bridge designated 555 Appropriations Study Committees 97
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Frank G. Bridsong bridge designated 148 Committee to advise and assist Secretary of State in connection with building 586 Committee to investigate persons and organizations destroying their own property 580 Committee to study need for additional laws defining and prohibiting barratry 101 Committee to study possible acquisition of certain Wesleyan Conservatory property 105 Committee to study ways of promoting industry, extended 96 Congratulations to Central Presbyterian Church on Centennial Celebration 509 Conveyance of land to Bethlehem Baptist Church 421 Conveyance of land in Coffee County authorized 144 Conveyance of land to City of Donalsonville authorized 157 Conveyance of land to town of Georgetown authorized 145 Conveyance of land in Fulton County 154 Conveyance of land to Telfair County authorized 161 Conveyance of stained glass window to Newton County 546 DeMolay Week Proclaimed 553 Disposition of Leesburg State Farmers' Market 524 Educational advantages for gifted children 33 Election Laws Study Committee extended 94 Encouraging equal treatment of all segments of economy 51 Federal Civil Service; congratulations on 75th anniversary 12 Founders of Trinity Church Plan commended 562 Fund authorized for eradication of hog cholera 443 Funds for construction of juvenile detention homes 532 Georgia signers of U. S. Constitution honored 111 GeorgiaState songarrangements 506 Roy Head Bridge designated 576 Institute of Law and Government to investigate advisability of staff services for Legislature 489 Insurance Laws Revision Committee 106 Insurance Rate Study Committee 100 Chester H. Jones relieved as surety on bond 2479 W. Chester King Elementary School designated 588 Land conveyance to Mrs. W. P. English and Mr. Pierce R. English 522 Land conveyance to Jeff Davis County Board of Education 458 Land conveyance to F. S. Prather 31 Law books to clerk of superior court of Dodge County 3233 Law books to clerk of superior court of Warren County 3237 Law books to Hall County Superior Court 3254 Law books to ordinary of Jasper County 3241 Legislative intent in adopting Code 38-711 expressed 542 Honorable George L. Mathews member of State Highway Board 716 Mental Health Study Committeeextended 93 Milledgeville State Hospital employees to be advised of rights under State merit system 155
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Motor Vehicle Tax Laws Study Committee 109 Earl Nix Bridge designated 531 Placing of busts in Georgia Hall of Fame 442 Plaque to be placed at entrance of Georgia Hall of Fame 147 President of United States; censured 13 Publication by Department of Mines, Mining and Geology authorized 481 Honorable John E. Quillian member of State Highway Board 716 Rates on Sidney Lanier Bridge 453 Removal of building restrictions from land near Jim Woodruff Reservoir requested 246 Resolution authorizing land conveyance in Richmond County amended 252 Secretary of State authorized to secure Confederate Army and other records 488 William R. Smith Elementary School designated 556 A. Charles Soule Bridge designated 591 State records; building for safe storage 81 Stone Mountain; committee to study proposed purchase 8 Survey of industrial potentials of State to be made 156 Portrait of Herman E. Talmadge to be hung in Capitol 595 Teacher Certification and Accrediting of Schools Study Committee 95 Use of Battle Flag of the Confederacy for commercial purposes deplored 561 U. S. Highway 17 designated as Ocean Hiway 143 Veterans Hospital Facilities Study Committee 99 Youth Honor Day proclaimed 424 , 573
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INDEX A ACCOUNTANTS State Board of Accountancy, Code 84-201, 84-211 amended 216 ACWORTH, CITY OF Corporate limits 2420 ADAIRSVILLE, CITY OF Name changed from town of Adairsville 3426 ADAMS, E. CUYLER E. Cuyler Adams Bridge designated 555 ADAMS, JOHN H. Land conveyance to John H. Adams authorized 144 ADEL, CITY OF Corporate limits 2342 ADVERTISING False advertising 411 AGRICULTURAL COMMODITIES AUTHORITY ACT AMENDED 1951 Act amended, assessments 237 AGRICULTURE Act regulating and licensing livestock dealers amended 386 Agricultural Commodities Authority Act of 1951 amended 237 Bonds payable to Commissioner of Agriculture 630 Bonds of operators of public sales 309 Dairy manufacturing plants 311 Disposition of Leesburg State Farmers' Market property 524 Eggs, grading and marketing 27 Exhibits at agricultural fairs 197 Fund for eradication of hog cholera 443 Georgia Economic Poisons Act amended 389 Georgia Food Act amended, packaging 652 Georgia Seed Law, amended 220
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Handling of Federal Soil Bank Program 521 Members and compensation of Livestock and Poultry Disease Control Board 369 Milk Control Commission 256 Payment of $100,000.00 authorized for practical method of eradication of boll weevil; proposed amendment to the Constitution 507 ALAPAHA JUDICIAL CIRCUIT Compensation of solicitor-general 352 ALBANY, CITY COURT OF Judge's salary 2926 ALBANY, CITY OF Albany-Dougherty County Development Authority, proposed amendment to the Constitution 444 Albany-Dougherty Payroll Development Authority, created 2870 Charter amended 2427 , 2430 , 2649 Corporate limits, wards 3045 Revocation of franchises 2377 ALCOHOLIC BEVERAGES Employment of persons under eighteen years of age on premises where alcoholic beverages are sold 640 ALCOHOLISM Per diem of members of Georgia Commission on Alcoholism 366 ALMA, CITY OF Alley abandoned 2401 Corporate limits 3378 AMERICAN NEWS COMPANY Compensation to American News Company 3239 ANTIQUE AUTOMOBILES Special license plates 302 APPROPRIATIONS Study Committees 97 ARCHITECTS, LANDSCAPE Landscape Architects Board, created 400
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ARMED FORCES Proposed cut in armed forces protested 554 ARNOLD, C. A. Compensation to C. A. Arnold 3255 ATHENS, CITY COURT OF Grand jury indictments 2709 ATLANTA, CITY OF Atlanta-Fulton County Educational Commission created 2824 Charter amended 2051 , 2328 Corporate limits 2561 , 3276 Employees 2592 Fulton County-City of Atlanta Pension Study Commission 3242 ATLANTA JUDICIAL CIRCUIT Compensation of solicitor-general 129 Judges Emeritus, duties, etc., proposed amendment to the Constitution 540 ATKINSON COUNTY Compensation of commissioner 2070 Compensation of tax commissioner 2062 School superintendent, proposed amendment to the Constitution 439 ATKINSON COUNTY, COUNTY COURT OF Created 3178 ATTORNEY GENERAL Reimbursement for certain services to Highway Department 118 AUCTIONS Counties having population of not less than 39,000 and not more than 43,000 authorized to license auctions and auction houses 3317 AUGUSTA, CITY OF Corporate limits 2734 , 2903
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AUGUSTA, MUNICIPAL COURT OF Judge's secretary 2555 AUSTELL, CITY OF Charter amended 2024 AUTOMOBILES Tax Laws Study Committee 109 AUTOMOBILE DEALERS Used Car Dealers Registration Act 55 B BACON COUNTY Board of Education, proposed amendment to the Constitution 474 Primary elections 2622 BAINBRIDGE, CITY OF Authority to dispose of property 2037 Corporate limits 3063 BAKER COUNTY Board of education 2814 Compensation of commissioners and commissioners' clerk 3026 BALDWIN, ABRAHAM Bust to be placed in Georgia Hall of Fame 111 BALDWIN COUNTY Board of commissioners 3302 Chairman of county commissioners 2704 County police force 2473 Tax for promoting industry, proposed amendment to the Constitution 464 BALL GROUND, TOWN OF Name changed to City of Ball Ground 2415 BANKS AND BANKING Investments, Code 13-2023 amended 133
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BARRATRY Study Committee 101 BARROW COUNTY Winder-Barrow County Airport Authority 3087 Commissioner of roads and revenues 2984 Compensation of commissioner's clerk 2116 Officers placed on salaries 2866 Office of tax commissioner created 2683 School superintendent, proposed amendment to the Constitution 495 BATTLE FLAG OF THE CONFEDERACY Use of battle flag of the Confederacy for commercial purposes deplored 561 BEALL, WILLIAM H. Compensation to William H. Beall 2490 BETHLEHEM BAPTIST CHURCH Conveyance of land authorized 421 BIBB COUNTY Authority to General Assembly, over Bibb County, subject to referendum, proposed amendment to the Constitution 497 BIRD, BROOKS A. Compensation to Brooks A. Bird 3240 BIRDSONG, FRANK G. Frank G. Birdsong Bridge designated 148 BLACKSHEAR, CITY COURT OF Judge's salary 2736 BLAKELY, CITY OF Corporate limits 2829 BLECKLEY COUNTY Compensation of ordinary 3122
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BLUE RIDGE, CITY OF Charter amended 3353 Code 92-4101 thru 92-4104 not applicable to City of Blue Ridge 234 BLUE RIDGE JUDICIAL CIRCUIT Compensation of solicitor-general 137 BOLL WEEVIL Payment of $100,000 authorized for practical method of eradication of boll weevil, proposed amendment to the Constitution 507 BOND, APPEARANCE Chesterd H. Jones relieved as surety on appearance bond 2479 BONDS Amount of bonded indebtedness of political subdivisions 203 Bonds of motor fuel distributors, Code 92-1406 amended 207 Bonds payable to Commissioner of Agriculture 630 Facsimiles of signatures on public securities 689 Fees for criminal bonds 120 Operators of public livestock sales 309 BONNER, JAMES S. Compensation to James S. Bonner 3248 BOWDON, CITY OF Recorder 3005 BREMEN, CITY OF Educational tax 2820 Elections 3015 Street improvements 3028 BROWN, SIM Compensation to Sim Brown 2477 BRUNSWICK, CITY OF Charter amended 3137 BRUNSWICK PORT AUTHORITY Act amended 82 Creation ratified, proposed amendment to the Constitution 158
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BUILDING AND LOAN ASSOCIATIONS Payments on death of members, Code Ann. 16-433 amended 620 BULLOCH, ARCHIBALD Bust of Archibald Bulloch to be placed in Georgia Hall of Fame 442 BULLOCH COUNTY Compensation of clerks of the superior court and their assistants in certain counties, 1937 Act amended 2715 BUREL, BOB Compensation to Bob Burel 3257 BURGESS, GRADY EMMITT Compensation to Grady Emmitt Burgess 2499 C CAIRO, CITY OF Elections 2416 CALHOUN, CITY OF Charter amended, corporate limits 2131 Recorder's Court 2057 CALHOUN COUNTY Compensation of commissioners 2078 CAMILLA, CITY COURT OF Compensation of judge and solicitor 2653 CAMDEN COUNTY Compensation of tax receiver 2103 CANTON, CITY OF Charter amended 2568 Corporate limits 2437 Wards 2661 CAR DEALERS Used Car Dealers Registration Act 55
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CARNESVILLE, CITY OF Corporate limits 2644 CARROLL COUNTY RESCUE SQUAD Created, proposed amendment to the Constitution 459 CARTERSVILLE, CITY OF Charter amended 2283 , 3346 CATOOSA COUNTY Board of tax administrators, proposed amendment to the Constitution 592 County commissioners 2716 CEDARTOWN, CITY OF Charter amended 2571 CENTERVILLE, CITY OF Chartered 3323 CENTRAL PRESBYTERIAN CHURCH Congratulations on centennial celebration 509 CHAMBLEE, CITY OF Charter amended 3318 CHAPMAN, JOHN HENRY Compensation to John Henry Chapman 2482 CHATHAM COUNTY Compensation of ordinary 2529 Compensation of tax commissioner 2591 School tax, proposed amendment to the Constitution 538 Streets, sidewalks, etc. 2045 CHATSWORTH, CITY OF Charter amended 2088 CHATTAHOOCHEE COUNTY Board of education, proposed amendment to the Constitution 603 Sheriff's compensation 2554
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CHEROKEE COUNTY Notice of intention to construct buildings 2467 Water Authority, members 2359 CHEROKEE JUDICIAL CIRCUIT Compensation of solicitor-general 122 CHILDREN Support of minor children in certain cases 204 CHIPLEY, TOWN OF Name changed to Town of Pine Mountain 2101 CHIROPODY See State Board of Podiatry Examiners . CHIROPRACTIC PRACTICE Qualifications, Code 84-507 amended 6 CIGARS, CIGARETTES, ETC. Amount of tax to be shown on container 336 CITY COURT OF ALBANY Judge's salary 2926 CITY COURT OF ATHENS Grand jury indictments 2709 CITY COURT OF BLACKSHEAR Judge's salary 2736 CITY COURT OF CAMILLA Compensation of judge and solicitor 2653 CITY COURT OF JESUP Rules, salaries, terms, costs, etc. 2525 CITY COURT OF LEESBURG Qualifications of judge and solicitor 2075 CITY COURT OF LUDOWICI Salaries, rules, etc. 2532
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CITY COURT OF MACON Deputy clerks 2588 CITY COURT OF RICHMOND Compensation of judge and solicitor 2248 CITY COURT OF SANDERSVILLE Court costs 3173 CITY COURT OF SAVANNAH Compensation of clerk 2383 CITY COURT OF SOPERTON Compensation of judge and solicitor 2748 CITY COURT OF STATESBORO Costs, rules, terms 2750 CITY COURT OF STEPHENS COUNTY Terms 2701 CITY COURT OF WALKER COUNTY Judge's salary, jurors 2536 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Name changed, procedure, salaries, etc. 2519 CIVIL COURT OF FULTON COUNTY Chief deputy clerk and chief deputy marshal 2739 Sales of personal property 2323 CIVIL DEFENSE Lines of succession of public officials in emergencies 629 Membership of Civil Defense Advisory Council 651 Temporary Seat of Government in emergency 691 CIVIL SERVICE Congratulations to Federal Civil Service on 75th Anniversary 12 CLARKE COUNTY Commissioners' compensation 2823 Fire, water, sanitation, and sewerage districts, proposed amendment to the Constitution 606
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CLAXTON, CITY OF Charter amended 2896 CLAY Pipelines on rights-of-way for transportation of clay 303 CLAYTON COUNTY Commissioners of roads and revenues 3118 Compensation of chief deputy sheriff 2123 Coroner's compensation 2694 Election of school superintendent, proposed amendment to the Constitution 3 School bonds, proposed amendment to the Constitution 430 Tax commissioner duties 2109 CLERMONT, TOWN OF Charter amended 2565 CLINCH, COUNTY COURT OF Compensation of judge and solicitor 2080 COBB COUNTY Compensation of deputy sheriffs 3375 Compensation of sheriff and deputies 3360 Recreation Authority 2004 COBB JUDICIAL CIRCUIT Salary of solicitor-general 233 COBBTOWN, CITY OF Charter amended 3175 COLLEGE PARK, CITY OF Charter amended 2293 , 2309 City manager 2721 Corporate limits 2363 , 2453 , 2756 , 2800 , 2854 Repaving of streets 2668 COLQUITT COUNTY Occupation taxes, proposed amendment to the Constitution 567 COLUMBUS, CITY OF Columbus-Muscogee County Planning Commission 2331
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COMMISSIONERS OF ROADS AND REVENUES Clerk in counties of not less than 9,135 and not more than 9,210 2327 COMPULSORY SCHOOL ATTENDANCE 1957 Act amended 231 CONFEDERATE ARMY RECORDS Secretary of State authorized to secure Confederate Army and other records 488 CONFEDERATE VETERANS Pensions to widows of Confederate Veterans, Code 78-216 amended 632 CONSTABLES Fees, Code 24-820 amended 195 COOLIDGE, CITY OF Charter amended 2354 , 2659 CORDELE, CITY OF Corporate limits 2907 CORNELIA, TOWN OF Corporate limits 3083 CORONERS Compensation in counties of not less than 108,000 and not more than 112,000 population 3079 Compensation in counties having population of not less than 115,000 and not more than 119,900 persons 3384 CORPORATIONS Act of 1938 amended, meetings of incorporators and stock-holders, Code Ann. 22-1860 amended 653 Chartered by Secretary of State, directors 92 CORRECTIONS Funds for construction of juvenile detention homes authorized 532 Salary of director of State Board of Corrections 413
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COUNTIES See also names of county, name of office, and counties and county matters by population in tabular index . Amount of bonded indebtedness 203 Authority to levy a tax for school lunch programs 370 Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population 3042 Compensation of coroners in counties having not less than 115,000 and not more than 119,900 persons 3384 County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population 2572 County manager form of government, Code 23-924 amended 327 Counties having population of not less than 39,000 and not more than 43,000, authorized to license auctions and auction houses 3317 Counties included as employers under Workmen's Compensation Act, Code 114-101 amended 183 Expense accounts for county commissioners in counties of not less than 4,050 and not more than 4,500 population 2706 Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 population 3092 Reimbursement by Highway Department for certain legal services 118 Revenue anticipation obligations to purchase transit equipment, proposed amendment to Constitution 503 COUNTY COURT OF ATKINSON COUNTY Created 3178 COUNTY COURT OF CLINCH Compensation of judge and solicitor 2080 COUNTY PLANNING COMMISSIONS 1957 Act amended, members 169 COURT OF APPEALS Judge emeritus may preside over other courts, proposed amendment to the Constitution 491 Service by judges emeritus 318 Social Security coverage for judges 235 COVINGTON, CITY OF Charter amended 2269 COX, 1ST LT. CHARLES H., JR. Compensation to 1st Lt. Charles H. Cox, Jr. 3256
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CRAWFORD, WILLIAM H. Bust of William H. Crawford to be placed in Georgia Hall of Fame 442 CRIMES False advertising 411 Furnishing dynamite to minors 306 Private funds to enforce penal laws 333 CRIMINAL BONDS Fees, Code 27-501 amended 120 CRIMINAL COURT OF FULTON COUNTY Clerk and deputy clerks 2257 D DADE COUNTY Clerical employees for tax commissioner 2630 Dade County Water Authority 3260 DAIRY MANUFACTURING PLANTS Code 42-513 repealed 311 DALLAS, CITY OF Council-manager form of government 2369 DALTON, CITY OF Charter amended 2105 DANIEL, MR. AND MRS. LYNN Compensation to Mr. and Mrs. Lynn Daniel 2489 DAWSON COUNTY Tax commissioner's compensation 3021 DEKALB COUNTY Assessment for garbage disposal, proposed amendment to the Constitution 547 Authority to install and maintain storm sewers and street lights, proposed amendment to the Constitution 485 Compensation of officers 2673 Election of school board members 2357
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Ordinances, business licenses, and recorder's court, proposed amendments to the Constitution 582 Pension system Act amended 2563 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Name changed, procedure, salaries, etc. 2519 DE MOLAY De Molay Week Proclaimed 553 DENTAL HYGIENIST Examination fee 30 Revocation of licenses 53 DENTISTRY Annual registration 25 Examination fee 113 DEPARTMENT OF LABOR Posting of out of state Help Wanted ads 380 DEPARTMENT OF PUBLIC HEALTH Division of Mental Health created 711 DEPARTMENT OF PUBLIC SAFETY Learners' permits 268 License for operation of motor driven cycles 396 Salaries 296 DESTRUCTION OF PROPERTY Committee to investigate persons and organizations destroying their own property 580 DIVISION OF MENTAL HEALTH Division of Mental Health of Department of Public Health created 711 DIVORCE ACTIONS Costs 398 Jurisdiction of divorce actions 385 Practice and procedure amended 315
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DODGE COUNTY Board of commissioners of roads and revenues 2207 Commissioner's clerk 3130 Compensation of clerk to tax commissioner 2216 Compensation of ordinary 3066 Law books to clerk of superior court 3233 DONALSONVILLE, CITY OF Charter amended 2315 Conveyance of land to City of Donalsonville authorized 157 DORAVILLE, CITY OF Charter amended 3058 Corporate limits 3039 DOUGHERTY COUNTY Albany-Dougherty County Development Authority, proposed amendment to the Constitution 444 Albany-Dougherty County Payroll Development, Authority created 2870 DOUGLAS, CITY OF City manager 2815 Distribution of natural or manufactured gas 2347 DOUGLAS COUNTY Bonded debt limit, proposed amendment to the Constitution 598 Zoning Act repealed 3216 DRIVER RESPONSIBILITY LAW AMENDED Amount of liability insurance; offense by non-residents 694 DRIVER'S LICENSES Learners' permits 268 Licenses for operation of motor driven cycles 396 DUBLIN JUDICIAL CIRCUIT Compensation of solicitor-general 325 Treutlen County included 125 DULUTH, CITY OF New charter 3148
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DUTIES Time of performance 388 DYNAMITE Crime to furnish dynamite to minor 306 E EARLY, PETER Bust of Peter Early to be placed in Georgia Hall of Fame 442 EAST POINT, CITY OF Charter amended 3204 Corporate limits 2380 2396 2640 3212 Off street parking facilities, proposed amendment to the Constitution 493 Use of tax funds, proposed amendment to the Constitution 529 EASTMAN, CITY OF Corporate limits 2220 EATONTON, CITY OF Charter amended 2980 ECONOMY Resolution encouraging equal treatment to all segments of economy 51 EDUCATION Committee to study teacher certification and accrediting of schools 95 Compensation of drivers of school buses 329 Compulsory school attendance 231 Educational advantages for gifted children 33 Educational services for severely mentally retarded children 206 Establishment of colleges by political subdivisions, proposed amendment to the Constitution 513 Filling vacancies in offices of county school superintendents, Code 32-1003 amended 635 Investigation of school conditions in Lumpkin and Jefferson Counties 2488 Junior College Act of 1958 47 Scholarships for prospective teachers, proposed amendment to the Constitution 432 Social Security coverage for school bus drivers 198
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Tax for school lunch programs, proposed amendment to the Constitution 563 Tax levy for school lunch programs, proposed amendment to the Constitution 428 EDUCATION, COUNTY BOARDS Compensation of members of county boards of education in counties of not less than 5,952 and not more than 5,962 population 2376 EDWARDS, JAMES H. Compensation to James H. Edwards 2493 EGGS Grading and marketing 27 ELBERT COUNTY Board of Education; proposed amendment to the Constitution 717 ELBERTA, CITY OF Created and chartered 2991 ELBERTSON, CITY OF Charter amended 2352 ELECTIONS Presidential electors 208 Primary elections in counties of not less than 29,050 and not more than 30,250 2043 Primaries in cities of 200,000 or more population 3176 Study committee extended 94 Voters' Registration Act 269 Voters' Registration Act amended as to counties having within their borders cities with a population of 300,000 or more 3231 ELECTIONS Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population 3042 ELLIJAY, CITY OF Recorder's Court 2054 Salaries 2064
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EMPLOYEES RETIREMENT SYSTEM County tax receivers, tax collectors and tax commissioners included 637 Jekyll Island Authority covered 119 EMPLOYMENT Payment of wages due deceased persons, Code 66-103 amended 641 ENGLISH, PIERCE R. Land conveyance authorized 522 ENGLISH, MRS. W.P. Land conveyance authorized 522 EVANS COUNTY Compensation of ordinary 2039 EXCISE TAXES Repeal of excise taxes on transportation of freight and passengers urged 574 F FAIRBURN, CITY OF Charter amended 2743 FAIRS Exhibits by Commissioner of Agriculture at agricultural fairs 197 FALSE ADVERTISING Injunctions, crimes 411 FALSE ARREST Actions for false arrest, defenses in certain cases 693 FANNIN COUNTY Compensation of commissioners and clerk of commissioner 2850 FAYETTE SUPERIOR COURT Terms 15
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FAYETTEVILLE, CITY OF Election hours 3362 FEDERAL CIVIL SERVICE Congratulations on 75th anniversary 12 FEDERAL SOIL BANK PROGRAM Handling, Congress memorialized 521 FEW, WILLIAM Bust to be placed in Georgia Hall of Fame 111 FIREMEN Act providing for pensions for members of fire departments in cities of 150,000, amended 2399 , 2849 Social Security coverage 198 FLOWERY BRANCH, TOWN OF Code 92-4101 thru 92-4104 not applicable 2675 FLOYD COUNTY Employees of clerk of superior court and sheriff 2252 Tax commissioner's assistants 2318 FLOYD, MELODY ANN Compensation for injuries to Melody Ann Floyd 2483 FOOD SERVICE ESTABLISHMENTS ADVISORY COUNCIL Created 371 FOREST PARK, CITY OF Charter amended 3397 FORESTERS Registration of foresters 656 FORSYTH COUNTY Compensation of commissioners of roads and revenues 2435 Compensation of sheriff and clerk of superior court 2362 Salary of tax commissioner 2414
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FRATERNITIES Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution 611 FULTON COUNTY Atlanta-Fulton County Educational Commission created 2842 Board of education employee's retirement fund Act amended 2752 Civil Service Board 2760 Employees' Retirement Act amended 2863 Employee's retirement system 2719 Fulton County-City of Atlanta Pension Study Commission 3242 FULTON COUNTY, CIVIL COURT OF Chief deputy clerk and chief deputy marshal 2739 Sales of personal property 2323 FULTON COUNTY, CRIMINAL COURT OF Clerk and deputy clerks 2257 FULTON SUPERIOR COURT Judges' compensation 89 G GAINESVILLE, CITY OF Charter amended 2279 GAME AND FISH Barter and sale of game fish 221 Legal hours for commercial fishing in counties of not less than 7,320 and not more than 7,620 population 2695 Taking of oysters 382 Taking of shrimp 408 GARDEN CITY, TOWN OF Corporate limits 2243 GARNISHMENT Service of answer, Code 46-301A enacted 218 Wages exempt, Code 46-208 amended 335 GENERAL ASSEMBLY Institute of Law and Government to investigate advisability of staff services for Legislature 489
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GEORGETOWN, TOWN OF Land conveyance to Town of Georgetown authorized 145 GEORGIA State song, arrangements 506 GEORGIA CIVIL DEFENSE ACT Lines of succession of public officials in emergencies 629 Membership of Civil Defense Council 651 Temporary seat of government 691 GEORGIA COMMISSION ON ALCOHOLISM Per diem of members 366 GEORGIA ECONOMIC POISON ACT 1950 Act amended 389 GEORGIA FOOD ACT Packaging 652 GEORGIA HALL OF FAME Placing of busts of named famous Georgians therein 111 , 442 Plaque to be placed at entrance 147 GEORGIA PORTS AUTHORITY Powers and duties defined 714 GEORGIA RECREATION COMMISSION Created 337 GEORGIA SEED LAW Amended, definitions 220 GIFTED CHILDREN Interest in educational advantages 33 GILMER COUNTY Board of education, proposed amendment to the Constitution 469 Terms of commissioners 2068
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GLENNVILLE, CITY OF Charter amended 3298 GLENWOOD, CITY OF New charter 2935 GLYNN COUNTY Creation of office of tax assessor, proposed amendment to the Constitution 250 GORDON COUNTY Fire protection district 2119 Sheriff's compensation 2121 GRADY COUNTY Taxes, proposed amendment to the Constitution 248 GRAND JURIES Nominations for offices filled by grand jury appointments 686 GREENE COUNTY Commissioners' compensation, etc. 2205 GRIFFIN, CITY OF Corporate limits 2677 GRIFFIN JUDICIAL CIRCUIT Salary of official court reporter 368 GRISWELL, ELIAS PINK Compensation to Elias Pink Griswell 2487 GUARDIAN AND WARD Code 49-103, 49-112, 49-113, 49-202, 49-203, 49-204, 49-213, 49-214, 49-216, 49-226, 49-238, 49-308, 49310, 49-313, 49-401, 49-806, 49-807, 49-810 amended. Code 49-212 repealed 673 Custody and distribution of funds by ordinaries, Code 49-701 amended 650 Guardians to act as administrators of estates in certain cases 377
Page 774
H HALE, SUSAN S. Compensation to Susan S. Hale 3236 HALE, W. M. Compensation to W. M. Hale 3236 HALL COUNTY Board of education, proposed amendment to the Constitution 517 Fire protection districts, proposed amendments to the Constitution 589 Law books to superior court 3254 HALL OF FAME Busts of famous Georgians to be placed therein 111 442 Plaque to be placed at entrance 147 HAMPTON, CITY OF Name changed from Town of Hampton, corporate limits 3198 HANCOCK, E. FRANK Compensation to E. Frank Hancock 2003 HARALSON COUNTY Compensation of commissioner of roads and revenue 2409 Office of tax commissioner created 2917 HARALSON SUPERIOR COURT Terms 407 HAWKINS, BENJAMIN Bust of Benjamin Hawkins to be placed in Georgia Hall of Fame 442 HEAD, ROY Roy Head Bridge designated 576 HEALTH Creation of Division of Mental Health of Department of Public Health 711 Food Services Establishments Advisory Council created 371 Treatment of mentally ill persons 697
Page 775
HEALTH, STATE BOARD OF 1946 Act amended, rules, etc. 322 HENRY COUNTY Board of education; proposed amendment to the Constitution 436 Compensation of board of education 2920 Fee system abolished 3127 HIGHWAY DEPARTMENT Reimbursement to law department and counties for certain legal services 118 HIGHWAYS State Highway Board, districts 624 Upkeep of highways in municipalities 223 Use of rights-of-way for transportation of clay via pipelines 303 HOG CHOLERA Fund for eradication of hog cholera authorized 443 HOLLOWAY, JOHN, ARTHUR, SR. Compensation to John Arthur Holloway, Sr. 3251 HOLLY SPRINGS, CITY OF Name changed from Town of Holly Springs 2841 HOSPITAL ADVISORY COMMITTEE 1946 Act amended 322 HOSPITALS Veterans Hospital Facilities Study Committee 99 HOUSTON COUNTY Board of commissioners 2574 Board of Education, proposed amendment to the Constitution 599 HYGIENIST, DENTAL Examination fee 30 Revocation of licenses 53
Page 776
I INDUSTRY Committee to study ways of promoting industry extended 96 INSTITUTE OF LAW AND GOVERNMENT Investigation to determine advisability of staff services for legislature 489 INSURANCE Commissions on sales made by non-resident agents 332 Driver Responsibility Law amended, amount of liability insurance, offenses by non-residents 694 Insurance laws revision committee 106 Licensing of insurance companies, Code 56-403 amended 614 Rate study committee 100 Reciprocal insurors 623 Refunds of premiums in certain cases, Code 56-816A enacted 236 Regulation of reciprocal insurance transactions 644 Venue of actions against insurance companies 114 IRWIN COUNTY Election of commissioners 3428 IVIE, MRS. CHRISTINE Compensation to Mrs. Christine Ivie 3247 J JASPER COUNTY Compensation of treasurer 2350 Law books to ordinary 3241 JEFF DAVIS COUNTY Board of commissioner of roads and revenues 3288 JEFF DAVIS COUNTY BOARD OF EDUCATION Land conveyance authorized 458 JEFFERSON COUNTY Investigation of school conditions 2488 JEKYLL ISLAND AUTHORITY Employees covered by Retirement System 119
Page 777
JESUP, CITY COURT OF Rules, salaries, terms, costs, etc. 2525 JIM WOODRUFF RESERVOIR Removal of building restrictions from certain land near Jim Woodruff Reservoir 246 JOHNSON COUNTY Compensation of commissioners 2911 JOINER, DR. HORACE G. Compensation to Dr. Horace G. Joiner 3250 JONES, CHESTER H. Chester H. Jones relieved as surety on bond 2479 JONES COUNTY Expenses of county commissioners 2648 JONES, DR. JACK W. Compensation to Dr. Jack W. Jones 3249 JONESBORO, CITY OF Corporate limits 2619 JOYNER, ROSYER Compensation to Rosyer Joyner 3245 JUDGES PRO HAC VICE Judges emeritus of superior courts may serve 295 JUDGMENTS Judgments as liens on real estate, how perfected 379 JUNIOR COLLEGES Junior College Act of 1958 47 JUSTICES OF THE PEACE Fees, Code 24-1601 amended 201
Page 778
JUVENILE COURTS Juvenile Court Act amended, probation 395 JUVENILE DETENTION HOMES Funds for construction of juvenile detention homes authorized 532 State Detention Homes Act 239 K KENNESAW, CITY OF Corporate limits, charter amended 2224 KING, W. CHESTER W. Chester King Elementary School designated 588 KITE, TOWN OF Charter amended 2712 L LAFAYETTE, CITY OF City manager form of government 2305 LAND SURVEYORS Compensation to surveyors and helpers when surveying disputed county lines, Code 23-407 amended 633 Examinations and certificates 358 LANDSCAPE ARCHITECTS Board of Landscape Architects created 400 LANIER COUNTY Compensation of commissioners 3418 LAVONIA, CITY OF Charter amended 3282 LAW DEPARTMENT Reimbursement for certain services to Highway Department 118 LAW ENFORCEMENT Private funds to enforce penal laws 333
Page 779
LAWRENCEVILLE, CITY OF Corporate limits 2391 LEARY, CITY OF Named changed from Town of Leary, charter amended 2112 LEE COUNTY Compensation of ordinary 2118 LEESBURG, CITY COURT OF Qualifications of judge and solicitor 2075 LEESBURG STATE FARMERS' MARKET Disposition of property 524 LIBEL Retractions in mitigation of damages 54 LIBERTY COUNTY Industrial Authority, proposed amendment to the Constitution 472 LINDSLEY, THULIA Compensation to Thulia Lindsley 2494 LINWOOD, TOWN OF Charter amended 2690 LITERATURE Act creating Georgia Literature Commission amended 391 LIVESTOCK See also Agriculture Act regulating and licensing livestock dealers amended 386 LIVESTOCK AND POULTRY DISEASE CONTROL BOARD Members, compensation 369 LONG COUNTY Compensation of ordinary 2471
Page 780
LONG, CRAWFORD W. Bust of Crawford W. Long to be placed in Georgia Hall of Fame 442 LOUISVILLE, TOWN OF Elections 3195 LOWNDES COUNTY Board of Education, proposed amendment to the Constitution 448 LUDOWICI, CITY OF Charter amended 2410 LUDOWICI, CITY COURT OF Salaries, rules, etc. 2532 LUMPKIN COUNTY Amount of bonded indebtedness, proposed amendment to the Constitution 544 Investigation of school conditions 2488 Tax commissioner's salary 2928 Mc McCRANIE, MRS. WILLA MAE Compensation to Mrs. Willa Mae McCranie 3245 McDONOUGH, CITY OF Corporate limits 3367 M MACON, CITY OF Alley closed 2914 Corporate limits 2404 , 3008 Disposition of property ratified 3415 Recorder's court 2728 Recorder's court clerk 3370 Safety of buildings, proposed amendment to the Constitution 482 MACON, CITY COURT OF Deputy clerks 2588
Page 781
MANLEY, W. F. Compensation to W. F. Manley 3238 MANOR, CITY OF Incorporated 2763 MARIETTA, CITY OF Board of Lights and Waterworks, proposed amendment to the Constitution 425 Corporate limits, election hours, etc. 2594 MARRIAGE LICENSES Application, waiting period, etc., Code 53-202 amended 214 Return to parties by ordinaries after recording 331 MASTER AND SERVANT Payment of wages due deceased persons, Code 66-103 amended 641 MATHEWS, GEORGE L. Honorable George L. Mathews member State Highway Board 716 MEDICAL SERVICES Non-profit Medical Services Act amended 409 MEDICINE Practice by aliens, Code Ann. 84-927 amended 619 MENTAL HEALTH Study Committee extended 93 MENTALLY ILL Treatment of mentally ill persons 697 MENTALLY RETARDED CHILDREN Educational services 206 MIDDLE JUDICIAL CIRCUIT Compensation of solicitor general 225
Page 782
MILAN, CITY OF Charter amended 3034 MILK CONTROL COMMISSION Milk sheds, inspections, etc. 256 MILLEDGEVILLE, CITY OF Charter amended 3312 MILLEDGEVILLE STATE HOSPITAL Employees to be advised of rights under the State Merit System 155 MINES, MINING AND GEOLOGY Publication authorized 481 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Compensation of school bus drivers 329 MINORS Custody and distribution of funds by ordinaries, Code 49-701 amended 650 Employment of persons under eighteen years of age on premises where alcoholic beverages are sold 640 Support of minor children in certain cases 204 MITCHELL COUNTY Commissioners' salaries 2040 MOBLEY, C. A. Compensation to C. A. Mobley 3234 MONTICELLO, CITY OF Corporate limits 2921 MORGAN COUNTY Compensation of commissioners 2913 MORTGAGES Effect of open end mortgages limited 655
Page 783
MOTOR COMMON CARRIERS ACT Code 68-802 amended 688 MOTOR FUEL DISTRIBUTORS Bonds 207 MOTOR VEHICLES Automobile license plates for members of National Guard 642 Driver Responsibility Law amended 694 Tax Laws Study Committee 109 MOULTRIE, CITY OF Corporate limits 2441 MOUNTAIN VIEW, CITY OF Charter abolished 3022 MUNICIPAL CORPORATIONS Amount of bonded indebtedness 203 Code 69-101 thru 69-104 repealed, charter amendments 200 Pension Act applying to cities of over 150,000 population, amended 2451 , 2890 Revenue anticipation obligations to purchase transit equipment, proposed amendment to the Constitution 503 Upkeep of highways 223 MUNICIPAL COURT OF AUGUSTA Judge's secretary 2555 MUNICIPAL COURT OF SAVANNAH Salary of chief judge 2647 MUNICIPAL PLANNING COMMISSIONS 1957 Act amended, members 169 MURRAY COUNTY Clerk of board of roads and revenues 2072 Streets abandoned 2530 MUSCOGEE COUNTY Columbus-Muscogee County Planning Commission 2331 Pension fund 2579
Page 784
N NATIONAL GUARD Automobile license plates for members of National Guard 642 Resolution protesting proposed cut in strength 525 NELSON, CITY OF Name changed from Town of Nelson, charter amended 3220 NEWNAN, CITY OF Street closed 3061 NEWNAN, Mrs. Josie Mae Compensation to Mrs. Josie Mae Newnan 2482 NEWTON, CITY OF Charter amended 3279 NEWTON COUNTY Conveyance of stained glass window from state 546 NIX, EARL Earl Nix Bridge designated 531 NONPROFIT MEDICAL SERVICE ACT Amended 409 NORMAN, DAVID Compensation to David Norman 2492 NOTARIES, PUBLIC Authority 313 O OCEAN HIWAY U. S. Highway 17 designated as Ocean Hiway 143 OCONEE COUNTY Commissioners' compensation 2213 OCONEE JUDICIAL CIRCUIT Salary of solicitor-general 320 Treutlen County excluded 125
Page 785
ODOM, CLEMON Compensation to Clemon Odom 3235 OLD AGE ASSISTANCE Amount of assistance 307 OIL AND GAS Payment authorized for first producing oil well 265 OMEGA, CITY OF Name changed, charter amended 2126 ORDINARIES Commissioners of the Ordinaries Retirement Fund of Georgia, created 185 Custody and distribution of funds of minors and insane persons, Code 49-701 amended 650 Destruction of pre-marital examination certificates after one year 685 Duties where no administration of estate necessary 355 Employees in counties of not less than 108,000 and not more than 114,000 persons 3389 Filing of wills by persons still in life 354 Office hours, Code 24-2104 amended 631 Return of marriage licenses to parties after licenses are recorded 331 Tax to pay costs of ordinaries retirement fund 565 P PARDON AND PAROLE BOARD State Wide Probation Act, amended 15 PARENT AND CHILD Support of minor children in certain cases 204 PARKS Compensation of Director of State Parks 215 Control 116 Uniforms for employees of State Parks Department 634 PAULDING COUNTY Coroner's compensation 2989
Page 786
PEACE OFFICERS Fees as witnesses in counties of 300,000 or more persons 3421 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Amended 341 Taxation to support, proposed amendment to the Constitution 515 PETROLEUM PRODUCTS Branding, Code 73-222 amended 618 PHILLIPS, MRS. BLANCHE Compensation to Mrs. Blanche Phillips 3246 PICKENS COUNTY Board of Education, proposed amendment to the Constitution 455 PIERCE COUNTY Board of Education; proposed amendment to the Constition 557 PIN BALL MACHINES Counties of not less than 20,300 and not more than 20,900 authorized to levy tax 121 PINE MOUNTAIN, TOWN OF Name changed from Town of Chipley 2101 PINEORA, CITY OF Incorporated 2778 PLANNING BOARDS Number of members in cities having population of more than 300,000 persons 3385 PLANNING COMMISSIONS Act of 1951, relating to counties of not less than 108,000 not more than 112,000, amended 2317 1957 Act amended, members 169 PLUMBING Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 population 3092
Page 787
PODIATRY See State Board of Podiatry Examiners POISONS Georgia Economic Poisons Act amended 389 POLICEMEN Social security coverage 198 POLITICAL SUBDIVISIONS Amount of bonded indebtedness 203 POLK COUNTY Bonded indebtedness, proposed amendment to the Constitution 609 Compensation of coroner 2656 County attorney 3364 Travel expenses of chairman of county commissioners 3387 PORTAL, TOWN OF Charter amended 2706 PORT AUTHORITIES Brunswick Port Authority Act amended 82 PORT WENTWORTH, CITY OF Charter amended 2632 , 3094 PORTS AUTHORITY Powers and duties defined 714 POWDER SPRINGS, CITY OF Charter amended 2029 PRACTICE AND PROCEDURE Costs in divorce actions 398 Determination of heirs at law 361 Divorce and alimony actions 315 False arrest, defenses in certain cases 693 Garnishment, service of answer, Code 46-301A enacted 218 Judgments as liens on real estate, how perfected 379 Jurisdiction (venue) of divorce actions 385 Legislative intent in adopting Code 38-711 expressed in resolution 542
Page 788
Secretary of State may designate employees to accept service 381 Selection of judge pro hac vice 295 Venue of actions against insurance companies 114 PRATHER, E. C. Compensation to E. C. Prather 3234 PRATHER, F. S. Land Conveyance 31 PRESIDENT President of United States, censured 13 PRESIDENTIAL ELECTORS Selection, duties, etc. 208 PRICE, ROBERT K., COMPANY Compensation to Robert K. Price Company 2486 PRIMARY ELECTIONS Dates of holding in cities of 200,000 population or more 3176 PRIVILEGES Time of performance 388 PROBATION Probation of juveniles 395 PROBATION SYSTEM State Wide Act amended 15 PROFESSIONAL ENGINEERS Examinations and certificates 358 PUBLIC LIVESTOCK AUCTIONS AND SALES Operators' bonds 309 PUBLIC OFFICERS Nominations for offices filled by grand jury appointment 686
Page 789
PUBLIC SAFETY, DEPARTMENT OF Licenses for operation of motor driven cycles 396 Salaries 296 PUBLIC SERVICE COMMISSION Motor Common Carrier Act amended, Code 68-602 amended 688 PULASKI COUNTY Office of tax commissioner created 2826 Q QUILLIAN, JOHN E. Honorable John E. Quillian member State Highway Board 716 QUITMAN, CITY OF Charter amended 2859 R RAY, JAMES H. Compensation to James H. Ray 2495 REAL ESTATE Judgments as liens, how perfected 379 Recording of interests in land 413 REAL ESTATE BROKERS AND SALESMEN Nonresident brokers and salesmen 24 REAL ESTATE COMMISSION Use of injunction, Code 84-1424 amended 334 REAL PROPERTY Effect of open end mortgages limited 655 RECORDING OF INTERESTS IN LAND Act authorizing 413 RECORDS Building for safe storage of state records 81
Page 790
RECREATION COMMISSION Georgia Recreation Commission created 337 RECREATIONAL FACILITIES Control 116 RETIREMENT See also Employees' Retirement System, and names of systems. Act providing for pensions to members of fire departments in cities of more than 150,000 amended 2399 , 2849 , 3015 The Commissioners of the Ordinaries Retirement Fund of Georgia created 185 Office of Deputy Director Emeritus of State Board of Workmen's Compensation created 364 Peace officer annuity and benefit fund Act amended 341 Pension Act applying to cities of over 150,000 population, amended 2451 , 3019 Pension Act for policemen in cities of 150,000 or more amended 2890 , 2979 Social Security coverage for school bus drivers, policemen and firemen 198 Teachers Retirement Act amended, benefits 690 REVENUE ANTICIPATION OBLIGATIONS Counties, municipalities may issue revenue anticipation certificates to purchase transit equipment, proposed amendment to the Constitution 503 REVENUE BONDS Amount of bonded indebtedness of political subdivisions 203 Facsimiles of signatures on public securities 689 RICHMOND, CITY COURT OF Compensation of judge and solicitor 2248 RICHMOND COUNTY Purchase and sale of supplies and materials 2986 RICHMOND COUNTY 4-H CLUBS, INC. Resolution authorizing land conveyance to, amended 252
Page 791
RIGHTS OF WAY Use of rights-of-way for transportation of clay via pipelines 303 ROBERTS, FREEMAN B. Compensation to Freeman B. Roberts 2481 ROCKMART, CITY OF Corporate limits 2893 ROME, CITY OF Charter amended 3306 ROME JUDICIAL CIRCUIT Grand jury terms 182 S SANDERSVILLE, CITY COURT OF Court costs 3173 SAPP, D. C. Land conveyance to D. C. Sapp authorized 144 SAVANNAH, CITY OF Authority to abandon street 2433 Charter amended 2808 , 3337 SAVANNAH, CITY COURT OF Compensation of clerk 2383 SAVANNAH DISTRICT AUTHORITY ACT 1951 Act amended 2459 SAVANNAH, MUNICIPAL COURT OF Salary of chief judge 2647 SCHLEY COUNTY Board of Education, proposed amendment to the Constitution 511
Page 792
SCHOLARSHIPS Scholarships for prospective teachers, proposed amendment to the Constitution 432 SCHOOL BUS DRIVERS Compensation 329 Social security coverage 198 SEAT OF GOVERNMENT Temporary Seat of Government in emergency 691 SECRETARY OF STATE Authority to designate employees to accept service 381 Authority to secure Confederate Army and other records 488 Building for safe storage of State records 81 Committee to advise and assist Secretary of State in connection with building 586 Corporations chartered by, directors 92 SEMINOLE COUNTY Tax for promoting industry, proposed amendment to the Constitution 466 SERVICE OF PROCESS Authority of Secretary of State to designate employees to accept service 381 SHERIFFS Additional compensation in counties of not less than 4,520 and not more than 4,820 population 2892 Compensation in counties of not less than 34,500 and not more than 36,500 2251 SILVERTOWN, CITY OF Charter amended 2238 , 2687 Charter repealed 2242 SIMMONS, ARCHIE LAMAR Compensation to Archie Lamar Simmons 2498 SMALL CLAIMS COURTS Costs in courts in counties of not less than 33,500 and not more than 33,990 population 2925 Created in counties of not less than 18,923 and not more than 18,996 persons 2298
Page 793
SMITH, WILLIAM R. William R. Smith Elementary School designated 556 SMYRNA, CITY OF Charter amended 2658 Corporate limits 2032 SOCIAL SECURITY Coverage for certain employees 198 Coverage for judges of Court of Appeals 235 Coverage for solicitors-general and superior court judges 172 SOPERTON, CITY COURT OF Compensation of judge and solicitor 2748 SORORITIES Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution 611 SOULES, A. CHARLES A. Charles Soules bridge designated 591 SPALDING COUNTY Justice Courts, etc., abolished, other court authorized, proposed amendment to the Constitution 526 SPALDING, TOWN OF Charter abolished 2878 SPARTA BAPTIST CHURCH Charter amended 2587 STAPLETON, TOWN OF Charter amended 2584 STATE BOARD OF ACCOUNTANCY Membership, compensation, non-resident accountants, etc. Code 84-201, 84-211 amended 216 STATE BOARD OF CORRECTIONS Director's salary 413
Page 794
STATE BOARD OF EDUCATION Educational services for severely mentally retarded children 206 STATE BOARD OF HEALTH 1946 Act amended, rules 322 STATE BOARD OF PODIATRY EXAMINERS Name changed from State Board of Chiropody Examiners, Code 84-601 thru 84-611 amended, Code 84-9906 amended 174 STATE CAPITOL Temporary Seat of Government in emergency 691 STATE DETENTION HOME ACT 239 STATE EDUCATION MEDICAL BOARD Created, proposed amendment to the Constitution 478 STATE GAME AND FISH COMMISSION Barter and sale of game fish 221 Legal hours for commercial fishing in counties of not less than 7,320 and not more than 7,620 population 2695 Taking of oysters 382 Taking of shrimp 408 STATE HIGHWAY BOARD Districts 624 Honorable George L. Mathews member 716 Honorable John E. Quillian member 716 Upkeep of highways in municipalities 223 STATE HIGHWAY DEPARTMENT Reimbursement to law department and counties for certain legal services 118 STATE LITERATURE COMMISSION 1953 Act amended 391 STATE PARKS Compensation of Director of State Parks 215 Control 116 Uniforms for employees of State Parks Department 634
Page 795
STATE RECORDS Building for safe storage of state records 81 STATE REGISTRATION AND ELECTION INFORMATION BOARD Voters' Registration Act 269 STATE TREASURER Private funds for enforcement of penal laws 333 STATE WIDE PROBATION ACT Amended 15 STATESBORO, CITY COURT OF Costs, terms, rules 2750 STATESVILLE, TOWN OF Charter amended 3351 STEPHENS COUNTY Compensation of commissioners of roads and revenues 2418 Qualification fee for commissioner candidates 3423 STEPHENS COUNTY, CITY COURT OF Terms 2701 STEWART COUNTY Board of Education, proposed amendment to the constitution 253 Deputy commissioner of roads and revenues 2436 STOCKBRIDGE, CITY OF Corporate limits 3132 STONE MOUNTAIN Committee to study proposed purchase 8 Stone Mountain Memorial Association created 61 STOVALL MOTOR COMPANY, INC. Compensation to Stovall Motor Company, Inc. 2496
Page 796
SUGAR HILL, TOWN OF Corporate limits 3193 Taxation 3344 SULLIVAN, MRS. ETTEAN BROWN Compensation to Mrs. Ettean Brown Sullivan 2475 SUMTER COUNTY Employees' pension plan amended 2083 SUPERIOR COURTS Compensation of clerks and their assistants certain counties, (Bulloch), 1937 Act amended 2715 Recording of interests in land 413 Service by judges and justices emeritus 318 Service by justices and judges emeritus, proposed amendment to the Constitution 491 Social security coverage for solicitors-general and judges 172 Solicitors-general in counties of over 300,000 may appoint investigators 194 Solicitors-general Retirement Act, amended, benefits, years of service 163 SUPPORT Uniform Reciprocal Enforcement of Support Act 34 SWAINSBORO, CITY OF Corporate limits 3143 T TALLAPOOSA JUDICIAL CIRCUIT Terms of Haralson County superior court 407 TALMADGE, HERMAN E. Portrait of Herman E. Talmadge to be hung in capitol 595 TANNER, DAVID Compensation to David Tanner 2497 TAX ASSESSORS Appointment in counties of not less than 29,050 and not more than 30,275 2049
Page 797
Joint city-county boards of tax assessors in all counties having all or the greater part of 300,000 or more 3390 TAX COLLECTORS Not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3081 TAX COMMISSIONERS Compensation in counties of not less than 9,135 and not more than 9,210 2327 Not required to make rounds in counties of not less than 6,900 and not more than 7,000 persons 3420 TAX RECEIVERS Tax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3,192 TAXATION Arbitration of tax assessments, Code 92-6912 amended 387 Authority to counties to levy a tax for school lunch programs 370 Automobile license plates for members of National Guard 642 Bonds of motor fuel distributors, Code 92-1406 amended 207 Code 92-6913 amended as to counties of 300,000 or more 3018 County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population 2572 County tax receivers, tax collectors and tax commissioners included in State Employees Retirement System 637 Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution 611 Gasoline tax refunds, time for filing 612 Income Tax Law Study Committee 422 Long term capital gains, Code 92-3119 amended 617 Motor Vehicle Tax Laws Study Committee 109 Refunds to taxpayers, Code 92-6502 amended, Code 92-6503, 92-6504 repealed 219 Special license plates for antique automobiles 302 Tax levy for school lunch programs, proposed amendment to the Constitution 428 Tax to pay costs of ordinaries retirement fund, proposed amendment to the Constitution 565 Tax to support school lunch programs, proposed amendment to the Constitution 563 Taxes for support of Peace Officers Annuity and Benefit Fund, proposed amendment to the Constitution 515 Tobacco products, amount of tax to be shown on package 336
Page 798
TEACHERS RETIREMENT ACT AMENDED Retirement benefits 690 TELFAIR COUNTY Land conveyance from state authorized 161 TERRELL COUNTY Terrell County Development Authority, proposed amendment to the Constitution 149 , 533 THOMAS, W. M. Compensation to W. M. Thomas 2480 THOMASTON, CITY OF Corporate limits 2264 , 2879 THOMASVILLE, CITY OF Charter amended 3391 THUNDERBOLT, TOWN OF Recorder's court 2617 TIFT COUNTY Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 TIFTON, CITY OF Charter amended 2930 Corporate limits 2696 Public utilities 2665 Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 TIME Time performance of privilege or duty 388 TOBACCO Request to Congress, acreage allotments 9 TOCCOA, CITY OF Corporate limits 2898
Page 799
TOLL BRIDGE AUTHORITY Rates on Sidney Lanier Bridge, request to lower 453 TOOMBS COUNTY Employment of certified public accountant 3202 TORTS False arrest, defense in certain cases 693 TOWNSEND, MRS. EDITH SUE Compensation to Mrs. Edith Sue Townsend 3245 TRAFFIC COURTS Act of 1955 creating traffic courts in cities of 300,000 or more amended 2259 TREUTLEN COUNTY Placed in Dublin Judicial Circuit 125 TREUTLEN, JOHN ADAM Bust of John Adam Treutlen to be placed in Georgia Hall of Fame 442 TRINITY CHURCH PLAN Founders of Trinity Church Plan commended 562 TROUP COUNTY Board of commissioners of roads and revenues 3068 TROUP, GEORGE M. Bust of George M. Troup to be placed in Georgia Hall of Fame 442 TRUELOVE, FRANKLIN Compensation to Franklin Truelove 3252 TURNER COUNTY Board of Education, proposed amendment to the Constitution 570
Page 800
U U. S. CONSTITUTION Georgia's signers honored 111 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Enacted 34 UNITED STATES FOREST SERVICE Investigation of policies urged 434 UNITED STATES PRESIDENT Censured 13 USED CAR DEALERS Registration Act 55 V VALDOSTA, CITY OF City manager 2624 VAN WERT, TOWN OF Charter dissolved 2468 VERNONBURG, TOWN OF Charter amended 2804 VETERANS Hospital Facilities Study Committee 99 VIDALIA, CITY OF Charter amended 2833 VIENNA, CITY OF Charter amended 2384 VOTERS' REGISTRATION ACT 269 W WALESKA, CITY OF Name changed from Town of Waleska 2623
Page 801
WALKER COUNTY, CITY COURT OF Judge's salary, jurors 2531 WALTON COUNTY Board of commissioners 2096 WARE COUNTY Use of voting machines 2500 WARM AIR HEATING CONTRACTORS Counties where applicable 132 , 627 WARNER ROBINS, CITY OF Charter amended 3218 WARREN COUNTY Law books to clerk of superior court 3237 WARRENTON, CITY OF Charter amended 2424 WASHINGTON, CITY OF New charter 2139 WASHINGTON COUNTY Board of education, proposed amendment to the Constitution 576 WAYCROSS, CITY OF Use of voting machines 2538 WAYCROSS JUDICIAL CIRCUIT Compensation of official court reporter 170 WAYNE COUNTY Board of education, proposed amendment to the Constitution 549 WAYNESBORO, CITY OF Corporate limits 2218 WEHUNT, HOYT Compensation to Hoyt Wehunt 2268
Page 802
WELFARE Amount of old age assistance 307 Treatment of mentally ill persons 697 WESLEYAN CONSERVATORY Committee to study acquisition of certain property 105 WESTERN AND ATLANTIC RAILROAD Conveyance of surplus land authorized 154 WHITE, BETTY JO Compensation for injuries to Betty Jo White 2483 WHITE COUNTY Commissioners of roads and revenues 3220 WHITE, SUE JEAN Compensation for injuries to Sue Jean White 2483 WHITMAN, D. D. Compensation to D. D. Whitman 2478 WILKERSON, W. J. Compensation to W. J. Wilkerson 2491 WILKES COUNTY Board of commissioners 2091 Board of education, proposed amendment to the Constitution 460 WILLS AND ADMINISTRATION OF ESTATES Code 113-301, 113-409, 113-502, 113-601, 113-602, 113-607, 113-617, 113-618, 113-703, 113-802, 113-1002, 113-1505, 113-1517, 113-1518, 113-1601, 113-1602, 113-1603, 113-1605, 113-1702, 113-1703, 113-1704, 113-1706, 113-2010, and 113-2104 amended 657 Duties of ordinaries where no administration of estate necessary 355 Filing of wills by persons still in life 354 Guardian to act as administrators of estates in certain cases 377 Minors rights to year's support barred by marriage before application filed 378
Page 803
Payments on death of members by building and loan associations, Code Ann. 16-433 amended 620 Procedure to determine heirs at law 361 Wages due decreased persons, Code 66-103 amended 641 WILSON, JOHN T. Land conveyance to John T. Wilson authorized 144 WILSON, W. R., JR. Land conveyance to W. R. Wilson, Jr., authorized 144 WILSON, W. R., SR., Land conveyance to W. R. Wilson, Sr., authorized 144 WINDER, CITY OF City manager form of government 2338 Corporate limits 2390 Winder-Barrow County Airport Authority 3087 WOODSTOCK, CITY OF Name changed from Town of Woodstock 2522 WORKMENS COMPENSATION Counties included as employers 183 Creation of office of Deputy Director Emeritus 364 Loss of hearing in one ear, compensation 360 WRIGHTSVILLE, CITY OF Corporate limits 3013 Y YEAR'S SUPPORT Minor's rights to year's support barred by marriage before application filed 378 YOUNGBLOOD, FREDDIE Compensation to Freddie Youngblood 2500 YOUTH HONOR DAY Youth Honor Day designated 424 , 573
Page 804
Z ZONING AND PLANNING BOARDS Number of members in cities having population of more than 300,000 persons 3385
Page 805
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
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POPULATION NUMERICALLY LISTED ACCORDING TO 1950 CENSUS Counties Population Echols 2,494 Quitman 3,015 Glascock 3,579 Long 3,598 Dawson 3,712 Schley 4,036 Webster 4,081 Taliaferro 4,515 Towns 4,803 Charlton 4,821 Lanier 5,151 Clay 5,844 White 5,951 Baker 5,952 Bryan 5,965 Clinch 6,007 McIntosh 6,008 Crawford 6,080 Brantley 6,387 Lincoln 6,462 Marion 6,521 Treutlen 6,522 Lumpkin 6,574 Evans 6,653 Lee 6,674 Wheeler 6,712 Banks 6,935 Heard 6,975 Oconee 7,009 Union 7,318 Camden 7,322 Atkinson 7,362 Dade 7,364 Rabun 7,424 Jasper 7,473 Jones 7,538 Talbot 7,687 Putnam 7,731 Montgomery 7,901 Seminole 7,904 Fayette 7,978 Candler 8,063 Twiggs 8,308 Liberty 8,444 Pike 8,459 Rockdale 8,464 Calhoun 8,578 Warren 8,779 Pulaski 8,808 Pickens 8,855 Bacon 8,940 Miller 9,023 Butts 9,079 Taylor 9,113 Effingham 9,133 Stewart 9,194 Bleckley 9,218 Jeff Davis 9,299 Columbia 9,525 Wilkinson 9,781 Johnson 9,893 Oglethorpe 9,958 Gilmer 9,963 Wilcox 10,167 Lamar 10,242 Jenkins 10,264 Turner 10,479 Monroe 10,523 Murray 10,676 Forsyth 11,005 Hancock 11,052 Pierce 11,112 Harris 11,265 McDuffie 11,443 Peach 11,705 Paulding 11,752 Morgan 11,899 Irwin 11,973 Chattahoochee 12,149 Douglas 12,173 Cook 12,201 Madison 12,238 Wilkes 12,388 Greene 12,843 Barrow 13,115 Telfair 13,221 Randolph 13,804 Berrien 13,966 Appling 14,003 Dooly 14,159 Macon 14,213 Wayne 14,248 Terrell 14,314 Franklin 14,446 Hart 14,495 Haralson 14,663 Ben Hill 14,879 Catoosa 15,146 Fannin 15,192 Henry 15,857 Tattnall 15,939 Habersham 16,553 Stephens 16,647 Toombs 17,382 Early 17,413 Crisp 17,663 Dodge 17,865 Screven 18,000 Brooks 18,169 Elbert 18,585 Jefferson 18,855 Gordon 18,922 Grady 18,928 Jackson 18,997 Worth 19,357 Emanuel 19,789 Newton 20,185 Walton 20,230 Cherokee 20,750 Houston 20,964 Washington 21,012 Meriwether 21,055 Chattooga 21,197 Mitchell 22,528 Tift 22,645 Clayton 22,872 Burke 23,458 Decatur 23,620 Coffee 23,961 Sumter 24,208 Bulloch 24,740 Upson 25,078 Bartow 27,370 Coweta 27,786 Glynn 29,046 Baldwin 29,706 Ware 30,289 Polk 30,976 Spalding 31,045 Gwinnett 32,320 Laurens 33,123 Thomas 33,932 Colquitt 33,999 Carroll 34,112 Whitfield 34,432 Lowndes 35,211 Clarke 36,550 Walker 38,198 Hall 40,113 Dougherty 43,617 Troup 49,841 Cobb 61,830 Floyd 62,899 Richmond 108,876 Bibb 114,079 Muscogee 118,028 DeKalb 136,395 Chatham 151,481 Fulton 473,572
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MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1957-1958 Senators District Post Office Adams, Wallace 15th Glenwood Bentley, Fred D., Sr. 39th Marietta Brannen, Clint B. 14th Unadilla Brown, Arthur D. 19th Sharon Brown, Charlie 52nd Atlanta Butts, Leon E., Jr. 12th Lumpkin Coker, Robert E. 44th LaFayette Cook, Bobby Lee 42nd Summerville Cox, Julian H. 50th Athens Crawford, Ralph L. 1st Savannah Deen, H. Dorsey 46th Rt. 4, Alma Drinkard, John P. 29th Lincolnton Dunn, W. Ellison 8th Donalsonville Edenfield, M. 2nd Darien Edge, Dr. H. M. 40th Blairsville Ellard, Glenn W. 31st Cornelia Foster, E. Alvin 26th Forest Park Garrett, Charles 53rd Rt. 3, Nashville Gill, Paul L. 13th Ellaville Gillis, Hugh 16th Soperton Gould, James D. 4th Brunswick Hawes, Peyton S. 30th Elberton Henderson, Waldo 5th Rt. 2, Lakeland Hill, Wilton 54th Reidsville Holder, Dr. Frank P., Jr. 48th Eastman Howard, J. Henry 17th Sylvania Howell, Wm. Mobley 9th Blakely Hughes, J. Cliff 32nd Rt. 1, Dawsonville Jackson, George L. 21st Gray Kelley, Asa D., Jr. 10th Albany Kelly, Roy R. 28th Monticello Langdale, John W. 6th Valdosta Mallory, L. A., Jr. 25th Thomaston Mashburn, Dr. Marcus 33rd Cumming McGarity, Edward E. 35th McDonough McLaughlin, Dr. J. T. 3rd Jesup Moss, C. L. 43rd Calhoun Newman, Grover L. 38th Bremen Oxford, Dixon 11th Dawson Paris, James W. 27th Winder Pelham, Glenn 7th Cairo Peters, James S. 36th Manchester Pound, Marvin G., Sr. 20th Sparta Roper, Dr. C. J. 41st Jasper Sammon, Frank Quill, Jr. 34th Lawrenceville Sanders, Carl E. 18th Augusta Stafford, DeNean 47th Tifton Trotter, William P. 37th LaGrange Williams, Charlie L. 51st Warner Robins Williams, F. Everett 49th Statesboro Wilson, Wm. J. 23rd Fort Valley Woodward, Bailey 22nd Jenkinsburg Wright, N. E. 24th Cusseta Young, Martin 45th Rebecca
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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictCHATHAM, Effingham RALPH L. CRAWFORD Savannah Second DistrictMcINTOSH, Liberty, Bryan M. EDENFIELD Darien Third DistrictWAYNE, Long, Brantley DR. J. T. McLAUGHLIN Jesup Fourth DistrictGLYNN, Camden, Charlton JAMES D. GOULD Brunswick Fifth DistrictATKINSON, Clinch, Ware WALDO HENDERSON Rt. 2, Lakeland Sixth DistrictLOWNDES, Lanier, Echols JOHN W. LANGDALE Valdosta Seventh DistrictGRADY, Mitchell, Thomas GLENN PELHAM Cairo Eighth DistrictSEMINOLE, Miller, Decatur W. ELLISON DUNN Donalsonville Ninth DistrictEARLY, Baker, Calhoun WM. MOBLEY HOWELL Blakely Tenth DistrictDOUGHERTY, Worth, Lee ASA D. KELLEY, JR. Albany Eleventh DistrictTERRELL, Clay, Randolph DIXON OXFORD Dawson Twelfth DistrictSTEWART, Webster, Quitman LEON E. BUTTS, JR. Lumpkin Thirteenth DistrictSCHLEY, Sumter, Macon PAUL L. GILL Ellaville Fourteenth DistrictDOOLY, Pulaski, Bleckley CLINT B. BRANNEN Unadilla Fifteenth DistrictWHEELER, Toombs, Montgomery WALLACE ADAMS Glenwood Sixteenth DistrictTREUTLEN, Emanuel, Laurens HUGH GILLIS Soperton Seventeenth DistrictSCREVEN, Burke, Jenkins J. HENRY HOWARD Sylvania Eighteenth DistrictRICHMOND, Glascock, Jefferson CARL E. SANDERS Augusta Nineteenth DistrictTALIAFERRO, Greene, Warren ARTHUR D. BROWN Sharon Twentieth DistrictHANCOCK, Washington, Baldwin MARVIN G. POUND, SR. Sparta Twenty-First DistrictJONES, Wilkinson, Johnson GEORGE L. JACKSON Gray Twenty-Second DistrictBUTTS, Lamar, Monroe BAILEY WOODWARD Jenkinsburg Twenty-Third DistrictPEACH, Taylor, Crawford WM. J. WILSON Fort Valley Twenty-Fourth DistrictCHATTAHOOCHEE, Marion, Muscogee N. E. WRIGHT Cusseta Twenty-Fifth DistrictUPSON, Talbot, Harris L. A. MALLORY, JR. Thomaston Twenty-Sixth DistrictCLAYTON, Fayette, Spalding E. ALVIN FOSTER Forest Park Twenty-Seventh DistrictBARROW, Oconee, Jackson JAMES W. PARIS Winder Twenty-Eighth DistrictJASPER, Putnam, Morgan ROY R. KELLY Monticello Twenty-Ninth DistrictLINCOLN, McDuffie, Columbia JOHN P. DRINKARD Lincolnton Thirtieth DistrictELBERT, Hart, Madison PEYTON S. HAWES Elberton Thirty-First DistrictHABERSHAM, Franklin, Stephens GLENN W. ELLARD Cornelia Thirty-Second DistrictDAWSON, White, Lumpkin J. CLIFF HUGHES Rt. 1, Dawsonville Thirty-Third DistrictFORSYTH, Banks, Hall DR. MARCUS MASHBURN Cumming Thirty-Fourth DistrictGWINNETT, Rockdale, DeKalb FRANK QUILL SAMMON, JR. Lawrenceville Thirty-Fifth DistrictHENRY, Newton, Walton EDWARD E. McGARITY McDonough Thirty-Sixth DistrictMERIWETHER, Pike, Coweta JAMES S. PETERS Manchester Thirty-Seventh DistrictTROUP, Heard, Carroll WILLIAM P. TROTTER LaGrange Thirty-Eighth DistrictHARALSON, Polk, Paulding GROVER L. NEWMAN Bremen Thirty-Ninth DistrictCOBB, Cherokee, Douglas FRED D. BENTLEY, SR. Marietta Fortieth DistrictUNION, Rabun, Towns DR. H. M. EDGE Blairsville Forty-First DistrictPICKENS, Fannin, Gilmer DR. C. J. ROPER Jasper Forty-Second DistrictCHATTOOGA, Floyd, Bartow BOBBY LEE COOK Summerville Forty-Third DistrictGORDON, Murray, Whitfield C. L. MOSS Calhoun Forty-Fourth DistrictWALKER, Catoosa, Dade ROBERT E. COKER LaFayette Forty-Fifth DistrictBEN HILL, Telfair, Irwin MARTIN YOUNG Rebecca Forty-Sixth DistrictBACON, Coffee, Pierce H. DORSEY DEEN Rt. 4, Alma Forty-Seventh DistrictTIFT, Turner, Colquitt DeNEAN STAFFORD Tifton Forty-Eighth DistrictDODGE, Wilcox, Crisp DR. FRANK P. HOLDER, JR. Eastman Forty-Ninth DistrictBULLOCH, Candler, Evans F. EVERETT WILLIAMS Statesboro Fiftieth DistrictCLARKE, Wilkes, Oglethorpe JULIAN H. COX Athens Fifty-First DistrictHOUSTON, Bibb, Twiggs CHARLIE L. WILLIAMS Warner Robins Fifty-Second DistrictFULTON CHARLIE BROWN Atlanta Fifty-Third DistrictBERRIEN, Cook, Brooks CHARLES GARRETT Rt. 3, Nashville Fifty-Fourth DistrictTATTNALL, Appling, Jeff Davis WILTON HILL Reidsville
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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1957-1958 Representative County Post Office Adams, W. L. (Roy) Evans Claxton Allen, Francis W. Bulloch Statesboro Bagby, George T. Paulding Dallas Ballard, W. D. Newton Oxford Barber, Mac Jackson Commerce Barrett, Carl Cherokee Holly Springs Baughman, Leon H. Early Cedar Springs Birdsong, Frank G. Troup LaGrange Black, J. Lucius Webster Preston Blalock, D. B. Coweta Newnan Blalock, Edgar Clayton Jonesboro Bodenhamer, Wm. T. Tift Ty Ty Boggs, Harold A. Madison Danielsville Bolton, Arthur K. Spalding Rt. B, Griffin Brackin, J. O. Seminole Rt. 1, Iron City Bradley, Woodrow H. Bartow Cartersville Brennan, Edward T. Chatham Savannah Brooks, Geo. B. Oglethorpe Crawford Brooks Wilson Fulton Atlanta Broome, C. J. Bacon Alma Budd, Roger Lowndes Valdosta Burkhalter, Lyman Tattnall Glennville Busbee, George D. Dougherty Albany Cagle, Olen Pickens Jasper Caldwell, Johnnie L. Upson Thomaston Callier, H. Chris Talbot Talbotton Campbell, Albert Walker LaFayette Campbell, William M. (Bill) Walker Rossville Carlisle, J. Douglas Bibb Macon Carr, Buford W. Dooly Vienna Carswell, Porter W. Burke Waynesboro Carter, William Oscar Hart Hartwell Chastain, Robt. E. Thomas Thomasville Cheatham, Frank S., Jr. Chatham Savannah Cheek, Hugh G. Taylor Butler Cloud, H. Carl Decatur Climax Coalson, Elmer John Polk Rockmart Cocke, Steve M. Terrell Dawson Cowart, J. Martin Calhoun Arlington Craven, S. P. Carroll Rt. 1, Carrollton Crummey, Cecil D. Wilcox Rochelle Denmark, Roscoe Liberty Hinesville Dorminy, A. B. C., Jr. Ben Hill Fitzgerald Duncan, J. Ebb Carroll Carrollton Echols, Talmage B. Upson Thomaston Elder, D. Mayne Oconee Watkinsville Ellis, S. Thomas Henry McDonough Eyler, Edgar P. Chatham Savannah Fellows, Tom T. Coffee Douglas Floyd, James H. Chattooga Trion Flynt, Wales T. Taliaferro Crawfordville Fordham, Wiley B. Bulloch Statesboro Fowler, A. A., Jr. Douglas Douglasville Fowler, J. Wyman Treutlen Soperton Frazier, Joe Jeff Davis Hazlehurst Freeman, Wm. B. Monroe Forsyth Fuqua, J. B. Richmond Augusta Gowen, Charles L. Glynn Brunswick Green, Paul A. Rabun Clayton Greene, William B. Bartow Cartersville Griffith, Robert L. Baldwin Milledgeville Grimsley, Lonnie H. Cook Adel Gross, Frank L. Stephens Toccoa Gross, Woodrow W. Dade Avans Gunter, Wm. B. Hall Gainesville Hall, H. G. Lee Rt. 2, Leesburg Hall, J. Battle Floyd Rome Hardaway, Guy W. Meriwether Manchester Harper, W. L. Gilmer Ellijay Harrison, G. R. Franklin Carnesville Hawkins, W. Colbert Screven Sylvania Helms, Jack Jeffrey Atkinson Pearson Henderson, G. B., Jr. Irwin Ocilla Hendrix, George W. Long Ludowici Hill, Robert A. Wheeler Alamo Hodges, Ben A. Ware Waycross Hodges, B. Harvey Butts Jackson Hogan, Rubert L. Laurens Dudley Holcombe, Eugene W. Cobb Marietta Holley, William W. Richmond Augusta Holloway, A. W. Dougherty Albany Huddleston, Grady L. Fayette Fayetteville Hurst, Joe J. Quitman Georgetown Ingle, Buford A. Gordon Resaca Irvin, Thomas T. Habersham Rt. 1, Mt. Airy Jessup, Ben Bleckley Cochran Johnson, Marion Merrill Jenkins Millen Jones, Clarence C. Wayne Jesup Jones, David C. Worth Sylvester Jones, Fred C., Jr. Lumpkin Dahlonega Jones, K. E. (Kent) Baker Newton Jones, Paul J., Jr. Laurens Dublin Jones, Thad M. Sumter Plains Jones, W. T. Crawford Roberta Kelley, R. H. Dawson Dawsonville Kennedy, T. E., Jr. Turner Ashburn Key, Wm. Hicks Jasper Monticello Kidd, E. Culver Baldwin Milledgeville Killian, William R. Glynn Brunswick Kimmons, W. H. Pierce Blackshear King, Joe N. Chattahoochee Cusseta Lam, C. O. Troup Hogansville Lancaster, U. S. Jones Rt. 1, Gray Land, A. T. Wilkinson Allentown Lanier, William L. (Bill) Candler Metter Larkins, J. Floyd Brantley Hoboken Lee, William J. (Bill) Clayton Rt. 1, Forest Park Lindsey, Frank P., Jr. Spalding Griffin Lokey, Leonard N. McDuffie Thomson Long, Fred F. Murray Chatsworth Lott, H. W. Berrien Nashville Love, John W., Jr. Catoosa Ringgold Mackay, James A. DeKalb Decatur Mann, James C. Rockdale Conyers Martin, Tom Banks Rt. 1, Homer Matthews, Chappelle Clarke Athens McClelland, Ralph Fulton Atlanta McCracken, J. Roy Jefferson Avera McGibony, T. Hamp Greene Greensboro Mckenna, Andrew W. Bibb Macon McWhorter, W. Hugh DeKalb Decatur Miles, Bernard F. Richmond Augusta Miller, Jerre Chappell, Jr. Twiggs Jeffersonville Miller, Dr. J. H. Elbert Elberton Moate, Marvin E. Hancock Sparta Mobley, T. Watson Burke Girard Moorman, Warren S. Lanier Lakeland Morris, Leonard Tift Rt. 5, Tifton Moss, Tom W., Jr. Gwinnett Buford Mull, Reid Fannin Blue Ridge Murphy, Harold L. Haralson Buchanan Murr, Jack Sumter Americus Musgrove, Downing Clinch Homerville Neese, J. P. Clay Fort Gaines Newton, David L. Colquitt Rt. 2, Norman Park Nichols, Doyle W., Deceased Towns Hiawassee Nilan, John Muscogee Columbus Odom, John D. Camden Kingsland Orr, Wilbur A., Jr. Wilkes Washington Overby, Howard T. Hall Gainesville Palmer, Tom C., Jr. Mitchell Pelham Parker, E. L. Pike Meansville Parker, Thomas A. Ware Waycross Parker, W. C. Bill Appling Baxley Payton, Henry N. Coweta Newnan Pelham, B. E. Schley Ellaville Perkins, Roy Grady Cairo Perry, Eldridge W. Marion Buena Vista Peters, Hoke S. Meriwether Manchester Pettey, Pete Pulaski Hawkinsville Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Pickard, A. Mac Muscogee Columbus Pickett, John P. Polk Cedartown Ramsey, H. N., Sr. Effingham Springfield Raulerson, Louis T. Echols Haylow Ray, Jack B. Warren Norwood Reed, Raymond M. Cobb Smyrna Roberts, Reggie E. Coffee Douglas Rodgers, H. Ben Charlton Folkston Rogers, J. Artie Heard Franklin Ross, Ben B. Lincoln Lincolnton Roughton, Harvey Washington Sandersville Rowland, Emory L. Johnson Wrightsville Russell, Robert L. Barrow Winder Rutland, Guy W., Jr. DeKalb Decatur Scoggin, Robert L. (Bob) Floyd Rome Sheffield, John E., Jr. Brooks Quitman Short, H. Jack Colquitt Doerun Singer, Sam S. Stewart Lumpkin Sivell, W. Durand Harris Pine Mountain Smith, A. C. Forsyth Cumming Smith, George L., II Emanuel Swainsboro Smith, J. R. Lamar Barnesville Smith, M. M. (Muggsy) Fulton Atlanta Smith, Virgil T. Whitfield Dalton Smith, W. K., M. D. Bryan Pembroke Souter, J. Lester Macon Montezuma Stephens, Robert G., Jr. Clarke Athens Story, Earl P. Gwinnett Lawrenceville Summers, Marvin L. Crisp Rt. 2, Cordele Tabb, Buck Miller Colquitt Tamplin, Howard Morgan Madison Tarpley, Jack G. Union Blairsville Taylor, John L. Decatur Attapulgus Todd, W. G. Glascock Gibson Truelove, Franklin F. White Cleveland Twitty, Frank S. Mitchell Camilla Underwood, Joe C. Montgomery Mount Vernon Veal, Dallas Putnam Eatonton Walker, Fred H. Lowndes Valdosta Walker, Jim C. Telfair McRae Watson, R. Herman Houston Warner Robins Weems, Paul B. Chattooga Summerville Wells, D. Warner Peach Fort Valley White, Daniel H. McIntosh Darien Willingham, Harold S. Cobb Marietta Willis, O. S. (Stewart) Thomas Coolidge Wilson, Edgar H. Bibb Macon Winkle, Homer E. Whitfield Dalton Wooten, J. Mercer Randolph Shellman Wright, Barry, Jr. Floyd Rome Wright, R. T (Bob) Dodge Eastman Yandle, Hoyle R. Toombs Lyons Young, J. Gordon Muscogee Columbus
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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1957-1958 County Representative Post Office Appling W. C. Bill Parker Baxley Atkinson Jack Jeffrey Helms Pearson Bacon C. J. Broome Alma Baker K. E. (Kent) Jones Newton Baldwin Robert L. Griffith Milledgeville Baldwin E. Culver Kidd Milledgeville Banks Tom Martin Rt. 1, Homer Barrow Robert L. Russell Winder Bartow Woodrow H. Bradley Cartersville Bartow William B. Greene Cartersville Ben Hill A. B. C. Dorminy, Jr. Fitzgerald Berrien H. W. Lott Nashville Bibb J. Douglas Carlisle Macon Bibb Andrew W. McKenna Macon Bibb Edgar H. Wilson Macon Bleckley Ben Jessup Cochran Brantley J. Floyd Larkins Hoboken Brooks John E. Sheffield, Jr. Quitman Bryan W. K. Smith, M. D. Pembroke Bulloch Francis W. Allen Statesboro Bulloch Wiley B. Fordham Statesboro Burke Porter W. Carswell Waynesboro Burke T. Watson Mobley Girard Butts B. Harvey Hodges Jackson Calhoun J. Martin Cowart Arlington Camden John D. Odom Kingsland Candler William L. (Bill) Lanier Metter Carroll S. P. Craven Rt. 1, Carrollton Carroll J. Ebb Duncan Carrollton Catoosa John W. Love, Jr. Ringgold Charlton H. Ben Rodgers Folkston Chatham Edward T. Brennan Savannah Chatham Frank S. Cheatham, Jr. Savannah Chatham Edgar P. Eyler Savannah Chattahoochee Joe N. King Cusseta Chattooga James H. Floyd Trion Chattooga Paul B. Weems Summerville Cherokee Carl Barrett Holly Springs Clarke Chappelle Matthews Athens Clarke Robert G. Stephens, Jr. Athens Clay J. P. Neese Fort Gaines Clayton Edgar Blalock Jonesboro Clayton William J. (Bill) Lee Rt. 1, Forest Park Clinch Downing Musgrove Homerville Cobb Eugene W. Holcombe Marietta Cobb Raymond M. Reed Smyrna Cobb Harold S. Willingham Marietta Coffee Tom T. Fellows Douglas Coffee Reggie E. Roberts Douglas Colquitt David L. Newton Rt. 2, Norman Park Colquitt H. Jack Short Doerun Columbia Glenn S. Phillips Harlem Cook Lonnie H. Grimsley Adel Coweta D. B. Blalock Newnan Coweta Henry N. Payton Newnan Crawford W. T. Jones Roberta Crisp Marvin L. Summers Rt. 2, Cordele Dade Woodrow W. Gross Avans Dawson R. H. Kelley Dawsonville Decatur H. Carl Cloud Climax Decatur John L. Taylor Attapulgus DeKalb James A. Mackay Decatur DeKalb W. Hugh McWhorter Decatur DeKalb Guy W. Rutland, Jr. Decatur Dodge R. T. (Bob) Wright Eastman Dooly Buford W. Carr Vienna Dougherty George D. Busbee Albany Dougherty A. W. Holloway 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 Dr. J. H. Miller Elberton Emanuel George L. Smith, II Swainsboro Evans W. L. (Roy) Adams Claxton Fannin Reid Mull Blue Ridge Fayette Grady L. Huddleston Fayetteville Floyd J. Battle Hall Rome Floyd Robert L. (Bob) Scoggin Rome Floyd Barry Wright, Jr. Rome Forsyth A. C. Smith Cumming Franklin G. R. Harrison Carnesville Fulton Wilson Brooks Atlanta Fulton Ralph McClelland Atlanta Fulton M. M. (Muggsy) Smith Atlanta Gilmer W. L. Harper Ellijay Glascock W. G. Todd Gibson Glynn Charles L. Gowen Brunswick Glynn William R. Killian Brunswick Gordon Buford A. Ingle Resaca Grady Roy Perkins Cairo Greene T. Hamp McGibony Greensboro Gwinnett Tom W. Moss, Jr. Buford Gwinnett Earl P. Story Lawrenceville Habersham Thomas T. Irvin Rt. 1, Mt. Airy Hall Wm. B. Gunter Gainesville Hall Howard T. Overby Gainesville Hancock Marvin E. Moate Sparta Haralson Harold L. Murphy Buchanan Harris W. Durand Sivell Pine Mountain Hart William Oscar Carter Hartwell Heard J. Artie Rogers Franklin Henry S. Thomas Ellis McDonough Houston R. Herman Watson Warner Robins Irwin G. B. Henderson, Jr. Ocilla Jackson Mac Barber Commerce Jasper Wm. Hicks Key Monticello Jeff Davis Joe Frazier Hazlehurst Jefferson J. Roy McCracken Avera Jenkins Marion Merrill Johnson Millen Johnson Emory L. Rowland Wrightsville Jones U. S. Lancaster Rt. 1, Gray Lamar J. R. Smith Barnesville Lanier Warren S. Moorman Lakeland Laurens Rubert L. Hogan Dudley Laurens Paul J. Jones, Jr. Dublin Lee H. G. Hall Rt. 2, Leesburg Liberty Roscoe Denmark Hinesville Lincoln Ben B. Ross Lincolnton Long George W. Hendrix Ludowici Lowndes Roger Budd Valdosta Lowndes Fred H. Walker Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon J. Lester Souter Montezuma Madison Harold A. Boggs Danielsville Marion Eldridge W. Perry Buena Vista McDuffie Leonard N. Lokey Thomson McIntosh Daniel H. White Darien Meriwether Guy W. Hardaway Manchester Meriwether Hoke S. Peters Manchester Miller Buck Tabb Colquitt Mitchell Tom C. Palmer, Jr. Pelham Mitchell Frank S. Twitty Camilla Monroe Wm. B. Freeman Forsyth Montgomery Joe C. Underwood Mount Vernon Morgan Howard Tamplin Madison Murray Fred F. Long Chatsworth Muscogee John Nilan Columbus Muscogee A. Mac Pickard Columbus Muscogee J. Gordon Young Columbus Newton W. D. Ballard Oxford Oconee D. Mayne Elder Watkinsville Oglethorpe Geo. B. Brooks Crawford Paulding George T. Bagby Dallas Peach D. Warner Wells Fort Valley Pickens Olen Cagle Jasper Pierce W. H. Kimmons Blackshear Pike E. L. Parker Meansville Polk Elmer John Coalson Rockmart Polk John P. Pickett Cedartown Pulaski Pete Pettey Hawkinsville Putnam Dallas Veal Eatonton Quitman Joe J. Hurst Georgetown Rabun Paul A. Green Clayton Randolph J. Mercer Wooten Shellman Richmond J. B. Fuqua Augusta Richmond William W. Holley Augusta Richmond Bernard F. Miles Augusta Rockdale James C. Mann Conyers Schley B. E. Pelham Ellaville Screven W. Colbert Hawkins Sylvania Seminole J. O. Brackin Rt. 1, Iron City Spalding Arthur K. Bolton Rt. B, 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 Lyman Burkhalter Glennville Taylor Hugh G. Cheek Butler Telfair Jim C. Walker McRae Terrell Steve M. Cocke Dawson Thomas Robt. E. Chastain Thomasville Thomas O. S. (Stewart) Willis Coolidge Tift Wm. T. Bodenhamer Ty Ty Tift Leonard Morris Rt. 5, Tifton Toombs Hoyle R. Yandle Lyons Towns Doyle W. Nichols, Deceased Hiawassee Treutlen J. Wyman Fowler Soperton Troup Frank G. Birdsong LaGrange Troup C. O. Lam Hogansville Turner T. E. Kennedy, Jr. Ashburn Twiggs Jerre Chappell Miller, Jr. Jeffersonville Union Jack G. Tarpley Blairsville Upson Johnnie L. Caldwell Thomaston Upson Talmage B. Echols Thomaston Walker Albert Campbell LaFayette Walker William M. (Bill) Campbell Rossville Walton John Lee Phillips Monroe Ware Ben A. Hodges Waycross Ware Thomas A. Parker Waycross Warren Jack B. Ray Norwood Washington Harvey Roughton Sandersville Wayne Clarence C. Jones Jesup Webster J. Lucius Black Preston Wheeler Robert A. Hill Alamo White Franklin F. Truelove Cleveland Whitfield Virgil T. Smith Dalton Whitfield Homer E. Winkle Dalton Wilcox Cecil D. Crummy Rochelle Wilkes Wilbur A. Orr, Jr. Washington Wilkinson A. T. Land Allentown Worth David C. Jones Sylvester
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For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State or JOE N. BURTON Assistant to Secretary of State