Proclamations acts and resolutions extraordinary session of the General Assembly of the state of Georgia 1964 May 4, 1964 - June 25, 1964 [volume 3]

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. 19640000 English

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PROCLAMATIONS ACTS AND RESOLUTIONS EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 May 4, 1964 - June 25, 1964 19640000 Compiled and Published by Authority of the State

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PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

Compiler's Note To speed publication, the Acts and Resolutions of the extraordinary session, with the exception of the proposed amendments to the Constitution, 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 416. The proposed amendments to the Constitution were grouped together beginning at page 223 of Volume One. Local and Special Acts and Resolutions were grouped in one volume beginning on page 2001. There are no intervening pages between 416 and 2000. The index, beginning at page 2365, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index.

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PROCLAMATIONS ACTS AND RESOLUTIONS EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 May 4, 1964-June 25, 1964 SUPPLEMENTARY APPROPRIATIONS ACT. No. 1 (House Bill No. 1). An Act to provide supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other

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appropriations heretofore or hereafter made for the Legislative Branch of the Government; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are hereby appropriated as supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other appropriations heretofore or hereafter made for the Legislative Branch of the Government. Section 1. Legislative Branch. For all the purposes provided in Section 1 of the Act known as the General Appropriations Act approved April 2, 1963 (Ga. L. 1963, p. 224), which Section 1 provided appropriations for the Legislative Branch of the Government. 1963-64 $950,000.00 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. A PROCLAMATION BY HIS EXCELLENCY GOVERNOR CARL E. SANDERS OF THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION Whereas, by resolution approved April 9, 1963 (Ga. Laws 1963, p. 402), there was created the Constitution Revision Commission for the purpose of conducting a thorough study of the Constitution and related matters, and preparing a new constitution for the State of Georgia; and Whereas, said Commission has substantially completed its work and will publish its report and draft of a new constitution within a few weeks; and

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Whereas, the matter of constitutional revision is of such urgency and importance as to require an extraordinary session of the General Assembly to the end that such matters shall receive the most careful and deliberate consideration, uninterrupted by the necessary diversions encountered in a regular session; and Whereas, due to the complexity and breadth of many grave issues facing the 1964 regular session of the General Assembly, including education reform, prison reform, financing and congressional reapportionment, a number of other pressing legislative matters could not be reached during the regular session, such as election law reform and consideration of local legislation and local constitutional amendments; and Whereas, such unfinished business could conveniently be considered by one house of the General Assembly during the time that constitutional revision is pending in the other house; Now, therefore, upon consideration of the premises stated, and pursuant to and by virtue of power and authority vested in me by the Constitution of Georgia, Article V, Section 1, Paragraph XII, I, Carl E. Sanders, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of Georgia in extraordinary session at 11:00 a.m., Eastern Standrad Time, on the 4th day of May, 1964, for the purposes of (1) Receiving the report of the Constitution Revision Commission, and preparing, enacting, proposing and submitting a new constitution for the State of Georgia, either by way of amendment of the existing constitution or submission and approval of an entirely new constitution; (2) Considering and enacting a comprehensive revision, amendment, supercession and codification of all laws, resolutions and constitutional provisions governing elections, primaries, referendums, political parties and all other laws and constitutional provisions related thereto; (3) Consideration and enactment of local legislation; (4) Consideration and enactment of local, special and general constitutional amendments, including those proposed amendments to be submitted to the people at the general election in November,

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1964, either by way of revision, repeal, supercession, enactment, amendment or otherwise; and (5) Enactment of supplemental appropriations legislation necessary or desirable for the purpose of appropriating and making available funds required for the holding of such extraordinary session and other expenses connected with the operation of the legislative branch of government; all of which are found and concluded by me to be of sufficient importance to demand the necessity of such extraordinary session of the General Assembly. Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 13th day of March, in the year of Our Lord, one thousand nine hundred and sixty-four. /s/ Carl E. Sanders Governor By the Governor: /s/ Ben W. Fortson, Jr. Secretary of State. A PROCLAMATION BY HIS EXCELLENCY GOVERNOR CARL E. SANDERS OF THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION Whereas, on March 13, 1964, an Executive Proclamation was duly issued convening the General Assembly in extraordinary session on May 4, 1964, for the purpose of considering legislation relating to a new constitution for the State of Georgia; a comprehensive revision of election laws of this state; local legislation; a supplemental appropriations bill and for other purposes; and Whereas, subsequent thereto certain matters have been brought to my attention which are deemed by me to be of

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sufficient urgency and importance to be considered at the extraordinary session of the General Assembly convened as aforesaid; Now, therefore, pursuant to and by virtue of the power and authority vested in me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, Carl E. Sanders, Governor of Georgia, do hereby amend the Proclamation heretofore issued on March 13, 1964, by adding thereto, immediately following the next to the last paragraph, the following: Said extraordinary session is also called for the purpose of considering and enacting laws by amendment, revision, repeal or otherwise relating to the period of time for which revenue certificates may be issued by hospital authorities created pursuant to the laws of Georgia; the number of witnesses required to attest a will in this state; the creation, composition, reconstitution, rearrangement and renaming of judicial circuits and matters related thereto; and the addition of judges to existing circuits; all of which are found and concluded by me to be of sufficient importance to demand the necessity of consideration thereof at the extraordinary session previously called and convened. Given under my hand and Great Seal of the State of Georgia, at the City of Atlanta, on this 30th day of April, in the year of Our Lord, one thousand nine hundred and sixty-four. /s/ Carl E. Sanders Governor Attest: /s/ Ben W. Fortson, Jr. Secretary of State. Approved May 12, 1964. DOUGHERTY JUDICIAL CIRCUITCREATED. Code 24-2501 Amended. No. 2 (House Bill No. 2). An Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; to provide for a judge and a solicitor-general for said circuit; to provide for their election and compensation; to fix the terms of court in said circuit; to provide for the transfer of proceedings to said circuit; to amend section 24-2501 of the Code, as amended, relative to judicial circuits, so as to include a new circuit; to provide for offices, supplies, equipment, and personnel; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Effective January 1, 1965, there is hereby created a new judicial circuit of the Superior Courts of this State, to be known as the Dougherty Judicial Circuit, which circuit shall be composed of the County of Dougherty. The offices of Judge and Solicitor-General of the Superior Court of the Dougherty Judicial Circuit are hereby created. Although such circuit shall not come into existence until January 1, 1965, a judge and a solicitor-general for said circuit shall be elected at the general election in 1964, to take office for a term beginning January 1, 1965. Created. Section 2. The compensation and allowances of the judge of said circuit shall be as now or hereafter provided by law. The solicitor-general of said circuit shall be compensated on a salary basis, rather than a fee basis, and in addition to the compensation and allowances paid the solicitor-general of the superior courts by the State, the solicitor-general of said circuit shall be compensated in the amount of $12,000.00 per annum, which shall be paid in equal monthly installments from the funds of Dougherty County. All fees of whatever kind or nature which are now or may be hereafter allowed solicitors-general under the fee basis system to be received or collected as compensation for services by solicitors-general shall be paid into the general funds of the county treasury of Dougherty County. Salaries, etc. Section 3. The solicitor general of the Dougherty Judicial Circuit is hereby prohibited from engaging in the private practice of law. Solicitor general. Section 4. The terms of court of said circuit shall be as follows: the second Mondays in January, March, May, July, September and November. Terms. Section 5. The grand jury of said county shall convene as provided by law, and whenever in the opinion of the judge of said circuit it is expedient or necessary to have a grand jury, he may in his discretion draw, call, and empanel a grand jury for services at any term of court. Grand juries. Section 6. All proceedings and litigations, civil, equitable and criminal, pending in the Superior Court of Dougherty

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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 Dougherty Judicial Circuit and its jurisdiction, when said circuit comes into existence. Pending cases. Section 7. Section 24-2501 of the Code of Georgia, as amended, which section enumerates the judicial circuits of this State and the counties comprising each circuit, is hereby amended by striking the figure 39 in the first sentence, and inserting in lieu thereof the figure 40, and by striking the words Albany Circuit, composed of the counties of Baker, Calhoun, Decatur, Dougherty, Mitchell and Grady, and inserting in lieu thereof the words Albany Circuit, composed of the counties of Baker, Calhoun, Decatur, Mitchell and Grady, and by adding after the words Coweta Circuit, composed of the counties of Carroll, Coweta, Heard, Meriwether and Troup, the words Dougherty Circuit, composed of the County of Dougherty., so that section 24-2501, when so amended, shall read as follows: 24-2501. The entire State is divided in 40 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, Mitchell and Grady. Code 24-2501 amended. 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.

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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 and Gordon. Clayton Circuit, composed of Clayton County. Cobb Circuit, composed of the County of Cobb. Conasauga Circuit, composed of the Counties of Murray and Whitfield. 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. Dougherty Circuit, composed of the County of Dougherty. 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. Gwinnett Circuit, composed of the County of Gwinnett.

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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 Hall, Dawson, 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 Barrow, Jackson and Banks. Rome Circuit, composed of the County of Floyd. Southern Circuit, composed of the Counties of Brooks, Colquitt, Echols, Lowndes and Thomas. Southwestern Circuit, composed of the Counties of Lee, Macon, Schley, Stewart, Sumter and Webster.

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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 8. The board of commissioners of roads and revenues for the County of Dougherty shall provide and equip adequate and suitable office space for the judge and solicitor-general of said circuit, and shall pay for all office supplies necessary for the operation and maintenance of said offices; said commissioners shall further provide and pay for adequate clerical help, who shall serve both offices of judge and solicitor-general. The compensation of said clerical help to be fixed by said commissioners upon the recommendation of the judge of said circuit; said compensation shall be paid directly to said clerical help out of the general funds of said county. Office supplies, etc. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved May 22, 1964.

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COWETA JUDICIAL CIRCUITCOMPENSATION OF ASSISTANT SOLICITOR GENERAL. No. 3 (House Bill No. 18). An Act to amend an Act entitled An Act to provide for the appointment of an assistant solicitor general in the Coweta Judicial Circuit; to provide for his duties, compensation, authority, and term of office; to repeal conflicting laws; and for other purposes., approved March 10, 1964 (Ga. L. 1964, p. 361), so as to fix the salary of the assistant solicitor general; 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 appointment of an assistant solicitor general in the Coweta Judicial Circuit; to provide for his duties, compensation, authority, and term of office; to repeal conflicting laws; and for other purposes., approved March 10, 1964 (Ga. L. 1964, p. 361), is hereby amended by striking section 5 in its entirety, and substituting in lieu thereof a new section 5 to read as follows: Section 5. The assistant solicitor general shall receive as compensation for his services a salary of $400.00 per month to be paid by the governing authorities from the general funds of the counties as hereinafter provided: Carroll $87.50 Coweta 87.50 Heard 50.00 Meriwether 87.50 Troup 87.50 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved May 22, 1964.

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HOSPITAL AUTHORITIES LAW AMENDEDBONDS. No. 5 (Senate Bill No. 4). An Act to amend section 5 of the Act of the General Assembly known as the Hospital Authorities Law, Ga. Laws 1941, pp. 241-250, approved March 27, 1941, as heretofore amended and particularly as amended by Georgia Laws 1964, p. 78 et seq., approved February 17, 1964, so as to extend the period of time for which revenue certificates may be issued by Hospital Authorities from thirty (30) years from the date thereof to forty (40) years from the date thereof; to provide for severability; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That section 5 of the Act known as the Hospital Authorities Law, approved March 27, 1941, Ga. Laws 1941, pp. 241-250, as amended and particularly as amended by Georgia Laws 1964, p. 78 et seq., approved February 17, 1964, is hereby amended by deleting the words thirty years from section 5 of said Act wherever the same may appear and inserting in lieu thereof the words and figures forty (40) years. Bonds. Section 2. 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 remain of 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 hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability.

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Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved May 22, 1964. GEORGIA HEALTH CODE AMENDED. Code 88-1805, 88-1813 Amended. No. 6 (Senate Bill No. 5). An Act to amend section 1 of the Act of the General Assembly known as the Georgia Health Code, Act No. 936, House Bill 162, approved March 18, 1964, (Ga. L. 1964, p. 499), particularly the Chapter referred to therein as Hospital Authorities Law, so as to extend the period of time for which revenue certificates may be issued by hospital authorities from thirty (30) years from the date thereof to forty (40) years from the date thereof and to extend the period of time for which contracts may be entered into by and between cities and counties with hospital authorities from not exceeding thirty (30) years to not exceeding forty (40) years; to provide for severability; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 1 of the Act known as the Georgia Health Code Act No. 936, House Bill 162, approved March 18, 1964, (Ga. L. 1964, p. 499), particularly Chapter 88-18, referred to therein as the Hospital Authorities Law, is hereby amended by deleting therefrom the words and figures thirty (30) years from section 88-1805, entitled Functions and powers wherever the same may appear and inserting in lieu thereof the words and figures forty (40) years. Revenue certificate. Section 2. That section 1 of the Act known as the Georgia Health Code Act No. 936, House Bill 162, approved

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March 18, 1964, (Ga. L. 1964, p. 499), particularly the Chapter 88-18, referred to therein as the Hospital Authorities Law, is hereby amended by deleting therefrom the words and figures thirty (30) years from section 88-1813, entitled Contracts with political subdivisions wherever the same may appear and inserting in lieu thereof the words and figures forty (40) years. Contracts. Section 3. 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 remain of 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 hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved May 22, 1964. WILLS AND ADMINISTRATION OF ESTATESWITNESSES TO WILLS, ETC. Code 113-301, 113-409, 113-502 Amended. No. 7 (Senate Bill No. 3). An Act to provide for the number of witnesses required to attest wills and codicils, and matters relating thereto; to provide for the execution and probate of wills and codicils including nuncupative wills; to prescribe the efect of probate of wills; to validate wills heretofore executed; to amend Code section 113-301 of the Code of Georgia as amended, relating to the number of witnesses required to

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attest a will so as to provide that the number of competent witnesses required to attest a will shall be two or more; to provide that all wills and codicils executed since March 25, 1958, with two rather than three or more attesting witnesses are valid and admissible to probate; to provide that any will accepted for probate having only two attesting witnesses shall not be subject to attack by reason of having been attested by only two witnesses; to confirm all wills and codicils of persons dying after March 25, 1958, attested by two or more competent witnesses; to amend Code section 113-409 of the Code of Georgia so as to permit two or more competent witnesses to attest a codicil republishing a will; to provide that this Act shall apply to all wills and codicils executed since March 25, 1958, and all wills of persons dying after the effective date of this Act; to amend Code section 113-502 so as to provide a nuncupative will may be proved by two competent witnesses; to provide that probate in solemn form shall be conclusive even though the will is attested by only two witnesses; to provide that judgments of probate heretofore entered shall not be subject to attack on the ground that the will is attested by only two witnesses; to provide that there is no indication, express or implied, in said Act that more than two witnesses have been needed on wills and codicils of persons dying since March 25, 1958, and to provide that this Act involves remedial legislation and shall be liberally construed; to provide severability in the construction of sections, subsections, sentences, clauses or phrases of this Act; and to repeal all laws and parts of laws in conflict with this Act; 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

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presence and by his express direction, and shall be attested. and subscribed in the presence of the testator by two or more competent witnesses. 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 two, so that Code section 113-409, as so amended, shall read: 113-409. A codicil properly executed and annexed to a revoked 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. Codicils. 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. Nuncupative wills. Section 4. This Act shall apply to all wills and codicils of persons dying after the effective date of this Act, even though executed prior thereto. Intent. Section 5. This Act shall apply to all wills and codicils executed or republished after March 25, 1958, even though the testator may have died prior to the effective date of this Act. Effective dates. Section 6. (a) The probate in solemn form of wills and codicils executed or republished after March 25, 1958, shall

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be conclusive on all persons properly served even though such will or codicil appears on its face to have been attested by only two witnesses. Intent. (b) No judgment of probate in solemn form entered before the effective date of this Act shall be subject to attack or to be set aside on the ground that the will or codicil was not properly attested by more than two witnesses or on the ground that it appears on its face to have been attested by only two witnesses. Section 7. No will or codicil executed since March 25, 1958, when offered for probate, shall be subject to attack on the ground that it was attested by two witnesses only, but every such will shall be admitted to probate, if not excluded from probate on other grounds, as if such will had been attested by three or more competent witnesses. Same. Section 8. The probate, prior to the effective date of this Act, of any will to which this Act applies shall be as valid and effective for all purposes as if such probate had been after the effective date of this Act. Section 9. This Act shall not be construed as any indication, express or implied, that wills and codicils of persons dying after March 25, 1958, need, or ever have needed, more than two competent witnesses in order to be valid and admitted to probate; but this Act is passed as remedial legislation in the public interest to avoid any conceivable controversy, and as such shall be liberally construed. Section 10. Every section and subsection of this Act shall be treated as having been separately enacted, and no adjudication of invalidity or unconstitutionality of any section, subsection or portion of this Act shall affect the remainder of said Act, but the same shall continue of full force and effect as if the portion adjudged invalid or unconstitutional had not been originally a part of this Act. Severability. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved May 28, 1964.

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POLICE FAMILIES RELIEF FUND WEEK. No. 1 (House Resolution No. 41). A Resolution. Providing for a Police Families Relief Fund Week; and for other purposes. Whereas, the State of Georgia and the entire nation were shocked at the recent murder of three fine Gwinnett County policemen; and Whereas, the death of these three family heads have left the many members of their immediate families who were dependent upon said officers for their livelihood and support without a breadwinner; and Whereas, due to the generosity of many of the citizens of the State of Georgia, a Police Families Relief Fund has been established in order to, in some part, relieve the financial hardship which the death of these outstanding policemen has caused to their families; and Whereas, it is only befitting and proper that in some small way the citizens of this State demonstrate their appreciation for the sacrifice of the lives of these three peace officers, who meet their death in the line of duty protecting the public. Now, therefore, be it resolved by the General Assembly of Georgia that the Week of May 25, 1964, is hereby dedicated as Police Families Relief Fund Week, and all the citizens of the State of Georgia are hereby urged to demonstrate, by way of contribution to this Fund, their continued appreciation to all peace officers of the State whose lives are daily placed in jeopardy while protecting the public, and as a memorial to the late Marvin Jesse Gravitt, Jerry R. Everett, and Ralph K. Davis, who gave their lives in the line of duty. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to forward

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appropriate copies of this Resolution to the families of the above peace officers. Approved May 28, 1964. LOOKOUT MOUNTAIN JUDICIAL CIRCUITADDITIONAL JUDGE. No. 14 (Senate Bill No. 13). An Act to add one additional judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election of said judge and to fix the time at which he shall begin his term of office; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to provide for courtroom and chamber space; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Code Section 2-3801), one additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the judges of the superior courts for said circuit, effective January 1, 1965. Additional judge. Section 2. Be it further enacted by the authority aforesaid that said additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall be elected in the manner now provided by law for the election of judges of the superior courts of this State at the general

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election for members of the General Assembly to be held in 1964, for a term of four years, beginning on the first day of January, 1965, and ending on the last day of December 1968, and until his successor shall have been elected and qualified. All subsequent elections for such judge shall be for a term of four years and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Election, terms, etc. Section 3. Be it further enacted by the authority aforesaid that every person who offers for nomination and election as one of the judges of said superior courts for the Lookout Mountain Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Elections. Section 4. Be it further enacted by the authority aforesaid that said additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Duties. Section 5. Be it further enacted by the authority aforesaid that the qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia shall be the same as that of the other judge of the superior courts of the Lookout Mountain Judicial Circuit. No provisions

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heretofore enacted for supplement by the counties of said circuit shall be applicable to the additional judge provided for by this Act. Qualifications. Section 6. Be it further enacted by the authority aforesaid that all writs and processes in the superior courts of the Lookout Mountain Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Intent. Section 7. Be it further enacted by the authority aforesaid that said two judges of the superior courts for the Lookout Mountain Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of disagreement between said judges in respect hereof, the decision of the senior judge shall be controlling. The position of senior judge shall alternate between the two judges of the superior courts of the Lookout Mountain Judicial Circuit annually. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge, and he shall serve as such during the calendar year 1965. Thereafter, the position of senior judge shall change from the one judge to the other on the first day of January of each year beginning January 1, 1966. The senior judge in point of continuous service as a superior court judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Act of 1951, as amended, (Code Supp. Section 24-2403), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Lookout Mountain

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Judicial Circuit shall have, and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time within said circuit, or they may both or any one of them hear chambers business and motion business at the same time within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control. Distribution of work, etc. Section 8. The drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time. Jurors. Section 9. The two judges of the Lookout Mountain Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Court reporter. Section 10. The governing authority of the respective counties comprising the Lookout Mountain Judicial Circuit are hereby fully authorized and empowered to provide such suitable courtrooms, jury rooms and chambers for the two judges of the Lookout Mountain Judicial Circuit as may be necessary upon the recommendation of said judges. Courtrooms, etc.

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Section 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Lookout Mountain Judicial Circuit may bear teste in the name of any judge of said Lookout Mountain Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Writs, etc. Section 12. Be it further enacted by the authority aforesaid that the sections of this Act are separately enacted and it is the intention of the General Assembly that if any one or more sections of this Act should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining sections of this Act. Severability. Section 13. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved June 12, 1964. SUPPLEMENTARY APPROPRIATIONS ACT. No. 23 (House Bill No. 69). An Act to amend an Act providing supplementary appropriations for the fiscal year ending June 30, 1964, which was signed by the Governor on May 12, 1964, and which is Act No. 1 of the extraordinary session which convened on May 4, 1964, so as to provide additional supplementary appropriations for the Legislative Branch of the Government; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing supplementary appropriations for the fiscal year ending June 30, 1964, which was

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signed by the Governor on May 12, 1964, and which is Act No. 1 of the extraordinary session which convened on May 4, 1964, is hereby amended by striking from section 1 the figure $950,000.00, and inserting in lieu thereof the figure $1,400,000.00, so that when so amended section 1 shall read as follows: Section 1. Legislative Branch. For all the purposes provided in Section 1 of the Act known as the General Appropriations Act approved April 2, 1963 (Ga. L. 1963, p. 224), which section 1 provided appropriations for the Legislative Branch of the Government. 1963-64 $1,400,000.00 Section 2. All laws and parts of law in conflict with this Act are hereby repealed. Approved June 19, 1964. GEORGIA ELECTION CODE. Title 34 of Code Amended. Code 23-701, 40-601, 59-601 Amended. Code 26-2617 Repealed. No. 26 (Senate Bill No. 1). An Act to provide for the comprehensive regulation of federal, state and county elections, and of primaries to nominate candidates for federal, state and county offices, and to provide for the comprehensive regulation of any federal, state and county primary or election for any other purpose whatsoever; to create a State Election Board and to define its powers and duties concerning primaries and elections; to define the powers and duties of the Secretary of State concerning elections; to define the powers and duties of ordinaries concerning primaries and elections; to create the offices of poll officers and to define their powers and duties concerning primaries and

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elections; to provide for the registration of electors to vote in primaries and elections; to recreate the boards of registrars and to define their powers and duties concerning the registration of electors and the preparation of electors lists for use in primaries and elections; to provide for the voting of electors in primaries and elections; to provide for the creation and alteration of election districts; to provide for the establishment and equipping of polling places; to prescribe the times for holding certain primaries and elections and to provide for the holding of special elections to fill vacancies in certain public offices; to provide for the registration of political organizations with the Secretary of State; to prescribe the basic structure of political organizations and to empower them to adopt rules and regulations to govern their affairs; to define the powers and duties of certain committees and subcommittees of certain political organizations; to provide for the nomination of candidates to seek public office through the holding of primaries or by the filing of nomination petitions or by other means; to provide for the filing of notices of candidacy with certain public officers for the purpose of having candidates' names printed on the ballots and ballot labels to be used in elections; to provide for the qualification of candidates seeking nomination in a primary or public office in an election; to prescribe the form of nomination petitions; to prescribe the forms of ballots to be used in primaries and elections; to provide for the use of voting machines in primaries and elections and to prescribe the requirements governing such machines and their preparation; to provide for the use of vote recorders and tabulating machines in primaries and elections and to prescribe the requirements governing such devices and their preparation; to prescribe the method of preparing for and conducting primaries and elections; to establish the procedure for voting by absentee ballot in primaries and elections; to provide for the count and return of votes cast in primaries and elections; to prescribe the number of votes that a candidate must receive in order to obtain party nomination in a primary or to be elected to public office in an election; to prescribe the procedure for contesting the results of

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primaries and elections; to prescribe the penalties for violations of this Act; to prohibit the sale of intoxicating beverages on primary or election days; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following provisions shall constitute the Georgia Election Code, and shall be Title 34 of the Code of Georgia and shall be inserted between Titles 33 and 35 of the Code of Georgia. Title 34. Georgia Election Code. Chapter 34-1. Preliminary Provisions. Section 34-101. Short title. This Act shall be known, and may be cited, as the Georgia Election Code. Section 34-102. Application of Code. This Code shall apply to any general or special election in this State to fill any federal, state or county office, and to any general or special primary to nominate candidates for any such office, and to any federal, state or county election or primary for any other purpose whatsoever; provided however it shall not apply to any municipal primary or election. Section 34-103. Definitions. The following words, when used in this Code, shall have the following meanings, unless otherwise clearly apparent from the context: (a) The word ballot shall mean an official ballot; (b) The words ballot card shall mean the tabulating or punch card upon which an elector records his vote by the use of a vote recorder; (c) The words ballot labels shall mean the cards, paper or other material placed on the front of a voting machine or vote recorder containing the names of offices and candidates and statements of questions to be voted on; (d) The word custodian shall mean the person charged with the duty of testing and preparing the voting machine

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or vote recorder for the primary or election and instructing the poll officers in the use of same; (e) The word election shall mean any general or special election and shall not include a primary; (f) The words election district shall mean a district, established in accordance with the provisions of this Code, within which all electors vote at one polling place; (g) The word elector shall mean any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this State and shall have registered in accordance with the provisions of this Code; (h) The words general election shall mean an election recurring at stated intervals fixed by law; and the words general primary shall mean a primary recurring at stated intervals fixed by law; (i) The word independent shall mean a person unaffiliated with any political party or body; (j) The word managers shall mean the chief manager and the assistant managers required to conduct primaries and elections in any election district in accordance with the provisions of this Code; (k) The word municipality shall mean an incorporated municipality; (l) The word nomination shall mean the selection, in accordance with the provisions of this Code, of a candidate for a public office authorized to be voted for at an election; (m) The words November election shall mean the general election held on the Tuesday next following the first Monday in November in each even numbered year; (n) The words numbered list of voters shall mean one or more sheets of uniform size containing consecutively numbered blank spaces for the insertion of voters' names

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at the time of and in the order of receiving their ballots or number slips governing admissions to the voting machines; (o) The word oath shall include affirmation and the word swear shall include affirm; (p) The words official ballot shall be deemed to include the list of offices and candidates, and the statements of questions on the voting machine or vote recorder; (q) The words paper ballot shall not include a ballot card; (r) The words party nomination shall mean the selection by a political party, in accordance with the provisions of this Code, of a candidate for a public office authorized to be voted for at an election; (s) The words political body or body shall mean any political organization other than a political party; (t) The words political organization shall mean an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office; except that the words political organization shall not include a subversive organization as defined in the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. L., 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. L., 1953, Nov.-Dec. Sess., p. 73), or as the said Act may hereafter be amended; (u) The words political party or party shall mean any political organization which at the preceding (i) gubernatorial election nominated a candidate for Governor, and whose candidate for Governor at such election polled at least twenty per cent of the total vote cast in the State for Governor, or (ii) presidential election nominated a candidate for President of the United States, and whose candidates for presidential electors at such election polled at

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least twenty per cent of the total vote cast in the Nation for that office; (v) The words poll officers shall mean the chief manager, assistant managers and clerks required to conduct primaries and elections in any election district in accordance with the provisions of this Code; (w) The words polling place shall mean the room provided in each election district for voting at a primary or election; (x) The word primary shall mean any election held for the purpose of electing party officers or nominating candidates for public offices to be voted for at an election; (y) The words public office shall include every federal, state and county office to which persons can be elected by a vote of the electors under the laws of this State; (z) The word question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election; (aa) The word residence shall mean domicile; (ab) The words special election shall mean an election that arises from some exigency or special need outside the usual routine; and the words special primary shall mean a primary that arises from some exigency or special need outside the usual routine; (ac) The word superintendent shall mean (i) the county executive committee of the political party holding the primary within a county (or its agent) in the case of a primary, and (ii) the ordinary of a county in the case of an election; (ad) The words tabulating machine shall mean any data processing machine used in counting ballot cards and tabulating votes thereon;

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(ae) The words vote recorder shall mean a device into which a ballot card may be inserted so that an elector may record his vote for any candidate and for or against any question by punching or marking the ballot card; (af) The words voting machine shall not include a vote recorder or tabulating machine; and (ag) The words write-in ballot shall mean the paper or other material on which a vote is cast for persons whose names do not appear on the ballot labels. Section 34-104. Construction. The provisions of this Code, so far as they are the same as those of existing laws, are intended as a continuation of such laws, and not as new enactments. The repeal by this Code of any act of the General Assembly, or part thereof, shall not revive any act, or part thereof, heretofore repealed or superseded. The provisions of this Code shall not affect any act done, liability or penalty incurred, right accrued or vested, or nomination made prior to the taking effect of this Code, nor shall they affect any suit or prosecution then pending or to be instituted to enforce any right or penalty then accrued or to punish any offense theretofore committed. Section 34-105. Computation of time in certain cases. When a number of days is prescribed in this Code as a deadline for the exercise of any privilege or the discharge of any duty and such number of days is modified by the words at least, then the full number of such days shall intervene between the last day on which such privilege may be exercised or duty discharged and the subsequent event; and if the last day shall fall on a Sunday or a legal holiday, then the next preceding business day shall be considered as the last day for the exercise of such privilege or the discharge of such duty. Section 34-106. Subversive person not to be nominated or elected. No person shall be nominated or elected in accordance with the provisions of this Code who has been adjudged a subversive person as defined in the Sedition and Subversive Activities Act of 1953, approved February

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25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 73), or as the said Act may hereafter be amended. Section 34-107. Person convicted of certain crimes not to be eligible for nomination or election to public office or serve as primary or election official. No person shall be eligible for party nomination for or election to public office or shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as an ordinary, registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. In the event of disqualification of the ordinary, as above set forth, the Clerk of the Superior Court shall act in his stead. Chapter 34-2. State Election Board. Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings. (a) There is hereby created a State Board to be known as the State Election Board to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly. The members to be elected by the respective Houses of the General Assembly shall serve a term of two years, said term to be concurrent with the terms of the members of the House of Representatives, and shall serve until their successors are duly elected and qualified. The elected members of the Board shall be subject to being removed at any time during their term by a majority vote of the House by which they were elected. No person while a member of the General Assembly shall serve as a member of the Board. If this Board should become effective at a time when the

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General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the House. In the event a vacancy should occur or exist in the office of an elected or appointed member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the Senate or appointed by the President of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the House of Representatives or appointed by the Speaker of the House of Representatives. Any member appointed to fill any unexpired term shall serve until the next session of the General Assembly after his appointment, at which time new members shall be elected as hereinbefore provided. The Secretary of State shall be the Chairman of the Board. Two members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of qualified members to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own government and procedure. (b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exercise of its powers or in the performance of its

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duties under this Code. An adviser shall receive no compensation from public funds. (c) Meetings shall be held whenever necessary for the performance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board. Section 34-202. Duties of the Board. It shall be the duty of the State Election Board: (a) To so coordinate the work of the Secretary of State, the ordinaries, the poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and honesty in all elections. (b) To formulate, adopt and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary, provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated. (c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regulations adopted by the Board. (d) To investigate when necessary or advisable the administration of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitor-general for further investigation and prosecution. The findings of such an investigation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as

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provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein. (e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and (f) To employ such assistants as may be necessary. Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board. (a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith including the right to seek such relief for any anticipatory breach. (b) Any petition seeking any of the relief authorized in subsection (a) above shall be filed in the superior court of the residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct, and all proceedings shall be heard and presided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such judge or in the event of the refusal of such judge to act, by that judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order. (c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of

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such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Election Board. (d) Upon any action being filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tabulation or certification of any election or primary, except those instituted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the Chairman thereof by mailing a copy to the Chairman by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney. (e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of exceptions as provided by law. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases. Section 34-204. Evidence hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of witnesses. The Board, in investigating the administration of primary and election laws within a county or any frauds or irregularities in primaries and elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition

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in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. Section 34-205. Compensation of Members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall receive his necessary traveling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the Chairman of the Board shall receive no per diem. Chapter 34-3. Secretary of State. Section 34-301. Powers and duties of Secretary of State. The Secretary of State shall exercise all the powers granted to him by this Code, and shall perform all the duties imposed upon him by this Code, which shall include the following: (a) To determine the forms of nomination petitions, ballots and other forms he is required to determine under the provisions of this Code; (b) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing in accordance with the provisions of this Code and to settle any disputes concerning such statements;

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(c) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him in accordance with the provisions of this Code; (d) To certify to the proper ordinaries official lists of all of the candidates who have filed notice of their candidacy with him in substantially the form of the ballots to be used in the election, and shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election; (e) To furnish to the proper ordinaries all blank forms, including tally and return sheets, for use in all elections, and such forms shall have printed thereon appropriate instructions for their use; (f) To receive from the ordinaries the returns of elections, to canvass and compute the votes cast for candidates and upon questions as required by the provisions of this Code; (g) To furnish upon request a certified copy of any document in his custody by virtue of the provisions of this Code and to fix and charge a fee to cover the cost of furnishing same; and (h) To perform such other duties as may be prescribed by law. Section 34-302. Records to be open for public inspection. Except when otherwise provided by law, the election records of the Secretary of State, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports and other documents in his custody, shall be open to public inspection and may be inspected and copied by any elector of the State during usual business hours at any time when they are not necessarily being used by the Secretary of State, or his employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall

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only be in the presence of the Secretary of State, or his employee, and shall be subject to proper regulation for the safekeeping of such documents, and subject to the further provisions of this Code. Section 34-303. Preservation of records. All election documents in the office of the Secretary of State shall be preserved therein for a period of one year and then the same may be destroyed unless otherwise provided by law. Chapter 34-4. Ordinaries. Section 34-401. Powers and duties of ordinaries. Each ordinary, within his county, shall exercise all the powers granted to him by this Code, and shall perform all the duties imposed upon him by this Code, which shall include the following: (a) To receive and act upon all petitions presented by electors, the board of registrars, or the county executive committee of a political party for the division, redivision, alteration, change or consolidation of election districts; (b) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him in accordance with the provisions of this Code; (c) To prepare and publish, in the manner provided by this Code, all notices and advertisements in connection with the conduct of elections, which may be required by law; (d) To select and equip polling places for use in primaries and elections in accordance with the provisions of this Code; (e) To purchase, except voting machines and voting recorders, preserve, store and maintain election equipment of all kinds, including voting booths and ballot boxes, and to procure ballots and all other supplies for elections; (f) To appoint poll officers and other officers to serve in elections in accordance with the provisions of this Code;

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(g) To make and issue such rules, regulations and instructions, consistent with law (including the rules and regulations promulgated by the State Election Board), as he may deem necessary for the guidance of poll officers, custodians and electors in elections; (h) To instruct poll officers and others in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of elections in the several election districts of his county to the end that elections may be honestly, efficiently and uniformly conducted; (i) To receive from poll officers the returns of all elections, to canvass and compute the same, and to certify as soon as practicable following the election the results thereof to such authorities as may be prescribed by law; (j) To publicly announce by posting in his office the results of all elections held in his county; (k) To prepare annually a budget estimate of his expenses under this Code in which shall be set forth an itemized list of expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and to submit the same at the time and in the manner and form other budget estimates of his county are now or may hereafter be required to be filed and (l) To perform such other duties as may be prescribed by law. Section 34-402. Expenses of ordinaries and of elections to be paid by counties. The governing authority of each county shall appropriate annually, and from time to time, to the ordinary of such county, the funds that it shall deem necessary for the conduct of elections in such county and for the performance of his other duties under this Code, including the payment: of the compensation of the poll officers, custodians and other assistants and employees

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herein provided for; for the purchase or printing; under contracts made by the ordinary, of all ballots and other election supplies required by this Code, or which the ordinary shall consider necessary to carry out the provisions of this Code; for the maintenance of voting machines, vote recorders and of all other election equipment required by this Code, or which the ordinary shall consider necessary to carry out the provisions of this Code; and for all other expenses arising out of the performance of his duties under this Code. Section 34-403. Records to be open to public inspection. Except when otherwise provided by law, the election records of each ordinary, including nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports and other documents in his custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county during usual business hours at any time when they are not necessarily being used by the ordinary, or his employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the ordinary, or his employee, and shall be subject to proper regulation for the safekeeping of such documents, and subject to the further provisions of this Code. Section 34-404. Preservation of records. All election documents in the office of the ordinary of each county shall be preserved therein for a period of one year and then the same may be destroyed unless otherwise provided by law. Chapter 34-5. Poll Officers. Section 34-501. Managers. All primaries and elections shall be conducted in each election district by a board consisting of a chief manager, who shall be the chairman of such board, and two assistant managers, assisted by clerks as hereinafter provided. The managers of each election district shall be appointed by the superintendent for each primary and election. The superintendent shall make each

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appointment by entering an order which shall remain of record in his office, and shall forthwith transmit a certified copy of such order to the appointee. The order shall include the name and address of the appointee, his title, and a designation of the election district and primary or election in which he is to serve. Section 34-502. Clerks. Prior to the opening of the polls in each district at each primary and election, the superintendent shall appoint a sufficient number of clerks to serve therein at such primary or election. Section 34-503. Qualifications of poll officers. Poll officers shall be judicious, intelligent and upright electors of the county in which they are appointed and shall be able to read, write and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election at which he shall serve. A poll officer may serve in a primary in which he seeks election to party office unless prohibited by the rules of the party conducting the primary. Section 34-504. Poll officers to be sworn. All managers and clerks shall, before entering upon their duties at any primary or election, be duly sworn in the presence of each other. The chief manager shall first be sworn by an assistant manager and the assistant managers and clerks shall then be sworn by the chief manager. Each of them shall forthwith sign in duplicate the oath taken by him upon forms to be furnished by the superintendent, and the same shall be attested by the officer who administered the oath. Section 34-505. Oath of managers. The following shall be the form of the oath to be taken by each manager: I,....., do swear (or affirm) that I will as manager duly attend the ensuing election (or primary) during the continuance thereof, that I will not admit any person to vote, except such as I shall firmly believe to be registered and entitled to vote at such election (or primary), according to the laws of this State, that I

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will not vexatiously delay or refuse to permit any person to vote whom I shall believe to be entitled to vote as aforesaid, that I will use my best endeavors to prevent any fraud, deceit or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially and faithfully perform my duties therein to the best of my judgment and ability. Section 34-506. Oath of clerks. The following shall be the form of the oath to be taken by each clerk; I,....., do swear (or affirm) that I will as a clerk attend the ensuing election (or primary) during the continuance thereof, that I will use my best endeavors to prevent any fraud, deceit or abuse in carrying on the same, and that I will at all times truly, impartially and faithfully perform my duties therein to the best of my judgment and ability. Section 34-507. Power of managers to administer oaths. Each of the managers shall have the power to administer oaths to any person claiming the right to vote or in any matter or thing required to be done or inquired into by them under this Code. Section 34-508. Compensation of poll officers. The compensation of managers and clerks shall be fixed and paid by the superintendent. Section 34-509. Instruction of poll officers in voting machine and vote recorder districts; unqualified officers not to serve. In districts in which voting machines or vote recorders are to be used, the superintendent, or the custodians appointed by him, shall instruct in the use of the voting machines or vote recorders, and in their duties in connection therewith, all poll officers who are to serve at the primary or election, and who have not been previously instructed and found qualified. The superintendent shall give to each poll officer, who has received such instruction and is found qualified to conduct such primary or election with the voting machine or vote recorder, a certificate to

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that effect. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his instruction and receive such instructions as shall be necessary for the proper conduct of the primary or election with voting machines or vote recorders. No poll officer shall serve at any primary or election at which a voting machine or vote recorder is used, unless he shall have received such instructions, shall have been found qualified to perform his duties in connection with the machine or recorder, and shall have received a certificate to that effect from the superintendent; provided, however, that this shall not prevent the appointment of a poll officer to fill a vacancy arising on the day of primary or election or on the preceding day. Section 34-510. Identification badges for poll officers. Each poll officer, while in the performance of his duty, shall display conspicously upon his person a badge showing his name and office, and such badge shall be supplied by the superintendent. Chapter 34-6. Registration of Electors. Section 34-601. Definition. The words registration officers, when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, one or more registrars or one or more deputy registrars or any combination thereof, as may be determined by the chief registrar. Section 34-602. Elector's qualifications; applicants acquiring age and residence qualifications within six months permitted to register; electors not required to reregister. No person shall vote in any primary or election held in this State unless he shall be: (a) registered as an elector in the manner prescribed by law; (b) a citizen of this State and of the United States; (c) at least eighteen years of age; (d) a resident of this State at least one year next preceding the date of such primary or election, and of the county in which he seeks to vote at least six months next preceding the date of such primary or election; and (e)

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possessed of all other qualifications prescribed by law. Any person who possesses the qualifications of an elector except those concerning age or residence or both, shall be permitted to register to vote if such person will acquire such qualifications within six months after the day of registration, provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of such qualifications. Notwithstanding any other provision of this Chapter, any person who was qualified and registered to vote at the time of the adoption of this Code shall not be required to reregister under the terms of this Chapter unless such person shall have become or becomes disqualified to vote, by reason of having been purged from the list of electors 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 Chapter. Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appointment in counties of over 500,000 in population. (a) 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 such county, three judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom and 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 thirty days after the appointments and 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

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are appointed and qualified, except in the event of resignation or removal as hereinafter provided. Such judge shall have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided. (b) The terms of registrars serving under the provisions of the Voters' Registration Act of 1958 (Ga. L. 1958, p. 269), as amended, shall continue until and expire on June 30, 1965. The first appointees under this Chapter shall take office on July 1, 1965, 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 1965, and each four years thereafter, shall submit to the judge the list of names as provided herein. Such list shall be submitted to the judge who 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, or if convened, failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise

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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 the chairman. The chief registrar shall be compensated in an amount of not less than ten dollars 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 eight dollars 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 seventy-five dollars per month and the other registrars in an amount not less than fifty dollars 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 Chapter 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. (d) Any other provision of this Section to the contrary notwithstanding, in any county of this State having a population of more than 500,000 according to the United States Decennial Census of 1960 or any such future census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar, who shall serve as such during his term of office. Such designation shall likewise be entered on the minutes of the governing authority. It shall be the duty of the governing authority to certify the appointments and designation to the Secretary of State within thirty days after such appointments and designation. In certifying such names to the Secretary of State, the governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority

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of the county. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of such removal or resignation of any registrar, his duties and authority as such shall terminate instanter. Successors shall be appointed by the governing authority. Each appointment or change in designation shall be entered on the minutes of the governing authority and certified as herein provided. The first appointments in any such county under the provisions of this Chapter shall be made in the year 1965 and the persons appointed shall assume office July 1, 1965. The persons presently serving as registrars in any such county shall continue to serve through June 30, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registars. Section 34-604. Deputy registrars. 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 Chapter. The 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 board of registrars may issue a written order releasing the tax commissioner or tax collector from the obligations imposed by this Chapter. The registrars may appoint additional deputies and hire clerical help to aid them in the discharge of their duties if the compensation required therefor has been first approved by the governing authority of the county. Section 34-605. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar or deputy registrar or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or

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tax collector. No person shall be eligible to serve as chief registrar unless such person owns an interest in real property located within the county or unless such person is the spouse of such a property owner. Section 34-606. Oath of registration officers. Before entering upon his duties, each registrar and deputy registrar 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 (deputy) registrar. Section 34-607. Registration officers privileged from arrest. Registration officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny or breach of the peace. Section 34-608. Registration cards; supply; use. 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. Section 34-609. Form of registration cards. (a) The registration cards, for use by persons other than absentee applicants, 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 CARD

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(b) The registration cards for use by applicants for absentee registration shall be in substantially the same form as the above form of registration card, except that the affidavit and Questions Propounded to Applicant portions shall be eliminated and in lieu thereof the following form of affidavit shall be used:

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(c) The board of registrars may require that registration cards be executed in duplicate. Section 34-610. Keeping of registration cards and other papers; voter registration places. In those counties where the registrars have an office separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the tax collector or the tax commissioner. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The chief registrar, in addition to the main office, may designate other fixed places in the county to be used for the purpose of receiving applications for registration and for the registration of electors. If any county having a population of more than 100,000, according to the United States Decennial Census of 1960 or any such future census, the chief registrar in each even-numbered year shall designate and staff, on a full or part time basis, additional voter registration places within the county at least six months prior to the voter registration deadline for the November election in that year. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars. Section 34-611. Applications for registration; fifty day registration deadline for November election. The registrars shall, in each year in which there is a November election, cease their operations of taking applications from persons desiring to vote in such election at the close of their business on the fiftieth day prior to such election. During the period while the November election list is being prepared, they may suspend the operation of taking applications from those desiring to vote in subsequent primaries

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and elections, provided the main office shall be kept open at least one day and the same day in each week during this period for receiving applications. The registrars may also suspend the operation of taking applications on any day in which a primary or election is held. Section 34-612. Applications for registration; furnishing of information; administration and attestation of oath required of applicant. Any person desiring to register as an elector shall apply to a registrar or a deputy and shall furnish such officer with information which will enable him to fill in all of the blanks appearing on the registration card. On completion of the form the officer shall administer the oath to the applicant and then have him sign it, and the officer shall then attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant, and if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto. Section 34-613. Referral of cards to registrars; rejection of applications; notification to and examination of applicants; alternative method of registration. (a) All registration cards shall be referred to the registrars and examined by them within ten 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 State 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 five 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. (b) Notwithstanding any other provision of this Chapter, if additional places for registration have been designated, the chief registrar shall designate one or more registrars

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or one or more deputies, or any combination thereof, to act as a board of registrars for the purpose of taking applications for registration, examining applicants and registering persons to vote at each place of registration. Applicants who are qualified shall be registered to vote at the time of application. While so acting, such registrar or registrars, or deputy or deputies, or combination thereof, shall have all the rights and powers and shall be subject to all the limitations that are applicable to the board of registrars. Section 34-614. Failure of applicant to give information or giving of false information. The failure on the part of the applicant to disclose information sought by a direct question of the registration officers in connection with the taking of the application or at subsequent proceedings, or the giving of false information, shall result in the application being rejected by the registration officers, and shall also be a cause for challenge, which, if sustained, shall result in the elector's name being removed from the list. Section 34-615. Appeals from decisions denying or allowing registrations. Any person to whom the right of registration is denied by the registration officers shall have the right to take an appeal to the superior court of the county, and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the board of registrars within ten days from the date of the decision complained of, and shall be returned by the board of registrars to the office of the clerk of such court to be tried as other appeals. Pending an appeal and until the final judgment of the case, the decision of the registration officers shall remain in full force. Section 34-616. Storage and destruction of records of rejected applicants. In the event an applicant is refused registration by the registration officers, the application of such person and other material and records relative thereto shall be placed on file with the other records of the board of registrars for at least two years from the date of refusal.

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Section 34-617. Text of qualifications to be applied by registration officers. When an applicant appears before the registration officers for examination, they shall proceed as hereinafter provided. (a) If the applicant applies for registration and seeks to qualify on the basis of literacy, the registration officers shall submit to him a paragraph of the Constitution of the State 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 paragraph 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 an elector. Otherwise, the registration card shall be marked rejected. If the applicant states that solely because of physical disability, he is unable to read or write, the paragraph shall be read to him by a registration officer and he shall be called upon to give a reasonable interpretation thereof. The interpretation shall give to the words the significance ordinarily attached to them by a layman of average intellect and attainments. If, in the opinion of the registration officers, 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 an elector. Otherwise, the registration card shall be marked rejected. (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 Code where the applicant or the elector, as the case may be, is required to be served with a notice of a hearing, such notice, unless otherwise provided herein, shall specify a date not less than three nor more than thirty days after the date of the

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notice. The notice may be served by mailing it to the applicant or the elector at the address given on his registration card. In the alternative, the registration officers may proceed to the examination of the applicant instanter and without notice. (d) Failure to appear at the time specified in any notice given under the provisions of this Chapter shall constitute cause for rejecting an application or of removing an elector'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 next calendar year, provided, however, an application may be reinstated and an elector's name returned to the list if such person can satisfactorily account for his failure to appear at the time specified in such notice. (e) In all cases under this Section and under this Chapter where an application is rejected or an elector's name is removed from the list, the registrars on the day of such event shall notify such person by mail directed 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 34-618. Oral examination of applicants on standard questions. The examination which the registration officers 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 the following list of standard questions, and the questions on this list and no others shall be submitted to such applicant: 1. Who is the President of the United States? 2. Who is the Vice President of the United States? 3. Who are the two United States Senators from Georgia? 4. Who is the Governor of Georgia?

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5. Who are the members of the General Assembly who represent you? 6. Who is the Congressman from your Congressional District? 7. What are the names of the persons who occupy the following offices in your county? (1) Clerk of the Superior Court (2) Ordinary (3) Sheriff (4) County School Superintendent 8. What are the names of the three branches of the United States government? 9. If the Governor of Georgia dies, who exercises the executive power, and if both the Governor and the person who succeed him die, who exercises the executive power? 10. Name five constitutional offices of the State of Georgia and give the names of persons now holding such offices? 11. How many Congressional Districts in Georgia are there and in which one do you live? 12. On what day and how often is the general election held in Georgia at which members of the General Assembly of Georgia are elected? 13. How are the members of the Board of Education selected in your county? 14. What officer of the county is in charge of general elections? 15. In what county office does a person return his property for State and county taxes?

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16. How many Representatives and how many Senators are there in the General Assembly of Georgia? 17. Give the title of the presiding officer of the House of Representatives and the title of the presiding officer of the Senate in the Georgia General Assembly? 18. What are the terms of office for Senators and Representatives in the United States Congress? 19. Name the Judicial Circuit in which you reside and name the Solicitor General? 20. Name the Chief Justice of the Supreme Court of Georgia and the Chief Justice of the United States Supreme Court? If the applicant can give correct answers to fifteen of the twenty questions 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 an elector; otherwise the applicant is rejected. Section 34-619. Absentee registration. (a) Notwithstanding any other provision of this Chapter, a resident of the State of Georgia who is temporarily residing outside of the State and who is: (i) a member of the armed forces of the United States while in active service; (ii) a member of the merchant marine of the United States; (iii) a civilian employee of the United States; (iv) a member of a religious group or welfare agency assisting members of the armed forces of the United States, who is officially attached to and serving with such armed forces; or (v) the spouse or dependent of a person described in categories (i), (ii), (iii), or (iv) above; may register to vote by complying with the provisions of this section, and such person shall be herein referred to as an absentee applicant. (b) Any absentee applicant or, upon satisfactory proof of relationship, his mother, father, sister, brother, spouse,

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or daughter or son of the age of eighteen or over, may at any time apply to the board of registrars of the county of such applicant's residence for a registration card to be mailed to such applicant. The application shall be in writing and shall contain the name and residence address of the absentee applicant, and the address he desires to have the card mailed to, and such other information as the board of registrars may require. When appropriate, the rank, branch of service and serial number of the applicant shall be included in the application. (c) The board of registrars, upon receipt of such application, shall enter thereon the date it is received and, upon finding such absentee applicant to be unregistered, shall immediately mail to him a blank registration card accompanied by a properly addressed envelope. The board shall employ air mail in cases where it will facilitate voting by such applicant. (d) Upon the return of such registration card, properly completed and executed by the absentee applicant, the board of registrars shall place the name of such elector upon the electors list and such registration shall have the same effect as a registration consummated under other provisions of this Chapter. The date a registration card is mailed or delivered to an applicant and the date it is returned shall be entered on the application therefor. (e) Any person within one of the five categories described in subsection (a) above may apply for a registration card or an absentee ballot by the use of a standard form furnished by the Federal Government which contains the information required by this Code. An envelope containing a registration card or absentee ballot for transmission to such person may be prepared in such a manner as to take advantage of the free mail delivery furnished by the Federal Government. Section 34-620. Permanency of registration; biennial revision of records; reregistration. (a) The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person

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shall remain a qualified voter who does not vote in at least one general primary or general election, as provided in this Section, within a three-year period unless he shall specifically request continuation of his registration in the manner hereinafter provided. (b) Within sixty days after the first day of January, beginning in the year 1965, 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 primary or general election within the three years immediately preceding such first day of January. On or before March 1st of such year they shall mail notice by first class mail to each elector, at his last known address, stating 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 three years, unless before April 1st of the current year you continue your registration by applying in writing to the board of registrars. Effective April 1, 1965, 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 electors prior to May 1st of that year. (c) Any elector whose registration has been thus cancelled may reregister in the manner provided for original registration in this law. No person shall remain an elector longer than he shall retain the qualifications under which he is registered. Section 34-621. Filing of disqualification lists with registrars. The clerk of the superior court of each county shall, on or before the 10th day of each month, prepare and file with the registrars a complete list, alphabetically arranged, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suffrage restored to him. The ordinary

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of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity during the preceding month. The local registrar of vital statistics of each county shall, by such date, file a similar list of those persons who have died during the preceding month. Each such list shall contain such other information as may be necessary to individually identify persons having the same or similar names. Section 34-622. Preparation of electors list. The registrars, not later than the voter registration deadline for the November election in each even-numbered year, shall begin the work of perfecting a true and correct list of the electors of their county for use in such election. They shall place on such 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 such list, they shall examine the lists of disqualified persons furnished them and if any applicant's or elector's name is found thereon, they shall not place his name on the electors 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. They shall also indicate on such list the names of those electors who are eligible to receive assistance in voting and who have notified the registrars of such eligibility. The registrars shall proceed with their work of perfecting such list of electors and shall complete the same as soon as practicable but in no event later than five days prior to the November election. Section 34-623. Filing of certified lists with superior court clerk and Secretary of State; obtaining lists from Secretary of State and board of registrars; arrangement of names; appearance of name on list as prerequisite to voting. Within three days after completing such list of electors, the registrars shall file with the clerk of the superior court of their county and the Secretary of State a certified copy of such list. When requested, it shall be the duty of the Secretary of State or of the board of registrars, as the case may be, to furnish a certified copy of such list, or any part

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thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to one cent for the name of each elector appearing thereon. The list shall be alphabetically arranged by election districts and it shall be the list of electors for the November election to be held in such year. No person whose name does not appear on such list shall vote or be allowed to vote at such November election, except as hereinafter provided. Section 34-624. Right of electors named on list to vote; purging lists; consolidation of lists. Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election. It shall be the duty of the registrars to consolidate such list and any such supplemental list for any such primary or election and to make certain that no person is listed more than once. Section 34-625. Registration of persons to vote in general primaries and general elections other than November elections. If any person whose name is not on such registration list desires to vote at any general primary or election other than a November election, he shall at least fifty days prior to the primary or election at which he desires to vote, apply to be registered as an elector, and his application shall be processed in the same manner as the applications of persons qualifying to vote in a November election. The registrars shall, at least fifty days prior to such primary or election, other than the November election, cease taking applications to qualify persons to vote in such primary or election and shall, as soon as practicable thereafter but in no event later than five days prior to such primary or election pass upon such qualifications in the same manner

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as in other cases and file with the clerk of the superior court and the Secretary of State a certified supplemental list showing the names of additional electors who are entitled to vote at such primary or election subsequent to the preceding November election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Section 34-624. The registrars shall purge such list before filing it of the names of all persons who will not be qualified to vote at such primary or election. All electors on such list shall have the same rights as to primaries and elections held subsequent to such primary or election as persons on the list for the preceding November election. Section 34-626. Registration of persons to vote in special primaries and elections. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day (if a Sunday or a legal holiday, then on the next following business day) after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein, and proceed to examine into the qualifications of the applicants in the same manner as herein provided with reference to applicants desiring to qualify to vote in November elections. The registrars shall then prepare a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Section 34-624, but the registrars shall purge such 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 a November election. A certified list so prepared and arranged alphabetically and divided according to election districts as in the case of November election lists, shall be filed with the clerk of the superior

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court and the Secretary of State within ten days after the call of such special primary or election. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November election, and the other made up of the names of those entitled to vote by reason of their subsequent registration as hereinbefore provided, subject to the limitations prescribed in the proviso contained in the first sentence of Section 34-624, and no one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists. No provision of this Section is intended to conflict with the provisions of the State Constitution prohibiting the special registration of electors to vote in a special election to pass upon the issuance of bonds. Section 34-627. Right of registrars to re-examine qualifications of electors listed; subpoenaing of documents and witnesses; service of summonses; notices and subpoenas; notice of hearing to elector whose right to remain on list is questioned. (a) The board of registrars of each county 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 electors, and shall not be limited or estopped by any action previously taken. (b) For the purpose of determining the qualification or disqualification of applicants and electors, the registrars may, upon at least five days' notice, require the production of books, papers and other material, and 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 the registrars shall control. (c) The sheriff, his deputy, or any lawful constable of such county shall serve all summonses, notices and subpoenas,

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as issued by such 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. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the registrars to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witnes to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. (d) If the right of any person to remain on the list of electors, whose name appears thereon, is questioned by the registrars, they shall give such person written notice of the time and place of a hearing to determine such right which shall be served upon such person in the manner herein provided for other notices. Section 34-628. Challenge of listed persons by other electors; proceedings upon challenge. (a) Any elector of the county shall be allowed to challenge the right of registration of any person whose name appears upon the electors list, and upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall specify the grounds of the challenge, and when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the county shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court. (b) 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 March 25, 1958, on the grounds that such person

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does not come within either of the classes provided in the two subdivisions of Paragraph IV of Section I of Article II of the State Constitution. (c) Any elector of the county shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the county at any time including election day itself. Such challenge may be oral or written but shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge the poll officers of the challenged elector's district shall be notified and if practical the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself at the polling place to vote he shall be given an opportunity to appear before the registrar and answer the grounds of challenge, and such registrars shall: a. After hearing the challenger and the challenged elector, determine whether probable cause to sustain such challenge exists; b. If no probable cause exists, the challenged elector shall be permitted to vote. c. If in doubt as to the merit of the challenge shall permit the challenged elector to vote by having the word challenged written across the back of the challenged elector's ballot for later determination. Section 34-629. Voting only from lists; right of electors where no polling place established in their district; right of electors to vote in district containing county courthouse. (a) All persons whose names appear on the list of electors placed in the possession of the managers in each election district, and no others, shall be allowed to deposit their ballots according to law, at the election district in which they are registered, but not elsewhere, except as hereinafter provided in this section and in Section 34-1407. (b) In any election held in an election district (not containing the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate

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whose name is also printed thereon, then the polling place in such district shall not be established and the registrars shall furnish to the managers of the polling place in the election district containing the county courthouse the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their district. (c) An elector, who resides in an election district which does not contain the county courthouse and whose name appears upon the electors list for such district, shall be allowed to vote at the polling place of the district containing the county courthouse. In cases where there is a variation in the candidates or questions voted upon as between such districts and where the poll officers of the district containing the county courthouse do not possess paper ballots of the district of the elector's residence, a poll officer of the district containing the county courthouse shall, prior to furnishing such elector with a paper ballot mark out the name of each candidate and the statement of each question which the elector would not have been entitled to vote for had he voted in the district of his residence. The elector in voting such ballot shall be entitled to make a write-in vote for any candidate whose name is printed on the ballots of the election district of his residence, but not printed on the ballot furnished him. After the polls are closed, a poll officer of the district containing the county courthouse shall examine the electors list of the district of such elector's residence, and if he finds that the elector has voted more than once in the primary or election, he shall report such information to the solicitor general. Section 34-630. Place of voting where change is made in county lines. When any portion of a county is changed from one county to another, the persons who would have been qualified to vote in the county from which taken, at the time of any primary or election, shall vote in the county to which they are removed, and if required to swear or certify, the oath or certification may be so qualified as to

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contain this fact. The name of such elector shall be kept and checked as hereinbefore provided. Section 34-631. Change of residence of elector. (a) Any elector, upon moving his residence to another county may, if he is otherwise qualified, have his name placed upon the list of electors of the county of his new residence as hereinafter provided. Such elector shall make application to the board of registrars of the county of his new residence to have his name placed upon the list of electors of such county. Such application shall be in writing, shall contain such information as the board may require, and shall also contain an affidavit in substantially the following form:

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(b) An elector whose registration has been transferred shall be entitled to vote in any primary or election that he would have been entitled to vote in had he registered to vote on the day of the transfer. No person shall vote in any county except the county of his residence. (c) In the event any elector 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 electors. If the board, of its own knowledge, knows of such move, it may make the proper changes. Section 34-632. Rules for determining residence. In determining the residence of a person desiring to register to vote, the following rules shall be followed so far as they are applicable: (a) The residence of any person shall be held to be in that place in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he intends to return; (b) A person shall not be considered to have lost his residence who leaves his home and goes into another state, or county in this State, for temporary purposes only, with the intention of returning, unless said person shall register

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to vote or perform other acts indicating a desire to change his citizenship and residence; (c) A person shall not be considered to have gained a residence in any county of this State into which he has come for temporary purposes only, without the intention of making such county his permanent place of abode; (d) If a person removes to another state with the intention of making it his residence, he shall be considered to have lost his residence in this State; (e) If a person removes to another state with the intention of remaining there an indefinite time and making such state his place of residence, he shall be considered to have lost his residence in this State, notwithstanding he may intend to return at some indefinite future period; (f) The place where a man's family resides shall be considered his residence, but if it be a temporary establishment for his family, or for transient purposes, it shall not be so considered; (g) If a man has his family living in one place and he does business in another, the former shall be considered his residence, but when a man has taken up his abode at any place with the intention of remaining there, and his family refuses to reside with him, then such place shall be considered his residence; a married woman not living in a household with her husband may establish a separate voting residence from that of her husband; (h) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing, neither shall the fact of removal without the intention; (i) No member of the armed forces of the United States shall be deemed to have acquired a residence in this State by reason of being stationed on duty in this State; (j) If a person removes to the District of Columbia or other Federal territory, another state, or foreign country

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to engage in the government service, he shall not be considered to have lost his residence in this State during the period of such service, and the place where the person resided at the time of his removal shall be considered and held to be his place of residence; (k) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, he shall not be considered to have gained a residence for voting purposes in the county in which the institution to which he is committed is located; and (l) If a person goes into another state and while there exercises the right of a citizen by voting, he shall be considered to have lost his residence in this State. Section 34-633. Lists and registration cards open to public inspection; hearings and performance of all duties by registrars to be public. The lists of electors 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 officer in charge. All the duties herein required of the registrars and all hearing of evidence upon the qualifications of electors shall be discharged in public. Section 34-634. Annual budget of registrars. The board of registrars of each county shall prepare annually a budget estimate in which it shall set forth an itemized list of its expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and submit the same at the time and in the manner and form other county budget estimates are now or may hereafter be required to be filed. Section 34-635. Use of certified list of Secretary of State where registrars' records destroyed. In any county where the registration records have been destroyed, the list of electors which has been certified to the Secretary of State, or a copy thereof, may be used in compiling a new list. Section 34-636. Duty of registrars to furnish list for elections held in governmental subdivisions; determination

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of compensation for furnishing such list. (a) Whenever the authority of a governmental subdivision within a county, who is charged with the responsibility of holding elections, shall request the board of registrars of the county to furnish a list of electors qualified to vote in the election involved and residing within the limits of such subdivision, it shall be the duty of the board of registrars to promptly prepare and furnish such a list. (b) The county shall be compensated, for the work of the board of registrars in preparing and furnishing such list, in an amount agreeable to the board and the authority of such governmental subdivision in charge of the election involved. If they are unable to agree upon such amount, then it shall be determined by the State Election Board. Chapter 34-7. Election Districts and Polling Places. A. Election Districts. Section 34-701. Election districts. Each voting precinct now existing shall constitute a separate election district, unless divided into two or more, or consolidated into one or more, election districts, as hereinafter provided. Section 34-702. Creation of new election districts. Subject to the provisions of Section 34-701, the ordinary of the county in which the same are located, may, on petition as provided in Section 34-703, divide or redivide any election district into two or more election districts of compact and contiguous territory, or alter the bounds of any election district, or form an election district out of two or more adjoining districts or parts of districts, or consolidate adjoining election districts, so as to suit the convenience of the electors and to promote the public interests. No new election district shall be formed that shall contain less than one hundred electors. The bounds of an election district shall not be altered on a day in which a primary or election is held, or during the period of sixty days prior to any general primary or election, or during the period of thirty days prior to any special primary or election. The ordinary

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shall promptly notify the board of registrars of any change in the bounds of election districts. Section 34-703. Petitions for new election districts. (a) Upon the petition of twenty electors, or of the county executive committee of a political party, to the ordinary of the county, praying for the division or redivision of an election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolidation of adjoining election districts, the ordinary shall refer such petition to the board of registrars, which shall make a full investigation of the facts, and shall promptly report to the ordinary its findings and recommendations as to the division, redivision, alteration, formation or consolidation of the election districts prayed for. If the board of registrars shall find that a division, redivision, alteration, formation or consolidation of election districts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation or consolidation of election districts, and shall accompany its report with a map, plot or draft of the new election district or districts proposed by it, if the same cannot be fully designated by natural lines. Such petitions may specify the boundaries desired by the petitioners and may be accompanied by a map setting forth such boundaries. (b) The board of registrars may also petition the ordinary for the division or redivision of any election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolidation of adjoining election districts, accompanying its petition by a description of the proposed new election districts and by a map, plot or draft thereof, if the same cannot be fully designated by natural lines. (c) Upon the presentation of any such petition by the board of registrars or upon the filing by the board of its

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report and recommendations as to any petition presented under the provisions of subsection (a), the ordinary may make such order for the division, redivision, alteration, formation or consolidation of election districts, as will, in his opinion, promote the convenience of electors and the public interests; provided, however, that the ordinary shall not make any final order for the division, redivision, alteration, formation or consolidation of election districts until at least ten days after notice shall have been posted in at least five public and conspicious places in the district or districts to be affected thereby, one of which notices shall be posted on or in the immediate vicinity of the polling place in each such district. Such notice shall state briefly the division, redivision, alteration, formation or consolidation of election districts recommended by the board of registrars, and the date upon which the same will be considered by the ordinary, and shall contain a warning that any person objecting thereto must file his objections with the ordinary prior to such date. Upon the making of any such final order by the ordinary, a copy thereof shall be certified by him to the board of registrars. (d) In any county having a population of more than 250,000, according to the United States Decennial Census of 1960 or any such future census, the powers and duties conferred upon the ordinary by this section and Section 34-702 shall be exercised and performed by the governing authority of the county. Section 34-704. Cost of proceedings. In all cases of the division, redivision, alteration, formation or consolidation of election districts, the costs of the proceedings shall be paid by the county. B. Polling Places. Section 34-705. Polling places to be selected by Ordinary. (a) The ordinary shall select and fix the polling place within each election district and may, either on his own motion or on petition of ten electors of an election district, change the polling place within any election district.

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Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which renders any polling place unavailable for use at such primary or election, the ordinary shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place, or his agent. (b) Except in case of emergency or unavoidable event, occurring within ten days of a primary or election, which renders any polling place unavailable for use, if a petition be presented to the ordinary on or before the day set for hearing of the petition for change of a polling place, signed by twenty per cent of the electors of the district, objecting to the proposed change, such change shall not be ordered. (c) Except as otherwise provided in this Code, the ordinary in selecting and fixing the polling places within each election district shall fix separate polling places for each party conducting a primary in accordance with Code Section 34-801. This Subsection shall not become effective until January 1, 1965. Section 34-706. Public buildings to be used where practicable; portable polling places. (a) In selecting polling places, the ordinary shall, wherever practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. School, county, municipal or other governmental authorities shall, upon request of the ordinary, make arrangements for the use of their property for polling places; provided however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. (b) The ordinary, in his discretion, may procure and provide portable or movable polling facilities of adequate size for any election district. Section 34-707. Temporary polling places. If, in any election district, no proper polling place can be obtained,

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the ordinary shall cause to be constructed for such district, a temporary room of adequate size to be used as a polling place. Section 34-708. Equipment and arrangement of polling places; guard rail; number of voting compartments or voting machines. (a) The ordinary shall cause all rooms used as polling places to be suitably provided with heat and light, and, in districts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies, in which electors may conveniently mark their ballots, with a curtain, screen or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein, and shall be furnished with a guard rail or barrier enclosing the inner portion of such room, which guard rail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the said guard rail or barrier. The voting machine or machines shall be so placed in the voting rooms within the enclosed space that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. (b) The ordinary, unless otherwise provided by law, may make such arrangements as he deems proper for the storage of election equipment in the various election districts of the county at such times of the year that it will not be used for election purposes, and may fix reasonable compensation therefor. Section 34-709. Compensation for rent, heat and light. The ordinary shall fix the compensation for rent, heat, light

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and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places. Section 34-710. Control of expenses for elections. Notwithstanding any other provision contained in this Code, all expenditures and contracts for expenditures by the ordinary for polling places and other election expenses, shall be subject to budgetary control and approval of the governing authority of the county. Chapter 34-8. Dates of Primaries and Elections. Section 34-801. General primary. Whenever any political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on the second Wednesday in September in each even-numbered year. The preceding provision of this section shall not apply to a primary held to nominate candidates for membership in the House of Representatives of the General Assembly or for county offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be automatically repealed. Section 34-802. November election. The Governor, statehouse officers, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, solicitors general, members of the General Assembly, county officers, justices of the peace, and constables shall be elected in the November election next preceding the expiration of the term of office. Section 34-803. Special election for United States Senator Whenever a vacancy shall occur in the representation of this State in the Senate of the United States, such vacancy shall be filled for the unexpired term by the vote of the electors of the State at a special election to be held at the time of the next November election, occurring at least forty days after the occurrence of such vacancy, and it shall be the duty of the Governor to issue his proclamation

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for such election. Until such time as the vacancy shall be filled by an election as herein provided, the Governor may make a temporary appointment to fill such vacancy. Section 34-804. Special election for Congressional Representative. Whenever a vacancy shall occur or exist in the office of Representative in Congress from this State the Governor shall issue, within ten days after the happening of such vacancy, a writ of election to the ordinary of each county involved for a special election to fill such vacancy, which election shall be held on a date named in the writ, which shall not be less than thirty days after its issuance. Section 34-805. Special election for member of General Assembly. Whenever a vacancy shall occur or exist in either House of the General Assembly during a session of the General Assembly, or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet at any time previous to the next November election, the Governor shall issue, within ten days after the happening of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the ordinary of each county involved for a special election to fill such vacancy, which election shall be held on a date named in the writ, which shall not be less than thirty nor more than sixty days after its issuance. In all other cases such a special election to fill such vacancy shall be held if the Governor issues his writ of election therefor. Section 34-806. Conduct of special elections. Every special election shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto in so far as practicable, and not inconsistent with any other provisions of this Code. All such special elections held at the time of a general election shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least thirty days shall intervene between the call of a special election and the holding of same.

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Chapter 34-9. Political Parties and Bodies. Section 34-901. Registration of political parties and bodies with Secretary of State. (a) The chief executive officer of each political party or body now or hereafter operating in this State shall, within sixty days after the date of its organization or after the effective date of this Code, whichever is later, file with the Secretary of State a registration statement setting forth: (i) Its name and the date and place of its creation; (ii) The General purposes for which it was created; (iii) Certified copies of its charter, by-laws, rules and regulations, and other documents of like dignity governing its organization and operation; (iv) The address of its principal office; (v) The names, home addresses and titles of the persons composing its governing committee and executive officers; and (vi) Such other information as the Secretary of State may require as necessary or appropriate in the public interest. (b) No registration statement of a party or body shall be filed if the name of such party or body is identical with or deceptively similar to the name of any other existing party or body which was organized earlier and is eligible at the time to file its registration statement with the Secretary of State. (c) Within thirty days after the occurrence of a change in the information contained in any registration statement, or prior amendment thereto, the chief executive officer of the party or body filing such statement shall file an amendment thereto setting forth the information necessary to maintain the currency of such statement.

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(d) The Secretary of State shall receive a fee of ten dollars for filing each registration statement and a fee of two dollars for filing each amendment thereto. (e) A political party or body failing to file a registration statement as required by subsection (a) above shall not have its name or the names of its candidates placed on any nomination petition, ballot or ballot label. Section 34-902. Committees of political parties; officers; authority to adopt rules and regulations; election of party officers. (a) Each political party shall establish and maintain a State executive committee exercising State-wide jurisdiction and control over party affairs, and a county executive committee in each county in which it holds a primary, exercising county-wide jurisdiction and control over party affairs. A party may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the State executive committee. Each committee shall be presided over by a chairman and shall have a secretary and such other officers as deemed advisable. (b) The State executive committee of each political party shall formulate, adopt and promulgate rules and regulations, consistent with law, governing the conduct of primaries, conventions and other party affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the Secretary of State. (c) The respective county executive committees of each political party shall formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State executive committee, governing the conduct of primaries, conventions and other party affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the ordinary of the county. (d) Any person seeking party office in a primary shall be governed by the provisions of this Code relating to a

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person seeking party nomination in a primary in so far as such application is practicable. Section 34-903. Supersedure power of State executive committee; notice; hearing; order. (a) When the State executive committee of a political party has reason to believe that the laws governing primaries, or the orders, rules or regulations of the State executive committee relating thereto, are not being, or will not be, fairly, impartially or properly enforced or applied in any county, by the county executive committee of the party in such county, then the State executive committee shall issue to such county committee a written notice of opportunity for hearing. (b) A notice of opportunity for hearing shall state the substance of the order which the State committee proposes to issue under subsection (e) hereof and advise such county committee of its right to a hearing upon request to the State committee if such request is received by it within the time specified in the notice. (c) Whenever such county committee requests a hearing in accordance with the provisions of this section, the State committee shall immediately set a date, time and place for such hearing and shall forthwith notify the county committee thereof. (d) A stenographic record of the testimony and other evidence submitted at the hearing shall be taken and filed with the State committee. Each witness appearing at the hearing shall be sworn prior to testifying. (e) If the State committee does not receive a timely request for hearing, or if a hearing is requested and conducted as provided in this section and the State committee determines that all or any part of the proposed relief described in the notice of opportunity for hearing should be granted, then the State committee may issue an order, effective for a certain period: suspending and superseding all or any part of the powers and duties of the county committee, its poll officers and other assistants, concerning the

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preparation for, calling, holding, conduct, determination, result, tabulation or certification of result of any primary; and directing that the powers and duties which would have been exercised and performed by such county executive committee, its poll officers and other assistants, in these matters had they not been suspended and superseded, shall be exercised and performed by the persons designated by the State executive committee, who may be residents of any county of this State notwithstanding any other provision of this Code. (f) The State executive committee may delegate its powers under the provisions of this section to a subcommittee. Section 34-904. Investigation of fraud and irregularity in primaries; powers of State executive committee and State Election Board; petitions; appeals; notices; hearings; reports; orders. (a) A person possessing evidence of fraud or irregularity in the conduct of a primary within a county may file a petition with the State executive committee of the political party conducting such primary requesting an investigation and report of same. The petition shall be verified by the petitioner and shall concisely set forth the fraud or irregularity complained of. Prior to such filing, a copy of the petition shall be served on the chairman of the county executive committee which had conducted such primary. (b) During the period of thirty days following the filing of such petition, the State executive committee shall make such investigation and shall take such other action as is necessary to determine the merits of the petition. If the State committee determines that an investigative hearing is warranted, it shall conduct such hearing and shall give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying. (c) On or before the thirtieth day after the filing of such petition, the State committee shall either render a report to the petitioner containing its findings as to whether

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fraud or irregularity existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor-general and the grand jury of the county involved; and the State committee shall also make available to them any evidence in its possession which supports such findings. (d) If the State committee issues an order denying such petition, or if the petitioner is dissatisfied with any report rendered in response to his petition, or if the State committee fails to conclude its action within such thirty day period, he may appeal by petition to the State Election Board. The petition shall be verified by the petitioner and shall concisely set forth the grounds of appeal. The petitioner shall attach as exhibits to his petition for appeal copies of his petition to the State committee and of the order or report rendered in response thereto. Prior to the filing of such appeal with the board, a copy of the petition therefor, without such exhibits, shall be filed with the State and county committees. (e) Upon the filing of such appeal, the State Election Board shall make such investigation and shall take such other action as is necessary to determine the merits of the appeal. If the board determines that an investigative hearing is warranted, it shall conduct such hearing within the county involved and shall give prior notice of the time and place thereof to all interested parties. A stenographic record of the testimony and other evidence introduced at the hearing shall be taken. (f) Within a reasonable time after the filing of such appeal, the board shall either render a report to the petitioner containing its findings as to whether fraud or irregularity existed in such primary, or shall issue an order denying the appeal; and a copy of same shall be filed with the state and county committees. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the board with the solicitor general

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and the grand jury of the county involved; and the board shall also make available to them any evidence in its possession which supports such findings. (g) When requested by the State executive committee of a political party, the State Election Board shall have the power to investigate alleged frauds and irregularities in a primary conducted by such party within a county and to report its findings concerning same to the appropriate solicitor general and grand jury for further investigation and prosecution. (h) The State executive committee may delegate its power under the provisions of this section to a subcommittee. Section 34-905. Committees of political bodies; officers; authority to adopt rules and regulations. (a) Each political body shall establish and maintain: a chief executive committee exercising jurisdiction and control over body affairs in the area of the State in which it operates; and a county executive committee exercising county-wide jurisdiction and control over body affairs in each county in which the body operates if it operates in two or more counties. A body may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the chief executive committee. Each committee shall be presided over by a chairman and shall have a secretary and such other officers as deemed advisable. (b) The chief executive committee of each political body shall formulate, adopt and promulgate rules and regulations, consistent with law, governing the conduct of conventions and other body affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the Secretary of State. (c) The respective county executive committees of each political body shall formulate, adopt and promulgate rules and regulations, consistent with law and the rules and

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regulations of the chief executive committee, governing the conduct of conventions and other body affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the ordinary of the county. Chapter 34-10. Nomination of Candidates. A. In General Section 34-1001. Filing notice of candidacy. (a) The ordinaries shall not place the name of any candidate for public office on the ballots to be used in an election unless notice of his candidacy shall be given in the following manner. (b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least thirty days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for membership in the House of Representatives of the General Assembly or to a candidate for a militia district office (justice of the peace or constable). Each candidate for a county or militia district office and each candidate for membership in the House of Representatives of the General Assembly, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least thirty days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespective of such five day period exceeding a qualification deadline herein above prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, shall file his notice at least fifty days prior to the general election.

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(c) Each of such candidates shall accompany his notice of candidacy with a nomination petition in the form hereafter prescribed; except that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (ii) a nominee of a political party nominated in a primary held by such party; (iii) the nominee of a political party for a public office when the prior nominee of such party for such office shall have received at least ten per cent of the total votes cast for candidates seeking such office in the last election held to fill same; (iv) seeking office in a special election; or (v) seeking, in a general election, a county or militia district office or membership in the House of Representatives of the General Assembly in a county where no political party has or will hold a primary for the nomination of any candidate for any such office to be filled in such general election. (d) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of candidacy with a certificate of nomination by his party or body stating that he is the duly qualified and nominated candidate of his party or body for the public office he is seeking. Every such certificate of nomination shall be sworn to by the chairman and secretary of the committee (designated by the party or body) before an officer qualified to administer oaths. The certificate of nomination shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previously registered with the Secretary of State as required by Chapter 34-9. (e) Each candidate described in subsection (b) shall accompany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office address; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the county of his residence eligible to vote in the election in which he is a candidate; (v) the

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name of the office he is seeking; (vi) that he is eligible to hold such office; and (vii) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. Section 34-1002. Candidate required to designate specific office sought in certain cases. In the case of a candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors, such candidate shall, when qualifying with his party in the case of a primary and when filing his notice of candidacy in the case of an election, designate the specific office he is seeking, by naming its incumbent or by giving other appropriate designation. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. The provisions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidates shall be governed by the county executive committee rules in any such primaries and in accordance with any local act establishing such governing authority in the case of said election; and this sentence shall be automatically repealed January 1, 1965. Section 34-1003. Substituted nominations by parties and bodies. (a) Any vacancy happening in any party nomination (filled by primary) for a Federal or State office to be filled by the vote of the electors of more than one county, by reason of the death or withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the members of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office; provided, however, that in the case of a candidate seeking the office of judge of the superior court or

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solicitor general of a judicial circuit containing more than one county, such convention shall be composed of the members of the county executive committee of such party in each county forming a part of such judicial circuit. Immediately upon the happening of such a vacancy, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention and shall give notice thereof to each member of each county executive committee entitled to participate in the convention. A two-thirds majority of the members of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the members present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each member shall have one vote and all votes taken shall be by a roll call vote. The State executive committee shall have the privilege of proposing a substitute nomination and any member of the convention shall have the privilege of proposing a substitute nomination from the floor of the convention. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose. (b) Any vacancy happening in any party nomination (filled by primary) for a Federal, State or county office filled by the vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit contained within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county. (c) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination,

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by reason of the death or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) Upon the making of any such substituted nomination, in the manner prescribed in this section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the ordinary, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths. Section 34-1004. Qualification fees. The governing authority of any county, at least ninety days prior to the election in the case of a general election, and at least twenty days prior to the election in the case of a special election, shall fix and publish a reasonable qualification fee to be paid by candidates seeking election to any county or militia district office or membership in the House of Representatives of the General Assembly. Such fee shall be paid to the ordinary at the time a candidate files his notice of candidacy and the fee shall be promptly transmitted to the governing authority for application toward the payment of the cost of holding the election. Within the same time limitation, the Secretary of State shall fix and publish a reasonable qualification fee to be paid by each candidate filing his notice of candidacy with him. If the office sought by the candidate is filled by the vote of electors within a single county, the Secretary of State shall transmit such fee to the governing authority of such county for application toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county then such fee shall be equally divided among the counties involved, and the Secretary of State shall transmit the proper portion of such fee to the governing authority of each such county for application toward the payment of the cost of holding the election.

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No candidate nominated in a primary or in a convention held by his political party shall be required to pay such fee. B. Nomination of Party Candidates by Primaries. Section 34-1005. Primaries to be conducted only by political parties; conduct of primaries. Only a political party may elect its officials and nominate its candidates for public office by conducting primaries. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regulations of such party not inconsistent with law. Section 34-1006. Qualification of Candidates. All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special primary, at least fifteen days prior to its date; and a party shall fix no other qualification deadline. The preceding sentence shall not apply to the qualification of candidates seeking party nomination in any general primary to be held on September 9, 1964, or in any primary held prior to the said date, and upon the holding of the last of such general primaries this sentence shall be automatically repealed. Section 34-1007. Polling places and poll officers to be used. (a) A political party, in nominating a candidate for public office in a primary, shall use and provide poll officers for each polling place in each election district in the area wherein the electors reside who shall elect the person to fill such public office in the next election therefor; except that such area shall mean the judicial circuit when the office of judge of the superior court or solicitor general is involved. (b) Two or more political parties simultaneously using the same polling place may each provide its own set of poll officers, or the parties may be agreement jointly provide a single set of poll officers, to conduct their primaries at such polling place.

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Section 34-1008. Ballots; ballot boxes; voting machines, vote recorders and other supplies for primaries. Ballots and ballots boxes, or voting machines or vote recorders where used, and other supplies for primaries shall be prepared, provided and delivered to the poll officers, in accordance with the provisions of this Code, in so far as they are applicable to primaries. In counties where the governing authority possesses voting machines or vote recorders, it shall rent or furnish free of charge a sufficient number of voting machines or vote recorders to a political party or parties requesting same for use in a primary. When rental is required, such rental shall be fixed at an amount not in excess of the lowest reasonable amount necessary to pay the cost of the county in renting the voting machines or vote recorders, and such rental shall be equally divided among the parties jointly using same. A party which is unable or unwilling to pay its share of such rental shall not participate in the use of the voting machines or vote recorders. Section 34-1009. Primary expenses. The expenses of a primary shall be paid by the political party holding such primary; except that the expenses of providing polling places on public premises and electors lists shall be paid by the respective counties. C. Nomination of Candidates by Petition. Section 34-1010. Nomination petitions. (a) In addition to the party nominations made at primaries, nominations of candidates for public office may also be made by nomination petitions signed by electors and filed in the manner herein provided. Such petitions shall be in the form prescribed by the officers with whom they are filed, and no other forms than the ones so prescribed shall be used for such purposes. (b) A nomination petition of a candidate shall be signed by a number of electors of not less than five per cent of the total number of electors eligible to vote in the last general election for the filling of the office the candidate is seeking; except that in the case of a candidate seeking the

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office of judge of the superior court or solicitor general the five per cent figure shall be computed only on the total number of electors of the judical circuit eligible to vote in the last general election for the filling of such offices. (c) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the State entitled to vote in the next general election for the filling of the office sought by the candidate supported by the petition, and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. (d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business or occupation, if any, his place of residence with street and number, if any, his political party or body affiliation, if he is its nominee for the office he is seeking, and the name and date of the general election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth; (i) that the affiant is a duly qualified and registered elector of the State entitled to vote in the next general election for the filling of the office sought by the candidate supported by the petition; (ii) his residence address, giving municipality with street and number, if any; (iii) that each signer manually signed his own name with full

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knowledge of the contents of the nomination petition; (iv) that each signature on such sheet was signed within one hundred and eighty days of the last day on which such petition may be filed; and (v) that, to the best of affiant's knowledge and belief, the signers are registered electors of the State qualified to sign the petition, that their respecive residences are correctly stated in the petition, and that they all reside in the county named in the affidavit. (e) No nomination petition shall be circulated prior to one hundred and eighty days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within one hundred and eighty days of the last day for filing the same. (f) A nomination petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. Section 34-1011. Examination of nomination petitions; judicial review. (a) When any nomination petition is presented in the office of the Secretary of State or of any ordinary for filing within the period limited by this Code, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be permitted to be filed if: (i) it contains material errors or defects apparent on the face thereof; (ii) it contains material alterations made after signing without the consent of the signers; or (iii) it does not contain a sufficient number of signatures as required by law. The Secretary of State or any ordinary may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon, and if he shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet. (b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine

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the petition to determine if it complies with the law. During such examination the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the officer may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the officer, shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. In neither case shall the petition be returned to the candidate. (c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county

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containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable, and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his decision, and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot, if the court should so determine. Chapter 34-11. Ballots. Section 34-1101. Official ballots to be used. All primaries and elections in this State shall be conducted by ballot, except when voting machines or vote recorders are used as provided by law. All ballots used in any primary or election shall be provided by the superintendent in accordance with the provisions of this Chapter, and only official ballots furnished by the superintendent shall be cast or counted in any primary or election in any district in which ballots are used. Section 34-1102. Form of official primary ballot. (a) In each primary separate official ballots shall be prepared by the political party holding the primary. At the top of each ballot shall be printed in prominent type the words OFFICIAL PRIMARY BALLOT OF..... PARTY FOR followed by the designation of the election

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district for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: Mark out the name of each candidate for whom you do not wish to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. Marks made in violation of these directions shall be disregarded in the counting of the votes cast. (c) Immediately under the directions, the names of all candidates, who have qualified in accordance with the rules of the party, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. (d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his choice as to such matter or question. (e) The ballots shall vary in form only as the names of election districts, offices, candidates or the provisions of this Code may require. Section 34-1103. Form of official election ballot. (a) At the top of each ballot for an election shall be printed in prominent type the words OFFICIAL BALLOT followed by the designation of the election district for which it is prepared and the name and date of the election. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, in so far as the same may be appropriate for the election involved:

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To vote a straight party ticket, mark a cross (X) or check ([UNK]) in the square in the party column, opposite the name of the party of your choice. If you do not desire to vote a party ticket, then place a cross (X) or check ([UNK]) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such name outside such column or by the use of a sticker, paster, stamp or other printed or written matter is prohibited. (c) Immediately under the directions, the names of all candidates, who have been nominated in accordance with the requirements of the Code, shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties, having no candidate for Governor on the ballot at the last gubernatorial election, shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading Independent, which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under

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the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns, shall be printed a sufficient blank column for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check ([UNK]) mark. (d) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. The names of these candidates shall be printed on the ballot in a separate column to the right of the column listing the other candidates of such party or body, if the party or body so elects at least forty-five days prior to the holding of the election by giving written notice to the Secretary of State. (e) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Other questions so submitted shall be printed in brief form, to be determined by the Secretary of State in the case of questions to be voted on by the electors of more than one county, and by the ordinary of the county in other cases. To the left of each question there shall be placed the words yes and no, together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ([UNK]) mark. (f) The ballots shall vary in form only as the names of election districts, offices, candidates or the provisions of this Code may require.

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Section 34-1104. Form of ballots; printing ballots; stubs; numbers. In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this Code. All ballots for use in the same election district at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such district. They shall be at least six inches long and four inches wide, and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type (which shall not be smaller than the size known as brevier or eight point body) upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through. Each ballot shall be attached to a name stub, and all the ballots for the same election district shall be bound together in books of fifty or one hundred, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered, and in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: Tear off before depositing ballot in ballot box. Section 34-1105. Candidates with similar surnames; occupation to be printed. If two or more candidates for the same nomination or office shall have the same or similar surnames, the official with whom such candidate qualifies, shall, upon the request of any such candidate filed in writing not later than two days after the last day for qualifying as a candidate in the primary or election involved, print or cause to be printed the occupation or residence of any such candidate, so filing a request, on the ballot under his

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name. Upon receiving any such request, said official shall determine whether the surnames of the candidates are of such a similar nature as to warrant printing the occupation or residence of any such candidate on the ballot, and the decision of such official shall be conclusive. Section 34-1106. Names of substituted candidates to be printed on ballots. As soon as any substituted candidate shall have been duly nominated by his political party or body, at any time prior to the day on which the printing of ballots is started, his name shall be substituted in place of that of the candidate who has died or has withdrawn. Section 34-1107. Number of ballots to be printed. The superintendent shall provide for each election district in which a primary or election is to be held one book of fifty official ballots for every forty-five electors and fraction thereof, or one book of one hundred official ballots for every ninety electors and fraction thereof, appearing upon the electors list for such district. The superintendent shall also, in addition to the number of ballots required to be printed for general distribution, have printed ten per cent of such number, to be known as reserve official ballots, which shall be kept at the office of the superintendent for the use of any district, the ballots for which may be lost, destroyed or stolen. A reserve official ballot shall not be voted in an election district unles it bears a distinctive number and the name of such district. Section 34-1108. Forms of ballots on file and open to public inspection. The superintendent shall have on file in his office, at least five days prior to the day of holding each primary and election, open to public inspection, forms of the ballots, with the names and such statements and notations as may be required by the provisions of this Code, printed thereon, which shall be used in each election district within the county. Section 34-1109. Superintendent to cause ballots to be accurately printed. It shall be the duty of the superintendent to cause all the ballots and ballot labels to be accurately printed, and he shall be responsible for the safekeeping of the same while in his possession or that of his agent.

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Section 34-1110. Correction of mistakes appearing on ballot. When it is shown by affidavit that mistake or omission has occurred in the printing of official ballots for any primary or election, the superior court of the proper county, may upon the application of any elector of the county, require the superintendent to correct the mistake or omission, or to show cause why he should not do so. Section 34-1111. Record of ballots to be kept. The superintendent shall keep a record of the number of official ballots printed and furnished to each election district at each primary and election, and of the number of stubs, unused ballots and cancelled ballots subsequently returned therefrom, and also of the disposition of the additional official ballots provided, as required by Section 34-1107. Chapter 34-12. Voting Machines and Vote Recorders. A. Voting Machines. Section 34-1201. Definitions. The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly apparent from the context: (a) The words candidate counters and question counters shall mean the counters on which are registered numerically the votes cast for candidates and on questions, respectively; (b) The word diagram shall mean an illustration of the official ballot showing the names of the parties, bodies, offices and candidates, and statements of the questions, in their proper places, together with the voting devices therefor; (c) The words protective counter shall mean a counter or protective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated, except by operating the machine; (d) The words public counter shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election;

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(e) The words registering counter shall not include a protective counter; and (f) The words vote indicator shall mean those devices with which votes are indicated for candidates, or for or against questions. Section 34-1202. Authorization of voting machines without referendum. The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the county, and thereupon the governing authority shall purchase, lease, rent or otherwise procure voting machines conforming to the requirements of this Chapter. Section 34-1203. Referendum on question of adopting voting machines. (a) The governing authority of any county may, upon its own motion, submit to the electors of the county, at any election, the question Shall voting machines be used in the County of.....?. (b) The governing authority, upon the filing of a petition with it signed by electors of the county equal in number to at least one per cent of the total number of electors who voted in such county at the preceding general election, shall, at the next election occurring at least forty-five days thereafter, submit to the electors of such county the question Shall voting machines be used in the County of.....?. (c) The governing authority shall cause such question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing general elections. (d) The election on such question shall be held at the places, during the hours, and under the regulations, provided by law for holding general elections, and shall be conducted by the poll officers provided by law to conduct

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such elections. The poll officers shall count the votes cast at the election on such question and shall make return thereof to the ordinary of such county as required by law. The returns shall be computed by the ordinary and, when so computed, a certificate of the total number of electors voting Yes and of the total number of electors voting No on such question shall be filed in the office of the governing authority and in the office of the Secretary of State. (e) Whenever, under the provisions of this section, the question of the adoption of voting machines is about to be submitted to the electors of any county, it shall be the duty of the governing authority of such county, to ascertain whether current funds will be available to pay for such machines, if adopted and purchased, or whether it has power to increase the indebtedness of the county in an amount sufficient to pay for the machines without the consent of the electors and, if such current funds will not be available and the power to increase the indebtedness of the county in a sufficient amount without the consent of the electors is lacking, it shall be the duty of the governing authority to submit to the electors of the county, in the manner provided by law, at the same election at which the adoption of voting machines is to be voted on, the question whether the indebtedness of such county shall be increased, in an amount specified by them, sufficient to pay for such voting machines, if adopted. (f) If a majority of the electors voting on such question or questions shall vote in the affirmative, the governing authority of such county shall purchase, lease or rent voting machines, conforming to the requirements of this Chapter, for recording and computing the vote at all elections held in such county. Section 34-1204. Installation, custody and repair of voting machines. (a) When the use of voting machines has been authorized in the manner prescribed by either Section 34-1202 or Section 34-1203, such voting machines shall be installed, either simultaneously or gradually, within the county. Upon the installation of voting machines in

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any election district, the use of paper ballots therein shall be discontinued, except as otherwise provided by this Code. (b) In each election district in which voting machines are used, the governing authority shall provide at least one voting machine for each six hundred electors, or fraction thereof, therein. (c) Voting machines of different kinds may be used for different districts in the same county. (d) The governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election. Section 34-1205. Examination and approval of voting machines by Secretary of State. (a) Any person or organization owning, manufacturing or selling, or being interested in the manufacture or sale of, any voting machine, may request the Secretary of State to examine the machine. Any ten or more electors of this State, may, at any time, request the Secretary of State to reexamine any voting machine theretofore examined and approved by him. Before any such examination or reexamination, the person, persons, or organization, requesting such examination or reexamination, shall pay to the Secretary of State an examination fee of four hundred and fifty dollars, provided, however, that in the case of a request by ten or more electors the examination fee shall be one hundred dollars. The Secretary of State may, at any time, in his discretion, reexamine any voting machine. The governing authority or ordinary of any county possessing voting machines at the time of the adoption of this Code may request the Secretary of State to examine such voting machines without paying the examination fee if such request is made within ninety days after the effective date of this Code. (b) The Secretary of State shall thereupon require such machine to be examined or reexamined by three examiners,

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whom he shall appoint for the purpose, of whom one shall be an expert in patent law, and the other two shall be experts in mechanics, and shall require of them a written report on such machine, attested by their signatures; and the Secretary of State himself shall examine the machine, and shall make and file in his office, together with the reports of the examiners appointed by him, his own report, attested by his signature and the seal of his office, stating whether, in his opinion and in consideration of the reports of the examiners aforesaid, the kind of machine so examined can be safely used by electors at primaries and elections, as provided in this Code. If his report states that the machine can be so used, the machine shall be deemed approved, and machines of its kind may be adopted for use at primaries and elections, as herein provided. (c) No kind of voting machine not so approved shall be used at any primary or election, and if, upon the reexamination of any voting machine previously approved, it shall appear that the machine so reexamined can no longer be safely used by electors at primaries or elections as provided in this Code because of a substantial defect in design, the approval of the same shall forthwith be revoked by the Secretary of State, and no such voting machine shall thereafter be purchased for use or used in this State. (d) When a machine has been so approved, no improvement or change that does not impair its accuracy, efficiency or capacity, shall render necessary a reexamination or reapproval of the machine, or of its kind. (e) Neither the Secretary of State, nor any examiner appointed by him for the purpose prescribed by this section, nor any ordinary, or the governing authority of any county or a member of such authority, shall have any pecuniary interest in any voting machine, or in the manufacture or sale thereof. (f) The compensation of each examiner appointed hereunder shall be fixed and paid by the Secretary of State.

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Section 34-1206. General requirements as to voting machines. No voting machine shall be adopted or used unless it shall, at the time, satisfy the following requirements: (a) It shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted: (b) It shall permit each elector, at other than primaries, to vote a straight party or body ticket in one operation, and, in one operation, to vote for all the candidates of one party or body for presidential electors, and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates; (c) It shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (d) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote; (e) It shall preclude each elector from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; (f) It shall be capable of adjustment by poll officers, so as to permit each elector at a primary to vote only for the candidates seeking nomination by the party in whose primary he is then voting, and so as to preclude him from voting for the candidates seeking nomination by any party in whose primary he is not then voting;

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(g) It shall fairly permit each elector to deposit, writein, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; provided, however, that if the machines does not fairly permit such a vote to be cast, then an elector desiring to vote for any person whose name does not appear on the machine shall be permitted to vote in the primary or election by the use of a paper ballot which shall be furnished by the superintendent; (h) It shall permit each elector to change his vote for any candidate, or upon any question appearing upon the ballot labels, up to the time he begins to register his vote, or indicates or expresses his intentions to register his vote; (i) It shall permit and require voting in absolute secrecy, and shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law; (j) It shall have voting devices for separate candidates and questions, which shall be arranged in separate parallel rows or columns, so that, at any primary, one or more adjacent rows or columns may be assigned to the candidates of a party or body, and shall have parallel office columns or rows transverse thereto; (k) It shall have a public counter, or other device, the register of which is visible from the outside of the machine, which shall show during any period of voting the total number of electors who have operated the machine during such period of voting; (l) It shall have a protective counter, or other device, the register of which cannnot be reset, which shall record the cumulative total number of movements of the operating mechanism; (m) It shall be provided with a lock or locks, by the use of which, immediately after the polls are closed, or the

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operation of the machine for a primary or election is completed, all movements of the registering mechanism are absolutely prevented; (n) It shall be provided with a screen, hood or curtain, which shall conceal the actions of the elector while voting; (o) It shall be constructed of material of good quality, in a neat and workmanlike manner; (p) It shall, when properly operated, register or record correctly and accurately every vote cast; (q) It shall be so constructed that an elector may readily learn the method of operating it; (r) It shall be safely transportable; (s) It shall be so constructed and controlled that, during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism; and (t) If it is of a type equipped with mechanism for printing paper proof sheets, and not requiring the counters to be made visible in order to canvass the votes recorded on the machine, the door, or other device, concealing such counters, or keeping the same concealed, may be equipped with a lock or locks, requiring the simultaneous use of three separate and substantially different keys to open or operate the same. Section 34-1207. Payment for voting machines. The governing authority of any county, which adopts voting machines in a manner provided for by this Chapter, shall, upon the purchase thereof, provide for payment therefor by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties, to meet all or any part of the cost of the voting machines.

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Section 34-1208. Form of ballot labels on voting machines. (a) The ballot lables shall be printed in black ink, upon clear white material, of such size as will fit the ballot frame, and in plain clear type so as to be easily readable by persons with normal vision. (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question, to be voted on, shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than seventy-five words, to be determined by the Secretary of State in the case of constitutional amendments or other questions to be voted on by the electors of more than one county, and by the ordinary in other cases, unless otherwise provided by law. (c) The ballot label for each candidate or group of candidates, nominated by a party or body, shall contain the name or designation of the party or body. (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. (e) The names of all candidates, nominated by a party or body, shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body, provided that the names of individual candidates for presidential elector shall not appear upon the ballot labels, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President shall be printed on a single ballot label, together with the name of such party or body. (f) The form and arrangement of ballot labels shall be prepared by the superintendent. (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall

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appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (d) of Section 34-1103. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by Section 34-1103 (c). (h) In primaries, the ballot labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by Section 34-1103 (c). (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties, the ordinary may arrange for each election district the names of the candidates on separate voting machines; provided, however, that the names of all the candidates seeking nomination in any one political party shall appear on one machine. Section 34-1209. Preparation of voting machines by ordinaries; duties of custodians and deputy custodians. (a) The ordinary of each county shall cause the proper ballot labels to be placed on each voting machine which is to be used in any election district within such county; and shall cause each machine to be placed in proper order for voting; shall examine each machine before it is sent out to a polling place; shall see that each registering counter on each machine is set at zero; shall lock each machine so that the counting machinery cannot be operated, and shall seal each machine with a numbered seal. The ordinary or his agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates

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seeking nomination by the political party in whose primary he is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he is not then voting. (b) The ordinary shall appoint one custodian of voting machines, and such deputy custodians as may be necesary, whose duty it shall be to prepare the machines to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county such compensation as shall be fixed by the governing authority of the county. Such custodian shall, under the direction of the ordinary, have charge of and represent the ordinary during the preparation of the voting machines as required by this Code, and he and the deputy custodians, whose duty it shall be to assist him in the discharge of his duties, shall serve at the pleasure of the ordinary. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the ordinary. (c) On or before the twentieth day preceding a primary or election, the ordinary shall mail to the foreman of the grand jury, the chairman of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairman or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds which has registered its name and address and the names of its principal officers with the ordinary at least thirty days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his name entered on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several election districts in the county will be started. A committee of the grand jury, certified by the foreman, one representative of each such political party or body, certified

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by the chairman of such committee, and one representative of each such organization of citizens, certified by the chairman or presiding officer of such organization, and any such independent candidate or his certified agent, shall be entitled to be present, during the preparation of the machines, and to see that the machines are properly prepared and are placed in proper condition and order for use; provided, however, that such representatives or candidate shall not interfere with the preparation of the machines, and the ordinary may make such reasonable rules and regulations governing the conduct of such representatives and candidate. (d) The custodian and deputy custodians of voting machines shall make an affidavit, which each shall sign, and request each representative of the grand jury, a party, body or a citizens organization, or candidate or his agent, as aforesaid, present at the preparation of the machine, to attest, and which shall be filed with the ordinary, stating: (i) the identifying number or other designation of the voting machine; (ii) that each registering counter of the machine was set at zero; (iii) the number registered on the protective counter or other device of the machine; and (iv) the number on the seal with which the machine is sealed. (e) No ordinary, nor custodian, nor other employee of the ordinary, shall, in any way, prevent free access to and examination of all voting machines, which are to be used at the primary or election, by any of the duly appointed representatives or candidate aforesaid; and the ordinary and his employees shall afford to each such representative or candidate every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine. (f) In the case of an election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, all of which shall be in the form, and according to the specifications, prescribed, from time to time, by the Secretary of State. In the case of a primary,

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ballot labels and other materials necessary for the preparation of the voting machines shall be furnished free of charge to the ordinary by the political party conducting such primary. Section 34-1210. Delivery of voting machines and supplies by ordinary to poll officers. (a) The ordinary shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective election districts, at least one hour before the time set for opening the polls at each primary or election, and shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination immediately preceding the opening of the polls prescribed by this Code. (b) The ordinary shall provide ample protection against molestation of an injury to the voting machine, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary, and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the ordinary. (c) The superintendent shall furnish for each voting machine at least one hour before the opening of the polls: (i) A lamp which shall give sufficient light to enable electors, while in the voting machine booth, to read the ballot labels, and suitable for the use of poll officers in examining the counters; and the lamp shall be prepared and in good order for use before the opening of the polls; (ii) Two diagrams, of suitable size, representing such part of the face of such voting machine as will be in use in the primary or election, and accompanied by directions for voting on the machine; and such diagrams shall be posted prominently outside the enclosed space within the polling place; and (iii) A seal, for sealing the machine after the polls are closed; and envelope for the return of the keys, if the construction of the voting machine shall permit their separate

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return; and such other election materials and supplies as may be necessary, or as may be required by law. Section 34-1211. Portable polling facilities. In election districts in which voting machines are used, the ordinary may, in his discretion, procure and provide portable or movable polling facilities of adequate size for any or all of such districts. Section 34-1212. Delivery of voting machine keys to chief manager. The ordinary shall deliver the keys, which unlock the operating mechanism and the registering counters or counter compartment of the voting machine, to the chief manager, not later than one hour before the time set for the opening of the polls, and shall take his receipt therefor. The keys shall be enclosed in a sealed envelope, on which shall be written or printed: (a) the number of the voting machine; (b) the designation of the election district; (c) the number of the seal (d) the number registered on the protective counter or device as reported by the custodian; provided, however, that if the type of voting machine used requires the simultaneous use of three keys to unlock the registering counters or counter compartment, only two of the said keys shall be enclosed in such sealed envelope, the third key being retained by the custodian or the ordinary. Section 34-1213. Instruction of electors before primary or election. (a) During the thirty days next preceding a general primary or election, or during the ten days next preceding a special primary or election, the ordinary shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and instruction of the electors, one or more voting machines, containing the ballot labels, and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in a primary or election, shall be used for such public exhibition and instruction,

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after having been prepared and sealed for the primary or election. (b) During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and only upon written authorization from the ordinary. (c) Prior to any primary or election, the superintendent may cause copies of any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as he may deem desirable. Section 34-1214. Voting by ballot. If a method of nomination or election for any candidate or office or of voting on any questions is prescribed by law, in which the use of voting machines is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of voting machines for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of voting machines wholly or in part is not practicable, the ordinary may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, ballots shall be printed for such candidates, offices or questions, and the primary or election conducted by the poll officers herein provided for, and the ballots counted and return thereof made in the manner required by law for such nominations, offices or questions, in so far as paper ballots are used. Section 34-1215. Unofficial ballot labels; repair of machine or use of paper ballots. (a) If ballot labels for an election district, at which a voting machine is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such district shall cause other labels to be prepared, printed or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used

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at the primary or election, in the same manner, as near as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any voting machine being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another machine substituted by the custodian or ordinary as promptly as possible, for which purpose the governing authority of the county may purchase as many extra voting machines as it may deem necessary, but in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes. Section 34-1216. Custody of voting machines and keys. The ordinary shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at a primary or election, and shall provide for his compensation and for the safe storage and care of the machines and keys. All voting machines, when not in use, shall be properly covered and stored in a suitable place or places. B. Vote Recorders. Section 34-1217. Authorization of vote recorders. The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of vote recorders for recording and computing the vote at elections held in the county, and thereupon the governing authority shall purchase, lease, rent or otherwise procure vote recorders conforming to the requirements of this Chapter. Section 34-1218. Installation, custody and repair of vote recorders. (a) When the use of vote recorders has been authorized in the manner herein prescribed, such vote recorders shall be installed, either simultaneously or gradually, within the county. Upon the installation of vote recordes in any election district, the use of paper ballots therein shall be discontinued, except as otherwise provided by this Code.

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(b) In each election district in which vote recorders are used, the governing authority shall provide at least one vote recorder for each six hundred electors, or fraction thereof, therein. (c) Vote recorders of different kinds may be used for different districts in the same county. (d) The governing authority shall provide vote recorders in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election. Section 34-1219. Examination and approval of vote recorders by Secretary of State. (a) Any person or organization owning, manufacturing or selling, or being interested in the manufacture or sale of, any vote recorder, may request the Secretary of State to examine the vote recorder. Any ten or more electors of this State, may, at any time, request the Secretary of State to reexamine any vote recorder theretofore examined and approved by him. Before any such examination or reexamination, the person, persons, or organization, requesting such examination or re-examination, shall pay to the Secretary of State an examination fee of twenty-five dollars. The Secretary of State may, at any time, in his discretion, reexamine any vote recorder. The governing authority of any county possessing vote recorders at the time of the adoption of this Code may request the Secretary of State to examine such vote recorders without paying the examination fee if such request is made within ninety days after the effective date of this Code. (b) The Secretary of State shall thereupon examine or reexamine such vote recorder and shall make and file in his office a report, attested by his signature and the seal of his office, stating whether, in his opinion, the kind of vote recorder so examined can be safely used by electors at primaries and elections, as provided in this Code. If this report

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states that the vote recorder can be so used, the recorder shall be deemed approved, and vote recorders of its kind may be adopted for use at primaries and elections, as herein provided. (c) No kind of vote recorder not so approved shall be used at any primary or election, and if, upon the reexamination of any vote recorder previously approved, it shall appear that the vote recorder so reexamined can no longer be safely used by electors at primaries or elections as provided in this Code, the approval of the same shall forthwith be revoked by the Secretary of State, and no such vote recorder shall thereafter be purchased for use or used in this State. (d) When a vote recorder has been so approved, no improvement or change that does not impair its accuracy, efficiency or capacity, shall render necessary a reexamination or reapproval of the vote recorder, or of its kind. (e) Neither the Secretary of State, any custodian, or the governing authority of any county or a member of such authority, shall have any pecuniary interest in any vote recorder, or in the manufacture or sale thereof. Section 34-1220. General requirements as to vote recorders. No vote recorder shall be adopted or used unless it shall, at the time, satisfy the following requirements: (a) It shall provide facilities for voting for such candidates as may be nominated, and upon such question as may be submitted; (b) It shall permit each elector, at other than primaries, to vote a straight party or body ticket in one operation, and, in one operation, to vote for all the candidates of one party or body for presidential electors, and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates; (c) It shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all

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parties or bodies, from independent nominations, and from persons not in nomination; (d) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote; (e) It shall preclude each elector from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; (f) It shall permit voting in absolute secrecy, so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law; (g) It shall be constructed of material of good quality, in a neat and workmanlike manner; (h) It shall, when properly operated, record correctly and accurately every vote cast; (i) It shall be so constructed that an elector may readily learn the method of operating it; and (j) It shall be safely transportable. Section 34-1221. Payment for vote recorders. The governing authority of any county, which adopts vote recorders in the manner provided for by this Chapter, shall, upon the purchase thereof, provide for payment therefor by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties, to meet all or any part of the cost of the vote recorders.

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Section 34-1222. Form of ballot labels on vote recorders. (a) The ballot labels shall be printed in black ink, upon clear white material, of such size and arrangement as will suit the construction of the vote recorder, and in plain clear type so as to be easily readable by persons with normal vision. (b) The arrangement of offices, names of candidates and questions upon the ballot labels shall conform as nearly as practicable to the provisions of this Code for the arrangement of same on paper ballots. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page. (c) The form and arrangement of ballot labels shall be prepared by the superintendent. (d) In primaries, separate vote recorders may be used for each political party. If the same vote recorder is used for two or more political parties on the same day, the ballot cards of each party shall be clearly identified and so designed that only votes cast for candidates of that party will be counted by the tabulating machine. Section 34-1223. Form of ballot cards for vote recorders. Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine. A serially numbered stub and strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots. Section 34-1224. Write-in ballots. In elections, a write-in ballot shall be provided to permit an elector to vote for persons whose names do not appear on the ballot labels. The write-in ballot may be printed on the envelope into which the elector places his ballot card before it is deposited in the ballot box, or may be printed on a separate paper or card which is inserted into such envelope with the ballot card before being deposited in the ballot box. The design

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of the ballot card and the write-in ballot shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in vote not authorized by law. Section 34-1225. Preparation of vote recorders by ordinaries; duties of custodians and deputy cutodians. (a) The ordinary of each county shall cause the proper ballot labels to be placed on each vote recorder which is to be used in any election district within such county and shall cause each vote recorder to be placed in proper order for voting. (b) The ordinary shall appoint one custodian of vote recorders, and such deputy custodians as may be necessary, whose duty it shall be to prepare the vote recorders to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county such compensation as shall be fixed by the governing authority of the county. Such custodian shall, under the direction of the ordinary, have charge of and represent the ordinary during the preparation of the vote recorders as required by this Code, and he and the deputy custodians, whose duty it shall be to assist him in the discharge of his duties, shall serve at the pleasure of the ordinary. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the ordinary. (c) On or before the third day preceding a primary or election, the ordinary shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a pre-determined number of valid votes for each candidate and on each question, and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such

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votes. The tabulating machine shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected, and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The ordinary or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or election. In preparing the vote recorders, he shall arrange the recorders and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the ordinary that the recorders are in proper order with correct ballot labels. (d) No ordinary, nor custodian, nor other employee of the ordinary, shall, in any way, prevent free access to and examination of all voting machines, which are to be used at the primary or election, by any interested persons. (e) In the case of an election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, all of which shall be in the form, and according to the specifications, prescribed, from time to time, by the Secretary of State. In the case of a primary, ballot labels and other materials necessary for the preparation of the vote recorders shall be furnished free of charge to the ordinary by the political party conducting such primary. Section 34-1226. Delivery of vote recorders and supplies by ordinary to poll officers. (a) The ordinary shall deliver the proper vote recorder or vote recorders, properly furnished with ballot labels, to the polling places at least one hour before the time set for opening the polls at each primary or election, and shall cause each vote recorder to be set up in the proper manner for use in voting. The ordinary shall place each vote recorder in a voting booth so that

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the ballot labels on the recorder can be plainly seen by the poll officers when not being voted on. (b) The ordinary shall provide ample protection against molestation of and injury to the vote recorder, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary, and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the ordinary. (c) The superintendent shall furnish for each vote recorder at least one hour before the opening of the polls: (i) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and suitable for the use of poll officers in examining the vote recorder; and the lamp shall be prepared and in good order for use before the opening of the polls; (ii) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election, and accompanied by directions for voting on the vote recorder; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and (iii) A seal, for sealing the vote recorder after the polls are closed and such other materials and supplies as may be necessary, or as may required by law. Section 34-1227. Instruction of electors before primary or election. During the thirty days next preceding a general primary or election, or during the ten days next preceding a special primary or election, the ordinary shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and instruction of the electors, one or more vote recorders, containing the ballot labels, and showing the office and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names

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and arrangements of the candidates to be voted for. Such recorder or recorders shall be under the charge and care of a person competent as custodian and instructor. Section 34-1228. Voting by paper ballot. If a method of nomination or election for any candidate or office or of voting on any question is prescribed by law, in which the use of vote recorders is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of vote recorders for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of vote recorders wholly or in part is not practicable, the ordinary may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices or questions, and the primary or election conducted by the poll officers herein provided for, and the ballots counted and return thereof made in the manner required by law for such nominations, offices or questions, in so far as paper ballots are used. Section 34-1229. Unofficial ballot labels; repair of vote recorder or use of paper ballots. (a) If ballot labels for an election district, at which a vote recorder is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such district shall cause other labels to be prepared, printed or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as near as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any vote recorder being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another vote recorder substituted by the custodian or ordinary as promptly as possible, for which purpose the governing authority of the county may purchase as many extra vote recorders

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as it may deem necessary, but in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes. Section 34-1230. Custody of vote recorders. The ordinary shall designate a person or persons who shall have the custody of the vote recorders of the county when they are not in use at a primary or election, and shall provide for his compensation and for the safe storage and care of the vote recorders. All vote recorders, when not in use, shall be properly covered and stored in a suitable place or places. Chapter 34-13. Preparation for and Conduct of Primaries and Elections. Section 34-1301. Cards of instructions and supplies. Prior to each primary and election the superintendent shall prepare full instructions for the guidance of electors in election districts in which ballots are used, and also similar instructions for the guidance of electors in election districts in which voting machines are used, and the superintendent shall cause the same, together with such portions of this Code as deemed advisable, to be printed in large clear type on separate cards to be called cards of instruction. The superintendent shall also furnish blank forms of oaths of poll officers, affidavits of challenged electors, tally sheets, return sheets, and other forms and supplies required by this Code for use in each election district of the county and which are not furnished by the Secretary of State. Such forms and other supplies shall have printed thereon appropriate instructions. Section 34-1302. Voter's certificates. (a) At each primary and election each superintendent shall prepare a suitable number of voter's certificates which shall be in substantially the following form: VOTER'S CERTIFICATE

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(b) The voter's certificate shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder to be furnished by the registrars. One such binder shall be furnished by the registrars for each election district for each primary and election, and shall have printed or written thereon the words Voter's Certificates, together with the designation of the district and the date of the primary or election. (c) Notwithstanding any other provision of this Code, the superintendent may cause such form of voter's certificate to be printed on the ballot stubs when ballots are used and in such cases the use of the voter's certificate binder may be dispensed with; and, when voting machines are used, the superintendent may cause such form of certificate to be printed on the slip containing an elector's number in the order of his admission to the voting machines. Section 34-1303. Delivery of ballots and supplies to managers. (a) The cards of instruction, return sheets, tally

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sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each election district, and in districts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate sealed packages for each election district, marked on the outside so as to clearly designate the districts for which they are intended, and, in the case of districts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the election districts, to the managers in the several election districts, prior to the hour appointed for opening the polls. The managers of the respective election districts, shall, on delivery to them such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in his discretion, require the managers of the respective districts to call at his office to obtain such packages. (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each election district, a sufficient number of copies of the list of electors for such district, such list to contain all the information required by law. The list shall not contain the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be divided into as many sections as there are ballot boxes, voting machines or vote recorders in such district. Such list of electors shall be authenticated by the signatures of at least two of the registrars. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their office to obtain such lists. Section 34-1304. Time for opening and closing polls. At all primaries and elections the polls shall be opened at seven o'clock a.m. Eastern Standard Time and shall remain

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open continuously until seven o'clock p. m. Eastern Standard Time, at which time they shall be closed. Section 34-1305. Correction of errors in electors lists. The registrars shall meet at their main office during each primary or election for the purpose of considering the qualification of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list. Section 34-1306. Duties of superior courts on days of primaries and elections. At least one judge of the superior court of each judicial circuit shall be available in his circuit on the day of each primary or election from seven o'clock a. m. until ten o'clock p. m. and so long thereafter as it may appear that the process of such court will be necessary to secure a free, fair and correct computation and canvass of votes cast at such primary or election. During such period the court shall issue process, if necessary, to enforce and secure compliance with the primary or election laws; and shall decide such other matters pertaining to the primary or election as may be necessary to carry out the intent of this Code. Section 34-1307. No campaign activities within two hundred and fifty feet of polling place; extension of such distance; presence of soldiers prohibited. No persons, with the exception of candidates, shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition on any primary or election day within two hundred fifty feet (250[UNK]) of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. Section 34-1308. Meeting of poll officers on day of primary or election; duties of poll officers. (a) The poll officers shall meet in the respective places appointed for holding the primary or election in each election district at

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least thirty minutes before the hour for opening the polls on the day of each primary or election. They shall thereupon, in the presence of each other, take and subscribe in duplicate the oaths required by this Code. (b) If any chief manager shall not appear at the polling place by seven o'clock a. m. on the day of any primary or election, the assistant managers shall appoint a chief manager, who is qualified under the provisions of this Code. If any assistant manager shall not appear at such hour, the chief manager shall appoint an assistant manager, who is qualified under the provisions of this Code. If, for any reason, any vacancy in the office of manager shall not have been filled, as aforesaid, by seven thirty a. m., the electors of the district, present at such time, shall elect a qualified person to fill such vacancy. If any clerk shall not appear by seven o'clock a.m., the chief manager shall fill such vacancy by appointing a qualified person therefor. Any person, thus appointed or elected to fill a vacancy, shall take and subscribe in duplicate to the appropriate oath required by this Code. (c) After the poll officers of a district have been organized, the chief manager shall designate one of the assistant managers to have custody of the electors list. In districts in which ballots are used, the other assistant manager shall have charge of the receipt and deposit of ballots in the ballot box, the chief manager or one of the clerks shall issue the ballots to electors after they are found entitled to vote, and the other clerk shall have custody of the voter's certificate binder, and shall place the voter's certificates therein as they are received and approved. In districts in which voting machines are used, the other assistant manager or clerk shall have custody of the voter's certificate binder, and shall place the voter's certificates therein as they are received and approved, and the chief manager shall have special charge of the operation of the voting machine; provided, however, that the chief manager may make other arrangements for the division of the duties imposed by this Code, so long as each poll officer is assigned some specific duty to perform. In all election districts, the chief manager

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shall assign an assistant manager or a clerk to keep a numbered list of voters, in sufficient counterparts, during the progress of the voting. (d) Any poll officer may be assigned by the chief manager to assist another officer in the performance of his duties, or to perform them for him during his temporary absence or disability. Section 34-1309. Opening of polls; posting cards of instructions and notices of penalties; examination of voting machines. (a) In districts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them, and totally destroy all the ballots and other papers which they may find therein, before the opening of the polls. When the polling place is opened, the ballot box shall be securely locked, and shall not be opened until the close of the polls, as provided in Section 34-1320. At the opening of the polls the seals of the packages furnished by the superintendent shall be publicly broken, and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment, and not less than three such cards and notices of penalties, shall be immediately posted in or about the voting room outside the enclosed space, and such cards of instruction and notices of penalties shall be given to any elector at his request so long as there are any on hand. (b) (i) In districts in which voting machines are used, at the opening of the polls, the seals of the package furnished by the superintendent shall be publicly broken, and such package shall be opened by the chief manager. Not less than three cards of instruction and notices of penalties, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space, and such cards and notices of penalties shall be given to any elector at his request, so long as there are any on hand. Thereupon the managers, before opening the envelope containing the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine the number

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of the seal on the machine and the number registered on the protective counter or device, and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or the ordinary, and until the custodian or some other person authorized by the ordinary shall have presented himself at the polling place for the purpose of reexamining the machine, and shall have certified that it is properly arranged. But if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with mechanism for printing paper proof sheets, the poll officers shall examine the registering counters, and, for that purpose, shall open the doors concealing such countters, if the construction of the voting machine shall so require, and, before the polls are opened, each manager shall carefully examine every counter, and shall see that it registers zero (000). When the voting machine provided is equipped with mechanism for printing paper proof sheets, and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys, aforesaid, to an assistant manager to be retained by him as hereinafter provided, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero (000), and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the duplicate return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager as aforesaid, shall be retained by him until the polls have been closed, and the voting and counting mechanism of the machine shall have been locked and sealed against voting, and shall then be returned to the chief manager, for return by him to the ordinary, as hereinafter provided.

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(ii) If the ballot labels containing the names of officers, political parties and bodies, candidates and questions, shall not be in their proper places on the voting machine, the poll officers shall immediately notify the proper cutodian of voting machines, or the superintendent, and the machine shall not be used until the custodian, or some other person authorized by the superintendent, shall have supplied ballot labels, as herein prescribed. If the ballot labels for a voting machine shall not be delivered at the time required, or if after delivery, they shall be lost, destroyed or stolen, the superintendent or custodian shall cause other ballot labels to be prepared, printed or written, as nearly in the form of the official ballot labels as practicable, and shall cause such ballot labels to be used in the same manner, as nearly as may be, as the official ballot labels would have been used. (iii) The managers shall sign a certificate showing: (1) the identifying number or other designation of the voting machine; (2) the delivery of the keys in a sealed envelope; (3) the number on the seal upon the machine; (4) the number registered on the protective counter or device; (5) that all of the counters were set at zero (000); and (6) that the ballot labels are properly placed in the machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as hereinafter provided. (iv) The machine shall remain locked against voting until the polls are opened, and shall not be operated except by electors in voting. If any counter is found not to register zero (000), the poll officers shall immediately notify the custodian, or the ordinary, who shall, if practicable, adjust or cause the counters to be adjusted at zero (000), but, if it shall be found impracticable for the custodian or other person authorized by the ordinary to arrive in time so as to adjust such counters before the time set for opening the polls, the poll officers shall immediately make a written record of the designation or designating letter or number of such counter, together with the number registered thereon (herein below called the initial number) and shall sign and post the same upon the wall of the polling place, where it shall remain until the polls are closed; provided, however,

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that if the voting machine used is equipped with mechanism for printing paper proof sheets, in any case where any counter is shown by such proof sheet not to register zero (000), if it shall be found impracticable to have such counter adjusted before the time set for opening the polls, the poll officers shall sign such printed proof sheet and post the same upon the wall of the polling place where it shall remain until the polls are closed; and, in filling out the returns of the election, if the final number of such counter is greater than the initial number, the poll officers shall substract the initial number from the final number, and enter the difference on the returns as the vote for the candidate or on the question represented by such counter; if the final number of such counter is less than the initial number, the poll officers shall add one thousand to the final number and shall substract the initial number from the sum so ascertained, and shall enter upon the returns as the vote for the candidate or on the question represented by such counter the final number plus one thousand less the initial number. (v) The exterior of the voting machine, and every part of the polling place, shall be in plain view of the poll officers. The voting machine shall be located at the polling place, at least six feet back of the guard-rail or barrier, in such a position that, unless its construction shall require otherwise, the ballot labels on the face of the machine can be seen plainly by the poll officers when the machine is not occupied by an elector. (vi) The poll officers shall not themselves be, nor allow any other person to be, in any position that will permit any one to see or ascertain how an elector votes, or how he has voted. A poll officer shall inspect the face of the machine at frequent intervals, to see that the ballot labels are in their proper places, and that the machine has not been injured or tampered with. (vii) During a primary or election, the door, or other covering of the compartment containing the counters of the machine shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting

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machines, for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signatures of the poll officers, or except upon the written order of the ordinary, for good and sufficient reason, which shall be stated in the order. Section 34-1310. Manner of applying to vote; persons entitled to vote; voter's certificates; entries to be made on voter's certificates; numbered lists of voters. (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature, and the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, shall also be entered by a poll officer upon the electors list. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose. (b) If any elector was unable to sign his name at the time of registration, or, if having been able to sign his name when registered, he subsequently shall have become, through physical disability, unable to sign his name when he applies to vote, he shall establish his identity to the satisfaction of the poll officers, and in such case he shall not be required to sign a voter's certificate, but a certificate shall be prepared for him by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer. (c) Except as provided in Sections 34-629 and 34-1407, no person shall vote at any primary or election at any polling place outside the election district in which he resides,

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nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors list of such election district. Section 34-1311. Voter's Certificate Binder. After each elector has been admitted to vote, his voter's certificate shall be inserted in the binder provided therefor by the registrars, and known as the Voter's Certificate Binder, and such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers. Section 34-1312. Duties of primary and election officials performed in public. Superintendents, poll officers and other officials, engaged in the conduct of primaries and elections held under the provisions of this Code, shall perform their duties in public. Section 34-1313. Admission of voters within enclosed space. (a) No elector shall enter the enclosed space until he is found entitled to vote. (b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in districts in which ballots are used, shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under the provisions of Section 34-628 (c), the poll officer shall write the word Challenged and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector, but if an elector inadvertently spoils a ballot, he may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately cancelled and at the close of the polls

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shall be enclosed in an envelope, sealed and returned to the superintendent. (c) In districts in which voting machines are used, an elector, after being found to be qualified and admitted within the enclosed space, shall be admitted to the voting machine booth as soon as it is vacant, and shall be permitted to vote. Section 34-1314. Method of marking ballots and depositing same in districts in which ballots are used. (a) In districts in which ballots are used, the elector, after receiving his ballot, shall retire to one of the voting compartments, and draw the curtain or shut the screen or door, and shall then prepare his ballot; provided, however, an elector may, before entering the voting booth, ask for instructions concerning the manner of voting, and a poll officer shall give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire and the elector shall forthwith vote. (b) At primaries, the elector shall prepare his ballot in the following manner: He shall vote for the candidates of his choice for nomination or election, according to the number of persons to be voted for by him, for each office, by marking out the name of each candidate for whom he does not wish to vote. (c) At elections, the elector shall prepare his ballot in the following manner: He may vote for the candidate of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by making a cross (X) or check ([UNK]) mark in the square opposite the name of the candidate, or he may write, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the marking of a cross (X) or check ([UNK]) mark. If he desires to vote for every candidate of a political party or

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body, he may make a cross (X) or check ([UNK]) mark in the square opposite the name of the party or body of his choice in the party or body column on the left of the ballot, and every such cross (X) or check ([UNK]) mark shall be equivalent to and be counted as a vote for every candidate of a party or body so marked. If he desires to vote for the entire group of presidential electors nominated by any party or body, he may make a cross (X) or check ([UNK]) mark in the appropriate square at the left of the names of the candidates for President and Vice President of such party or body. In case of a question submitted to the vote of the electors, he may make a cross (X) or check ([UNK]) mark in the appropriate square opposite the answer which he desires to give. (d) Before leaving the voting compartment, the elector shall fold his ballot, without displaying the markings thereon, in the same way it was folded when received by him, and he shall then leave the compartment and exhibit the back of the ballot to a poll officer who shall ascertain by an inspection of the number appearing upon the upper portion of the back of the ballot whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. If the ballot is marked Challenged, the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked Challenged, deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted. Section 34-1315. Instructions of electors and manner of voting in districts in which voting machines are used. (a) If any elector, before or after entering the voting machine booth and before the closing of such booths, shall ask for instructions concerning the manner of voting, a poll officer may give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote

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any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire, and the elector shall forthwith vote. (b) At primaries, before an elector is admitted to the voting machine, it shall be adjusted by the poll officer in charge thereof, so that such elector will only be able to vote for the candidates of the party in whose primary he is then participating. (c) At primaries, he shall vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate is placed. At elections, he may vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the names of candidates of his choice are placed, or he may vote a straight political party or body ticket in one operation by operating the straight political party or body lever of the political party or body of his choice. He may also, after having operated the straight party or body lever, and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual key, handle, pointer or knob of such candidate, and may thereupon vote for a candidate of another party or body for the same office by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer or knob corresponding to the answer which he desires to give. (d) An elector may, at any election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate, by a write-in ballot, containing the name of such person, deposited, written or affixed (but not by the use of a sticker or paster) in or upon the appropriate receptacle or device provided in or on the machine for that purpose, and in no other manner. Where two or more persons are to be elected to the same office, and the name of each candidate is placed upon or

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adjacent to a separate key, handle, pointer or knob, and the voting machine requires that all write-in ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear. With these exceptions, no write-in ballot shall be cast on a voting machine for any person for any office, whose name appears on the machine as a candidate for that office, and any ballot so cast shall be void and not counted. (e) At any general election at which presidential electors are to be chosen, each elector shall be permitted to vote by one operation for all the presidential electors of a political party or body. For each party or body nominating presidential electors, a ballot label shall be provided containing only the words Presidential Electors, preceded by the name of the party or body and followed by the names of the candidates thereof for the office of President and Vice President, and the corresponding counter or registering device shall register votes cast for such presidential electors when thus voted for collectively. If an elector desires to vote a ticket for presidential electors made up of the names of persons nominated by different parties or bodies, or partially of names of persons so in nomination and partially of names of persons not in nomination by any party or body, or wholly of names of persons not in nomination by any party or body, he may write or deposit a paper ballot prepared by himself in the receptacle provided in or on the machine for the purpose. The machine shall be so constructed that it will not be possible for any one elector to vote a straight party or body ticket for presidential electors and at the same time to deposit a ballot for presidential electors in a receptacle as hereinabove provided. When the votes for presidential electors are counted, the votes appearing upon the counter or registering device corresponding to the ballot label containing the names of the candidates for President and Vice President of any party or body shall be counted as votes for each of the candidates for presidential elector of such party or body, and thereupon all candidates for

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presidential elector shall be credited, in addition, with the votes cast for them upon the ballots deposited in the machine, as hereinabove provided. (f) As soon as the elector has adjusted the voting machine so that it will record his choice for the various candidates to be voted for, and his answers to the various questions submitted, he shall operate the recording mechanism, and immediately leave the voting machine booth. (g) If an elector's right to vote has been challenged pursuant to Section 34-628 (c) the elector shall not be permitted to vote on the voting machine, but shall vote by ballot in the manner prescribed by this Code. Section 34-1316. Manner of voting in districts in which vote recorders are used; duties of poll officers. (a) In districts in which vote recorders are used, the procedure for an elector to obtain a ballot card, to record his vote thereon, and to deposit his ballot card in the ballot box, shall conform to the procedure herein prescribed for paper ballots in so far as practicable. (b) If an elector shall ask for instructions concerning the manner of voting, a poll officer may give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire, and the elector shall forthwith vote. (c) If an elector spoils or defaces a ballot card or writein ballot, he shall place it in the envelope and return it to the managers and receive another. A manager shall immediately cancel the spoiled ballot card by writing the word spoiled across the envelope in ink, and shall place the envelope, with the ballot card inside, in the container for spoiled ballots.

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(d) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is challenged, shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is challenged, then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked challenged. (e) The poll officers shall, from time to time, inspect the face of each vote recorder and the ballot labels to determine that the recorder and the ballot labels have not been damaged or tampered with. (f) If any vote recorder becomes damaged so as to render it inoperative in whole or in part, the chief manager shall promptly notify the ordinary or custodian, who shall have such vote recorder repaired or replaced. Section 34-1317. Assistance in voting. (a) No elector shall receive any assistance in voting at any primary or election: Unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before an elector shall be permitted to receive assistance, he shall take an oath which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath. (b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector, except a poll officer, who is a resident of the election district in

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which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary or election. (c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection. Section 34-1318. Ballots to be issued by poll officers only; ballots not to be removed; official ballots only to be deposited or counted. No official ballot shall be taken or detached from its stub in any book of ballots, except by a poll officer when a person desiring to vote has been found to be an elector entitled to vote. Not more than one ballot shall be removed at any one time or given to an elector, except in the case of a spoiled ballot as provided by this Chapter. No person other than the poll officers shall take or remove any ballot from the polling place. Only official ballots shall be deposited in the ballot box and counted, except as herein otherwise provided. If any ballot appears to have been obtained otherwise than from the superintendent as provided by this Chapter, the same shall not be counted, and the chief manager shall transmit such ballot to the solicitor general without delay, together with whatever information he may have regarding the same. Section 34-1319. Regulations in force at polling places. (a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another, except when giving assistance as permitted by this Code. (b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time, and

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if he shall refuse to leave after such period, he shall be removed by the poll officers. (c) No elector, except a poll officer, shall re-enter the enclosed space after he has once left it, except to give assistance as provided in this Code. (d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter be posted up within the said room, except as required by this Code. (e) All persons, except poll officers, persons in the course of voting, person lawfully giving assistance to electors, and peace officers, when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. (f) When the hour for closing the polls shall arrive, all electors who have already qualified, and are inside the enclosed space, shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so, if found qualified, but no other persons shall be permitted to vote. (g) It shall be the duty of the chief manager to secure the observance of the provisions of this section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this Chapter. Section 34-1320. Duties of poll officers after the close of the polls in districts in which ballots are used. After the polls are closed and the last elector has voted in districts in which ballots are used, the poll officers shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and cancelled, shall be announced to all present

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in the voting room, and entered on the general returns of votes cast at such primary or election. The poll officers shall then compare the number of electors voting as shown by the stubs with the number of names shown as voting by the electors list, voter's certificates, and the numbered list of voters, and shall announce the result, and shall enter on the general returns the number of electors who have voted, as shown by the voter's certificates. If any differences exist, they shall be reconciled, if possible, otherwise they shall be noted on the general returns. The electors list, the voter's certificates, the numbered list of voters and the stubs of all ballots used, together with all unused ballots, and all spoiled and cancelled ballots, and all rejected voter's certificates shall then be placed in separate packages, containers or envelopes, and sealed, before the ballot box is opened. Section 34-1321. Count and return of votes in districts in which ballots are used. (a) After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein. The ballots shall then be counted one by one, and a record made of the total number. Then the chief manager, under the scrutiny of one of the assistant managers and in the presence of the other poll officers, shall read aloud the names of the candidates marked or written upon each ballot, together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions submitted, if any, and the other assistant manager and clerks shall carefully enter each vote as read, and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person while handling the ballots shall have in his hand any pencil, pen, stamp or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to canvass and compute the votes cast, and shall not adjourn or postpone the canvass or computation until it shall have been fully completed.

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(b) When the vote cast for the different persons named upon the ballots and upon the questions, if any, appearing thereon, shall have been fully recorded in the tally papers and counted, the poll officers shall duly certify to the number of votes cast for each person and question, and shall prepare in ink a sufficient number of general returns, showing, in addition to the entries made thereon as aforesaid, the total number of ballots received from the superintendent, the number of ballots cast, the number of ballots declared void, and the number of ballots spoiled and cancelled, and any blank ballots cast, as well as the votes cast for each candidate. At elections, the number of votes cast for each candidate by each political party or body of which such candidate is a nominee shall be separately stated. (c) In returning any votes cast for any person whose name is not printed on the ballot, the poll officers shall record any such names exactly as they were written on the ballot. Section 34-1322. What ballots shall be counted; manner of counting; defective ballots. Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation or defect in the vote for any candidate shall render void the vote for such candidate, but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office, but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked, or improperly or defectively marked, so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots. (b) At elections, any ballot marked by any other mark

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than a cross (X) or ([UNK]) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or ([UNK]) thereon is irregular in form. A cross (X) or check ([UNK]) mark in the square opposite the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body so marked. Any erasure, mutilation or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. Any ballot indicating a write-in vote for any person whose name is not printed on the ballot, shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([UNK]) mark is placed before the name of such person. Section 34-1323. Ballot decisions to be made by assistant managers; duty of chief manager. Decisions concerning questionable marks on ballots or defacing or mutilation of ballots, and the count to be recorded thereon, shall be made by the assistant managers, and if they shall disagree, the chief manager shall make the decision. Section 34-1324. Signing and disposition of returns, electors list and voter's certificates; posting; return of ballot boxes. (a) Immediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be immediately posted for the information of the public outside the polling place, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officers shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and cancelled, together with the voter's certificates, one set of tally papers, one general

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return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent, and the superintendent shall not compute any returns from any election district until the ballot boxes therefor, as well as the package of unused ballots and other election supplies therefrom are so delivered. (b) The tally papers, affidavits of voters and others, including oaths of poll officers, and one general return sheet shall be placed in separate envelopes, to be provided for that purpose, and sealed as soon as the count is finally completed. All of such envelopes and one numbered list of voters, previously sealed as aforesaid, shall be entrusted to the chief manager to be immediately delivered to the superintendent. (c) Immediately upon completion of the count and tabulation of the votes cast, the electors list shall be sealed and returned immediately by the chief manager to the superintendent who shall transmit it to the registrars. Section 34-1325. Duties of poll officers after the close of the polls in districts in which voting machines are used. As soon as the polls are closed and the last elector has voted, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mechanism will be prevented from operation, and they shall then sign a certificate stating: (i) that the machine has been locked against voting and sealed; (ii) the number, as shown on the public counter; (iii) the number on the seal which they have placed upon the machine; (iv) the number registered on the protective counter or device; and (v) the number or other designation of the voting machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as herein provided. The poll officers shall then compare the number, as shown by the public counter of the

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machine, with the number of names appearing on the numbered list of voters, the electors list and voter's certificates, which shall then be placed in separate packages, containers or envelopes and sealed. Section 34-1326. Canvass and return of votes in districts in which voting machines are used. (a) If the type of voting machine provided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then make visible the registering counters, and, for that purpose, shall unlock and open the doors, or other covering concealing the same, giving full view of all the counter numbers. If the voting machine is equipped with mechanism for printing paper proof sheets, the poll officers shall forthwith print not less than four proof sheets, and as many more as may be requested by those present to the extent of the machine's capacity. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. The counters shall not be read consecutively along the party or body rows or columns, but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next. (b) The vote as registered shall be entered by the poll officers, in ink, on duplicate return sheets, and also on a general return sheet and statement, all of which, after the canvass is completed, shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general or duplicate return sheets or statement, he shall write his reasons therefor upon such sheets. The vote for presidential

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electors shall be computed and returned as provided in Section 34-1314(c). If more than one voting machine is used in any election district, the vote registered on each machine shall be ascertained in like manner, and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate, and for and against each question, shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of electors who have voted, as shown by the numbered list of voters, electors list, and voter's certificates, and the number on each machine, as shown by the public counters, and also the number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine unsed shall also be entered thereon. In the case of primaries, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns, and all other reports have been fully completed and checked by the poll officers. During such time, any candidate or his representative who may desire to be present shall be admitted to the polling place. (c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by the chief manager, who shall read the name of each candidate, the designation or designating numbers and letters of his counters, and the vote registered on each counter, also the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the paper proof sheets, as the case may be, and any necessary corrections shall then and there be made by the poll officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed, in or upon the voting machine, shall be enclosed in properly

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sealed packages, and properly endorsed, and shall be delivered by the chief manager as hereinafter provided. The chief manager shall promptly deliver to the ordinary, or his representative, the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers, stating the number of the machine, the election district where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls. (d) The poll officers, on the foregoing returns, shall record any votes which have been cast by means of a writein ballot for a person whose name is not printed on the ballot labels. In returning any such votes which have been writen, deposited or affixed upon receptacles or devices provided for the purpose, the poll officers shall record any such names exactly as they were written, deposited or affixed. Section 34-1327. Disposition of returns; posting; return of electors list and voter's certificates. (a) The general return sheet, duplicate return sheets, and statement, shall be printed to conform with the type of voting machine used, and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name. Immediately after the vote has been ascertained, the statement thereof shall be posted on the door of the polling place. Duplicate return sheets, voter's certificates, numbered list of voters, oaths of poll officers, and affidavits of voters and others, shall be sealed up and given to the chief manager, who shall deliver them, together with the general return sheet and the package of ballots deposited, written or affixed in or upon the voting machine, to the superintendent. If the type of voting machine is equipped with mechanism for printing paper proof sheets, one of such proof sheets shall be posted on the door of the polling place with such statement; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the chief manager to the

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superintendent. The printed proof sheet returned with the general return sheet, and the printed proof sheet returned with the duplicate return sheet, shall each be part of the return of the primary or election. (b) Immediately upon the completion of the count and tabulation of the vote cast, the electors list shall be sealed and returned immediately by the chief manager to the superintendent who shall transmit it to the registrars. Section 34-1328. Duties of poll officers after the close of the polls in districts in which vote recorders are used. As soon as the polls are closed and the last elector has voted in election districts in which vote recorders are used, the poll officers shall: (a) Place the voter recorders under lock or seal; (b) Open each ballot box and count the number of ballots cast; (c) Examine the ballot cards and separate the write-in ballots for later counting; (d) Place ballot cards in the ballot container to be taken to the tabulating machine center; (e) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector, so that write-in ballots may be identified with the corresponding ballot cards; (f) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot, in combination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot card of such elector shall be returned to the envelope, on which shall be written

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a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where a duplicate ballot card shall be made on which any invalid vote shall be omitted; (g) After the write-in ballots have been counted and the returns prepared, the write-in ballots shall be placed in an envelope marked Write-in Ballots and the designation of the polling place and the number of write-in ballots contained therein shall be placed on such envelope, which shall be sealed and signed by the managers; and such envelope shall then be placed in the ballot container with the other ballot cards; (h) Any ballot card that is so torn, bent or mutilated that it may not be counted by the tabulating machine, shall be placed in an envelope marked Defective Ballots and placed in the container with other ballot cards; and (i) In the event that paper ballots are used in conjunction with ballot cards, the counting of the paper ballots shall be conducted as provided by law. Section 34-1329. Return in districts in which vote recorders are used. Upon completion of the count of write-in votes, the managers shall prepare and sign a return, in sufficient counterparts, showing: (a) the number of valid ballot cards, including any that are damaged; (b) the number of write-in ballots voted, and the tally of the write-in votes; (c) the number of spoiled and invalid ballot cards; and (d) the number of unused ballot cards. The managers shall then place one counterpart of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in envelopes, in the ballot card container, which shall be sealed and signed by the managers so that it cannot be opened without breaking the seal. The managers shall deliver the container to the tabulating machine center, or other place designated by

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the superintendent, and shall receive a receipt therefor. The remaining counterparts of the returns, unused ballot cards, records, vote recorders, and other materials shall be returned in the same manner as similar materials in election districts in which voting machines and paper ballots are used. Section 34-1330. Return of checked list and voter's certificates; registrars to keep list and certificates open to public inspection; availability to grand jury. The chief manager in each election district shall return a checked list of electors, reflecting those who voted and those who received assistance in voting and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such list and certificates open for public inspection and shall make such list and certificates available to the next grand jury for such action as may be deemed proper by the grand jury. Section 34-1331. Conduct of special elections; returns. Every special election on a proposed constitutional amendment or other question, to be voted on by the electors of the State at large, or by the electors of any political subdivision, shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto, in so far as practicable, and not inconsistent with any other provisions of this Code. All such special elections shall be conducted by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections. The returns of special elections, unless otherwise provided by law, shall be prepared and returned in like manner as returns from general elections, and shall be canvassed and computed as herein provided. Section 34-1332. Removal and storage of voting machines. As soon as possible after the completion of the count in districts in which voting machines are used, the ordinary shall have the voting machines removed to the place of storage provided for in this Code. The voting machines shall remain locked against voting for the period of

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ten days next following each primary and election, and as much longer as may be necessary or advisable because of any existing or threatened contest over the result of the primary or election, with due regard for the date of the next following primary or election, except that they may be opened and all the data and figures therein examined under the provisions of this Code, by order of any superior court of competent jurisdiction, or by direction of any legislative committee to investigate and report upon contested primaries or elections affected by the use of such machines, and such data and such figures shall be examined by such committee in the presence of the officer having the custody of such machines. Chapter 34-14. Absentee Voting. Section 34-1401. Definition. The words absentee elector, when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia who is required to be absent from the county of his residence during the time of the primary or election he desires to vote in or who because of physical disability will be unable to be present at the polls on the day of such primary or election. Section 34-1402. Application for ballot. (a) Any absentee elector or, upon satisfactory proof of relationship, his mother, father, aunt, uncle, sister, brother, spouse, or daughter or son of the age of eighteen or over, may, not more than ninety days prior to the date of the primary or election the elector desires to vote in, make an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's district to be voted at such primary or election. The application shall be in writing and shall contain the name and residence address of the elector, the address he desires to have the ballot mailed to, the identity of the primary or election he desires to vote in, and such other information as the board of registrars may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application.

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(b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a certificate of a licensed attending physician, hospital administrator or a Christian Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of primary or election. (c) The board of registrars, upon receipt of a timely application, shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the board shall grant the application and mail or deliver the ballot as hereinafter provided. If found ineligible, the board shall deny the application and promptly notify the applicant in writing of the ground of his ineligibility. In the case of an unregistered applicant, who is eligible for absentee registration, the board shall forthwith mail the ballot accompanied by a blank registration card as provided by Section 34-619 and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election; and his ballot shall be cast therein if returned to the board simultaneously with or after the return of such registration card, but not later than the close of the polls. Section 34-1403. Official absentee ballots. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as hereinafter provided. Such ballots shall be marked Official Absentee Ballot and shall be in substantially the form for ballots required by Chapter 34-11, which form shall be determined and prescribed by the Secretary of State. Section 34-1404. Envelopes for official absentee ballots. (a) The superintendent shall provide two additional envelopes for each official absentee ballot of such size and shape as shall be prescribed by the Secretary of State, in

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order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words Official Absentee Ballot, and nothing else. On the back of the larger of the two envelopes, to be enclosed within the mailing envelope, shall be printed the form of affidavit of the elector, together with the form of jurat of the person in whose presence the ballot is marked and before whom the affidavit is made, and on the face of such envelope shall be printed the name and address of the board of registrars. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State, and nothing else. (b) The affidavit and jurat referred to in subsection (a) shall be in substantially the following form:

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Section 34-1405. Duties of superintendent and board of registrars. (a) The superintendent shall, as soon as practicable prior to each primary or election, prepare and deliver an adequate supply of official absentee ballots, envelopes and other supplies as required by this Chapter, to the board of registrars for use in the primary or election. The board of registrars shall within two days after the receipt of such supplies deliver or mail official absentee ballots to all eligible applicants; and as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over three hundred miles from the main office of the board of registrars; and provided further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. (b) Each board of registrars shall maintain for public inspection a master list, arranged by election districts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Section 34-1406. Voting by absentee electors. (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector, for the purpose of voting, may appear before: (i) a postmaster or assistant postmaster of the United States while within the

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confines of the post office; (ii) any commissioned officer in the active armed service of the United States if the elector is a member of such service; (iii) any consul of the United States or his assistant; or (iv) a registrar or deputy registrar of the county of the elector's residence. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to mark the ballot with pen or pencil, in the presence of such person, but in such manner that the person admininstering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed Official Absentee Ballot. This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appears, and the address of the elector's board of registrars. The elector shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars. (b) A physically disabled elector may receive assistance in the preparing and mailing of his ballot from the person administering the oath when the disability makes such assistance necessary. An illiterate elector may also receive such assistance. (c) Anything in this Code to the contrary notwithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for the purpose of voting an absentee ballot which he has received on the ground of physical disability. Section 34-1407. Keeping and depositing ballots. (a) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. All absentee ballots returned to the board after

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the closing of the polls on the day of primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election, and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. (b) After the close of the polls on the day of the primary or election a registrar shall deliver the official absentee ballot of each elector to the managers in charge of the polling place of the election district containing the county courthouse. The managers shall examine the affidavit and jurat of each envelope. If the managers are satisfied that the affidavit and jurat are sufficient and that the absentee elector is otherwise qualified to vote, a manager shall announce the name of the elector and shall give any person present an opportunity to challenge in like manner and for the same cause as the elector could have been challenged had he presented himself in such district to vote other than by official absentee ballot. Also, the managers shall consider any absentee elector challenged when a person has previously filed with it a written challenge of such elector's right to vote. A manager shall then open the envelope in such manner as not to destroy the affidavit and jurat printed thereon and shall deposit the inner envelope, marked Official Absentee Ballot, in a ballot box reserved for absentee ballots. The managers shall record on their numbered list of voters the name of each elector whose official absentee ballot is cast at such polling place. (c) If the managers shall find that the affidavit or jurat is insufficient or that the absentee elector is otherwise disqualified to vote, the envelope shall not be opened and a poll officer shall write across the face of the envelope, Rejected, giving the reason therefor, and the board of registrars shall promptly notify the elector of such rejection. (d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write Challenged, the elector's name and the alleged cause of challenge on the back of the ballot, without disclosing

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the markings on the face thereof, and shall deposit the ballot in the ballot box. The board of registrars shall promptly notify the elector of such challenge. Section 34-1408. Ballots of deceased electors. Whenever it shall be made to appear by due proof to the managers that an absentee elector who has marked and forwarded or delivered his ballot as provided in this Chapter has died prior to the opening of the polls on the day of the primary or election, then the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots. Section 34-1409. Cancellation of ballots of electors present during primaries and elections. Whenever an elector (other than one whose physical disability prevents his attendance at the polls) is present in the county of his residence during the time the polls are open in any primary or election for which he has returned an absentee ballot for voting, such elector shall immediately appear in person before the registrars and shall request in writing that the envelope containing his absentee ballot be marked Cancelled. The registrars, after having satisfied themselves as to the identity of such elector, shall thereupon grant the request and shall notify the managers of his election district as to such action so as to permit him to vote in person in his district. Cancelled absentee ballots shall remain sealed in their envelopes and shall be disposed of in the same manner as Section 34-1407 (a) provides for absentee ballots returned too late to be cast. Section 34-1410. Postage; air mail. The postage required for mailing ballots to absentee electors, as provided in this Chapter, shall be paid by the county, except in cases where free mail delivery is furnished by the Federal Government. The board of registrars shall employ air mail in cases where it will facilitate voting by absentee electors. Section 34-1411. Custody of records; disposition of unused ballots and envelopes. All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear, shall be delivered to

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the clerk of superior court upon the conclusion of the primary or election and safely kept by him for the period required by law and then shall be destroyed. On the day following the primary or election the board of registrars shall destroy all unused absentee ballots and shall return to the superintendent all unused envelopes for transmitting such ballots. Chapter 34-15. Returns of Primaries and Elections. Section 34-1501. Office of superintendent to remain open during primaries and elections and until completion of count; reports and returns to be made public. Each superintendent shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him. Section 34-1502. Returns to be open to public inspection; exceptions. The general returns from the various districts which have been returned unsealed shall be open to public inspection at the office of the superintendent as soon as they are received from the chief managers. None of the envelopes sealed by poll officers and entrusted to the chief manager for delivery to the superintendent shall be opened by any person, except by the order of the superintendent, or of a court of competent jurisdiction. Section 34-1503. Place of meeting for computation of votes; notice; papers to be prepared; assistants to be sworn. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his office or at some other convenient public place at the county seat with accommodations for those present in so far as space permits. An interested candidate or his representative shall be permitted to keep or check his own computation of the votes cast in the several election districts as the returns from the same are read, as hereinafter directed. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicious place in the county courthouse, of the time and place when and where he will commence

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and hold his sessions for the computation and canvassing of the returns, and keep copies of such notice posted in his office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in proper manner, and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any district therein, according to the returns from the several election districts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not read, write, count or certify any return or vote falsely or fraudulently. Section 34-1504. Computation of returns by superintendent; certification; issuance of certificates of election. (a) The superintendent shall, at or before noon on the day following the primary or election, at his office or at some other convenient public place at the county seat, of which due notice shall have been given as provided by Section 34-1503, publicly commence the computation and canvassing of the returns, and continue the same from day to day until completed, in the manner hereinafter provided. For this purpose the superintendent may organize his assistants into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various districts of the county in the manner provided by this section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county and sign, announce and attest the same, as required by this section. (b) The superintendent, before computing the votes cast in any election district, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each district or the number of ballots cast. If, upon consideration by the superintendent of the returns before him from any election district and the certificates aforesaid, it shall appear that the total vote returned for any candidate or candidates

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for the same office or nomination or on any question exceeds the number of electors in such election district or exceeds the total number of persons who voted in such election district or the total number of ballots cast therein, in any such case, such excess shall be deemed a discrepancy and palpable error, and shall be investigated by the superintendent, and no votes shall be recorded from such district until an investigation shall be had, and such excess shall authorize(i) the summoning of the poll officers to appear forthwith with any primary or election papers in their possession; (ii) the production of the ballot box before the superintendent, and the examination and scrutiny of all of its contents, and all of the registration and primary or election documents whatever, relating to such district, in the presence of representatives of each party, body and candidates interested who are attending the canvass of such votes; and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent; (iii) the correction of the returns in accordance with the result of such recount; (iv) in the discretion of the superintendent, the exclusion of the poll of that district, either as to all offices, candidates, questions, and parties and bodies, or as to any particular offices, candidates, questions, or parties and bodies as to which such excess exists, if the ballot box be found to contain more ballots than there are electors registered in such election district, or more ballots than the number of voters who voted in such district at such primary or election and; (v) a report of the facts of the case to the solicitor general where such action appears to be warranted. (c) The superintendent shall first publicly account for all extra official ballots printed under the provisions of Section 34-1107. The general returns made by the poll officers from the various election districts shall then be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a district in which ballots were used, read therefrom the number of ballots issued, spoiled and cancelled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots

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furnished for each election district, including the number of extra official ballots as provided by Section 34-1107 as so furnished and the number of stubs and unused ballots and spoiled and cancelled ballots returned, shall publicly announce the number of the same respectively, and unless it appears by such number or calculations therefrom that such records, and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent. In the case of districts in which voting machines are used, there shall be read from the general return the identifying number or other designation of each voting machine used, the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after close of the same, whereupon the assistant having charge of the records of the superintendent showing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place, shall publicly announce the numbers so registered, and unless it appears that such records, and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent. (d) (i) In districts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly and in an orderly manner from the general return which has been returned unsealed, and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all districts shall be compared by one of the assistants with the tally papers from the respective districts. If any discrepancies are discovered, the superintendent shall thereupon examine all of the return sheets, tally papers and other papers in his possession relating to the same election district. If the tally papers and sealed general return sheet agree, the unsealed general return shall be forthwith corrected to conform thereto. But in every other case the superintendent shall forthwith cause the ballot box of the district to be

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opened and the vote therein to be recounted in the presence of interested candidates or their respresentatives, and if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear forthwith with all election papers in their possession. (ii) In districts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly and in an orderly manner from the general return sheet which has been returned unsealed, and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed, and if the voting machine is of the type equipped with mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall thereupon examine all of the return sheets, proof sheets and other papers in his possession relating to the same election district. Such proof sheets shall be deemed to be prima facie evidence of the result of the primary or election and to be prima facie accurate, and if the proper proof sheets properly identified, shall be mutually consistent, and if the general and duplicate returns, or either of them, from such district shall not correspond with such proof sheets, they shall be corrected so as to correspond with same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent. (iii) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly regardless of any fraudulent or erroneous returns presented to him, and shall report the facts to the appropriate solicitor general for action. (e) (i) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the tabulating machine center shall be deputized by the superintendent, and only persons so deputized shall touch

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any ballot card, container, paper, or machine utilized in the conduct of the count, or be permitted to be inside the area designated for officers deputized to conduct the count. All proceedings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his authorized deputy shall touch any ballot cards or ballot card container. (ii) At the tabulating machine center the seal on each container of ballot cards shall be inspected and certified that it has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not commingled with the ballot cards of other polling places. (iii) If it apepars that a ballot card is so torn, bent or otherwise defective that it cannot be processed by the tabulating machine, the officer in charge of the tabulating machine shall have a true duplicate copy prepared for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the word Duplicate and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall, after inspection, be duplicated in the same manner, except that the invalid vote shall not be recorded on the duplicate ballot. (iv) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this Code for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this Code. The ballot cards, write-in ballots, spoiled, defective and invalid

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ballot cards and returns shall be filed and retained in the same manner as provided by this Code for paper ballots. (v) The final canvass of the votes cast on vote recorders and counted by tabulating machines in a primary or election may be made by adding the results as determined by the superintendent, to the results of the canvass of votes cast by absentee electors and write-in votes, and making the statement of the vote in the manner provided for the particular primary or election. If paper ballots or voting machines are used in part of the county for all or a part of the primary or election, such votes shall be canvassed in the manner provided by this Code, and shall be added to the votes cast on ballot cards as provided by this Code. (f) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the election district of the elector casting such ballot. (g) Recanvass of vote. Whenever it shall appear that there is a discrepancy in the returns of any election district, or, upon petition of three electors of any district, verified by affidavit, that an error, although not apparent on the face of the returns, has been committed therein, or of his own motion, the superintendent shall at any time prior to the completion of the computation of all of the returns for the county, summon the poll officers of the district, and such officers, in the presence of the superintendent, shall make a record of the number of the seal upon the voting machine, and the number on the protective counter or other device; shall make visible the registering counters of such machine, and without unlocking the machine against voting, shall recanvass the vote cast thereon. Before making such recanvass, the superintendent shall give notice in writing to the custodian of voting machines, and to each candidate, and to the county chairman of each party or body, affected by the canvass, and each such candidate may be present in person, or by representative, and each of such parties or bodies, may send two representatives to be present at such recanvass. If, upon such recanvass, it shall be found that the original canvass of the returns has been correctly made from the machine, and that the discrepancy still remains

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unaccounted for, the superintendent, with the assistance of the custodian, in the presence of the poll officers and the authorized candidates and representatives, shall unlock the voting and counting mechanism of the machine, and shall proceed thoroughly to examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in returns from such machine. Each counter shall be reset at zero (000) before it is tested, after which it shall be operated at least one hundred times. After the completion of such examination and test, the custodian shall then and there prepare a statement, in writing, giving in detail the result of the examination and test, and such statement shall be witnessed by the persons present, and shall be filed with the superintendent. If, upon such recanvass, it shall appear that the original canvass of the returns by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly; provided, however, that in the case of returns from any election district wherein the primary or election was held by the use of a voting machine equipped with mechanism for printing paper proof sheets, such proof sheets, if mutually consistent, shall be deemed to be prima facie evidence of the result of the primary or election and to be prima facie accurate, and there shall not be considered to be any discrepancy or error in the returns from any such district, such as to require a recanvass of the vote, if all available proof sheets, from the voting machine used therein, identified to the satisfaction of the superintendent and shown to his satisfaction to have been produced from proper custody, shall be mutually consistent, and, if the general and duplicate returns, or either of them, from such district shall not correspond with such proof sheets, they, and all other papers being prepared by the superintendent, shall be corrected so as to correspond with the same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent by the weight of the evidence, and only in such case shall the vote of such election district be recanvassed under the provisions of this Section. (h) As the returns from each election district are read, computed and found to be correct or corrected as aforesaid,

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they shall be recorded on the blanks prepared for the purpose until all the returns from the various election districts which are entitled to be counted shall have been duly recorded, when they shall be added together, announced and attested by the assistants who made and computed the entries respectively and signed by the superintendent. At the expiration of five days after the completion of the computation of votes, in case no petition for a recount or recanvass has been filed in accordance with the provisions of this Code, or upon the completion of the recount or recanvass if a petition therefor has been filed within five days after the completion of the computation of votes, the superintendent shall certify the returns so computed in such county in the manner required by this Code, unless upon appeals taken from any decision, a court of competent jurisdiction shall have directed any returns to be revised, or unless in case of a recount, errors in such returns shall have been found, in which case such returns shall be revised, corrected and certified accordingly. The ordinary shall thereupon, in the case of elections, issue certificates of election to the successful candidates for all county offices to be filled by the votes of electors of such county. Section 34-1505. Manner of computing write-in votes. The superintendent, in computing the votes cast at any election, shall compute and certify write-in votes exactly as such names were written on the ballot, or deposited or affixed in or on receptacles for that purpose, and as they have been so returned by the poll officers. Section 34-1506. Copy of certified returns to be filed; primary returns; returns forwarded to Secretary of State. (a) After the certification of the returns of any primary or election, as provided by Section 34-1504, the superintendent shall retain in his office one copy of the returns so certified. (b) In the case of a primary, each county executive committee shall make the return required by the rules of its party. (c) The returns of every election of Governor, Lieutenant Governor, Secretary of State, Attorney General, State

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School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be sealed up by the ordinary separately from the other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and shall be transmitted to the Secretary of State, who shall, without opening such returns, cause the same to be laid before the Senate on the day after the two Houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives. (d) In the case of elections of Federal and State officers, except those officers named in Subsection (c) above, a separate certificate showing totals of the returns cast for each of such officers respectively, shall also be forwarded by the ordinary to the Secretary of State on forms furnished by the Secretary of State. (e) The returns and certificates referred to in subsections (c) and (d) above shall be accompanied in each election with a numbered list of voters from each election district involved. Section 34-1507. Secretary of State to tabulate, compute and canvass certain returns. Upon receiving the certified returns of any election from the various ordinaries, the Secretary of State shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates described in Section 34-1506 (d), and upon all questions voted for by the electors of more than one county, and shall thereupon certify and file in his office the tabulation thereof. Section 34-1508. Returns of county and militia district officers commissioned by Governor to be transmitted to Governor; commissions; contests. (a) In case of the election of any county officer, justice of the peace, constable or other officer required by law to be commissioned by the Governor in any of the several counties of this State, it shall be the duty of the ordinary to transmit immediately to the Secretary of State a certified copy of the returns for all such offices. The Secretary of State shall forthwith lay the returns so made before the Governor, and the Governor

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shall issue a commission to any persons elected to such offices, notwithstanding that the election of any such persons to any of such offices may be contested in the manner provided by this Code. (b) Whenever it shall appear by the decision of the proper tribunal having jurisdiction of a contested election, that the person to whom such commission shall have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall issue to the person who shall appear to be legally elected to such office, and the issuing of such commission shall nullify the commission already issued, and all power and authority under such commission first issued shall thereupon cease. Section 34-1509. Certification of results of referendum elections. The results of all referendum elections which are provided for by any act of the General Assembly shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the official citation of the act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications. Section 34-1510. United States Senators; Representatives in Congress; certificates of election; returns. Upon completing the tabulation of any election for United States Senator or Representative in Congress, the Secretary of State shall lay the same before the Governor, who shall immediately issue certificates of election under the seal of the State, duly signed by himself, and attested by the Secretary of State, and deliver the same to the candidates receiving a majority of the votes for the respective offices. The Governor shall also transmit the returns of such election to the President of the United States Senate, in the case of the election of a United States Senator, and to the Speaker of the House of Representatives of the United States, in the case of the election of Representatives in Congress. Section 34-1511. Members of General Assembly; certificates of election; returns. The Secretary of State shall

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issue certificates of election to the persons elected members of the Senate and House of Representatives of the General Assembly, and between the hours of twelve noon and one p. m. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective Houses. In case of a special election occurring during a session of the General Assembly, he shall present the returns thereof to the proper House as soon as received and tabulated by him. Section 34-1512. Governor and other State officers; certificates of election; commissions. The person receiving a majority of the votes for the respective offices named in Section 34-1506 (c) shall be declared elected thereto, and certificates of such elections shall be made and filed with the Secretary of State. The Secretary of State shall immediately lay before the Governor such certificates of election, except the certificate of election of Governor, whereupon the Governor shall issue a commission to each person so elected; and then the Secretary of State shall issue a commission to the person elected Governor. The Secretary of State shall immediately after tabulating and computing the returns of each election of Justice of the Supreme Court, of Judge of the Court of Appeals, of Commissioner of the Georgia Public Service Commission, of judge of the superior court, and of solicitor general, certify the result thereof to the Governor, who shall immediately issue a commission to such person. Section 34-1513. Presidential electors; certificates of persons elected. The Secretary of State, on receiving and computing the returns of the election of presidential electors, shall lay them before the Governor, who shall enumerate and ascertain the number of votes given for each person so voted for, and shall cause a certificate of election to be delivered to each person so chosen. Section 34-1514. Majority vote required to nominate or elect; exception; runoff primary or election. No candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate

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shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidates receives a majority of the votes cast, a runoff primary or election shall be held, between the two candidates receiving the highest number of votes, on the fourteenth day after the day of holding the first primary or election, unless such runoff date is postponed by court order. The candidate receiving a majority of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any runoff primary or election resulting therefrom; provided, however, that no elector shall vote in a runoff primary in violation of Section 34-624. The State executive committee of a political party holding a runoff primary in an area involving two or more counties shall make prior arrangement for financing the cost of holding same. The provisions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidate shall be nominated in the manner prescribed by the rules of the county executive committee of his county in the case of a primary, and by the provisions of any local act establishing such governing authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965. Section 34-1515. Special election on failure to nominate or elect or on death or withdrawal of officer elect. Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a runoff primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom the candidates for such nomination or office filled their notice of candidacy, shall thereupon call a special primary or election to fill such position. Section 34-1516. Delivery of ballots and other documents to clerk of superior court. Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed containers to the clerk of the superior

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court the used, unused and void ballots and the stubs of all ballots used, and one copy of each electors list, numbered list of voters, tally paper, voting machine paper proof sheet, and return, involved in the primary or election. The clerk shall hold such ballots and other documents under seal (unless otherwise directed by the superior court) until the next meeting of the grand jury and shall thereupon present such documents to the grand jury for inspection. Such ballots and other documents shall be preserved in the office of the clerk until the adjournment of such grand jury and then they may be destroyed unless otherwise provided by court order. Chapter 34-16. Electoral College. Section 34-1601. Election of presidential electors. At the November election to be held in the year 1964, and every fourth year thereafter, there shall be elected by the electors of this State persons to be known as electors of President and Vice President of the United States, and referred to in this Code as presidential electors, equal in number to the whole number of senators and representatives to which this State may be entitled in the Congress of the United States. Section 34-1602. Meeting of presidential electors; duties. The presidential electors chosen, as aforesaid, shall assemble at the seat of government of this State, at twelve o'clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States. Section 34-1603. Filling of vacancies existing in presidential electors. If any such presidential elector shall die, or for any cause fail to attend at the seat of government at the time appointed by law, the presidential electors present shall proceed to choose viva voce a person of the same political party or body, if any, as such deceased or absent presidential elector, to fill the vacancy occasioned thereby, and immediately after such choice the name of the person so chosen shall be transmitted by the presiding officer of

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the college to the Governor, who shall forthwith cause notice in writing to be given to such person of his election; and the person so elected (and not the person in whose place he shall have been chosen) shall be a presidential elector and shall, with the other presidential electors, perform the duties enjoined upon them. Section 34-1604. Compensation of presidential electors; expenses of electoral college. Each presidential elector aforesaid, shall receive from the State Treasury the sum of fifty dollars for every day spent in traveling to, remaining at, and returning from, the place of meeting aforesaid, and shall be entitled to mileage at the rate of ten cents per mile to and from his home. The reasonable expenses of the electoral college shall likewise be paid by the State Treasurer, in both cases upon warrants drawn by the presiding officer of the college. Chapter 34-17. Contested Primaries and Elections. Section 34-1701. Definitions. The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly apparent from the context: (a) The word contestant shall mean any person or persons entitled under the provisions of Section 34-1702 to contest the result of any primary or election; and (b) The word defendant shall mean: (i) the person whose nomination or election is contested; (ii) the person or persons whose eligibility to seek any nomination or office in a runoff primary or election is contested; or (iii) the public officer who formally declared the number of votes for and against any question submitted to electors at an election; as the case may be. Section 34-1702. Contest authorized; contestant. The nomination of any person who is declared nominated at a primary as a candidate for any Federal, State or county office; or the election of any person who is declared elected to any such office (except when otherwise prescribed by the Federal or State Constitution); or the eligibility of any

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person declared eligible to seek any such nomination or office in a runoff primary or election; or the approval or disapproval of any question submitted to electors at an election; may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any five electors who were entitled to vote for such person or for or against such question. Section 34-1703. Grounds for contest. A result of a primary or election may be contested on one or more of the following grounds: (a) Malconduct fraud or irregularity by any primary or election official or officials sufficient to change or place in doubt the result; (b) When the defendant is ineligible for the nomination or office in dispute; (c) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result; (d) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; (e) For any other cause which shows that another was the person legally nominated, elected or ineligible to compete in a run-off primary or election. Section 34-1704. Superior court of county of defendant's residence to have jurisdiction; presiding judge. (a) A contest case governed by the provisions of this Chapter shall be tried and determined by the superior court of the county where the defendant shall reside. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a runoff primary or election, shall be tried and determined by the superior court of the county where the defendant who received the highest number of votes shall reside.

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(b) The superior court having jurisdiction of a contest case involving nomination for or election to a Federal, State or county office filled by the vote of electors of the State-at-large or within a single judicial circuit shall be presided over by the senior judge of superior court in time of service in the judicial circuit or circuits adjoining the judicial circuit containing the county in which the contest is instituted. In any other contest case, the superior court having jurisdiction shall be presided over by the judge of superior court who resides nearest the courthouse in which the contest is filed but who resides in a judicial circuit wholly outside of the congressional or senatorial district or other area involved in the contest. (c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the senior judge described in Subsection (b) above of the institution of proceedings under this Chapter; and if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact and he shall thereupon appoint a disinterested judge of superior court, residing outside of the judicial circuit in which the contest is pending, to serve in the place of such senior judge. Such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall receive as expenses the same remuneration that he could receive for serving as judge in a court other than the court of his residence, if presiding in his circuit. Section 34-1705. Petition; contents; verification; filing; notice; special process; answer; cross action; amendment. (a) A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction, within five days after the official declaration of the result in dispute, and shall allege: (i) the contestant's qualification to institute the contest; (ii) the contestant's desires to contest the result of such primary or election and the name of the nomination, office or question involved in the contest; (iii) the name of the defendant; (iv) the name of each person who was a candidate at such primary or election for such nomination or office

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in the case of a contest involving same; (v) each ground of contest; (vi) the date of the official declaration of the result in dispute; (vii) the relief sought; and (viii) such other facts as are necessary to provide a full, particular and explicit statement of the cause of contest. (b) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for the contestant to state generally that he believes that error was committed in the counting of the votes cast for the filling of the nomination or office in dispute, or for or against the question in dispute, in one or more specified election districts, and it shall not be necessary for the contestant to offer evidence to substantiate such allegation. If a recount of the votes cast in any election district or districts shall change the result in dispute, then any aggrieved litigant may require a recount of the votes affecting such result, which were cast in any other district or districts, by amending his pleadings and requesting such relief. (c) The petition shall be verified by the affidavit of each contestant. Such affidavit shall be taken and subscribed before some person authorized by law to administer oaths, and shall state that the contestant believes the facts alleged therein are true, that according to the best of his knowledge and belief the contested result of the primary or election is illegal and the return thereof incorrect, and that the petition to contest the same is made in good faith. (d) A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court, for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which the primary or election is contested. (e) Upon such petition being filed, the clerk shall issue notice, in the form of special process directed to the sheriff of such county, requiring the defendant and any other person named in such petition as a candidate for such nomination or office, if any, to appear and answer such petition, on a day to be fixed in such notice, not more than ten days

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nor less than five days after the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant, and any other person named therein, in the same manner as petitions and process are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition and may set up by way of answer or cross action any right of interest he may have or claim in such proceeding. Any other person who was a candidate at such primary or election for the nomination or office involved and upon whom notice was served as aforesaid shall be deemed a litigant to such proceeding and may set up by way of answer or cross action any right of interest he may have or claim therein. (f) After filing, any petition, cross action or answer may be amended with leave of the court so as to include the specification of additional grounds of contest, other relevant facts or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant. Section 34-1706. Hearing; powers of court. (a) The presiding judge shall fix a place and time, within twenty days after the return day fixed in such notice to the defendant, for the hearing of the contest proceeding. Such judge may fix additional hearings at such other times and places as are necessary to promptly decide the contest. (b) The court, presided over by such judge, shall have plenary power, throughout the area in which the contested primary or election was conducted, to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Code. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any person capable of testifying concerning the same,

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and also to compel the production of evidence which may be required at such hearing, in like manner, and to the same extent as in other civil cases litigated before such court; to take testimony and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such contest. (c) The court may, in its discretion, limit the time to be consumed in taking testimony, dividing such time equitably among all litigants concerned, with a view therein to the circumstances of the matter and the proximity of the next succeeding primary or election. Section 34-1707. Jury trial. (a) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue, which under other laws of this State, the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases. (b) In a case contesting the result of a primary or election held in two or more counties, each issue to be tried by a jury shall be tried by a jury impaneled in the county where such issue or a part thereof arose. Such jury shall be impaneled by the superior court of the county in which the jury trial is to be conducted and such trial shall be presided over by the judge as described in Section 34-1704 and such trial shall proceed, in so far as practicable, as though it were being conducted in the county of the superior court having jurisdiction of the contest. (c) In a case contesting the result of a primary or election held within a single county, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case contesting the result of a primary or election held in two or more counties, the court shall require each jury impaneled to return only a special verdict in the form of a special written

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finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. Section 34-1708. Judgment; nomination, election or eligibility declared invalid; second primary or election. (a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a runoff primary or election, that qualified candidate who received the requisite number of votes, and pronounce judgment accordingly, and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved, and the clerk shall certify such determination to the defendant. (b) When a defendant, who has received the requisite number of votes for nomination, election or to compete in a runoff primary or election, is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid as regards such nomination or office, and shall thereupon call a second primary or election to fill such nomination or office.

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(c) If misconduct is complained of on the part of the poll officers of any election district, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such district would change such result. (d) Whenever the court trying a contest shall determine that the primary or election is so defective as to the nomination, officer or eligibility in contest as to place in doubt the result of the entire primary or election for such nomination, office or eligibility, then such court shall declare the primary or election to be invalid as regards such nomination, officer or eligibility, and shall thereupon call a second primary or election to fill such nomination or office. Section 34-1709. Appellate review. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or Court of Appeals as in other civil cases. Such court shall consider applications for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases. Section 34-1710. Costs; liability for. The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election be confirmed, or the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and if the judgment be against the defendant, or the result of the primary or election be set aside, he shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise. Chapter 34-19. Penalties. Section 34-1901. False statements. Any person who shall make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined or acted upon by any public official, in accordance with the provisions of this Code, shall be guilty of a misdemeanor.

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Section 34-1902. False registration. Any person who: (a) Registers as an elector knowing that he does not possess the qualifications required by law; or (b) Registers as an elector under any other name than his own; or (c) Knowingly gives a false residence when registering as an elector; Shall be guilty of a misdemeanor. Section 34-1903. Refusal to permit inspection of papers; destruction or removal; Secretary of State. (a) Any Secretary of State, or employee of his office, who wilfully refuses to permit the public inspection or copying, in accordance with the provisions of this Code, except when in use, of any return, petition, certificate, paper, account, contract, report or any other document or record in his custody, or who wilfully removes any such document or record from his office during said period, or permits the same to be removed, except pursuant to the direction of competent authority, shall be guilty of a misdemeanor. (b) Any Secretary of State, or employee in his office, who wilfully destroys or alters, or permits to be destroyed or altered, any document described in subsection (a) above during the period for which the same is required to be kept in his office, shall be guilty of a felony. Section 34-1904. Refusal to permit inspection of papers; destruction or removal; ordinaries. (a) Any ordinary, or employee of his office, who wilfully refuses to permit the public inspection or copying, in accordance with the provisions of this Code, of any general or duplicate return sheet, tally paper, affidavit, petition, certificate, paper, account, contract, report or any other document or record in his custody, or who wilfully removes any such document or record from his office during said period, or permits the same to be removed, except pursuant to the direction of any competent authority, shall be guilty of a misdemeanor.

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(b) Any ordinary, or employee of his office, who wilfully destroys or alters, or permits to be destroyed or altered, any document described in subsection (a) above during the period for which the same is required to be kept, shall be guilty of a felony. Section 34-1905. Insertion and alteration of entries in documents; removal; refusal to deliver. (a) Any person, who wilfully: (i) Inserts or permits to be inserted any fictitious name, false figure or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card or other record or document authorized or required to be made, used, signed, returned or preserved for any public purpose in connection with any primary or election; or (ii) Alters materially or intentionally destroys any entry which has been lawfully made therein; or, (iii) Takes or removes any book, affidavit, return, account, ballot or ballot card or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this Code; Shall be guilty of a felony. (b) Any person who wilfully neglects or refuses, within the time and in the manner required by this Code, to deliver any such document described in subsection (a) above into the custody of the officers who are required by this Code to use or keep the same, shall be guilty of a misdemeanor. Section 34-1906. Interfering with poll officers. Any person, including any poll officer, who wilfully prevents any poll officer from performing the duties imposed on him by this Code shall be guilty of a felony.

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Section 34-1907. Refusal to administer oath; acting without being sworn. If any manager refuses or wilfully fails to administer the oath to the poll officer in the manner required by this Code, or if any poll officer shall knowingly act without being first duly sworn, or if any such person shall sign the written form of oath without being duly sworn, or if any manager or any other person authorized to administer oaths shall certify that any such person was sworn when he was not, he shall be guilty of a misdemeanor. Section 34-1908. Nomination petitions; offenses by signers. Any person who knowingly and wilfully: (a) Signs any nomination petition, without having the qualifications prescribed by this Code; or, (b) Sets opposite the signature on a nomination petition any false statement; or, (c) Signs more nomination petitions than permitted by the provisions of this Code; Shall be guilty of a felony. Section 34-1909. False signatures and statements in nomination petitions. Any person who knowingly and wilfully: (a) Makes a false statement in any affidavit required by this Code, to be appended to or to accompany a nomination petition; or, (b) Signs any name not his own to any nomination petition; or, (c) Materially alters any nomination petition without the consent of the signers; Shall be guilty of a felony. Section 34-1910. Nomination petitions; certificates and papers; destruction; fraudulent filing; suppression. Any

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person who wilfully makes any false nomination certificate or defaces or destroys any nomination petition, nomination certificate or nomination paper or letter of withdrawal knowing the same, or any part thereof, to be falsely made, or suppresses any nomination petition, nomination certificate or nomination paper, or any part thereof, which has been duly filed, shall be guilty of a felony. Section 34-1911. Offenses by printers of ballots. Any printer employed to print any official ballots or ballot cards for use in a primary or election, or any person engaged in printing the same, who: (a) Appropriates to himself or gives or delivers or knowingly permits to be taken any of said ballots or ballot cards by any unauthorized person; or, (b) Wilfully and knowingly prints, or causes to be printed, any official ballot or ballot cards in any form other than that prescribed by the appropriate officials or with any other names or printing, or with the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this Code; Shall be guilty of a felony. Section 34-1912. Unlawful possession of ballots. Any person, other than an officer charged by law with the care of ballots or ballot cards or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his possession outside the polling place any official ballot or ballot card shall be guilty of a felony. Section 34-1913. Counterfeit and facsimile ballots or ballot cards. Any person who makes, constructs or has in his possession any counterfeit of an official ballot or ballot card, shall be guilty of a felony. This section shall not be applied to facsimile ballots printed and published as an aid to electors in any newspaper generally and regularly circulated within the State so long as such facsimile ballot is at

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least twenty-five per cent larger or smaller than the official ballot of which it is a facsimile. Section 34-1914. Destroying or delaying delivery of ballots. Any person who wilfully destroys or defaces any ballot or ballot card or wilfully delays the delivery of any ballots, or ballot cards, shall be guilty of a misdemeanor. Section 34-1915. Tampering with voting machines. Any person who: (a) Unlawfully opens, tampers with or damages any voting machine to be used or being used at any primary or election; or, (b) Wilfully prepares a voting machine, for use in a primary or election, in improper order for voting; or, (c) Prevents or attempts to prevent the correct operation of such machine; Shall be guilty of a felony. Section 34-1916. Unauthorized possession of voting machine key. Any unauthorized person who makes or knowingly has in his possession a key to a voting machine to be used or being used in any primary or election shall be guilty of a felony. Section 34-1917. Tampering with vote recorders or tabulating machines. Any person who tampers with or damages any vote recorder or tabulating machine to be used or being used at or in connection with any primary or election, or prevents or attempts to prevent the correct operation of any vote recorder or tabulating machine, shall be guilty of a felony. Section 34-1918. Destroying, defacing or removing notices, et cetera. Any person who: (a) Prior to any primary or election, wilfully defaces, removes or destroys any notice or list of candidates posted in accordance with the provisions of this Code; or,

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(b) During any primary or election, wilfully defaces, tears down, removes or destroys any card of instructions, notice of penalties, or diagram printed or posted for the instruction of electors; or, (c) During any primary or election, wilfully removes or destroys any of the supplies or conveniences funished to any polling place in order to enable electors to vote or the poll officers to perform their duties; or, (d) Wilfully hinders the voting of others; Shall be guilty of a misdemeanor. Section 34-1919. Law enforcement officer; failure to quell disturbances at polls; hindering or delaying poll officers and others. Any law enforcement officer who: (a) Wilfully neglects or refuses to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from entering, when called upon to do so by any poll officer or elector of the election district; or, (b) Wilfully neglects or refuses to maintain order and quell any disturbance if such arises at any polling place upon the day of any primary or election, when called upon to do so by any poll officer or elector of the election district; or, (c) Wilfully hinders or delays, or attempts to hinder or delay, any poll officer in the performance of any duty under this Code; Shall be guilty of a misdemeanor. Section 34-1920. Poll officers permitting unregistered persons to vote; refusing to permit qualified electors to vote; permitting unauthorized assistance of elector. Any poll officer who:

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(a) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; or, (b) Permits any person, registered as an elector, to vote knowing that such person is not qualified to vote, whether or not such person has been challenged; or, (c) Refuses to permit any duly registered and qualified person to vote at any primary or election, with the knowledge that such person is entitled to vote; or, (d) Renders assistance to an elector in voting in violation of the provisions of Section 34-1317, or knowingly permits another person to render such assistance in violation of the provisions of Section 34-1317; Shall be guilty of a misdemeanor. Section 34-1921. Frauds by poll officers. Any poll officer who wilfully: (a) Makes a false return of the votes cast at any primary or election; or, (b) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards; or, (c) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; or, (d) Makes any false entries in the electors list; or, (e) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; or, (f) Tampers with any voting machine, vote recorder or tabulating machine; or, (g) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or,

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(h) Fails to return to the officials prescribed by this Code following any primary or election any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificates, unused, spoiled and cancelled ballots or ballot cards, ballots or ballot cards deposited, written or affixed in or upon a voting machine, or any certificate, or any other paper or record required to be returned under the provisions of this Code; Shall be guilty of a felony. Section 34-1922. Omissions by poll officers. Any poll officer who wilfully: (a) Fails to file the voter's certificate of any elector actually voting at any primary or election; or, (b) Fails to record voting information as required herein; or, (c) Fails to insert in the numbered list of voters the name of any person actually voting; Shall be guilty of a misdemeanor. Section 34-1923. Prying into ballots and ballot cards. Any person who, before any ballot or ballot card is deposited in the ballot box as provided by this Code, wilfully unfolds, opens or pries into any such ballot or ballot card, with the intent to discover the manner in which the same has been marked, shall be guilty of a misdemeanor. Section 34-1924. Interference with primaries and elections. Any person who: (a) Wilfully prevents or attempts to prevent any poll officer from holding any primary or election, under the provisions of this Code; or, (b) Uses or threatens violence to any poll officer or interrupts or improperly interferes with the execution of his duty; or,

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(c) Wilfully blocks or attempts to block the avenue to the door of any polling place; or, (d) Uses or threatens violence to any elector to prevent him from voting; or, (e) Wilfully prepares or presents to any poll officer a fraudulent voter's certificate not signed by the elector whose certificate it purports to be; or, (f) Knowingly deposits fraudulent ballots in the ballot box; or, (g) Knowingly registers fraudulent votes upon any voting machine; or, (h) Wilfully tampers with any electors list, voter's certificates, numbered lists of voters, ballot box, voting machine, vote recorder or tabulating machine; Shall be guilty of a felony. Section 34-1925. Receiving unlawful assistance in voting. Any voter at any primary or election who: (a) Allows his ballot, ballot card or the face of the voting machine voted by him to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he is about to vote; or, (b) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him by the proper poll officer; or, (c) Without having made the declaration under oath or affirmation required by Section 34-1317 of this Code, or when the disability which he declared at the time of registration no longer exists, permits another to accompany him into the voting compartment or voting machine booth or to mark his ballot or ballot card or to register his vote on the voting machine or vote recorder; or,

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(d) States falsely to any poll officer that because of his inability to read the English language or because of blindness, near-blindness or other physical disability he cannot mark the ballot or ballot card or operate the voting machine without assistance; Shall be guilty of a misdemeanor. Section 34-1926. Giving unlawful assistance in voting. Any person who: (a) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with the provisions of this Code; or, (b) Interferes with any elector marking his ballot or ballot card or registering his vote; or, (c) Attempts to induce any elector before depositing his ballot or ballot card to show how he marks or has marked his ballot or ballot card; or, (d) Giving lawful assistance to another, attempts to influence the vote of the elector whom he is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter whom he is assisting; or, (e) Discloses to anyone how such person voted, except when required to do so in any legal proceeding; Shall be guilty of a misdemeanor. Section 34-1927. Poll officers permitting unlawful assistance. Any poll officer who permits a voter to be accompanied by another into the voting compartment or voting machine booth when such poll officer knows that the disability which the voter declared at the time of registration no longer exists, or that the disability which the voter declared at the time of voting did not exist, shall be guilty of a misdemeanor.

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Section 34-1928. Failure to keep and return record of assisted voters. Any poll officer who wilfully fails to keep a record, as required by the provisions of Section 34-1317, of the name of each voter who received assistance, the exact disability of any assisted voter which makes the assistance necessary, the name of each person rendering assistance to a voter, shall be guilty of a misdemeanor. Section 34-1929. Unlawful voting. Any person who votes or attempts to vote at any primary or election, knowing that he does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of the provisions of Section 34-624, shall be guilty of a misdemeanor. Section 34-1930. Repeat voting at primaries and elections. Any person who votes in more than one election district in the same primary or election, or otherwise fraudulently votes more than once at the same primary or election, or votes a ballot or ballot card other than the ballot or ballot card issued to him by the poll officers, or advises or procures another to do so, shall be guilty of a felony. Section 34-1931. Removing ballots. Any person removing any ballot from any book of official ballots, except in the manner provided by this Code, shall be guilty of a misdemeanor. Section 34-1932. Unlawful absentee voting. Any person who votes or attempts to vote by absentee ballot at any primary or election under the provisions of Chapter 34-14, not being qualified to so vote, shall be guilty of a misdemeanor. Section 34-1933. Buying or selling votes. Any person who buys or sells or offers to buy or sell, or knowingly participates in the buying or selling of votes, at any primary or election, shall be guilty of a felony. Section 34-1934. Intimidation of electors. Any person who uses or threatens to use force and violence, or in any other manner intimidates any other person, to:

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(a) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitted to electors at such primary or election; or, (b) Place or refrain from placing his name upon a register of electors; Shall be guilty of a misdemeanor. Section 34-1935. Failure to perform duty. Any public officer, or officer of a political party or body on whom a duty is laid by this Code, who wilfully neglects or refuses to perform his duty, shall be guilty of a misdemeanor. Section 34-1936. Hindering or delaying performance of duty. Any person who intentionally interferes with, hinders or delays or attempts to interfere with, hinder or delay any other person in the performance of any act or duty authorized or imposed by this Code, shall be guilty of a misdemeanor. Section 34-1937. Sale of Alcoholic Beverages on Primary or Election Days Prohibited. Any person who shall sell or buy or offer for sale any alcoholic beverages on primary or election days shall be guilty of a misdemeanor. Section 34-1938. Unauthorized Campaign Activities. Any person who violates any provision of Code Section 34-1307 shall be guilty of a misdemeanor. Section 34-1939. Count and return of votes. Any poll officer who shall count any votes before the close of the polls or before the last person has voted, whichever occurs later in point of time, on the day of any primary or election shall be guilty of a misdemeanor. Section 34-1940. Punishment for felonies. Each person convicted of a crime declared to be a felony under the provisions of this Code shall be punished by a fine not to exceed two thousand dollars ($2,000.00) or imprisonment of not less than one year nor more than three years or both

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in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court. Section 34-1941. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the provisions of this Code shall be punished by a fine not to exceed one thousand dollars ($1,000.00), confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge. Chapter 34-20. Repeals. Section 34-2001. Specific repealer. The following laws are hereby repealed in their entirety unless otherwise indicated: (a) Title 34 of the Code of Georgia of 1933, entitled Elections, as amended, and more specifically the following Chapters of said Title: Chapters 34-1 through 34-11 relating to registration of voters; Chapters 34-12 through 34-18 relating to elections for members of the General Assembly; Chapters 34-19 and 34-20 relating to rules and regulations governing all elections; Chapters 34-21 through 34-27 relating to the Governor, Congressmen, presidential electors, State House officers, county officers, justices of the peace and constables; Chapters 34-28 through 34-31 relating to contested elections; Chapter 34-32 relating to primary elections; Chapter 34-33 relating to voting by mail; Chapter 34-34 relating to political mass meetings and conventions; and Chapter 34-99 relating to crimes. (b) Subsection 7 of Code Section 40-601, as amended, relating to the duty of the Secretary of State to supply and furnish each ordinary with certain enumerated election supplies; (c) Subsection 7A of Code Section 40-601 of the Code of Georgia of 1933 relating to the method of determining contests

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as to the legal delegates to a national convention of any party polling less than 150,000 votes in Georgia in the general election of 1944; (d) Subsection 7B of Code Section 40-601 of the Code of Georgia of 1933 relating to the duty of ordinaries to furnish certain enumerated election supplies to justices of the peace and prescribing the penalty for failing to furnish such supplies. (e) An Act to repeal Code Chapter 34-14 and to repeal paragraph 7 of Section 40-601 of the Code of Georgia of 1933 and to substitute in lieu thereof a new paragraph 7 prescribing the duties of the Secretary of State with reference to furnishing all necessary forms for holding election and for other purposes, approved February 1, 1946 (Ga. L. 1946, p. 75); (f) So much of Section 59-601 of the Code of Georgia of 1933, as amended, as requires the judge of the superior court to charge the grand jury the law as to publication of campaign expenses. (g) So much of paragraph 4 of Section 23-701 of the Code of Georgia of 1933 as relates to the power of the ordinary to establish and to change election precincts; (h) Section 26-2617 of the Code of Georgia of 1933 making it a misdemeanor to destroy, take or carry away any election returns or papers connected with the holding of elections; (i) An Act to prohibit persons convicted of criminal violations of United States laws from serving as election officials or clerks under certain conditions, approved April 17, 1963, (Ga. L. 1963, p. 649); (j) An Act to provide for the wearing of badges by poll workers, approved April 12, 1963 (Ga. L. 1963, p. 506); (k) An Act to amend an Act, relating to qualifying fees in general elections, so as to apply the provisions of said

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Act to special elections, approved March 20, 1963 (Ga. L. 1963, p. 172); (l) An Act to amend an Act, relating to the qualification and registration of voters, so as to provide for additional places for registration of voters and to authorize registration by deputies, approved March 11, 1963 (Ga. L. 1963, p. 73); (m) An Act to amend an Act, relating to absentee voting of members of the military, primary dates for nomination to national and State offices and certain local offices, so as to require primaries for said offices to be held on the same date throughout the State, approved February 9, 1962 (Ga. L. 1962, p. 15); (n) An Act to provide the method of making a write-in vote, approved February 26, 1962 (Ga. L. 1962, p. 98); (o) An Act to amend Georgia Code, Section 34-1904, relating to ballots in all elections other than primaries and notice of candidacy for such elections, so as to provide the procedure for placing names on such election ballots, approved March 6, 1962 (Ga. L. 1962, p. 618); (p) An Act to amend Georgia Code, Section 34-3212, relating to the holding of primary elections, and Georgia Code, Section 34-3213, relating to run-off primary elections, so as to allocate county unit votes on the basis of population and to redefine in what instances run-off primary elections must be held, approved April 27, 1962 (Ga. L. 1962, p. 1217); (q) An Act to amend an Act, relating to recount of ballots cast in a primary, so as to provide for an appeal from the recount committee to the political authority holding the primary, approved March 6, 1962 (Ga. L. 1962, p. 678); (r) An Act relating to the fixing of reasonable qualification fees for candidates in the general election for certain county officers and members of the General Assembly, approved March 3, 1962 (Ga. L. 1962, p. 504);

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(s) An Act to amend Georgia Code, Section 34-9907, relating to the punishment for certain election offenses, so as to provide that the hiring of qualified workers to perform services for any candidate shall not be any offense within the meaning of such section, approved March 3, 1962 (Ga. L. 1962, p. 457); (t) An Act to amend an Act, relating to the dates of holding primaries, so as to provide that the date of holding primaries for the nomination of certain officers shall be the same throughout the State, approved April 5, 1961 (Ga. L. 1961, p. 432); (u) An Act to amend Georgia Code, Chapter 34-9936, relating to punishment for violation of elections laws, so as to prohibit the solicitation of votes within two hundred feet of voting places, approved April 5, 1961 (Ga. L. 1961, p. 557); (v) An Act to amend the Voter's Registration Act of 1958, so as to provide for cancellation of registration of persons who fail to vote during a period of three years, approved February 27, 1961 (Ga. L. 1961, p. 56); (w) An Act to amend the Voter's Registration Act of 1958, so as to provide a method for the determination of residence of qualified voters, approved March 7, 1960 (Ga. L. 1960, p. 257); (x) An Act to amend an Act, relating to primaries in which candidates for membership in the General Assembly may run, so as to provide such candidates may run either in a county or State primary, approved February 15, 1960 (Ga. L. 1960, p. 115); (y) An Act to amend Georgia Code, Chapter 34-33, relating to voting by mail, so as to provide a procedure for tabulating absentee ballots, approved March 7, 1960 (Ga. L. 1960, p. 203); (z) An Act to amend the Voter's Registration Act of 1958, so as to prohibit for a period of thirty days the destruction

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of records of rejected applicants, approved March 17, 1960 (Ga. L. 1960, p. 955); (aa) An Act to amend the Presidential Electors Act of 1958, so as to transfer the administrative supervision of such act to the Elections Commission, approved February 17, 1959 (Ga. L. 1959, p. 56); (ab) An Act to amend the Voter's Registration Act of 1958, so as to transfer the administrative supervision of such Act to the Elections Commission, approved February 17, 1959 (Ga. L. 1959, p. 57); (ac) An Act to amend an Act, relating to absentee voting by members of the military, so as to transfer the administrative supervision of such Act to the Elections Commission, approved February 17, 1959 (Ga. L. 1959, p. 58); (ad) An Act creating the Elections Commission, approved February 17, 1959 (Ga. L. 1959, p. 59); (ae) An Act to amend Georgia Code, Section 34-2402, relating to the election and canvassing of votes for United States Senators, so as to provide for the canvass of such votes shall be conducted by the Elections Commission, approved February 17, 1959 (Ga. L. 1959, p. 60); (af) An Act to amend Georgia Code, Sections 34-3301 and 34-3303, relating to absentee ballots, so as to change the number of days notice which must be given in order to vote by mail and to change the number of days by which the ballot must be mailed to applicant, approved February 18, 1959 (Ga. L. 1959, p. 63); (ag) An Act to amend the Voter's Registration Act of 1958, as amended, so as to clarify the cancellation of registration of electors who failed to vote within a certain period of time, approved March 10, 1959 (Ga. L. 1959, p. 182); (ah) An Act relating to the nomination and certification of presidential electors, approved March 21, 1958 (Ga. L. 1958, pp. 208-213);

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(ai) An Act relating to the qualification and registration of voters, known as the Voter's Registration Act of 1958, approved March 25, 1958 (Ga. L. 1958, p. 269); (aj) An Act to amend Georgia Code, Section 34-3301, relating to absentee voting, so as to require an elector to give a notice of at least ten days of his intention to vote by absentee ballot, approved February 15, 1957 (Ga. L. 1957, p. 39); (ak) An Act to amend an Act, relating to the hours of holding all general, special and primary elections, so as to require all polling places to be open between the hours of 7:00 a.m. and 7:00 p.m., approved February 20, 1957 (Ga. L. 1957, p. 71); (al) An Act to amend Georgia Code, Section 34-2701, relating to the time and place of election of justices of peace, so as to provide for a change in the date of such election, approved February 26, 1957 (Ga. L. 1957, p. 117); (am) An Act to amend Georgia Code, Section 34-2705, relating to the time and place of election of constables, so as to provide for a new date of such election, approved February 26, 1957 (Ga. L. 1957, p. 102); (an) An Act to amend Georgia Code, Section 34-1303, relating to the compensation received by managers and clerks of elections, so as to provide for a change in such compensation, approved March 7, 1957 (Ga. L. 1957, pp. 218-219); (ao) An Act to provide that candidates for membership in the General Assembly may run either in a county primary or State primary, approved February 20, 1956 (Ga. L. 1956, p. 159); (ap) An Act to amend Georgia Code, Chapter 34-33, relating to voting by mail by non-military electors, so as to provide for the mailing of such ballots by ordinary mail and the use of such procedures by persons with physical disabilities, approved March 9, 1956 (Ga. L. 1956, p. 682);

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(aq) An Act to amend an Act, relating to absentee voting by members of the military, so as to make the provisions of such Act apply to dependents and spouses, approved March 9, 1956 (Ga. L. 1956, p. 697); (ar) An Act to amend Georgia Code, Chapter 34-33, relating to voting by mail by non-military electors, so as to provide for the return of absentee ballots by ordinary mail, approved February 21, 1955 (Ga. L. 1955, p. 204); (as) An Act to amend Georgia Code, Chapter 34-33, relating to absentee voting, so as to provide for such voting by electors having a physical disability, approved March 16, 1955 (Ga. L. 1955, p. 732); (at) An Act providing for absentee voting by servicemen, approved February 26, 1953 (Ga. L. 1953, p. 244); (au) An Act providing for the certification of referendum elections to the Secretary of State, approved March 4, 1953 (Ga. L. 1953, p. 523); (av) An Act to amend Georgia Code, Section 34-3303 and 34-3307, relating to attestation of absentee ballots, so as to provide the qualifications of persons who act as witnesses for such ballots, approved March 12, 1953 (Ga. L. 1953, p. 579); (aw) An Act to amend Georgia Code, Section 34-1303, relating to the counting of votes, so as to provide for such counting only after the polls close, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 274); (ax) An Act to amend an Act, relating to absentee voting by members of the military, so as to provide for qualification dates and the time of holding primary elections, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 335); (ay) An Act providing for the certification and nomination of presidential and vice-presidential electors, approved February 4, 1952 (Ga. L. 1952, p. 7);

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(az) An Act to amend Georgia Code, Section 34-1303, relating to the pay of managers and clerks of elections, so as to provide for minimum compensation, approved February 15, 1952 (Ga. L. 1952, p. 197); (ba) An Act to amend the Primary Recount Law of 1941, so as to extend the provisions of such Act to all municipal elections, approved February 15, 1952 (Ga. L. 1952, p. 270); (bb) An Act to amend Georgia Code, Section 34-1303, relating to the disposition of ballots erroneously marked, so as to provide for validation of portions of ballots not erroneously marked, approved February 15, 1952 (Ga. L. 1952, p. 304); (bc) An Act providing for compensation of judges serving on recount committees, approved February 25, 1949 (Ga. L. 1949, p. 1227); (bd) An Act to amend Georgia Code, Section 34-1917, relating to the operative scope of Chapter 34-19, so as to provide that such Chapter would be operative in every county upon the recommendation of the grand jury, approved February 25, 1949 (Ga. L. 1949, p. 1291); (be) An Act providing for absentee voting by members of the military, approved February 21, 1951 (Ga. L. 1951, p. 655); (bf) An Act to amend an Act, relating to nominations to certain offices by political parties, so as to provide that primaries for such nominations shall be held on a day fixed by the State executive committee of each political party, approved February 7, 1950 (Ga. L. 1950, p. 79); (bg) An Act known as the Voter's Registration Act of 1949, providing for the qualification and registration of voters, approved February 25, 1949 (Ga. L. 1949, p. 1204), as amended; (bh) An Act to amend Georgia Code, Section 34-1904, relating to ballots in elections other than primary elections,

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so as to provide for qualification and certification of presidential electors, approved October 2, 1948 (Ga. L. 1948, Ex. Sess., p. 3); (bi) An Act to revise the election laws and to repeal all laws providing the method and manner of holding primary elections by any political party or organization, so as to divorce the State of Georgia from having anything to do in any manner, shape or form with the holding of primary elections of any political party or organization, approved February 20, 1947 (Ga. L. 1947, p. 23); (bj) An Act to amend Georgia Code, Section 34-1301, relating to election precincts in general elections, so as to provide for voting by persons residing within municipalities divided by militia district lines, approved March 9, 1945 (Ga. L. 1945, p. 387); (bk) An Act to amend an Act, relating to campaign expenses, so as to provide for the filing of reports of campaign expenses with designated officers, approved March 6, 1945 (Ga. L. 1945, p. 187); (bl) An Act to repeal Georgia Code, Sections 34-3301 and 34-3308, relating to absentee voters, so as to provide for the time and manner of giving notice of intention to vote by absentee ballot and the form of voucher to be signed by persons giving such notice, approved March 20, 1943 (Ga. L. 1943, p. 228); (bm) An Act to amend Georgia Code, Section 34-1905, relating to assistance in voting, so as to provide that voters in need of assistance may select for that purpose any freeholder of his choice, approved March 20, 1943 (Ga. L. 1943, p. 290); (bn) An Act to amend Georgia Code, Section 34-1904, relating to ballots in elections other than primaries, so as to provide that candidates for such elections must file a petition signed by five per cent of registered voters unless their political party cast five per cent of the votes in the

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last general election, approved March 20, 1943 (Ga. L. 1943, p. 292); (bo) An Act to limit the amount of money that may be expended on behalf of any candidate for any public office, approved March 17, 1943 (Ga. L. 1943, p. 441); (bp) An Act to amend Georgia Code, Section 34-406, relating to registered voters lists, so as to provide that a person whose name does not appear upon such list may vote only if he presents a certificate stating his name was omitted through inadvertence or mistake, approved March 18, 1943 (Ga. L. 1943, p. 353); (bq) An Act to provide for the hours of holding all general, special and primary elections, approved March 19, 1943 (Ga. L. 1943, p. 480), as amended; (br) An Act to create and establish a State-wide general election held biennially in August, approved March 18, 1943 (Ga. L. 1943, p. 535); (bs) An Act to provide for Georgia men and women in military service to participate in primaries and elections, approved January 7, 1943 (Ga. L. 1943, Ex. Sess., p. 2); (bt) An Act to amend Georgia Code, Section 34-1302, relating to election hours, by providing for a method to affect a change of the hours for opening and closing the polls, approved March 24, 1941 (Ga. L. 1941, p. 321); (bu) An Act to provide for the identification of voters by requiring each voter to sign his name in the Voters Identification Book, approved March 27, 1941 (Ga. L. 1941, p. 429); (bv) An Act to amend Georgia Code, Chapter 34-19, relating to elections, by providing for a secret ballot in all primary and general elections, the qualification of candidates and the duties of election managers when a ballot has been challenged, approved March 12, 1941 (Ga. L. 1941, p. 324);

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(bw) An Act to provide for a recount of the ballots in all primary elections held for the nomination of candidates for certain offices, approved March 27, 1941 (Ga. L. 1941, p. 432); (bx) An Act to amend Georgia Code, Section 34-1302, relating to the time of holding elections, so as to provide the hours certain election precincts shall remain open and that no votes shall be counted until after the polls are closed, approved February 21, 1939 (Ga. L. 1939, p. 307); (by) An Act to extend the penal laws applying to general elections to all primary elections, approved March 14, 1939 (Ga. L. 1939, p. 309); (bz) An Act to provide that primary elections shall be held in various senatorial districts only in the county entitled to furnish the nominees under the rotation system, approved March 23, 1939 (Ga. L. 1939, p. 311); (ca) An Act to create and establish a State-wide general election to be held biennially in June, approved February 24, 1937 (Ga. L. 1937, p. 712); (cb) An Act providing that in counties having a population between 7,367 and 7,377 persons, inclusive, according to the United States census of 1960 or any future such census, nominations and elections of county officials and members of the House of Representatives shall be held at the same time and shall be by a majority of the popular votes cast, approved April 9, 1963 (Ga. L. 1963, p. 3308); (cc) An Act providing that in counties having a population of between 49,200 and 49,300 persons, inclusive, according to the United States census of 1960 or any future such census, the Board of Registrars may authorize one or more deputies to notify applicants when and where to appear for an examination and authorize such deputies to subject applicants to either of the examinations provided by law, approved April 2, 1963 (Ga. L. 1963, p. 2720); (cd) An Act amending an Act providing for the use of voting machines in certain counties, said Act providing that

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in counties having a population of 100,000 to 300,000 persons, inclusive, according to the United States census of 1960 or any future such census, the name of any unopposed candidates in a political party primary may be omitted from the ballot used in such voting machine, and any such candidate shall be declared to have received the total number of votes cast in such voting machine, approved April 5, 1961 (Ga. L. 1961, p. 3153); (ce) A population Act providing for the places of registration in counties having a population of 500,000 persons or more, according to the United States census of 1960 or any future such census, approved March 17, 1961 (Ga. L. 1961, p. 162); (cf) A population Act providing that in counties having a population of 500,000 or more the registrars shall be appointed by the governing authority of any such county, approved March 17, 1961 (Ga. L. 1961, p. 164); (cg) A population Act providing that a person receiving a plurality of the votes cast at a party primary shall be the nominee of such party in counties having a population of 29,050 to 30,250 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 15, 1960 (Ga. L. 1960, p. 2104); (ch) A population Act prohibiting the solicitation of votes by any means or methods within one hundred fifty feet of any polling place in counties having a population of 27,200 to 27,500 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 17, 1960 (Ga. L. 1960, p. 2684); (ci) A population Act providing for duties and authority of deputies to the Board of Registrars in certain counties in addition to their other duties and authority in counties having a population of 114,000 to 400,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 17, 1960 (Ga. L. 1960, p. 947); (cj) A population Act providing that voting machines in counties having a population of 300,000 or more persons,

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according to the United States census of 1940 or any future such census, shall remain locked and sealed for a period of fifteen days under certain conditions, approved March 18, 1959 (Ga. L. 1959, p. 413); (ck) A population Act prohibiting the solicitation of votes within one hundred fifty feet of any polling place within a county having a population of 150,000 to 300,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 18, 1959 (Ga. L. 1959, p. 2045); (cl) A population Act providing that the nominee of any political party holding a primary for county office must receive a majority vote of those persons voting in such primary in those counties having a population of 29,050 to 30,250 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 14, 1958 (Ga. L. 1958, p. 2043); (cm) A population Act providing additional voter registration sites within counties having a population of 300,000 or more according to the United States census of 1950 or any future such census, approved March 25, 1958 (Ga. L. 1958, p. 3231); (cn) A population Act providing that the hours for holding elections shall be from 7:00 a.m. to 7:00 p.m. in all counties having a population of 31,050 to 33,050 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 15, 1957 (Ga. L. 1957, p. 2160); (co) A population Act providing that the hours of holding elections shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 31,050 to 33,050 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 13, 1957 (Ga. L. 1957, p. 3174); (cp) A population Act providing that the hours of holding elections shall be from 7:00 a.m. to 7:00 p.m. in those

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counties having a population of 118,026 to 118,100 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 13, 1956 (Ga. L. 1956, p. 2081); (cq) A population Act prohibiting the solicitation of votes within one hundred fifty feet of any voting place in those counties having a population of 27,500 to 29,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 27, 1956 (Ga. L. 1956, p. 333); (cr) A population Act providing that in those counties having a population of 300,000 persons or more according to the United States census of 1940 or any future such census, the governing authority shall have the right to rent voting machines under certain conditions, approved March 9, 1955 (Ga. L. 1955, p. 629); (cs) A population Act providing that in counties having a population of 300,000 or more, according to the United States census of 1950 or any future such census, that no person shall be elected or nominated as sheriff unless he shall receive a majority of all votes cast for the office of sheriff, and providing for a run-over in the event no person receives such majority vote, approved February 12, 1955 (Ga. L. 1955, p. 196); (ct) A population Act providing that the hours of election shall be from 6:00 a.m. to 7:00 p.m. in those counties having a population of 22,600 to 23,300 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 8, 1955 (Ga. L. 1955, p. 2255); (cu) A population Act providing that an unopposed candidate for nomination to any office may be omitted from the ballot of a voting machine in those counties having a population of 100,000 to 150,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 3, 1955 (Ga. L. 1955, p. 2592);

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(cv) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 12,160 to 12,190 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 9, 1955 (Ga. L. 1955, p. 3379); (cw) A population Act authorizing the use of voting machines in any county having a population of 300,000 persons or more according to the United States census of 1950 or any future such census, and in all municipalities located wholly or partially therein, approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 624); (cx) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 34,000 to 34,200 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 15, 1952 (Ga. L. 1952, p. 2634); (cy) A population Act providing that separate registered voters list for each voting precinct in militia districts containing more than one precinct shall be prepared by county registrars in those counties having a population of 120,000 to 145,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 8, 1951 (Ga. L. 1951, p. 66); (cz) A population Act providing that all candidates for the General Assembly must designate and qualify for a specific seat in the General Assembly by naming the incumbent candidate he desires to oppose in those counties having a population of 22,500 to 23,300 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 8, 1951 (Ga. L. 1951, p. 73); (da) A population Act to provide that all candidates for the General Assembly must designate and qualify for a specific seat in the Assembly by naming the incumbent candidate he desires to oppose in those counties having a population of 36,000 to 37,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 12, 1951 (Ga. L. 1951, p. 98);

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(db) A population Act to provide that all candidates for the General Assembly must designate and qualify for a specific seat in the Assembly by naming the incumbent candidate he desires to oppose in those counties having a population of 22,000 to 22,300 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 19, 1951 (Ga. L. 1951, p. 156); (dc) A population Act requiring that all primaries and elections must be held in public buildings in those counties having a population of 300,000 persons or more, according to the United States census of 1950 or any future such census, approved February 21, 1951 (Ga. L. 1951, p. 542); (dd) A population Act providing for the use of voting machines in those counties having within their boundaries, either wholly or partially, a city having a population of 200,000 persons or more according to the United States census of 1950 or any future such census, approved February 21, 1951 (Ga. L. 1951, p. 545); (de) A population Act regulating voting by mail in all elections in those counties having a population of 300,000 persons or more according to the United States census of 1950 or any future such census, approved February 21, 1951 (Ga. L. 1951, p. 553); (df) A population Act prohibiting solicitation of votes on election day within two hundred yards from any buildings or places used as voting places in those counties having a population of 36,000 to 37,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 21, 1951 (Ga. L. 1951, p. 758); (dg) A population Act providing that all candidates for Representative in the General Assembly shall specify the particular incumbent whom he desires to oppose in those counties having a population of 31,020 to 31,030 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 17, 1950 (Ga. L. 1950, p. 2693);

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(dh) A population Act providing the date on which all primary elections for nominating candidates for county offices shall be held in counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved February 17, 1950 (Ga. L. 1950, p. 2894); (di) A population Act relating to the method of registering voters in those counties having a population of 81,000 to 82,000 persons inclusive, according to the United States census of 1940 or any future such census, approved February 17, 1950 (Ga. L. 1950, p. 2677); (dj) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 7,681 to 7,820 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 25, 1949 (Ga. L. 1949, p. 1165); (dk) A population Act providing for the use of voting machines in all elections and primaries in those counties having a population of 60,000 to 80,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 25, 1949 (Ga. L. 1949, p. 981); (dl) A population Act providing for the use of voting machines in all elections and primaries in those counties having a population of 85,000 to 100,000 persons, inclusive, according to the United States census of 1930 or any future such census, approved February 25, 1949 (Ga. L. 1949, p. 1343); (dm) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having either wholly or partially within their boundaries a city having a population of more than 200,000 persons according to the United States census of 1940 or any future such census, approved February 25, 1949 (Ga. L. 1949, p. 1972);

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(dn) A population Act abolishing the Board of County Registrars and declaring that the Tax Collector or Tax Commissioner shall be the County Registrar, and further providing the means of registration of voters in those counties having a population of 81,000 to 82,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 17, 1947 (Ga. L. 1947, p. 70); (do) A population Act prohibiting the solicitation of votes within two hundred feet of a polling place on days of election in those counties having a population of 81,000 to 82,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 27, 1947 (Ga. L. 1947, p. 860); (dp) A population Act prohibiting and regulating the solicitation of votes on election days in those counties having a population of 28,390 to 29,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 27, 1947 (Ga. L. 1947, p. 1008); (dq) A population Act providing for the use of voting machines in those counties having a population of 100,000 to 300,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 28, 1947 (Ga. L. 1947, p. 1203); (dr) A population Act providing for the furnishing of identification certificates to persons who register to vote, and providing that said persons must display said certificates before voting in those counties having a population of 115,000 to 170,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 28, 1947 (Ga. L. 1947, p. 1236); (ds) A population Act providing for the use of voting machines in all counties having a population of 300,000 persons or more according to the United States census of 1940 or any future such census, approved January 31, 1946 (Ga. L. 1946, p. 174);

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(dt) A population Act providing that all candidates in a primary must receive a majority of the votes cast in that primary in those counties having a population of 18,525 to 18,540 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 9, 1945 (Ga. L. 1945, p. 1087); (du) A population Act providing for the preparation of separate registered voters lists for each voting precinct in militia districts containing more than one precinct in those counties having a population of 86,000 to 88,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 16, 1943 (Ga. L. 1943, p. 293); (dv) A population Act authorizing additional election precincts within a single militia district in unincorporated areas in counties having a population of 200,000 persons or more according to the United States census of 1940 or any future such census, approved March 20, 1943 (Ga. L. 1943, p. 407); (dw) A population Act to provide that all candidates for the General Assembly shall designate his opposition by naming the incumbent candidate he desires to oppose in those counties having a population of 28,500 to 28,600 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 11, 1943 (Ga. L. 1943, p. 486); (dx) A population Act requiring that the registrars preserve and dispose of applications for ballots in a certain manner in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 19, 1943 (Ga. L. 1943, p. 476); (dy) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 11,600 to 11,700 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 15, 1943 (Ga. L. 1943, p. 477);

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(dz) A population Act prohibiting the solicitation of votes on election day under certain conditions and within a given distance of polling places in those counties having a population of 7,020 to 7,030 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 11, 1943 (Ga. L. 1943, p. 478); (ea) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 19, 1943 (Ga. L. 1943, p. 480); (eb) A population Act providing that a candidate must name the incumbent candidate he desires to oppose in all primary elections in those counties having a population of 28,398 to 28,420 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 16, 1943 (Ga. L. 1943, p. 565); (ec) A population Act relating to additional information to be contained on voter registration cards in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 20, 1943 (Ga. L. 1943, p. 578); (ed) A population Act providing additional regulations for the registration of voters in all counties having a population of 12,800 to 12,900 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 20, 1943 (Ga. L. 1943, p. 581); (ee) A population Act prescribing the place of voting in any election in counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 20, 1943 (Ga. L. 1943, p. 620); (ef) A population Act providing that the hours of election shall be from 6:00 a.m. to 6:00 p.m. in certain precincts in those counties having a population of 37,000 to 41,000 persons, inclusive, according to the United States census

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of 1940 or any future such census, approved March 24, 1941 (Ga. L. 1941, p. 320); (eg) A population Act providing the means of establishing a primary date for county officers in those counties having a population of 200,000 to 500,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 27, 1941 (Ga. L. 1941, p. 431); (eh) A population Act prohibiting the solicitation of votes on election days within two hundred feet of any polling place in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved February 18, 1941 (Ga. L. 1941, p. 439); (ei) A population Act providing for the repeal of a certain Act requiring counties having a population of 29,990 to 29,998 persons, inclusive, to designate and qualify for particular seats in the General Assembly from such counties, approved February 15, 1939 (Ga. L. 1939, p. 303); (ej) A population Act providing that candidates for the General Assembly must designate and qualify for a specific seat in the General Assembly in those counties having a population of 22,878 to 22,882 persons, inclusive, according to the United States census of 1930 or any future such census, approved March 4, 1939 (Ga. L. 1939, p. 304); (ek) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 12, 610 to 12,620 persons, inclusive, according to the United States census of 1930 or any future such census, approved February 21, 1939 (Ga. L. 1939, p. 307); (el) A population Act providing that the hours of election shall be from 7:00 a.m. to 6:00 p.m. in those counties having a population of 26,204 to 26,208 persons, inclusive, according to the United States census of 1930 or any future such census approved March 24, 1939 (Ga. L. 1939, p. 308); (em) A population Act providing that the hours of election in certain precincts shall be from 7:00 a.m. to 7:00 p.m.

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in those counties having wholly or partially within their boundaries a city of 200,000 persons or more, approved February 12, 1938 (Ga. L. 1937-38 Ex. Sess., p. 250); (en) A population Act providing that candidates for the General Assembly must designate and qualify for a specific seat in the Assembly in those counties having a population of 29,990 to 29,998 persons, inclusive, according to the United States census of 1930 or any future such census, approved March 18, 1937 (Ga. L. 1937, p. 590); (eo) A population Act providing that ballots for primaries and elections need not be numbered or designated in any way in those counties having a population of 19,300 to 19,500 persons, inclusive, according to the United States census of 1930 or any future such census, approved March 21, 1935 (Ga. L. 1935, p. 117); (ep) A population Act providing that the hours for holding elections shall be from 8:00 a.m. to 3:00 p.m. in certain precincts in those counties having a population of 7,000 to 7,050 persons, inclusive, according to the United States census of 1930 or any future such census, approved March 12, 1935 (Ga. L. 1935, p. 118); (eq) A population Act providing that nominations for candidates for the General Assembly in all counties having a population of 200,000 persons or more, and for candidates for judges of the superior court in all judicial circuits in a county or counties having a population of 200,000 persons or more, according to the United States census of 1920 or any future such census, shall specify the particular incumbent whom such candidate desires to oppose, and the candidate receiving a plurality of votes cast for candidates for such office shall be declared the nominee therefor, approved August 26, 1925 (Ga. L. 1925, p. 205), as amended by an Act approved August 8, 1927 (Ga. L. 1927, p. 245), it being the intent of this repealer that the original Act, as well as all amendatory Acts thereto, be repealed in their entirety; (er) A population Act providing for the use of voting recorders and tabulating machines for recording and computing

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votes in primaries and elections in those counties having a population of 250,000 and not more than 500,000, according to the United States Census of 1960, approved March 18, 1964 (Ga. L. 1964, p. 3141); and (es) A population Act providing for the use of voting recorders and tabulating machines for recording and computing votes in primaries and elections in any county having a population of more than 500,000, according to the United States census of 1960 or by any such future census, approved March 18, 1964 (Ga. L. 1964, p. 3149); and (et) A population Act providing that a member of an executive committee of any political party or organization which may nominate candidates for political office by primary or otherwise shall be ineligible to hold other public office in or be employed by any county having a population of more than 300,000 according to the last or any future Federal decennial census, or by any political subdivision located therein, or hold office in or be employed by any political subdivision located wholly or partially within such counties, approved February 12, 1952 (Ga. L. 1952, p. 2422). Section 34-2002. Negation of Revivor. The repeal of any Act of the General Assembly, or part thereof, described in Section 34-2001, shall not revive any Act, or part thereof, heretofore repealed or superseded. Section 34-2003. Severability. If any provision of this Code or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Code or the application of the provision to other circumstances, shall not be affected thereby. Section 34-2004. Express retentions. (a) Code Section 34-2301 relating to the Congressional Districts and the composition thereof so as to designate the counties and portions thereof which shall compose the Congressional Districts of this State, as amended by an Act approved March 13, 1964 (Ga. L. 1964, pp. 478-481) is expressly retained and shall not be construed as being repealed by the provisions of this

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Code. Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled Chapter 34-18. Congressional Districts., and such Chapter is hereby made a part of this Code and is hereby inserted between Chapters 34-17 and 34-19 of this Code. (b) That Act approved March 13, 1964 (Ga. L. 1964, pp. 478-481) relating to the composition of the Congressional Districts of this State is hereby expressly retained in full force and effect. Section 34-2005. General repealer. All other laws and parts of laws in conflict with this Code are hereby repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 24, 1964. ALBANY JUDICIAL CIRCUITNAME CHANGED, SOLICITOR-GENERAL PLACED ON SALARY BASIS. Code 24-2501 Amended. No. 67 (House Bill No. 73). An Act to amend Code section 24-2501, relating to the judicial circuits of this State, as amended, particularly by an Act approved May 22, 1964 (Act No. 2, 1964 extraordinary session), so as to rename the Albany Judicial Circuit as the South Georgia Judicial Circuit; to place the solicitor-general of the South Georgia Judicial Circuit on an annual salary in lieu of the fee system of compensation; to provide for the payment of said salary; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code section 24-2501, relating to the judicial circuits of this State, as amended, particularly by an Act approved May 22, 1964 (Act No. 2, 1964 extraordinary session), is hereby amended by deleting therefrom the following: Albany Circuit, composed of the counties of Baker, Calhoun, Decatur, Mitchell and Grady, and by adding between Southern Circuit, composed of the counties of Brooks, Colquitt, Echols, Lowndes and Thomas, and Southwestern Circuit, composed of the counties of Lee, Macon, Schley, Stewart, Sumter and Webster. the following: South Georgia Circuit, composed of the counties of Baker, Calhoun, Decatur, Grady and Mitchell. Name. Section 2. The solicitor-general of the South Georgia Judicial Circuit, in addition to the compensation and allowances paid to him by the State of Georgia, shall receive an annual salary of $9,600.00 per year in lieu of the fee system of compensation, payable in equal monthly installments from the counties comprising the South Georgia Judicial Circuit and apportioned among the several counties according to the ratio which the population of each such county bears to the total population of all the counties in said Circuit, according to the United States decennial census of 1960 or any future such census. Said salary shall be in lieu of all fees and costs previously allowed the solicitor-general of the South Georgia Judicial Circuit, with the exception of that compensation and allowances paid to him by the State of Georgia. Solicitor-general. Section 3. The provisions of this Act shall become effective January 1, 1965. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 30, 1964.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA EXTRAORDINARY SESSION 1964 May 4, 1964 - June 5, 1964 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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CITY OF BARNESVILLE AND COUNTY OF LAMAR DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 2 (House Resolution No. 36-43). A Resolution. Proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; to provide for the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of members of said Authority; to provide for the duties and powers of the City of Barnesville and the County of Lamar with respect to said Authority; to provide for the issuance or revenue bonds and the validation thereof; to provide for the exemptions applicable to said Authority; 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 to be known as the `City of Barnesville and County of Lamar Development Authority', which in this amendment is hereafter referred to as the `Authority' and which shall be deemed a creature of the State of Georgia and an instrumentality of the County of Lamar and a public corporation. The name of said Authority may be changed from time to time by an act of the General Assembly. The scope and jurisdiction of the Authority is restricted to the territorial limits of Lamar County, Georgia. The County of Lamar and any municipality located therein may contract with the Authority as a publice corporation as provided by the Constitution of Georgia. Created.

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B. The Authority shall consist of five (5) members as follows: Two (2) members shall be appointed by the mayor and council of the City of Barnesville; two (2) members shall be appointed by the commissioners of roads and revenues of Lamar County and the fifth member shall be the duly elected president of the Barnesville Chamber of Commerce and in the event said Chamber of Commerce is dissolved as a corporation then and in that event the fifth member shall be appointed by the mayor and council of the City of Barnesville. The respective terms of the members shall be as follows: Members, etc. (1) The first member appointed by the mayor and council of the City of Barnesville shall be appointed for a term of five (5) years. (2) The first member appointed by the commissioners of roads and revenues of Lamar County shall be appointed for a term of four (4) years. (3) The second member appointed by the mayor and council of the City of Barnesville shall be appointed for a term of three (3) years. (4) The second member appointed by the commissioners of roads and revenues of Lamar County shall be appointed for a term of two (2) years. (5) The president of the Barnesville Chamber of Commerce shall serve for a term of one (1) year. Thereafter upon the expiration of the said designated terms, the successors shall be appointed for a term of five (5) years by the political body or bodies who appointed the member whose term is expiring with the exception of the president of the Barnesville Chamber of Commerce or the person appointed in his stead whose term shall remain at one (1) year.

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All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said political body or bodies designated by this amendment to appoint them or reelected to the office of President of the Barnesville Chamber of Commerce as the case might be. Should any member resign or be unable to serve or move beyond the territorial limits of Lamar County, as it is now situated or may hereafter be situated, his successor shall be appointed to serve the remaining term by the political body or bodies who originally appointed such member or elected him in the case of the President of the Barnesville Chamber of Commerce. Prior to taking office, the members shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Barnesville-Lamar County Development Authority, So Help Me God.' The members of said Authority shall be entitled to no compensation. C. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Quorum. D. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context: (1) The word `Authority' shall mean the City of Barnesville and County of Lamar Development Authority, created hereby. Definitions. (2) The word `project' shall be deemed to mean and include property, real and personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry,

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trade or commerce in Lamar County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the construction, installation or expansion of one or more buildings, plants or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes. (3) The term `cost of project' shall embrace the following: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improvements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping or operating any project or any part thereof. E. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes: (1) To have a corporate seal and alter the same at pleasure. (2) 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 State of Georgia and any instrumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. Powers. (3) To receive and administer gifts, grants and donations and to administer trusts.

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(4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, or otherwise encumber or dispose of land, buildings, equipment, furnishings, or property of all kinds, real and personal, within Lamar County, Georgia, and to make a contract or contracts or execute any instrument or document for the accomplishment thereof, or other purposes. (5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, or the exercise of any power or powers of said Authority. (6) To enter into any contract or contracts for any period of time not exceeding fifty (50) years. (7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, add to, develop, improve, donate, sell, lease as lessor or lessee, equip, operate and manager projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Lamar County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter.

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(10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging or assigning any or all of its funds, income or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise or be subject to under the provisions of the Revenue Bond Law (Chapter 87-8 of the Code of Georgia), as the same now is, or hereafter may be, amended. The rights, powers and privileges of the Authority are not limited to those of such municipality, however. (12) To use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions. (14) 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. (15) To adopt, alter, amend or repeal its own by-laws, rules and regulations governing the manner in which its

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business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (16) To do all things necessary and convenient to carry out the powers expressly conferred by the amendment upon the Authority. F. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty (30) years from their respective dates, bear interest at such rate or rates not exceeding seven (7%) percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Lamar County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. Laws 1937, p. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to validate such bonds, the City of Barnesville and County of Lamar Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the

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bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Bonds. G. All property, real and personal, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority, and interest thereon and income therefrom, shall be exempt from State, county, city and local taxation for any purpose. Property. H. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds. Bonds. I. The Authority shall not be authorized to create in any manner any debt, liability or obligation, against the State of Georgia, Lamar County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof. Debts. J. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the titles to which shall be in the County of Lamar or any incorporated city or town in said county, the governing authorities of the County of Lamar and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county or municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Property. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and

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personal, held by the Authority at the time of such dissolution, shall be conveyed to Lamar County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of said Authority. The Authority shall hold title only for the benefit of the public. Same. L. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed in the office of the Authority and shall be available for public inspection. Audits. M. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations thereunder. Intent. N. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in Article VII, Section VII, Paragraph V of the Constitution, the City of Barnesville and County of Lamar Development Authority is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in assisting, promoting, establishing and developing new industries, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Lamar County, Georgia, as hereinafter provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said county and to be an essential governmental function in relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources, and otherwise promoting the general welfare. Purposes. O. The said Authority is created for the purpose of assisting, promoting, establishing and developing new industry, and assisting, promoting and expanding existing

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industry, agriculture, trade and commerce within the territorial limits of Lamar County, Georgia, both within and without the limits of municipalities therein, for the public good and general welfare of said county and its citizens. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. Same. P. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Lamar and the City of Barnesville are by law authorized to undertake. Same. Q. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) 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 City of Barnesville and County of Lamar Development Authority. Against ratification of amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority.

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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 results to the Governor, who shall issue his proclamation thereon. REVISED CONSTITUTION OF GEORGIA. Proposed Amendment to the Constitution. No. 3 (House Resolution No. 6-1). A Resolution. Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1945 and all amendments thereof by striking in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV, (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), Article XV (Home Rule), Article XVI (Slum Clearance and Redevelopment), and by inserting in lieu thereof, after the preamble of the Constitution of the State of Georgia of 1945, new Articles,

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as follows: Article I (Bill of Rights), Article 2 (Legislative Branch), Article 3 (Judiciary), Article 4 (Executive Branch), Article 5 (Public Finance), Article 6 (Education), Article 7 (Counties and Municipal CorporationsHome RuleSlum Clearance and Redevelopment), Article 8 (Amendments to the Constitution), Article 9 (Miscellaneous Provisions); to provide for an effective date; to provide for the submission of this amendment, as one amendment, to the qualified voters of the State of Georgia for ratification or rejection at the general election to be held in November, 1964. Whereas, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation. Be it resolved by the General Assembly of Georgia: Section 1. That the Constitution of the State of Georgia of 1945 and all amendments thereof appearing after the preamble, be and it is hereby proposed to be amended as one single amendment by striking therefrom in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), Article XV (Home Rule), Article XVI (Slum Clearance and Redevelopment), and inserting in lieu thereof new Articles Numbers 1 through 9 inclusive, so that when so amended,

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the Constitution of the State of Georgia of 1945 shall read, beginning with the preamble, as follows: PREAMBLE To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution. ARTICLE 1 BILL OF RIGHTS SECTION 1. RIGHTS OF THE CITIZEN Paragraph 1. Origin and Foundation of Government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them. Paragraph 2. Equal Protection of the Laws. Protection to person and property is the paramount duty of government, and shall be impartial and complete. Paragraph 3. Due Process of Law. No person shall be deprived of life, liberty, or property, except by due process of law. Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both. Paragraph 5. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every

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person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation or indictment as the case may be, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. Paragraph 6. Crimination of Self not Compellable. No person shall be compelled to give testimony tending in any manner to criminate himself. Paragraph 7. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. Paragraph 8. Jeopardy of Life or Liberty More Than Once Forbidden. No person shall be put in jeopardy of life, or liberty, more than once for the same offense, save on his own motion for a new trial after conviction, or in case of mistrial. Paragraph 9. Bail; Fines; Punishment; Arrest; Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. Paragraph 10. Costs in Criminal Cases. No person shall be compelled to pay costs or suffer any lien against his property therefor, except after conviction and final adjudication on appeal, if any. Paragraph 11. Habeas Corpus. The writ of habeas corpus shall not be suspended. Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person

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or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with public peace and safety. Paragraph 13. Guarantee of Freedom of Speech and the Public's Right to Know. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty; and the public shall always have the right to be informed of the final official actions of all government agencies and Authorities. Paragraph 14. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Evidence obtained in violation of this Paragraph shall not be admissible in any Court against any person. Paragraph 15. Slavery and Involuntary Servitude. There shall be no slavery within the State of Georgia; nor involuntary servitude except as a punishment for crime after legal conviction thereof. Paragraph 16. Status of the Citizen. The social status of the citizen shall never be the subject of legislation. Paragraph 17. Civil Authority Superior to Military. The civil authority shall be superior to the military. In time of peace, no member of the armed or defense forces shall be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. Paragraph 18. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.

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Paragraph 19. Imprisonment for Debt. There shall be no imprisonment for debt. Paragraph 20. Right to Keep and Bear Arms. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Paragraph 21. Separation of Legislative, Judicial, and Executive Powers. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as otherwise provided in this Constitution. Paragraph 22. Right to Assembly and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance. Paragraph 23. Protection of Citizens. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship. SECTION 2. CERTAIN OFFENSES DEFINED Paragraph 1. Libel, Jury in Criminal Cases; New Trials. In all prosecutions or indictments for libel the truth may be given in evidence as a defense. The jury in all criminal cases shall be the judges of the law and the facts. The power of the judges to grant new trials, in case of conviction, is preserved. Paragraph 2. Treason. Treason against the State of Georgia shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No

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person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Paragraph 3. Effect of Conviction. No conviction shall cause the forfeiture of the estate of the convicted person, nor prejudice in any way the rights of his heirs. Paragraph 4. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws. Paragraph 5. Fraud; Concealment of Property. The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor. SECTION 3. PROTECTION TO PERSONS AND PROPERTY Paragraph 1. Private Ways; Just and Adequate Compensation. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid. When private property is taken or damaged for public road, street and transportation purposes by the State and the counties and municipalities of the State, or any agency of such governmental units, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly shall by law require the condemnor to make prepayment against just and adequate compensation as estimated from the sworn affidavit of the condemnor's appraiser, as a condition precedent to the exercise of the right of eminent domain, and shall provide for disbursement of the same to the end that rights and equities of the property owner, lien

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holders, the State and its political subdivisions, and others having an interest therein, may be protected. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised. Paragraph 2. Bills of Attainder; Ex Post Facto and Retroactive Laws; Laws Impairing Obligation of Contracts. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed. Paragraph 3. Wife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property inherited by her, and all property acquired by her shall remain her separate property and shall not be liable for the debts of her husband. SECTION 4. ELECTIONS Paragraph 1. Elections by the People; Electors. (a) In all elections by the people, the electors shall vote by secret ballot, which may include the use of voting machines, except that the General Assembly may provide by law for assistance in voting for those electors physically incapable of voting by themselves. (b) Every United States citizen who is a resident citizen of this State, who is at least eighteen years of age, who possesses the qualifications provided in this Paragraph and those qualifications provided by law pursuant to this Paragraph, and who is not laboring under any disqualification provided in this Paragraph or which may be provided by law pursuant to this Paragraph, shall be an elector and entitled to vote in elections by the people, if registered to do so according to law.

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(c) To entitle a person to vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six months immediately preceding such election, except that the General Assembly may provide different periods of State and county residence for persons to vote in national elections and different periods of county residence for persons to vote in State elections. (d) Every person fulfilling all the requirements of an elector, and every person who fulfills all such requirements except those of age and residence but who will fulfill those requirements by the date of the next general election, shall be entitled to register to vote, except that no person shall be allowed to register who is not at least seventeen years of age at the time of registration. (e) The General Assembly shall provide by law for (1) definitions of residence for voting purposes and of terms used in this Paragraph; (2) designation of those crimes, conviction of which will disqualify a person from becoming an elector; (3) reasonable requirements of literacy and education necessary for registration; (4) registration of electors; (5) secrecy in voting; (6) the manner and place of voting; and (7) administration of elections. (f) No person shall be eligible to register or to vote who is mentally incompetent. Paragraph 2. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Paragraph 3. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Monday in November. Paragraph 4. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice

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of his intention or candidacy was given ten or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a state general election, to the Secretary of State and by publication in a paper of general circulation in the state; in a general election of county officers, to the ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. SECTION 5. GOVERNMENTAL RIGHTS OF THE PEOPLE Paragraph 1. State Rights. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness. Paragraph 2. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. ARTICLE 2 LEGISLATIVE BRANCH SECTION 1. LEGISLATIVE POWER, WHERE VESTED Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.

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SECTION 2. SENATE Paragraph 1. Number and Apportionment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from each district by the electors thereof. The General Assembly shall have authority to rearrange and change senatorial districts. The apportionment of the Senate shall be reasonably based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official. Paragraph 2. Qualifications of Senators; Term. At the time of the beginning of the term of office to which he was elected, a member of the Senate must be a citizen of the United States at least twenty-five years of age and must have been a citizen of this State for at least four years and a resident of the territory from which elected for at least one year immediately preceding such time. Members of the Senate shall be elected for a term of four years and shall serve until the convening of the General Assembly in the year following the fourth year of such term. The first regular election for members of the Senate under this Constitution shall be the general election of 1966. SECTION 3. HOUSE OF REPRESENTATIVES Paragraph 1. Apportionment of House of Representatives. The House of Representatives shall consist of not less than one hundred sixty-two nor more than two hundred sixteen members, and the apportionment thereof shall be as provided by the General Assembly. Paragraph 2. Qualifications of Representatives; Term. At the time of the beginning of the term of office to which he was elected, a member of the House of Representatives must be a citizen of the United States at least twenty-one years of age and must have been a citizen of this State for at

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least two years and a resident of the territory from which elected for at least one year immediately preceding such time. Members of the House of Representatives shall be elected for a term of four years and shall serve until the convening of the General Assembly in the year following the fourth year of such term. The first regular election for members of the House of Representatives under this Constitution shall be the general election of 1966. SECTION 4. OFFICERS OF THE GENERAL ASSEMBLY Paragraph 1. President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. The President of the Senate shall have no vote, except: (a) When the Senate shall be equally divided on an issue; (b) When only one additional vote shall be required for a constitutional majority; and (c) In Senate committees as prescribed by the Senate rules. Paragraph 2. Speaker of the House of Representatives. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the membership of the House of Representatives by a majority of its membership by a roll call vote thereof. Paragraph 3. Officers, Employees and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives shall be elected from the membership of their respective houses and such officers

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and the Secretary and Clerk shall be elected by a roll call vote by a majority of the membership of the respective house in which they are to serve. The compensation and allowances of the Secretary of the Senate and the Clerk of the House of Representatives shall be as fixed either by statute or by resolution of their respective houses or by both statute and such resolution. The President Pro Tempore shall act as President in case of the death, resignation or disability of the President, or in the event of the succession of the President to the executive power. When acting as President of the Senate, however, the President Pro Tempore shall have the same voting privileges as any other member of the Senate. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation or disability of the Speaker, or in the event of the succession of the Speaker to the executive power. Each house is hereby authorized to provide for its own assistants and employees and fix the compensation therefor. Interim committees may be created by or pursuant to authority of the General Assembly or either house. SECTION 5. THE GENERAL ASSEMBLY Paragraph 1. Seating and Oath of Members. Each house shall be the sole judge of the election, returns and qualifications of its members. Each member of the General Assembly before taking his seat shall take such oath or affirmation as shall be prescribed by law. Paragraph 2. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in odd-numbered years or for longer than forty days in the aggregate in even-numbered years. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such

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trial is completed. The Senate and the House of Representatives shall organize each two years in the odd-numbered years and shall be deemed to be a different General Assembly for each such two-year period. Paragraph 3. Quorum. A majority of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members as each house may provide. Paragraph 4. Adjournments. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of disagreement between the two houses on a question of adjournment, the Governor may adjourn either or both of them. Paragraph 5. Eligibility; Appointments Forbidden. No person on extended active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolument or compensation annexed thereto under the United States, this State or any other state, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house of the General Assembly. No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto during the time for which he shall have been elected unless he shall first resign his seat. During the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term. Paragraph 6. Removal from Territory. The seat of a member of the General Assembly shall be vacant upon his changing his legal residence from the territory from which he was elected. However, no reapportionment of the Senate or the House of Representatives shall affect the seat of any incumbent during the term for which he has been elected. Paragraph 7. Compensation. Members of the General Assembly shall receive such compensation and allowances as may be prescribed by law.

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Paragraph 8. Elections by the General Assembly. When the Senate and the House of Representatives meet in joint session for the purpose of elections, they shall meet in the Hall of the House of Representatives. All such elections shall be by a roll call vote, and the vote shall be recorded on the Journal of the House of Representatives. The President of the Senate shall preside over such joint sessions and declare the result of such elections. In the absence of the President, the Speaker of the House of Representatives shall preside and declare such results. Paragraph 9. Disorderly Behavior or Conduct; Punishment. Each house shall have power, upon the affirmative vote of two-thirds of its members, to punish a member for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion. Paragraph 10. Contempts. The General Assembly is hereby authorized to provide by law the procedure by which persons may be punished who are guilty of contempt of either house or any standing or special committee of either house or any interim committee created by or pursuant to authority of the General Assembly or either house. Such law may provide the punishment of any such person by a fine or imprisonment, or both. Paragraph 11. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, and in going thereto or returning therefrom, and at all other times while engaged in official legislative business, except for treason, felony or larceny. No member shall be liable to answer in any other place for anything spoken in either house or in any committee of the General Assembly or of either house. SECTION 6. IMPEACHMENTS Paragraph 1. Impeachment Charges. The House of Representatives shall have the sole power to vote impeachment charges against any person who shall be in office.

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Paragraph 2. Trial of Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the members shall be on oath or affirmation and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall elect a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the membership. Paragraph 3. Judgments in Impeachment. In cases of impeachment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State; but no such judgment shall relieve any party from any criminal or civil liability. SECTION 7. GENERAL ASSEMBLY; EXERCISE OF POWERS Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not repugnant to the Constitution of the United States. Where this Constitution merely affirms the power of the General Assembly, further provisions as to exercise of such power, unless the contrary plainly appears, shall be construed as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its proceedings consistent with the laws and Constitution of this State. Paragraph 2. Bills to be Read. Every bill and every resolution intended to have the effect of law shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insurrection; but the first and second readings may consist of the reading of the title only. Paragraph 3. Roll Call Votes. Whenever this Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, a roll call vote shall be taken. At the desire of one-fifth of the members present

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roll call votes on any question shall be taken. Every roll call vote taken shall be entered on the journal of the respective house. Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the only official records of the proceedings of each house. Paragraph 5. Majority Required to Pass Bills. No bill, and no resolution intended to have the effect of law, shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house. Paragraph 6. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives or the person authorized by law to act during their absence or disability. Paragraph 7. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either house, shall not be introduced again in the house rejecting the same in the same or similar form during the same session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected. SECTION 8 ENACTMENT OF LAWS Paragraph 1. Acts Void. Legislative acts in violation of this Constitution or of the Constitution of the United States are void, and the courts shall so declare them. Paragraph 2. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter or

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contains matter different from what is expressed in the title thereof. Paragraph 3. Amendment of Statutes and Sections of Code. No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. Paragraph 4. General Laws; Uniform Operation; Limitation on Local Laws. Laws of a general nature shall have uniform operation throughout the State, and, except as otherwise provided in this Constitution, no local or special law may be enacted in any case for which provision has been made by general law. Paragraph 5. Notice of Intention to Introduce Local Legislation. No local or special bill shall be introduced unless notice of the intention to introduce same and a general statement of the substance thereof has been published, in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice accompanied by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of publication. Paragraph 6. Elective Offices, Abolishment. No office to which a person has been elected shall be abolished nor the term of such office shortened or lengthened by local or special act so as to abolish such office or shorten or lengthen the term thereof during the term for which such person was elected, unless such act be approved by a majority of those qualified voters of the jurisdiction affected voting in a referendum. When any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people,

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such local law shall provide that the member or members so added shall be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may provide in said law. Paragraph 7. Recognizances. The General Assembly shall have no power to relieve principals or sureties upon forfeited recognizances from the payment thereof, either before or after judgment thereof, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers. Paragraph 8. Abridgement of Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged or construed so as to prevent the General Assembly from taking property and franchises and subjecting them to public use. Paragraph 9. Abridgement of Police Power. The exercise of the police power of the State shall never be abridged. Such power, however, shall not be construed so as to infringe upon the right of every citizen to enjoy equal protection under the law. Paragraph 10. Corporate Powers, How Granted. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall provide by law the manner in which such powers shall be exercised by the superior courts. The Secretary of State shall issue and grant all corporate powers and privileges to banking, trust, insurance and railroad companies in such manner as shall be prescribed by law. The General Assembly shall provide by law how such charters shall be issued and granted in the event the Secretary of State shall become disqualified or unable to act. Paragraph 11. Charters Revised or Amended Subject to Constitution. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold

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its charter subject to the provisions of this Constitution. Every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provisions of this Constitution. Paragraph 12. Change of Name, How Granted. The General Assembly shall have no power to change the names of any person or persons, but it shall provide by law the manner in which such power shall be exercised by the superior courts. Paragraph 13. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall enforce the provisions of this Paragraph by appropriate legislation. Paragraph 14. Milk and Dairy Products. Due to the nature of the products and in order to protect the public, the General Assembly is hereby authorized to provide by law for such control and regulation as it deems advisable over milk and dairy products, and delegate such of its powers in connection therewith as it deems advisable. Paragraph 15. Promotion, Development and Regulation of Agricultural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use, quality, quantity, utilization, processing and improvement of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, sea food and sea food products, and the products of the farms, fields, gardens, orchards and forests of this State. The General Assembly may provide for the promotion thereof individually, collectively or in any combination thereof. The General Assembly may provide a means of financing any program of promotion by imposing assessments, fees or other charges upon the sale or processing of the affected products, may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity

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of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products. Paragraph 16. Regulation of Insurance. The General Assembly shall enact laws to compel all insurance companies doing business in this State, whether chartered by this State or otherwise, to deposit reasonable securities with the State Treasurer to secure the people against loss by the operations of said companies. The General Assembly shall compel all insurance companies doing business in this State, under penalties, to make annual reports to the Insurance Commissioner or other designated official or officials and print the same at their own expense, for the information and protection of the people. Paragraph 17. Public Utilities, Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution.

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Paragraph 18. Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished. Any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties. SECTION 9. REVENUE BILLS Paragraph 1. Origination of Revenue and Appropriations Measures. All bills for raising revenue may originate in either the Senate or the House of Representatives. All bills for appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments to appropriations measures in the same manner as in other bills. Paragraph 2. How Public Money Drawn. No money shall be drawn from the State Treasury except pursuant to this Constitution or by appropriations made by law pursuant to this Constitution. Paragraph 3. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, a roll call vote in each house is recorded. SECTION 10. APPROPRIATIONS Paragraph 1. Preparation, Submission and Enactments of General Appropriations Bill. (a) The Governor shall submit to the General Assembly within five days after its convening in every odd-numbered year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, to pay the public debt and to meet the

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current expenses of the State for each of the next two ensuing fiscal years. (b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, to pay the public debt and meet the current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall commence on the first day of July of each year and terminate on the last day of June following. (c) The General Assembly shall by general law provide for the regulation and management of the financial and fiscal administration of the State. (d) The General Appropriation Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. Paragraph 2. General Appropriations Act. (a) Each General Appropriations Act now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption, and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto.

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Supplementary appropriations, if any, shall be made in the manner provided in Article 2, Section 10, Paragraph 3 of this Constitution, but in no event shall a supplementary appropriations act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations act was adopted and approved. (c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. (d) All federal funds received by the State are hereby continually appropriated, in the exact amounts and for the purposes authorized and directed by the United States Government in making the grant. (e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article 5, Section 3, Paragraph 3, when such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation, or authority, and the appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the adoption of this Constitution or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract. (f) The obligation assumed by the State or any department or agency thereof pursuant to any contract authorized

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pursuant to the provisions of Article 5 of this Constitution shall constitute a general obligation of the State and the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department or agency thereof, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made by the State or any department or agency thereof in each year under contracts now or hereafter entered into pursuant to said Article 5 with any State authority or public corporation which was created and activated prior to January 1, 1961, which such contracts constitute security for bonds or other obligations heretofore or hereafter issued by any such authority or public corporation. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department or agency to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet such contractual obligations shall be due and payable to each such department or agency in each fiscal year to be expended to pay such contractual obligations as set forth in said contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act. Paragraph 3. Supplementary Appropriations Acts. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by supplementary appropriation acts, but no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the additional revenue measures necessary to provide such supplementary appropriation shall have been enacted. Neither house shall pass a supplementary appropriation bill until the General Appropriations Act shall have been finally enacted into law.

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Paragraph 4. Appropriations to be for Specific Sums. Except as is otherwise provided in this Constitution, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. Paragraph 5. Highway Appropriations. An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act. Said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes, nor shall it preclude the General Assembly from specifying the portion of such sum specified above to be used in any or all of such purposes, except as hereinafter provided, in this Constitution. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed in the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this Paragraph. The proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor. Paragraph 6. Grants to Counties. Of the funds derived from motor fuel taxes as provided in Paragraph 5 of this

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Section, there is hereby appropriated for the fiscal year beginning July 1, 1965, and for each fiscal year thereafter, as grants to counties, the amount of $4,817,013.03 to be allocated to each of the several counties as provided by an Act approved March 8, 1945 (Ga. L. 1945, p. 316), and the amount of $4,500,000.00 to be distributed and disbursed by the State Treasurer based on information as to the total public road mileage furnished by the State Highway Department; this sum shall be distributed and disbursed to the various counties of the State in the same proportioned basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State. The sums appropriated to counties hereunder shall be used for all activities incident to providing and maintaining an adequate system of public roads, streets, and sidewalks, including traffic control, bridges, and appurtenances thereto. In the event of a merger of two or more counties, the resulting county shall receive all of the sums provided herein for each of the counties so merged. The said sums are hereby appropriated for the aforesaid purposes regardless of whether the General Assembly enacts an appropriation act. In the event of an invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor. Paragraph 7. Grants to Municipalities. Of the funds derived from motor fuel taxes as provided in Paragraph 5 of this Section, there is hereby appropriated for the fiscal year beginning July 1, 1965, and for each fiscal year thereafter, as grants to municipalities the sum of $9,325,000.00. Said sum shall be distributed by the State Treasurer as may now or hereafter be provided by law, except that no municipality having a population of five hundred or more, according to the 1960 or any future Federal Decennial Census, shall receive less than five ten-thousandths of the total sum appropriated herein; and, provided further that any municipality having a population of less than five hundred according to the 1960 or any future Federal decennial census shall receive such portion of the minimum herein established as its population proportionately bears to five hundred.

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The sums appropriated to municipalities hereunder shall be used for all activities incident to providing and maintaining an adequate system of public roads, streets, and sidewalks, including traffic control, bridges, and appurtenances thereto. The said sums are hereby appropriated for the aforesaid purposes regardless of whether the General Assembly enacts an appropriation act. In the event of an invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive Order of the Governor. Paragraph 8. Appropriations Void, When. Any Appropriation made in conflict with any of the foregoing provisions of this Section shall be void. SECTION 11. HOMESTEAD EXEMPTIONS Paragraph 1. Manner of Providing. The General Assembly shall protect by law from levy and sale a portion of the homestead of the citizens in an amount of not less than $1600 and shall have authority to define a homestead and those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, alienation and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor. SECTION 12. MILITIA Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. The General Assembly shall have the authority

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to provide for trial by courts-martial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon; and rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well-regulated and disciplined militia. SECTION 13. ELECTIVE OFFICIALS Paragraph 1. Salaries of Elective Officials, How Changed. The General Assembly may prescribe salaries for all elective officers provided for in this Constitution and change the same, but no such change shall diminish the amount of any salary during the term of office. SECTION 14. VETERANS PREFERENCE Paragraph 1. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly. Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof. (a) Such veteran who has at least a ten per centum service connected disability as rated and certified by the Veterans

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Administration shall be entitled to and shall have ten points added to his passing score on such examination; and (b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination. SECTION 15. RETIREMENT SYSTEMS Paragraph 1. Teachers Retirement System. There shall be a Teachers Retirement System of Georgia as provided for by law at the time of ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution. Such System shall be on an actuarially sound basis and shall be administered by a Board of Trustees of the Teachers Retirement System of Georgia. Persons eligible for membership in said System shall be those so authorized by law at the time of the ratification of this Constitution and such other teachers as the General Assembly shall authorize. The allowances and benefits for persons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. Paragraph 2. Employees Retirement System. There shall be an Employees Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution. Such System shall be on an actuarially sound

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basis and shall be administered by a Board of Trustees of the Employees Retirement System of Georgia. Persons eligible for membership in said System shall be those so authorized by law at the time of the ratification of this Constitution and such other persons as the General Assembly shall authorize. The General Assembly, however, shall not hereafter authorize eligibility for any persons except employees and officials of the State government and employees of those public authorities referred to in Article 2, Section 10, Paragraph 2, Subparagraph (f) of this Constitution. The allowances and benefits, including survivor's benefits, for persons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System, including Survivor's benefits. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. The Board is hereby authorized to provide by contract for the coverage of the members of the System and eligible officials and employees of political subdivisions, under the provisions of the Federal Old Age and Survivors Insurance Program, and to amend any such contract from time to time as the Board shall deem advisable, and the General Assembly is hereby authorized to enact any legislation necessary or desirable for such purposes. Paragraph 3. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized. Paragraph 4. Other Retirement Systems. There shall be such other retirement system for other State and political

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subdivision officials and employees as shall now or hereafter be provided for by acts of the General Assembly. ARTICLE 3. JUDICIARY SECTION 1. COURTS Paragraph 1. Courts Enumerated. The judicial power of this State shall be vested exclusively in one Supreme Court, one Court of Appeals, trial courts of general jurisdiction known as the Superior Courts, Courts of Ordinary and such other courts as have been or may be established by law. SECTION 2. THE SUPREME COURT Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven justices who shall from time to time, as they deem proper, elect one of its members as Chief Justice, and one as Presiding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority of the Court shall constitute a quorum but the concurrence of four justices shall be necessary for a decision in any case. Paragraph 2. Jurisdiction. (a) Original Jurisdiction. Except as herein provided, the Supreme Court shall have no original jurisdiction, but shall be a court for the trial and correction of errors of law in the manner prescribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal. The Supreme Court shall have original jurisdiction upon petition of at least two of the elected executive officers named in this Constitution to determine the disability of the Governor or

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other person legally exercising the chief executive powers of the State and shall retain jurisdiction of said matter for the purpose of determining the cessation of disability. The Court may, in accordance with its rules, render advisory opinions on questions of solemn and manifest public importance when requested by the Governor or by joint resolution of the General Assembly. (b) Appellate Jurisdiction. The Supreme Court shall have exclusive appellate jurisdiction from all other courts of this State in cases involving the interpretation or application of the Constitution of the United States or this Constitution and of treaties to which the United States is a party; in cases where the constitutionality of any law, rule, regulation, ordinance, or resolution is questioned; in cases of conviction of a capital felony; and until otherwise provided by law: in cases involving equitable powers or title to land; in all divorce and alimony cases; in cases certified to it by the Court of Appeals for determination; and in such other cases as may be prescribed by law or by its rules. The Supreme Court shall have discretionary power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The oldest full-bench decisions of the Supreme Court which have not been expressly overruled or materially modified under the Act of the General Assembly approved December 17, 1896 (codified as Code Section 6-1611) shall be binding on the Supreme Court and all other courts of this State until expressly overruled or modified by a full bench. Where no full-bench decisions have been rendered, the oldest decisions of the Supreme Court which have not been expressly overruled or modified under the Act of the General Assembly approved December 17, 1896 (codified as Code Sections 6-1611) shall bind all other courts of this State as precedents.

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Paragraph 3. Powers of Supreme Court. (a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit to the General Assembly during the first ten days of any regular session rules governing practice and procedure for the judicial system, and if both houses by concurrent action approve such rules, they shall become effective ninety days after the date of adjournment. Rules submitted by the Supreme Court may be amended by the General Assembly, and if such rules as amended shall be approved by the Supreme Court within thirty days after amendment and approval of same by the General Assembly, the rules as amended shall become effective ninety days after the date of adjournment of the General Assembly. If the Supreme Court shall not approve such rules as amended, the rules shall not become effective. The General Assembly shall always have the right to prescribe, by law, rules governing practice and procedure, and shall have the right to adopt, amend, modify or repeal any rule or law governing practice and procedure. The rules in force upon the effective date of this Constitution shall continue in force until changed as provided herein. (b) The Supreme Court shall by rule govern organization of the bar, standards of professional conduct, and the discipline of the members of the bar; but the General Assembly shall have the authority to repeal, modify or amend any such rule. No such rule or law shall deprive any member of the bar of the right to a trial by jury in the county of his residence upon any disbarment or suspension proceeding pursuant to any such rule or law. SECTION 3. THE COURT OF APPEALS Paragraph 1. Judges of the Court of Appeals. The Court of Appeals shall consist of such number of judges as may now or hereafter be provided by law. The Court may from time to time elect one of its members as Chief Judge and

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such number of Presiding Judges as may be prescribed by its rules. The Court may adopt such rules of practice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court. Paragraph 2. Jurisdiction. (a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but shall be a court for the trial and correction of errors of law in the manner prescribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal. (b) Appellate Jurisdiction. The Court of Appeals shall have jurisdiction with respect to the trial and correction of errors of law in the manner prescribed by law, from the superior courts and from such other courts as now or hereafter authorized by law in such cases as may be prescribed by law or by the rules of the Supreme Court not inconsistent with this Constitution. When the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportunity to be heard thereon, may instruct the Court of Appeals on the question so certified without regard to whether or not the answer to such question is determinative of the entire case, and the Court of Appeals shall be bound thereby. In case no such instruction is given by reason of an equal division of opinion among the Justices of the Supreme Court, the Court of Appeals shall decide the case. In the event of an equal division of judges on any case when the Court of Appeals is sitting as a body, the case shall be transferred immediately to the Supreme Court. The manner of certifying cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe.

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SECTION 4. SELECTION AND TENURE OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS. Paragraph 1. Election and Tenure of Justices and Judges. Justices of the Supreme Court and Judges of the Court of Appeals shall hold office for six years and until their successors are elected and qualified. They shall be elected by the people in the same manner as members of the General Assembly. Paragraph 2. Appointments to Fill Vacancies. In case of any vacancy, the same shall be filled by appointment by the Governor and the person appointed shall hold such office until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. SECTION 5. COMPENSATION, RETIREMENT AND PENSION OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS Paragraph 1. Salary. The compensation of justices and judges shall be fixed by statute. Such compensation shall not be reduced during the term for which the justice or judge was elected or appointed. Paragraph 2. Retirement and Pensions. The General Assembly shall provide by law for the payment of compensation or pensions to retired or disabled justices and judges. The Supreme Court may assign retired justices or judges to perform temporary judicial duties in any court of the State. Every justice and judge shall retire upon reaching the age of seventy and may retire upon reaching the age of sixty-five and any justice or judge so retiring under this provision who has served at least ten years as a justice or judge of the Supreme Court or the Court of

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Appeals or any combination thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been a Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or compensation which shall be not less than two-thirds of the compensation received by him at the time of his retirement; provided, however, any justice or judge during the term of office he is serving at the time of the effective date of this Constitution shall not be required to retire at age seventy prior to the expiration of the term to which he has been elected at which time he shall retire, but he may elect to do so and shall receive the pension or compensation herein provided; provided further, however, any justice or judge serving at the time of the effective date of this Constitution who is seventy years of age or more, and who within six months after the effective date of this Constitution elects to retire may do so, in which case he shall receive as a pension the full compensation which he was then receiving for the balance of the term to which he was elected and thereafter he shall receive a pension of two-thirds of that compensation. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage in the practice of law. SECTION 6. JUDICIAL ADMINISTRATION Paragraph 1. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any judge or judge emeritus of the Superior Court of the State to sit in any state court when any justice or judge thereof is disqualified or incapacitated, and the Supreme Court may also assign any judge or judge emeritus of the Superior Court to sit in any court in any other case where the Supreme Court deems such assignment necessary to aid in the prompt disposition of judicial business. No judge may be assigned under this Paragraph without his consent.

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Paragraph 2. Judges of Superior and City Courts May Alternate, When. In any county within which there is, or hereafter may be a City Court, the Judge of said Court, and of the Superior Court may preside in the courts of each other in cases where the judge of either court is disqualified to preside. SECTION 7. SUPERIOR COURTS Paragraph 1. Circuits and Judges. The General Assembly shall, as may be necessary, subdivide the State into judicial circuits and provide for a superior court in each county of such circuits. There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be six years, and until his successor is elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore provided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge. Paragraph 2. Election, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the General Assembly, at the general election next preceding the expiration of their respective terms. Paragraph 3. Terms. The terms of the judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment by the Governor until the

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first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. SECTION 8. JURISDICTION OF SUPERIOR COURTS Paragraph 1. Exclusive Jurisdiction. The superior courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases. Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by this Constitution or by law. The superior courts shall have authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law. SECTION 9. COMPENSATION AND RETIREMENT OF JUDGES OF SUPERIOR COURTS Paragraph 1. Salaries. Judges of the superior courts shall receive from the State Treasury such compensation and allowances as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation and allowances of the judge or judges from funds of the county or counties comprising the circuit of such judge or judges. Such compensation or supplement shall not be reduced during the term for which the judge was elected or appointed. Provided, however, the Board of County Commissioners of Richmond County, or the Ordinary,

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or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of two thousand dollars ($2,000.00) per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided. Paragraph 2. Retirement. Every judge who has not retired at an earlier age shall retire upon reaching the age of seventy, provided, however, any judge serving at the time of the effective date of this Constitution who shall be more than 70 years of age or reach age seventy during the term of office for which he is then elected or appointed and serving shall not be required to retire at age seventy but may serve out such term, but he may elect to retire. Any judge retiring under this provision shall receive such compensation or pension as may be provided by law. Any judge receiving such compensation or pension shall not engage in the practice of law. Paragraph 3. Superior Court Judges Emeritus. Such provisions for compensation to Judges Emeritus of the Superior Courts and for the retirement of Superior Court Judges as the legislature has enacted or may hereafter enact are hereby authorized. SECTION 10. QUALIFICATIONS OF JUSTICES AND JUDGES Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Judge of the Court of Appeals or Judge of the Superior Courts, unless at the time of the beginning of the term of office to which

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he was elected he shall have attained the age of thirty years; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the bar of the Supreme Court of Georgia; and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his election or appointment. Paragraph 2. Judges Emeritus and Retired Judges of the Superior Courts to preside. Judges emeritus and retired Judges of the Superior Courts shall be eligible for temporary service in any court of this State when so designated by the Supreme Court or otherwise provided by law. SECTION 11. COURT OR ORDINARY Paragraph 1. Jurisdiction and Term. There shall be a court of ordinary in each county which shall have jurisdiction of probate matters and such other matters as may be provided by law. The ordinary shall hold office for a term of four years and until his successor is elected and qualified, and shall perform such duties, judicial and otherwise, as may be prescribed by law. SECTION 12. UNIFORMITY OF COURTS; ABOLITION Paragraph 1. Uniformity; Exceptions. Except as otherwise herein provided, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree of such courts, severally, shall be uniform, subject, however, to the following exceptions: (a) Uniformity shall not be required with respect to courts of ordinary or such other courts that have been or may be established by law although the General Assembly

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may by law establish uniformity for any or all of such courts. (b) All justice of peace courts now in existence shall continue as statutory courts until otherwise provided by law, and with such jurisdiction and powers as provided by law. The General Assembly may, without regard to uniformity, abolish the office of justice of the peace in any county or district. (c) The General Assembly may by law authorize ordinaries or judges of police courts of incorporated cities and municipalities in counties containing no city court, to issue warrants, try cases, and impose sentences in all misdemeanor cases involving traffic offenses and cases arising under the compulsory school attendance law; provided, however, that the accused waives in writing trial by jury. Paragraph 2. Power to Abolish Court. All courts not specially mentioned by name in Section 1 of this Article may be abolished in any county at the discretion of the General Assembly. SECTION 13. VENUE AND JURY TRIAL Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be provided by law, provided, however, that venue shall not be changed in any case unless such change is requested by the defendant. To the end that no crime may go unpunished, the venue for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was committed in two or more counties shall be as may be prescribed by law. Paragraph 2. Venue in Civil Cases. (a) Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant is not a resident of this State, or if his residence is unknown, then in the

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county in which the plaintiff resides; provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for six months next preceding the filing of the petition may bring an action for divorce in any county adjacent to said post or reservation. (b) Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction. (c) Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed except as may be provided by law in foreclosure of instruments to secure indebtedness where real property is pledged as security therein. (d) Suits against joint obligors, joint promissors, copartners, or joint tort feasors, residing in different counties, may be tried in either county. (e) Suits against the maker or endorsed of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where a defendant resides who is a maker, drawer, acceptor or endorser. (f) Suits against executors, administrators or guardians in their representative capacities, shall be tried in the county in which is located the court from which the letters are issued. (g) All other civil cases shall be tried in the county where the defendant resides. (h) In all civil cases where the judge is satisfied that an impartial jury cannot be obtained in the county of original venue, he may require a change of venue in such manner as may be provided by law.

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(i) Except in divorce cases, venue hereunder shall not relate to the jurisdiction of the case, but shall relate only to the jurisdiction of the person. (j) The General Assembly may provide for venue in cases involving nonresidents. Paragraph 3. Jury Trial. The right of trial by jury, except as otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the superior courts, where there shall be twelve unless otherwise agreed between the parties; the General Assembly may provide by law for alternate jurors. The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party; provided, however, that nothing contained herein shall be construed so as to prevent the General Assembly from providing for summary judgments and directed verdicts. The parties may waive a jury trial, but in all criminal cases, such waiver must be in writing. ARTICLE 4. EXECUTIVE BRANCH SECTION 1. EXECUTIVE OFFICERS Paragraph 1. Elected Executive Officers; Terms of Office; Salaries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer, State School Superintendent, Commissioner of Agriculture, Commissioner of Labor, and Comptroller General who shall be ex-officio Insurance Commissioner, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers shall not be allowed any fee, perquisite or compensation other than their salaries as prescribed

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by law except their necessary expenses when absent from the seat of government on business for the State. Paragraph 2. Qualifications of Elected Executive Officers. No person shall be eligible to hold any elective executive office of this State unless he shall have been a citizen of the United States for at least fifteen years and shall have resided in this State at least six years immediately preceding the time of the beginning of the term of office to which he was elected or the time of his appointment and shall be at least thirty years of age at such time. No person shall be elected or appointed Attorney General unless at the time of the beginning of the term of office to which he was elected or at the time of his appointment he shall have practiced law for at least seven years and shall be qualified at such time of his election to practice law in the courts of this State. The Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office. Paragraph 3. Other Executive Officers. The General Assembly shall have power, not inconsistent with the provisions of this Constitution, to create other executive officers not provided for in this Constitution and prescribe each of such officer's respective qualifications, duties, authority, compensation, term and method of appointment or selection. Paragraph 4. Oath of Office. Each of the executive officers shall, before he enters on the duties of his office, take such oath or affirmation as may be prescribed by law. SECTION 2. DUTIES AND POWERS OF GOVERNOR Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by law, not inconsistent with the powers of the Governor as the chief executive officer of the State.

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Paragraph 2. Commander-in-Chief. The Governor shall be Commander-in-Chief of the defense and disaster forces and of the Militia of the State. Paragraph 3. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. Paragraph 4. Law Enforcement. The Governor shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. Paragraph 5. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and the House of Representatives, where such vacancy would cause a district or county to be without full representation in a session of the General Assembly. The General Assembly shall provide by law the procedure relative to the issuance of such writs and the election to fill such vacancies. Paragraph 6. Information and Recommendations to the General Assembly. The Governor shall give the General Assembly, at the beginning of each regular session and from time to time, information of the state of the State and recommend to its consideration such measures as he may deem necessary or expedient. Paragraph 7. Extraordinary Sessions of the General Assembly. The Governor may convoke the General Assembly in extraordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in

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his proclamation calling such session. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes whenever three-fifths of the members elected to each house certify to him, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to so do within three days, Sundays excluded, after receipt of such certification, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extraordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed. Paragraph 8. Filing Vacancies. Unless provided for in this Constitution, the General Assembly is hereby authorized to provide by law the manner in which a vacancy in any public office shall be filled. If no provision therefor is made in this Constitution or by law, when any office shall become vacant, the Governor shall appoint a person to fill such vacancy for the unexpired term. Paragraph 9. Bills and Resolutions, Governor's Approval or Veto. (a) All bills, and all resolutions intended to have the effect of law, which have been passed by the General Assembly, shall be presented to the Governor. (b) The Governor may approve or veto any such bill or resolution within five days, excluding Sundays, after it has been presented to him unless the General Assembly shall adjourn before the expiration of said five days, in which event the Governor shall have thirty days, excluding Sundays, from the date of adjournment in which to approve or veto the same. In the event the Governor approves any such bill or resolution, the same shall become law on that day unless a different effective date is provided in such bill

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or resolution, in which event such bill or resolution shall become law on said effective date. In the event the Governor vetoes any such bill or resolution, the same shall not become law unless such veto is overridden by a vote of two-thirds of the members elected to the House of Representatives and a vote of two-thirds of the members elected to the Senate. (c) Whenever any such bill or resolution is vetoed by the Governor, it shall be his duty to transmit the same to the presiding officer of the house in which it originated together with his reasons for such veto. If the General Assembly is in session at the time, such transmission shall be made within six days, excluding Saturdays and Sundays, from the date of presentation to the Governor. Upon being received by the presiding officer of such house, and upon a motion being adopted before adjournment, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event the General Assembly shall have adjourned within such time, such transmission shall be made within thirty-five days, excluding Sundays, from the date of the adjournment of the session of the General Assembly at which such bill or resolution was passed. Upon a motion being adopted by such house within ten days after the convening of the next regular session of the General Assembly, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event such house votes to override the veto, the bill or resolution shall be immediately transmitted to the other house. Upon receiving such bill or resolution, it shall be the duty of the presiding officer of such other house to immediately suspend all business and consider such bill or resolution for the purpose of overriding the veto. In the event such veto is overridden by such house, such bill or resolution shall become law on that day and shall become effective on the same day or on the effective date provided in the bill or resolution, whichever date is later in the point of time. If either house fails to override the Governor's veto, any such bill or resolution, shall not again be taken up for the purpose of overriding such veto.

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(d) If any such bill or resolution is not approved or vetoed by the Governor within five days, excluding Sundays, after it has been presented to him, the same shall become law unless the General Assembly adjourns within said five days, in which event the Governor shall have thirty days, excluding Sundays, after the date of adjournment to approve or veto such bill or resolution, and if not approved or vetoed within said thirty days, the same shall become law. (e) The Governor may approve any appropriation and veto any other appropriation in the same bill and the latter shall not become law unless such veto is overridden as provided herein. (f) The Governor shall not have the power to veto any proposal by the General Assembly to amend this Constitution. Paragraph 10. Information From Officers and Employees. The Governor may require information in writing from constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. Paragraph 11 Appointments not Confirmed. In the event the Senate fails to confirm any appointment made by the Governor and presented to the Senate for confirmation, any such person shall not be appointed by the Governor to the same position for a period of at least one year after the date the Senate fails to confirm such appointment. SECTION 3. POWERS AND DUTIES OF LIEUTENANT GOVERNOR Paragraph 1. President of Senate. The Lieutenant Governor shall be President of the Senate, and shall have such other duties as prescribed by this Constitution or by law. Paragraph 2. Exercise of Executive Power. In case of death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power

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and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the same compensation as the Governor until the removal of such disability. SECTION 4. EXERCISE OF EXECUTIVE POWER BY PERSONS OTHER THAN THE GOVERNOR OR LIEUTENANT GOVERNOR Paragraph 1. Exercise of Executive Power by Speaker of the House of Representatives. In case of the death, resignation or removal from office of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. In case of disability of both the Governor and Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor until the disability of one of them is removed. Paragraph 2. Exercise of Executive Power by Others. The General Assembly shall provide by law for the devolution of the executive power in the event of the death, resignation, removal from office or disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives. In case of disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives, the person upon whom the executive power shall have devolved

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shall exercise such power and receive the compensation of the Governor until the disability of one of them ceases. In case of the death, resignation or removal from office of the Governor, Lieutenant Governor and Speaker of the House of Representatives, such person shall exercise the executive power and receive the compensation of the Governor only until the election and qualification of a Governor in the manner prescribed by this Constitution. SECTION 5. DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS Paragraph 1. Duties and Powers of Other Elected Executive Officers. The Secretary of State, Attorney General, Comptroller General, Treasurer, State School Superintendent, Commissioner of Agriculture and Commissioner of Labor shall be commissioned by the Governor and hold their offices for the same term as the Governor. The General Assembly shall prescribe the respective duties and authorities of each of such officers, and shall provide for necessary expenses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as the chief law officer of the State and the chief legal advisor to the Governor and executive officers, and to represent the State in all civil and criminal cases in any court when required by the Governor or when the State has an interest in such a case, and to perform such other services as may be required of him by law. Paragraph 2. Great Seal. The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and the Seal now in use shall be the Great Seal of the State until otherwise provided by law.

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SECTION 6. SOLICITORS GENERAL Paragraph 1. Number; Term of Office; Vacancies. There shall be a Solicitor General for each judicial circuit elected, and appointed as necessary, in the same manner as the respective circuit Superior Court Judges, who shall represent the State in all criminal cases in the Superior Courts of his circuit, and all criminal cases taken up from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office, qualifications, limitations, other duties and compensation shall be prescribed by the General Assembly. SECTION 7. ELECTIONS Paragraph 1. Election of Executive Officers. The first election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Comptroller General, Treasurer, State School Superintendent, Commissioner of Agriculture, and Commissioner of Labor under this Constitution shall be held at the time of the General Election in 1966 and quadrennially thereafter on the date fixed by law. All such officers shall be elected in the manner prescribed for the election of members of the General Assembly and such officers shall be installed in office at the next regular annual session of the General Assembly subsequent to their election. Paragraph 2. Returns of Elections. The returns for every election of said officers shall be sealed by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to such person or authority as provided by law, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.

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Paragraph 3. Publication of Returns. The members of both houses of the General Assembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Representatives shall open and publish the returns under the direction of the General Assembly. The person having the majority of the whole number of votes shall be declared duly elected to each of said offices. Whenever no person is elected in the general election to fill any such office, or whenever any person elected shall die or withdraw prior to taking any such office, the Secretary of State shall call a special election, which shall be held not less than sixty nor more than one hundred twenty days from the date of any such event, to fill such position. The incumbent officer shall continue to serve until his successor can be elected and qualified. Paragraph 4. Runoffs. Whenever a runoff is required under this Constitution or under any valid law, the runoff shall be considered as a part of the election and may be held at such time after the date prescribed in this Constitution for the election as is fixed by law. SECTION 8. CONSTITUTIONAL BOARDS AND COMMISSIONS Paragraph 1. Continuation of Existing Boards and Commissions. All the Constitutional Boards and Commissions listed in this Paragraph, having heretofore been created, are hereby recreated and continued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the time of the effective date of this Constitution and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission, shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the

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next regular session of the Senate for confirmation. The members of such Boards and Commissions shall possess the qualifications and receive the compensation provided for such members at the time of the effective date of this Constitution, but the General Assembly is hereby authorized to change such qualifications and compensation by law, except that the compensation of the members of the Public Service Commission and the State Board of Pardons and Paroles shall not be diminished during the term of office for which such members were elected or appointed. In addition to such powers and duties as may be prescribed in this Constitution, such Boards and Commissions shall have such powers and duties as may be provided by law. (a) The State Board of Pardons and Paroles. The State Board of Pardons and Paroles shall be vested with and shall exercise all the powers of executive clemency, except as otherwise provided in this Constitution. The Board shall be composed of three members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The Governor shall not be a member of the Board nor shall he participate in the decisions of the Board, except if any member for any cause is unable to serve in any case involving capital punishment or if two of the members are divided in any case involving the disqualification or disability of the third member, the Governor in such case shall act as a member of the Board. All cases involving capital punishment shall be acted upon by the full Board and each member shall pass upon the same and shall execute as a permanent part of the record of each such case a written statement in support of or in explanation of such member's decision. In all cases the majority vote of its members shall decide the action of the Board. The Board is hereby vested with the power to grant reprieves, pardons, paroles, commutation of sentences, commutation of penalties, removal of disabilities imposed by law and the remission of all or any portion of a sentence for any offense against the State, after conviction, except in cases of treason or impeachment. Its members, acting in an ex-officio capacity, shall compose the State Board of Probation which Board shall administer the Statewide Probation System.

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(b) Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The Commission shall consist of five members who shall be elected by the people. The terms of members shall be for six years, dating from the expiration of the previous terms of its members. A chairman shall be selected by the members of the Commission from its membership. The manner and time of election and the procedure for filling vacancies shall be provided by law. (c) State Personnel Board. The State Personnel Board shall administer a State Merit System under which the State personnel under such System shall be selected on a basis of merit, fitness and efficiency, as may be provided by law. The Board shall be composed of three members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. No State official or employee shall be a member of the Board. (d) Board of Commissioners of the Department of Industry and Trade. The Board of Commissioners of the Department of Industry and Trade shall be composed of two members from each Congressional District in the State, but no two shall be from the same county except where a Congressional District is contained within a county. The members of the Board shall serve for terms of six years, dating from the expiration of the previous terms of its members. The Board shall be the policy determining body of the Department. The Board shall elect a Director who shall be the executive officer of the Board and the administrative head of the Department. (e) State Board of Corrections. The State Board of Corrections shall be responsible for the administration and control of the State Penal System and the inmates thereof, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The Board shall be composed of five members who shall serve for terms of five years, dating from the expiration of the previous terms of its members. The Board shall elect a Director

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of Corrections who shall be the executive officer of the Board and the administrative head of the Department of Corrections. (f) Veterans Service Board. The Veterans Service Board shall be composed of seven members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. Said Board shall elect a Director who shall be the executive officer of the Board and the administrative head of the State Department of Veterans Service. All members of the Board and the Director shall be veterans of some armed conflict in which the United States has engaged with some foreign power. (g) Game and Fish Commission. The State Game and Fish Commission shall be composed of one member from each Congressional District in the State and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden, who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The Board shall elect a Director of the Game and Fish Commission who shall be the Executive Officer of the Game and Fish Commission. Paragraph 2. State Highway Board. The State Highway Board which has heretofore been created by statute, is hereby recreated and continued as a Constitutional Board. The Board shall be composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of members of the Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified. The successors to such members, as

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their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law. The Board shall elect a Director of the State Highway Department who shall be the Chief Executive Officer of the Department, except that the Director of the Department in office at the time of the adoption of this Constitution shall not be affected, and such Director shall serve out the remainder of his term as now provided by law. The General Assembly shall define by law the powers, duties, qualifications, and compensation of the members of the Board and of the Director, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein. ARTICLE 5. PUBLIC FINANCE SECTION 1. TAXATION Paragraph 1. Taxing Power. (a) The power of taxation shall remain at all times under the control of the General Assembly as the representative of the people. All tax exemptions, exclusions, deductions, credits or other tax benefits shall always remain matters of grace, and neither the General Assembly, any department or official, any division of government nor government at any level shall have any authority in any manner, to surrender, suspend or otherwise limit the exercise of such power irrevocably. (b) The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise provided in this Constitution; provided, however, no county shall require any license fee, franchise tax, or occupational tax from any business located in a municipality in said county if such municipality requires payment of a license fee or occupational tax from such business, but no such occupational tax or license fee

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shall be levied against farming operations. No such county license fee or occupational tax shall be imposed on any business which is subject to regulation by the Public Service Commission. (c) The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth () mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof. Paragraph 2. Classification and Uniformity. (a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify intangible personal property including money for taxation, and to adopt different rates and different methods of different classes of such property. (b) The General Assembly may treat any and all motor vehicles including trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods or assessment dates for the taxation of such property, and enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said motor vehicles. (c) The General Assembly may provide for a classification, or classifications, of tangible personal property held as inventory (whether raw materials, goods being manufactured or processed or finished products) for manufacturing, processing or distribution (not including sale at retail) separately from other tangible property. It may provide for the valuation of inventories on the basis of their average

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value held during the preceding tax year instead of their value on January 1 and for a different basis, or basis of assessment therefor. It may provide for exemption, or partial exemption, of inventories remaining in the hands of the manufacturer, processor, or distributor but only for the year next after their production, or acquisition, provided that any such exemption shall not be effective in any political subdivision of this State unless the same is approved by the electors of such subdivision in a referendum election held for that purpose. (d) The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties, nor at a lesser basis of value nor at a lower rate of taxation than other properties. Paragraph 3. Exemptions from Taxation. (a) The General Assembly may exempt any of the following property, or any combination thereof, from taxation under such definitions, conditions, and limitations as it may prescribe; all laws exempting property from taxation, other than the property enumerated in this Constitution, shall be void. (1) Property owned by the United States of America, the State of Georgia, any State of the United States, any foreign state, or any governmental division or instrumentality thereof. (2) Property owned by a non-profit organization established for religious purposes and used exclusively for activities of religious worship, training or instruction and activities reasonably necessary and incidental thereto; including property used for residential purposes from which no income is derived and church cemeteries. (3) Property owned by a non-profit organization established for charitable purposes and used exclusively in operating an institution of purely public charity and activities reasonably necessary and incidental thereto.

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(4) Property owned by a non-profit organization established for educational purposes and used exclusively in operating a school, academy, seminary, college or other institution of learning and activities reasonably necessary and incidental thereto. (5) Property owned by a non-profit organization established for literary, historic, artistic, scientific or educational purposes and used exclusively in operating a library, museum, art gallery, or facilities for the performance of operas, ballets, or other performing arts, or other similar institution and activities reasonably necessary and incidental thereto, provided such property is not held as merchandise or for purposes of sale or gain. (6) Property publicly identified as a cemetery or mausoleum and irrevocably dedicated for use exclusively for the burial of human remains by a plat or instrument duly recorded in the office of the Clerk of the Superior Court of the county in which the land lies. (7) Property owned by or irrevocably held in trust for the exclusive benefit of any of the aforesaid non-profit organizations held as endowment, except tangible property which is rented or otherwise used regularly for the primary purpose of producing income therefrom. (8) Farm products, livestock, poultry and bees, grown or produced in this State remaining in the hands of the producer but only for the year next after their growth or production. (9) Intangible property owned by a trust forming a part of a pension, profit sharing or stock bonus plan established by an employer for the exclusive benefit of his employees. (10) The stock of a corporation which is organized or domesticated under the laws of Georgia; the bonds and other evidences of indebtedness issued by the United States of America, the State of Georgia, any State of the United States or any governmental division or instrumentality thereof. (b) The General Assembly may provide relief from any multiple taxation to which intangible property may be subject

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by reason of its having acquired a taxable situs in more than one taxing jurisdiction. (c) There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. (d) Each disabled veteran who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000 from all ad valorem taxation for State, county, municipal and school purposes on his homestead which he owns and actually occupies as a residence. The value of all property in excess of the exempted amount shall remain subject to taxation. The term disabled veteran, as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or multiple sclerosis, or by the total blindness, or by the amputation of both legs or both arms. (e) In an amount not to exceed $2,000 of its value, the homestead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250.00. An exemption hereunder must be claimed in the manner prescribed by the General Assembly, and the General Assembly may further define the homestead entitled to exemption hereunder except that a homestead as

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contemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached. Claimant's actual dwelling shall be deemed to include dwellings, cooperative apartments and condominium apartments. (f) Each person who is sixty-five (65) years of age or over and who does not have an income from all sources, including tax free income, exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State, county, and county or area school taxes, except to pay interest on and to retire bonded indebtedness. The value of the residence in excess of $4,000.00 shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. (g) All personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, and tools and implements of trade of manual laborers, but not including motor vehicles, are hereby exempted from all ad valorem taxation for State, county, municipal and school purposes, in the amount of $300.00 in actual value. The General Assembly may from time to time increase said exemption in amount or totally exempt said property from all ad valorem taxation. (h) The General Assembly may exempt from all ad valorem taxes, except for school purposes, all property and improvements thereon, which property is held under lease from the State or any instrumentality thereof, and which is located on an island owned by the State and operated by an Authority created by the General Assembly.

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Paragraph 4. Revocation of Tax Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void. Paragraph 5. Local Taxation. The General Assembly may authorize any county, or municipal corporation or other political subdivision to exercise the power of taxation for any public purpose as authorized by law or by this Constitution, and unless otherwise provided by this Constitution or by law no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. SECTION 2. PUBLIC FUNDS Paragraph 1. (a) State Aid Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation, or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation except as may be otherwise expressly authorized in this Constitution. (b) Aid to Churches, Sects Forbidden. Public funds shall not be used, directly or indirectly, in aid of any church, sect, denomination of religionists, or any sectarian institution. Paragraph 2. Taxing Power and Contributions of Counties, Municipal Corporations and Political Subdivisions Restricted. Except as may be otherwise expressly permitted by this Constitution, the General Assembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contributions or otherwise, to become a stockholder in any company, corporation, or association, or to appropriate money for or to lend its credit to any corporation, company, association, institution or individual except for purely public charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.

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Paragraph 3. Donations and Gratuities. Neither the General Assembly nor any public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation or association, nor grant or authorize extra compensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into, except that the General Assembly may authorize the grant of scholarship and educational aid and loans in furtherance of health, education and welfare programs. The General Assembly is authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant. Paragraph 4. Profit on Public Money. It shall be unlawful for any public officer or employee, including any member or officer of the General Assembly, directly or indirectly, to receive any interest, profit or perquisite from the use, loan or disposition of public funds. The General Assembly shall provide appropriate penalties therefor, including disqualifications from holding public office or employment. Paragraph 5. State Monies to General Fund. Sale of Certain State Properties, Use of Proceeds. (a) All money collected from taxes, fees and assessments for State purposes under laws enacted by the General Assembly shall be paid into the general fund of the State Treasury to be appropriated therefrom solely in the manner required by this Constitution and to be expended solely for the purposes authorized by this Constitution. (b) The State shall not sell or lease any real property except as now or hereafter provided by the General Assembly. No State Authority shall sell or lease any real property owned by it except as now or hereafter provided by the General Assembly. In the event any such sale is authorized, the net proceeds therefrom shall be used for

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capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation unconditionally guaranteed by the State, or the payment of any obligation of any authority or public corporation the payment of which is secured by a contract with the State or any department or agency thereof. Paragraph 6. Expenditure of State Funds. Funds paid into the general fund of the State Treasury may be appropriated by the General Assembly for the following public purposes. (a) To suppress insurrection, to repel invasion, and defend the State in time of war. (b) To support the departments, agencies, institutions and administration of government. (c) To support public schools, public education, and activities necessary and incidental thereto, including school lunch purposes, as may be determined by the General Assembly. (d) To pay the principal and the interest on any authorized debt contracted by the State and to provide a sinking fund therefor. (e) To construct and improve State-owned buildings and properties, and to construct, maintain or aid in the construction or maintenance of systems of publicly owned highways, streets, sidewalks, bridges, airports, docks; and mass transit systems for transportation of passengers for hire as the General Assembly may consider necessary for the public interest. (f) To provide for such programs of public health and welfare as authorized by law. (g) To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State. (h) To provide scholarship and educational aid and loans as an incident of public health, education, and welfare programs authorized by the General Assembly.

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(i) To provide insurance and retirement benefits, compensatory in nature, for public officers and employees and public school teachers and personnel, their dependents and survivors, and to make such employer-contributions under Federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by the aforesaid employees, their dependents and survivors, as may be authorized by law. (j) To make grants to municipal corporations and counties for general or special purposes, as may be authorized by law. Paragraph 7. Expenditure of Funds Raised by Local Taxation. Funds raised by taxation by any county or municipal corporation or any other local unit of government authorized to levy taxes may be expended for any public purpose authorized by this Constitution and such other public purposes as may be authorized by the General Assembly. SECTION 3. PUBLIC DEBT Paragraph 1. State Debt. (a) Purposes for which Created. No debt shall be contracted by, or on behalf of the State, except: contracts by the State, or any department or agency of the State, the execution of which is authorized in Paragraph 3 of this Section; loans made to supply such temporary deficit as may exist in the treasury in any year; and debts incurred to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt. No loan made to supply a temporary deficit may be made when there is a loan then unpaid which was made in a prior fiscal year for that purpose. The State is hereby authorized to guarantee payment unconditionally of any obligation hereafter issued by any authority or public corporation activated prior to January 1, 1961, the payment of which is secured by any contract with the State, or any department, or agency of the State, the execution of which contract is authorized in this Constitution; and to

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guarantee payment unconditionally of student loans for higher education under programs authorized by the General Assembly. (b) State Sinking Funds. In the event the State shall incur any bonded indebtedness under the provisions of this Constitution, the General Assembly, at or before the time of so doing, shall provide for the assessment and collection annually of a tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date of incurring such indebtedness. All amounts collected from any source for the purpose of paying said indebtedness shall be placed in a sinking fund separate and apart from other funds of the State and shall be held and used solely for the purpose of paying said indebtedness. Moneys in the sinking fund may be invested and reinvested in obligations of the United States of America or obligations the payment of which is unconditionally guaranteed by the United States of America. (c) Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or other political subdivision of this State unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war. Paragraph 2. Local Debt. (a) Debts of Counties, Municipalities and School Districts. The debt of any county, municipal corporation, county school district, area school district or other political subdivisions, except for contracts authorized in Paragraph 3 hereof, and as in this Constitution otherwise provided for, shall never exceed seven per centum in the case of any county, municipal corporation or other political subdivision, or ten per centum in the case of county school districts or area school districts, of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district or area school district or other political subdivision shall incur any new debt including the additional debt authorized in subparagraph (b) of this Paragraph, except for a temporary loan as provided for in this Constitution and except

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for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization programs for ad valorem tax purposes, without the assent of a majority of the qualified voters thereof voting in an election for that purpose held as prescribed by law. Registration of voters for any such election shall be as provided for general elections and the General Assembly shall have no power to provide any form of special registration of voters for any such election. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness. Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the Federal Government, or any agency thereof, to aid in financing the cost of studies, plans, surveys and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt within the limitation set forth in the preceding paragraph. Debts created for property valuation and equalization programs shall not be included in the limitations established in the preceding provision of this paragraph and debt created for such purposes may be incurred without an election but the same must be repaid in equal annual installments within not more than seven years from the date of its creation and the interest payable thereon shall not exceed five per centum per annum; provided, however, no such debt may be incurred until such program and all contracts to be entered into in connection therewith shall have been approved by the State Revenue Commissioner and an agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Commissioner's rules and regulations. (b) Additional Debt Authorized. In addition to the debt permitted up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision up to an additional

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three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such additional indebtedness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph. (c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other political subdivision shall have the right to issue bonds without an election to refund any outstanding bonded indebtedness provided that the issuance of such refunding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the refunding bonds will reduce the total combined principal and interest payable on such outstanding bonds. The total principal amount of such refunding bonds shall not exceed the total principal amount of the bonds being refunded. (d) Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivision shall be placed in a sinking fund separate and apart from all other moneys of such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness. (e) Sinking Fund Investments. The moneys in any such sinking funds shall be invested and reinvested by or at the direction of the governing authorities of such county, municipal corporation, county school district, area school district or other political subdivision in obligations of, or unconditionally guaranteed by, the United States Government; in obligations of the State of Georgia; in obligations of any authority or public corporation, the payment of which is unconditionally guaranteed by the State of Georgia, or the payment of which is secured by a contract the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in

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direct general obligation bonds, which have been validated as provided by law, or any county, municipal corporation, county school district, area school district or other political subdivision of this State. (f) Temporary Loans. In addition to the other indebtedness permitted by this Constitution, any county, municipal corporation, county school district, area school district or other political subdivision is hereby authorized to make temporary loans between January 1st and December 31st in each year to pay expenses for such year and may issue promissory notes or tax anticipation certificates to evidence any such indebtedness and taxes anticipated to be collected may be pledged and encumbered and a lien created thereon as security for the payment of such promissory notes or of such tax anticipation certificates provided that the aggregate of all such indebtedness outstanding shall not exceed seventy-five percentum of the total gross income received by such county, municipal corporation, county school district, area school district or political subdivision from taxes collected or received in the last preceding year and all such indebtedness shall be payable on or before December 31st of the calendar year in which such loan is made. No election shall be required to authorize any such indebtedness and the same shall not be considered in determining any debt limitation provided for in this Constitution. No such temporary loan may be made in any year when there is a temporary loan then unpaid which was made in a prior year. No such county, municipal corporation, county school district, area school district or political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue for such calendar year. (g) Levy of Taxes to Pay Indebtedness. Any county, municipal corporation or other political subdivision which shall incur any indebtedness; including indebtedness incurred for property valuation and equalization programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the prinicipal of and the interest on said

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indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Constitution for the repayment of a particular class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent necessary for [Illegible Text] purpose. Any such taxes shall be in addition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied. SECTION 4. REVENUE OBLIGATIONS Paragraph 1. Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or local subdivision, or may itself create and authorize any public corporation or authority, to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly such obligations shall not constitute indebtedness within the meaning of Paragraph 1 (a) or Paragraph 2 (a) or (b) of Section 3 of this Article. The power of taxation shall not be exercised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable solely from the revenues produced in carrying on the authorized public purpose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof. Paragraph 2. Purposes for Which Authorized. Revenue obligations may be issued to provide funds to pay the cost, in whole or part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, airports, harbor facilities, water, sewerage, garbage or sewage collection, treatment and disposal systems, gas or electric systems (including dams, reservoirs, generating stations and similar facilities), recreational, amusement, educational and exhibition facilities, beach erosion protection systems, public parking buildings and facilities,

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including parking meters, public facilities for mass transit systems for the transportation of passengers for hire, and such other kinds of public property and facilities as may be authorized by the General Assembly. Paragraph 3. Election Required for Gas or Electric Systems. However, before any such obligations may be issued for any purpose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected, provided a majority of the registered voters thereof voted in such election. In other respects, such election shall be held in the same manner as an election under Paragraph 2 (b). Such an election, however, shall not be required to authorize the issuance of obligations for the purpose of refunding outstanding obligations originally authorized and issued for the aforesaid purpose. After any such favorable election has been held, if municipalities, counties or other political subdivisions, shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipality or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county or counties shall be subject to taxation and regulation as are privately owned and operated utilities. Paragraph 4. Industrial Development Purposes. Revenue obligations may also be issued to finance the cost of land, buildings, facilities, machinery or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any county, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such purpose.

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SECTION 5. INTERGOVERNMENTAL CONTRACTS Paragraph 1. Contracts for Use of Public Facilities. The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. Paragraph 2. Care and Hospitalization of Indigents. Any county, municipal corporation or other political subdivision may contract with any public agency, public corporation or authority for care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay the costs thereof, the cost of acquisition, construction, modernization or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and facilities. Paragraph 3. Local Taxation Authorized. Any county, municipal corporation, school district, or other political subdivision, having the power to tax, may exercise such power to the extent necessary to pay the obligations contractually incurred under this Section and may also expend any other public funds, from whatever source derived for such purpose. ARTICLE 6. EDUCATION SECTION 1. PUBLIC EDUCATION Paragraph 1. Public Education; Support by Public Funds. An adequate common school education for its citizens

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shall be a primary obligation of the State of Georgia and its political subdivisions, the expenses of which shall be borne out of public funds. The General Assembly shall by taxation or otherwise provide for such public funds and may prescribe the terms and conditions upon which State funds shall be made available for this purpose. Paragraph 2. Public Education; Other than Common Schools. The General Assembly may provide for an adequate public education for its citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may prescribe. SECTION 2. STATE BOARD OF EDUCATION Paragraph 1. State Board of Education; Method of Appointment. The constitutional State Board of Education having heretofore been created is hereby recreated and continued as the constitutional State Board of Education. There shall be a member of such Board from each congressional district in the State who shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The first State Board of Education under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven-year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board

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for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law. SECTION 3. STATE SCHOOL SUPERINTENDENT Paragraph 1. State School Superintendent; Election; Term. There shall be a State School Superintendent who shall be the Executive Officer of the State Board of Education and the Chief Administrative Officer of the State Department of Education. He shall be elected at the same time, in the same manner and for the same term as the Governor. He shall have such qualifications and compensation as may be provided by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the term for which he shall have been appointed. SECTION 4. BOARD OF REGENTS Paragraph 1. Board of Regents of the University System of Georgia. The Board of Regents of the University System of Georgia, having heretofore been created as a constitutional

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board, is hereby recreated and continued as a constitutional board. The Board shall be composed of one member from each congressional district in the State and five additional members from the State-at-large, and all members shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms heretofore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented to the Senate for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The Governor shall not be a member of said Board. The government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board shall have such further powers and duties as may be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law. SECTION 5. LOCAL SCHOOL SYSTEMS Paragraph 1. School Districts. Authority is granted to counties and area school districts to establish and maintain public schools. Existing county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district. No such consolidation or merger shall become effective until approved by a majority of those voting in a referendum in each separate school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of the State. Any school district or system

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consolidated or merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the area school district. Paragraph 2. Boards of Education. Each school district or system shall be under the management and control of a board of education which shall have such powers and duties as provided by law, the members of which shall be elected or appointed as provided by law. School board members shall be freeholders and shall reside within the territory embraced by the school district or system. Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as provided by law. Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of selecting Board members and School Superintendents shall be as provided by law applicable thereto at the effective date of this Constitution but may be changed thereafter by general or local law, conditioned upon approval by a majority of those voting in a referendum in the system or district affected. Paragraph 5. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils, and such other activities as they be authorized by law to perform, not in conflict with the provisions of this Constitution. SECTION 6. MAINTENANCE AND PROTECTION OF CERTAIN SCHOOL SYSTEMS Paragraph 1. Maintenance of Existing Independent Systems. Authority is hereby granted to political subdivisions to maintain existing independent school systems, and

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support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. Paragraph 2. Systems Established Prior to Constitution of 1877 and by Constitutional Amendments Prior to January 1, 1949. Public school systems established prior to the adoption of the Constitution of 1877 and systems established by constitutional amendments passed and ratified prior to January 1, 1949, shall not be affected by this Constitution. SECTION 7. MEETINGS OF BOARDS OF EDUCATION Paragraph 1. Board Meetings to be Public. All official meetings of boards of education shall be open to the public. Provided, that such Boards may go into executive session for the purpose of discussion only. However, all votes of such school Board on any issue must be open to the public. SECTION 8. BEQUESTS, DONATIONS AND GRANTS Paragraph 1. Bequests, Donations and Grants. The State Board of Education, the Regents of the University System of Georgia, and all other boards of education may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. SECTION 9. LOCAL TAXATION FOR EDUCATION Paragraph 1. Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar, as certified to it by the county board of education, upon the assessed value of all taxable property within the county, exclusive of any independent

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school system therein. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made, it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. Such school tax fund shall be expended only for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunch purposes. Paragraph 2. Increasing or Removing Tax Rate. The millage limitation provided in Paragraph 1 may be increased or removed by action of the County Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the school district to be affected, in the manner prescribed by law. The millage or other limitation prescribed by any general or local law applicable to any area school district may likewise be increased or removed by action of the Area Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the area school district to be affected, in the manner prescribed by law. The millage limitations provided by any City Charter or any Local or Special Tax for the support and maintenance of an independent school system may be increased or decreased by action of the Independent System Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the Independent school district to be affected, in the manner prescribed by law. Paragraph 3. Increasing Tax Rate to Receive Available State Funds. If the maximum millage levy which can be certified to the appropriate fiscal authority or authorities by a county or area board of education under provisions of Paragraphs 1 or 2 of this Section, or under provisions of any general or local law applicable to area school districts,

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shall not be sufficient to produce the amount of school funds which the county or area school district may be required by law to raise in order to receive the full allotment of State educational funds available for support, maintenance or improvement of education in the county or area school district, the board of education of the county or area school district shall, notwithstanding the limitations contained in Paragraphs 1 or 2 of this Section, or as may be contained in general or local law applicable to area school districts, but for not more than two years in succession, be authorized to certify to the appropriate fiscal authority or authorities a millage levy that will be sufficient to produce the amount of school funds needed in order to receive allotment of all available State educational funds, and upon such certification being made, the fiscal authority or authorities of the county or territories, as the case may be, shall levy such tax or furnish such funds, as the case may be, in accordance with such certification. Paragraph 4. Financial Assistance by Municipalities. Any municipality located within any county school district or area school district may, in addition to the requirements of this Constitution, contribute additional local funds to the financial support of the public school system maintained by such district from any funds other than State grants which are available to the municipality. SECTION 10. EDUCATIONAL GRANTS AND FREEDOM OF ASSOCIATION Paragraph 1. Grants for Education. The General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligations of the State to provide adequate education for its citizens. Paragraph 2. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate.

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SECTION 11. SPECIAL SCHOOLS Paragraph 1. Special Schools; Creation; Taxes and Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof, may establish, pursuant to general or local law enacted by the General Assembly, one or more special schools such as vocational trade schools, schools for exceptional children, and schools for adult education in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereof shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to the provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law. Paragraph 2. Special Schools Heretofore Established Protected. Special schools, including vocational trade schools, established prior to the adoption of this Constitution, which were established under the provisions of Article

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VII, Section VI, Paragraph I (d) of the Constitution of 1945, shall not be affected by this Constitution, and any political subdivision which has established such school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness, not to exceed three per centum of the assessed value of all the taxable property therein, for the support of, or acquisition and construction of facilities for, such school. Any such bonded indebtedness shall be incurred pursuant to the provision of Article 5, Section 3, Paragraph 2 of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be prescribed by the State Board of Education, subject to the provisions of law. ARTICLE 7. COUNTIES AND MUNICIPAL CORPORATIONS HOME RULESLUM CLEARANCE AND REDEVELOPMENT SECTION 1. COUNTIES Paragraph 1. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided. Paragraph 2. Counties; Number; New. There shall not be more than one one hundred and fifty-nine counties in

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this State, and no new county shall be created except by the consolidation or merger of existing counties. Paragraph 3. Counties, Consolidation, Merger, Division, Dissolution; Method. Upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the registered electors of such county seeking to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county and the merger of portions thereof into other counties, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum of the registered voters of such other county or counties affected, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Provided, however, any election

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held pursuant to the call of the Governor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be designated by law, without regard to the provisions of Paragraph 5 hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law. Paragraph 4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed unless under the operation of a general law for that purpose. Paragraph 5. County Sites Changed; Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a twothirds vote of the qualified voters of the county voting at an election held for that purpose and by a majority vote of the General Assembly. Paragraph 6. County Officers, Elections, Terms and Compensation. (a) The Clerk of the Superior Court, Ordinary, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner, Treasurer, Coroner and Surveyor shall be elected by the electors of their county for terms of four years. Their qualifications, powers and duties, and the grounds and procedure for their removal, shall be as provided by general law. (b) Subject to Article 2, Section 8, Paragraph 6, the General Assembly, by local act, may abolish any county office, except the office of Ordinary, and transfer the powers and duties thereof to another county office or otherwise make provision therefor.

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(c) County officers shall be compensated on a fee basis, a salary basis or any combination thereof, as the General Assembly may provide. Any fee authorized to be paid as compensation to any county officer shall be prescribed in a general law which shall be applicable uniformly throughout the State. When the compensation of a county officer is prescribed in a local act, he shall not receive any fees, compensation or allowances under the provision of any general law unless specifically authorized to do so in such local act. The General Assembly by general law, may abolish the fee system of compensation of any county officer and in this event, no such officer shall receive any fees under the provisions of any general or local law. Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local act, which shall include the authority to create a single county commissioner. Such commissioners may be designated commissioners of roads and revenues if so provided in such act. Such commissioners shall be the governing authority of the county and such local act shall provide the qualifications, terms and compensation thereof. Such commissioners shall have the power and duties provided in this Constitution and such powers and duties as may be provided in such local act. In prescribing such powers and duties, the local act may grant such commissioners any or all of the powers and duties provided by general law for the ordinary when serving as governing authority of the county, but such commissioners may not be granted any other powers or duties which are in conflict with the provisions of any general law. County commissioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be appointed, in such manner as may be provided by local act. Paragraph 8. Powers of County Government. (a) In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the following powers, which are hereby declared to be public purposes.

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1. Pay the expenses of administration of the county government. 2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit systems for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records of vital statistics. 5. Establish and maintain a county police department. 6. Provide medical or other care and hospitalization for the indigent sick and to support paupers. 7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents. 8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law. 9. Provide fire protection for forest lands and conserve natural resources. 10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors; provided that

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all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds. 11. Establish and maintain a recreation system. 12. To the extent that governmental immunity from liability for injuries to persons or property does not apply to counties and to its activities, or is waived by the General Assembly, the purchase of liability insurance to provide protection against such liability. Also to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a governmental undertaking or not. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of such insurance coverage, and any verdict or judgment in excess of such insurance coverage against the county arising out of an action which would have otherwise been subject to governmental immunity shall be reduced to an amount equal to the insurance coverage thereon. (b) Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law. (c) Any county is hereby authorized to exercise the power of eminent domain for any public purpose. Paragraph 9. Home Rule for Counties. (a) The governing authority of each county shall have legislative power

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to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof. (b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth: 1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.

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2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least ten per centum of the electors of the county registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The ordinary shall determine the validity of such petition. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special 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. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.

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(c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution. 1. Action affecting any elective county office or the personnel thereof other than the county governing authority. 2. Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for criminal punishment. 4. Action adopting any form of taxation beyond that authorized by law on the effective date of this Constitution. 5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law on the effective date of this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system. (d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. (e) Nothing in this Paragraph shall affect the provisions of Paragraphs 10 and 11 of this Section.

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Paragraph 10. Salary of County Employees; How Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees. Paragraph 11. County Planning and Zoning. The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential, and recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in conjunction with any combination of other counties and municipalities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission. SECTION 2. MUNICIPAL CORPORATIONS Paragraph 1. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality or municipal boundaries changed, except by local act of the General Assembly or by such methods as may be provided by general law. Paragraph 2. Home Rule for Municipalities. (a) The governing authority of each municipality shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which are not inconsistent with this Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect

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until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a municipal governing authority under this Section, except as authorized under Subparagraph (c) hereof. (b) Except as provided in Subparagraph (c), a municipality may, as an incident of its home rule power, amend its charter by following either of the procedures hereinafter set forth: 1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority for the purpose of examination and inspection by the public. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. 2. Amendments to such charters or amendments or to repeals of such ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the governing authority of the municipality containing the signatures of at least ten per centum of the electors of the municipality registered to vote

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in the last general municipal election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The governing authority shall determine the validity of such petition. In the event the governing authority determines that such petition is valid, it shall be the duty of such authority to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the municipality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority for the purpose of examination and inspection of the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the municipality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.

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(c) The power granted to municipalities in Subparagraphs (a) and (b) shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution. 1. Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation, of the municipal governing authority. 2. Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State, and to prescribe penalties for such ordinance violations. 3. Action adopting any form of taxation beyond that authorized by law on the effective date of this Constitution. 4. Action affecting the exercise of the power of eminent domain. 5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general law on the effective date of this Constitution. 6. Action affecting any court or the personnel thereof, except any municipal court having jurisdiction only over municipal ordinances. 7. Action changing charter provisions relating to the establishment and operations of an independent school system. (d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private

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or civil relationships, except as is incident to the exercise of an independent governmental power. (e) Nothing in this Paragraph shall affect the provisions of Paragraphs 3 and 4 of this Section. Paragraph 3. Salary of Municipal Employees; How Fixed. The governing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal officers and employees and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits, for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors, provided that all such payments for public school teachers and personnel shall be paid from education funds. Paragraph 4. Municipal Planning and Zoning. The governing authority of each municipality is empowered to enact appropriate planning and zoning ordinances for public safety, historic, health, business, residential or recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in conjunction with any combination of other municipalities and counties of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission. SECTION 3. SLUM CLEARANCE AND REDEVELOPMENT Paragraph 1. Slum Clearance and Redevelopment. The General Assembly may provide by law that any county, municipal corporation or housing authority, or any combination thereof, may undertake and carry out slum clearance and redevelopment work, including the acquisition and

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clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. SECTION 4. GENERAL PROVISIONS APPLICABLE TO ALL LOCAL UNITS Paragraph 1. Consolidation of Governments. The General Assembly may provide for the consolidation of any or all of the governmental and corporate functions now or hereafter vested in municipal corporations with the governmental and corporate functions now or hereafter vested in the counties in which such municipal corporations are located; provided, such consolidation shall not become effective until submitted to the qualified voters residing within the municipal corporation and in the county outside thereof, and approved by a majority of those voting in the municipality and by a majority of those voting in the county outside the municipal corporation. Paragraph 2. Filing and Publication of Laws. No amendment or revision of any local act made pursuant to Paragraph 9 of Section 1 of this Article or of any charter made pursuant to Paragraph 2 of Section 2 of this Article shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.

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ARTICLE 8. AMENDMENTS TO THE CONSTITUTION SECTION 1. CONSTITUTION AMENDED, HOW Paragraph 1. Proposals to Amend or Revise the Constitution; New Constitution. Revisions of or amendments to this Constitution, or a new Constitution, may be proposed by the General Assembly, or by a constitutional convention as hereinafter provided. No amendments except those of a general nature having uniform operation throughout the State shall be proposed. Paragraph 2. Proposal by General Assembly; Submission. A proposal by the General Assembly to amend or revise this Constitution or for a new Constitution shall originate as a resolution in either the House or Senate and if approved by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment or revision or new Constitution shall be in such words as the General Assembly may provide in the resolution, or in failure thereof, in such language as the Governor may prescribe. If such proposal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or revised or new Constitution as the case may be. Any proposal so approved shall take effect on the first day of January following the date of the vote thereon, unless the proposal shall provide otherwise. When more than one proposal is to be submitted at the same election, such proposals shall

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be submitted so as to enable the electors to vote on each proposal separately. Paragraph 3. Repeal or Amendment of Proposal. Any proposal to amend this Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly by the affirmative vote of two-thirds of the elected membership of each house in a roll call vote entered on their respective journals if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted. Paragraph 4. Constitutional Convention; How Called. No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representative in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. ARTICLE 9. MISCELLANEOUS PROVISIONS SECTION 1. MISCELLANEOUS PROVISIONS Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified; and all general, special and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.

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Paragraph 2. Continuation of Previous Constitutional Amendments. If constitutional at the time they became effective, amendments to the Constitution of 1877 which were continued in force by Article VII, Section X of the Constitution of 1945, amendments to the Constitution of 1945 which required a vote of the people of the political subdivision or subdivisions directly affected in order to be ratified, and amendments to the Constitution of 1945 using population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be legal, valid and constitutional under this Constitution, and the rights, authority and privileges granted under said amendments are hereby confirmed and approved and may be exercised as therein provided, unless expressly amended or repealed as hereinafter provided. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization contained in any of the aforesaid amendments are likewise continued in force and effect as such laws existed at the time of the effective date of this Constitution, and are hereby declared to be constitutional under this Constitution. If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification and in no event shall contractual or other vested rights be adversely affected thereby. Paragraph 3. Ratification of Certain Statutes. If not in conflict with the provisions of this Constitution, all statutes enacted after the time of the ratification of this Constitution and before the time of the effective date of this Constitution, which have the same or a later effective date

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as this Constitution, are hereby declared to be constitutional under this Constitution. Paragraph 4. Special Provisions With Respect to Ports Authorities. The creation of the Brunswick Ports Authority, the Savannah District Authority (formerly named Savannah Port Authority) and the Georgia Ports Authority and the grant of powers thereto by the General Assembly of Georgia, pursuant to statutes enacted prior to the effective date hereof, is hereby ratified and the constitutionality of such creation and the grant of said powers and the exercise thereof is hereby confirmed until changed by law. In order that ports authorities may be named in uniformity and recognized as such, the name of the Savannah District Authority is hereby changed to Savannah Port Authority, and all grants of powers given it in its name of Savannah District Authority are hereby confirmed. Paragraph 5. Effective Date. This Constitution shall become effective on April 1, 1965. Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in November, 1964, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words for the amendment revising the Constitution. Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words against the amendment revising the Constitution. If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Constitution of 1945 as the revised Constitution of Georgia.

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JASPER COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 4 (House Resolution No. 12-7). A Resolution. Proposing an amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District; 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 is hereby amended by adding at the end thereof the following: When selecting the members of the County Board of Education of Jasper County, the Grand Jury of such County may select such members without regard to Militia District lines and any number of members of said Board may reside in the same Militia District. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, 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 that any number of members of the County

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Board of Education of Jasper County may reside in the same Militia District. Against ratification of amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. WARE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 5 (House Resolution No. 13-10). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; 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. A Resolution proposing an amendment to the Constitution relative to the election of members of the Board of Education of Ware County by the people and for the appointment of the County School Superintendent of Ware County by the Board, designated as Resolution Act No. 140 and found in Georgia Laws 1964, p. [928], is hereby repealed in its entirety. Section 2. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The Board of Education of Ware County shall be composed of one member from the county at large and one member from each of the four Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county with the exception of those voters residing in the corporate limits of the City of Waycross. For the purpose of electing the members of the Board of Education of Ware County, Ware County is hereby divided into four Education Districts. Education District No. 1 shall be composed of all that territory contained in the Wacona Elementary School District. Education District No. 2 shall be composed of all that territory contained in the Emerson Park and Memorial Drive School District. Education District No. 3 shall be composed of all that territory contained in the Waresboro and Pinecrest School District. Education District No. 4 shall be composed of all that territory contained in the Millwood and Manor School Districts. A the General Election in November of 1966, the five members of the Board shall be elected for terms as hereinafter provided. The members elected from the county at large and from Education Districts Nos. 1 and 2 shall be elected for terms of four years and until their successors are elected and qualified. The members elected from Education Districts Nos. 3 and 4 shall be elected for terms of two years and until their successors are elected and qualified. All such members shall take office January

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1, 1967. Thereafter, all members shall be elected for terms of four years and until their successors are elected and qualified, and shall be elected at the General Election in the year of the expiration of their terms of office. All members shall take office on the first day of January immediately following their election. `In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect 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 from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board. The Board of Education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and shall be subject to all Constitutional and statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment. 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.

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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 members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. THOMASTON OFFICE BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 6 (House Resolution No. 14-16). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Thomaston Office Building Authority; to

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provide the manner in which the name of such Authority may be changed; to authorize the said Authority to acquire, construct, equip, maintain and operate self-liquidating projects embracing buildings and facilities for use by the City of Thomaston, Georgia, for its governmental, proprietary and administrative functions and for use by such other agencies, authorities, departments and political subdivisions of the State of Georgia or of the government of the United States as may contract with the Authority for the use of such facilities; to authorize the City of Thomaston, Georgia, to lease or sell lands, buildings or lands and buildings to such Authority; to provide for the appointment of the members of the Authority; to provide for the manner of changing the number of members and the manner of their appointment; to define certain words and terms; to confer powers and impose duties on the Authority; to grant limitations to the Authority; to authorize the Authority and the City of Thomaston, Georgia, and the Authority and other agencies, authorities, departments and political subdivisions of the State of Georgia to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall severally obligate the respective political subdivisions to make payment for the use of the facilities for the term thereof definite and certain and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Thomaston, Georgia, or of any political subdivision of the State of Georgia, within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia shall be incurred in the exercise of any of the powers granted hereunder; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents and earnings or other funds of the Authority; to pay the costs of such projects; to authorize the collection and pledging of such revenues, rentals and earnings for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Authority exempt

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from taxation; to provide the right and power for the Authority to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to exempt the property and income of the Authority from taxation; to provide for the Authority immunity and exemption from liability for torts and negligence; to provide that the property of the Authority shall not be subject to levy and sale except under certain conditions; to provide that this amendment shall be liberally construed; to provide an effective date for this amendment; to provide that no enabling legislation shall be necessary; to define the scope of the Authority's operations; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Thomaston Office Building Authority: A. Creation. There is hereby created a body politic to be known as the Thomaston Office Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly. B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating self-liquidating projects embracing buildings and facilities for use by the City of Thomaston, Georgia, for its governmental, proprietary and administrative functions and for the use by such other agencies, authorities, departments and political subdivisions of the

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State of Georgia or the government of the United States as may contract with the Authority for the use of such facilities. The City of Thomaston, Georgia, is hereby granted the authority to lease or sell lands, buildings or land and buildings now owned by the City of Thomaston, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided that such sales by the City of Thomaston, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration. C. Membership. The Authority shall consist of three members, one of whom shall be the Mayor of the City of Thomaston, Georgia, one of whom shall be a City Councilman of the City Council of the City of Thomaston, Georgia, who shall be selected by the City Council of said City of Thomaston, Georgia, and one of whom shall be a freeholder and qualified registered voter of said City of Thomaston, Georgia, selected by the Mayor and Council of the City of Thomaston, Georgia. The terms of office of members of said Authority, as to the Mayor of the City of Thomaston, shall be for the same term as he is acting in the official capacity as Mayor, the other two members of the Authority shall hold office for a term of one calendar year and until their successors shall be selected and appointed. Any vacancy on the Authority, except the member who shall be the Mayor of the City of Thomaston, may be filled for any unexpired term by the Mayor and Council of the City of Thomaston. Immediately after such appointments, the members of such Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses necessarily

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incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership of the Authority or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly. D. Definitions. As used herein the following words and terms shall have the following meanings: (1) The word `Authority' shall mean the Thomaston Office Building Authority herein created. (2) The words `City of Thomaston' and `City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of the `City of Thomaston'. (3) The word `project' shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities intended for use as courthouse, jail, police station, fire station, administrative offices and other offices and related uses, and all buildings, structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, office, commission or agency of the City of Thomaston in the performance of its governmental, proprietary and administrative functions, or of such buildings and facilities intended for use by any division, department, institution, agency or political subdivision of the State of Georgia, or the government of the United States. (4) The term `cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal expenses, and of plans and specifications,

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and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions herein. (5) The terms `revenue bonds' and `bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. L. 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for herein. (6) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues to be derived by the Authority from rentals of said project or projects to the City of Thomaston or agencies, authorities, departments and political subdivisions of the State of Georgia and of the United States will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. E. Powers. The Authority shall have the powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

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(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respects 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 as provided herein except from the funds provided herein, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired as provided herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; (4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Thomaston and any divisions, departments, institutions, agencies, counties or political subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said City and any division, department, institution, agency or political subdivision of the State of Georgia to enter into lease contracts and related agreements

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for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution, agency or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and the City of Thomaston may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof: (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

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(10) To do all things necessary or convenient to carry out the powers expressly given herein. F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at usch time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. G. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered from, or both, as

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the Authority may determine and provision may be made for the registration of any coupon bonds as to the principal alone and also as to both the principal and interest. H. Same; Signatures; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the offical seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. I. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions hereof shall be fully negotiable for all purposes and shall have and are hereby declared to have all of the qualifications of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. J. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority. K. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds

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or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. L. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. M. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. N. Same; Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds upon the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as herein provided. O. Same; Credit Not Pledged and Debt Not Created. Revenue bonds issued by the Authority hereunder shall

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not be deemed to constitute a debt of the City of Thomaston, Georgia, nor of any municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia. P. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed

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and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Q. Same; To Whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as are herein provided and such regulations as may be provided in such resolution or trust indenture. R. Same; Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the

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Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust identure, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. S. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture,

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to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. T. Same; Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable. U. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Upson County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. V. Same; Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds

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when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Thomaston Office Building Authority. W. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. X. Monies Received Considered Trust Funds. All monies received pursuant to the Authority hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided for herein. Y. Exemption from Taxation. It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation and maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority.

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Z. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia has 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. The Authority may be sued in the same manner as private corporations may be sued on any contractural obligation of the Authority. AA. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. BB. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. CC. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. DD. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, 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 not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of

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the City of Thomaston, Georgia, as the same now or may hereafter exist and within the limits of the area of Upson County, 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to create the Thomaston Office Building Authority and to provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and validation and the effect thereof. Against ratification of amendment to the Constitution so as to create the Thomaston Office Building Authority and to provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and validation and the effect 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

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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. OCILLA-IRWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 7 (House Resolution No. 27-34). A Resolution. Proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; to provide for powers, authority, funds, purposes, and procedures 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 to be known as the `Ocilla-Irwin County Industrial Development Authority', which shall be an instrumentality of the State of Georgia and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. The Authority shall consist of six members, who shall be eligible for reappointment. The Chairman of the Board of Commissioners of Roads and Revenues of Irwin County shall appoint himself and one other member of the Board to membership on the Authority. The

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Mayor of Ocilla shall appoint himself and one member of the City Council to membership on the Authority. The President of the Irwin County Chamber of Commerce shall appoint himself and one member of the Board of Directors of the Irwin County Chamber of Commerce to membership on the Authority. The terms of office of all persons appointed to membership on the Authority shall be concurrent with their respective terms as Chairman of the Commissioners of Roads and Revenues of Irwin County, Commissioner of Roads and Revenues of Irwin County, Mayor of the City of Ocilla, Councilman of the City of Ocilla, President of the Irwin County Chamber of Commerce, and Director of the Irwin County Chamber of Commerce. Vacancies for unexpired terms shall be filled by the Chairman of the Commissioners of Roads and Revenues, Mayor of the City of Ocilla, and President of the Irwin County Chamber of Commerce in the same manner as appointments. A majority of the Directors shall constitute a quorum and the majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act. In the event, the Chamber of Commerce of Irwin County, Georgia, becomes inoperative and elects no officers, then the City Council of Ocilla, Georgia and the Board of Commissioners of Roads and Revenues of Irwin County may appoint one member each to the Authority on behalf of said Chamber of Commerce, until the Irwin County Chamber of Commerce becomes operative again. Members, etc. C. The members of the Authority shall elect one of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make bylaws and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence as hereinafter provided. Chairman, by laws, etc.

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D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Irwin County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Tax exemption. E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (1) The word `Authority' shall mean the `Ocilla-Irwin County Industrial Development Authority', created hereby. Definitions. (2) The word `project' shall be deemed to mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Irwin County, or any combination thereof, the acquisition of any such property for any such purpose or pusposes; the improvement of any such property or properties; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes. (3) The term `cost of project' shall embrace; the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improvements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping or operating of any project or any part thereof.

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F. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power: (1) to sue and be sued; Powers. (2) to adopt and amend a corporate seal; (3) to make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may be made with Irwin County or the City of Ocilla. Irwin County and the City of Ocilla are hereby authorized to enter into contracts with the Authority; (4) to receive and administer gifts, grants, and devises of any property and to administer trusts; (5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (6) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority; (8) to issue bonds for the purposes of providing funds for carrying out the purpose of the Authority; (9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties;

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(10) to construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use; (11) to issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue, anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered and the Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement of indenture. The State of Georgia in behalf of the State and Irwin County and the City of Ocilla hereby waives any right the State, Irwin County or the City of Ocilla may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered any such mortgage or encumbrance may be foreclosed in accordance with law and the terms hereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Irwin County, and the Superior Court of Irwin County shall have jurisdiction and the requisite notices shall be published in Irwin County. If no exception is filed to the decree validating

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such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom; (12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment. G. The governing authority of Irwin County is hereby authorized to levy an annual ad valorem tax on all taxable property located within the unincorporated areas of Irwin County not to exceed two mills per dollar on assessed valuation and the funds produced by such levy shall be used to aid and assist in the promotion of new industries and the expansion of agriculture, trade, and commerce. Tax by Irwin County. H. The governing authority of the City of Ocilla is hereby authorized to levy an annual ad valorem tax on all taxable property located within the corporate limits of said city not to exceed two mills per dollar on assessed valuation and the funds produced by such levy shall be used to aid and assist in the promotion of new industries and the expansion of agriculture, trade, and commerce. Tax by City of Ocilla. I. 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 the 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 the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort liability. 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. Property exempt from levy.

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K. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Irwin County and reduce unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Intent. L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within Irwin County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Irwin County. General Assembly. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the State of Georgia, Irwin County, or the City of Ocilla. Debt. N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Irwin County and the City of Ocilla, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. O. This amendment shall be self-executing and 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 dates. 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

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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 Ocilla-Irwin County Industrial Development Authority. Against ratification of amendment to the Constitution so as to create the Ocilla-Irwin County Industrial 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 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. CHARLTON COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 8 (House Resolution No. 28-34). A Resolution. Proposing an amendment to the Constitution so as to create the Charlton County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this

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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 Charlton to be known as the Charlton Development Authority, Folkston, Georgia, which shall be an instrumentality of Charlton County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of seven members who shall serve for a term of three, two and one years and who shall be eligible for reappointment. The Original seven members shall serve terms of, Three for three years, two for two years and two for one year. They shall be W. C. Odom, R. Ward Harrison, Theo Dinkins each to serve three years; Bob Adkins, Carl Jones, Jr., each to serve two years; H. R. Johnson, Doyal Lewis each to serve one year. The subsequent members shall be appointed by the Charlton County Commissioners. Vacancies shall be filled for the unexpired term by the authority 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. Members, etc. C. The property, obligations and the interest on the obligation of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Charlton County. Tax immunity. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of

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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 exemption from sale and use taxes on property purchased by the authority or for use of the Authority. D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within Charlton County,; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within Charlton 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 Charlton 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 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 maangement of the Authority;

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(7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in Charlton County, and to make long-range plans therefor; (8) To exercise such other powers and duties as may be delegated to it by the Charlton County Commissioners; (9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (10) To designate officers to sign and act for the Authority generally or in any specific matter; (11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Charlton County or the State of Georgia. Debt. 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; Tort liability. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by Authority and such compensation shall be paid from funds of the Authority; Members' compensation. H. The County of Charlton is authorized to levy an annual tax, not to exceed One and one half mills, on all taxable property within the County for the support of

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the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Charlton County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law; Tax by Charlton County. I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligation had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to authorize said authority to issue any bonds resulting in the creation of a lien against the tax digest of Charlton County; Bonds. 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; Property exempt from levy. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of

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Charlton County and its citizens, industry, agriculture, trade, commerce and recreation within Charlton County and making of long-range plans for such development and expansion. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; Intent. L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 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. General Assembly. 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 Charlton County or the State of Georgia. 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 submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Constitution so as to create the Charlton County Development 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

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amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns of 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. ROCKDALE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 9 (House Resolution No. 33-41). A Resolution. Proposing an amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County; to provide for their election and terms of office; to provide for the election of a chairman by the Board; to provide for his term of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding after that paragraph which reads as follows: The members of the county Board of Education of Rockdale 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

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successors are elected and qualified. Sixty days after the ratification of this amendment it shall be the duty of the Ordinary of Rockdale County to call an election for the purpose of election by the qualified voters in each school district of a member of the county Board of Educatiin from that school district. The members of the board who are elected at that time shall hold office 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. One member from each of the existing militia districts in Rockdale County shall be elected to serve on said board, and only the registered and qualified voters in each militia district shall vote for the election of a member from that district. For the purposes of this resolution each such militia district shall be known and designated as a school district., the following paragraphs: In addition to the members provided for above, there shall be two additional members of the Board of Education of Rockdale County who shall be elected by the qualified voters of the entire county. The first additional members shall be elected in the general election at which this amendment is ratified, and shall take office on January 1, 1965, and shall serve for a term of office of two years and until their successors are duly elected and qualified. Candidates offering for election to the Board at said election shall qualify with the Ordinary of Rockdale County between September 25, 1964 and October 7, 1964. Thereafter, all successors to the additional members of the Board of Education added by this amendment shall serve for a term of four years and until their successors are duly elected and qualified. At the first meeting of the Board in each odd-numbered year, the Board shall elect a chairman to serve for a term of office of two years. If any vacancy should occur in the office of chairman, the same shall be filled by the Board by electing a successor thereto.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published 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 add two additional members to the Board of Education of Rockdale County. Against ratification of amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale 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. POLK COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 10 (House Resolution No. 38-45). A Resolution. Proposing an amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger

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of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mills tax levy for educational purposes within Polk County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom those paragraphs and portions of paragraphs which read as follows: All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the control and management of a County Board of Education. There shall be a Polk County Board of Education which shall consist of nine (9) members, who shall serve without compensation. The judge of the superior court of said county shall appoint the first board and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk County which is now or may hereafter be under the jurisdiction of the Polk County Board of Education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk County Board of Education. All candidates for membership on the Polk County Board of Education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected members of said board. The new Board of Education provided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in December, 1950,

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and other elections shall be held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the County Board of Education shall be elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, Fite, and two members shall be elected from the elementary school attendance area of Rockmart. The membership of the Polk County Board of Education shall be enlarged to thirteen, if and when the independent school system of Cedartown merges with Polk County School System and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the first election for members of the board as herein provided. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for such publisher, or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education. Provisions stricken. There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal requirement as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent. That in addition to the tax of

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not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in Paragraph 1, Section 12, Article 8 of the Constitution, the fiscal authorities of Polk County shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the Polk County Board of Education. The number of members of the Polk County Board of Education shall be increased to thirteen (13) if and when the independent school system of Cedartown ceases to exist or merges with the Polk County school system and the retiring board of education of the Cedartown system, as constituted at the time of such merger, as herein described, shall appoint four (4) of their members to serve on the Polk County Board of Education, two (2) of which shall serve from the date of their appointment to December 31 of the year in which the first election, since the date of their appointment, for any members of the Polk County Board of Education is held; and two (2) of which shall serve from the date of their appointment to December 31 of the year in which the second election, since the date of their appointment, for any members of the Board of the Polk County Board of Education is held. The successors to such appointed additional members shall be elected at the same time, for the same term, and under the same rules and regulations as are members of the Polk County Board of Education at the time of said merger, as herein described, if any. In the event of said merger, as herein described, the City of Cedartown shall be represented on said board by four (4) members who resided within the city limits of Cedartown at the time of their election or appointment but each additional member shall also be a representative of the county at large and nothing contained herein shall be construed to limit the county-wide powers of such additional members. In addition to the tax of not less than five (5) mills

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nor greater than fifteen (15) mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems, as provided in Paragraph 1, Section XII, Article VIII of the Constitution, the fiscal authorities of Polk County shall levy a tax for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two (2) mills upon the dollar of all taxable property located in the County of Polk when such additional two (2) mill tax is recommended by the Polk County Board of Education. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two 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 remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County. Against ratification of amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk 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. WINDER-BARROW INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 11 (House Resolution No. 48-51). A Resolution. Proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; to provide for a different method of appointment of certain members of said Authority; to authorize Barrow County to levy a tax not to exceed one mill to support said Authority; to repeal Senate Resolution No. 180 adopted at the 1964 session of the General Assembly; 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. Senate Resolution No. 180, adopted at the 1964 session of the General Assembly and found in Georgia Laws 1964, at page 1047, proposing an amendment to the Constitution so as to authorize Barrow County to levy a tax not to exceed one mill for the purpose of encouraging

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and promoting the expansion and development of commercial industrial facilities in Barrow County, is hereby repealed in its entirety. 1964 amendment repealed. Section 2. Article 5, Section 10 of the Constitution, as amended by an amendment ratified at the November, 1962 General Election and found in Georgia Laws 1962, at page 1027, creating the Barrow County Industrial Building Authority, is hereby amended by striking Section 1, Paragraph A of said amendment in its entirety and substituting in lieu thereof a new Paragraph A to read as follows: A. There is hereby created a body corporate and politic in Barrow County, to be known as the Winder-Barrow Industrial Building Authority, which shall be an instrumentality of Barrow County and the City of Winder and a public corporation, and which in this amendment is hereafter referred to as the `Authority'. Created name changed. Said amendment is further amended by striking Section 1, Paragraph B, in its entirety and substituting in lieu thereof a new Paragraph B to read as follows: B. The Authority shall consist of five members. The President of the Winder-Barrow Chamber of Commerce, the Mayor of the City of Winder, and the Chairman of the Barrow County Board of Commissioners of Roads and Revenues shall be members of the Authority. In addition, the Board of Commissioners of Roads and Revenues of Barrow County shall appoint one member who shall serve for a term of five years and who shall be eligible for reappointment. The Mayor and Council of the City of Winder shall also appoint one member who shall serve for a term of five years and who shall be eligible for re-appointment. 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. Members. Said amendment is further amended by adding at the end of Section 1, Paragraph G, the following:

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Provided, however, the governing authority of Barrow County is hereby authorized to levy a tax not to exceed one (1) mill on all the taxable property located in said County for the purpose of encouraging and promoting the expansion and development of industrial and commercial facilities in Barrow County, and is hereby authorized to remit to the Authority all or part of the proceeds of the tax levied to be used by the Authority only for the purpose of applying such funds to indebtedness incurred by the Authority, which shall include payment of funds towards the retirement of any revenue bonds or certificates issued by the Authority. Tax by Barrow County. 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 changing the name of the Barrow County Industrial Building Authority to the Winder-Barrow Industrial Building Authority and changing the method of appointment of certain members of the Authority and authorizing Barrow County to levy a one mill tax to support the Authority. Against ratification of amendment to the Constitution changing the name of the Barrow County Industrial Building Authority to the Winder-Barrow Industrial Building Authority and changing the method of appointment of certain members of the Authority and authorizing Barrow County to levy a one mill tax to support the Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the

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amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. ROCKDALE COUNTYCONYERS WATER AUTHORITY. Proposed Amendment to the Constitution. No. 12 (House Resolution No. 49-59). A Resolution. To amend a Resolution proposing an amendment to Article VII, Section VI, Paragraph I of the Constitution (Resolution Act No. 90, Ga. L. 1962, p. 768), which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority; 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. A Resolution proposing an amendment to Article VII, Section VI, Paragraph I of the Constitution (Resolution Act No. 90, Ga. L. 1962, p. 768), which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, is hereby amended by

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striking the quoted language in Section 1 in its entirety and inserting in lieu thereof the following: The General Assembly is hereby authorized to create by local act the Rockdale County-Conyers Water Authority. Such Authority, if created, shall be authorized to: (a) acquire, construct, operate and maintain projects embracing sources of water supply and the distribution and sale of water and to do all things and to take all actions relative to the construction, maintenance and operation of a water system. The General Assembly may by local act authorize and empower the Rockdale County-Conyers Water Authority to acquire, construct, operate and maintain storm and sanitary sewage collection, treatment and disposal systems or projects and to combine the same with any projects embracing sources of water supply and the distribution and sale of water and operate said combined systems or projects as an undertaking. The General Assembly may further authorize and empower said Authority to issue water and sewerage revenue bonds and to pledge to the payment thereof the revenues of said water and sewerage systems and such taxes of Rockdale County and the City of Conyers as the General Assembly may authorize for the purpose of aiding the Authority in its undertakings. The General Assembly may further authorize and empower said Authority to assume the operation of any water system or sewerage system, or any combination thereof, of either the City of Conyers or Rockdale County or both, and, with the consent of the holders thereof, assume the payment of the principal of and the interest and premium, if any, on any revenue obligations heretofore issued, with respect to any such system by either the City of Conyers or Rockdale County. Powers. (b) The General Assembly shall provide for the composition of the Authority and for all other matters relative thereto, including duties, powers, and authority. The General Assembly may authorize the Authority to issue revenue bonds and may authorize Rockdale County and the City of Conyers to levy taxes for the puropse of aiding

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the Authority. The General Assembly may also provide that the Authority shall have the right to assume the operation of the water system of either said county or city, or both, and may provide that, in the event revenue bonds or certificates of either have been issued, such bonds or certificates may be assumed by the Authority, upon approval of the holders thereof. If such Authority is created by the General Assembly, the law creating the same shall contain all necessary provisions relative to said Authority. The law creating such Authority shall provide that it shall not come into existence without the approval of both the governing authority of Rockdale County and the governing authority of the City of Conyers. 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 recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority. Against ratification of amendment to the Constitution so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the

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amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. CITY OF MILLEDGEVILLE-BALDWIN COUNTY RECREATION AUTHORITY. Proposed Amendment to the Constitution. No. 13 (House Resolution No. 50-59). A Resolution. Proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; to provide the powers, authority, funds, purposes, organization and procedures 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 I, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following: A. City of Milledgeville-Baldwin County Recreation Authority. There is hereby created a body corporate and politic to be known as the City of Milledgeville-Baldwin County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a

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public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of their officers, agents and employees. The Authority shall consist of six (6) members, three (3) of which shall be appointed by the governing authority of the City of Milledgeville and the remaining three (3) members shall be appointed by the governing authority of Baldwin County. The three (3) members appointed initially by the governing authority of the City of Milledgeville shall be appointed for terms of one (1) year, two (2) years and three (3) years, respectively, beginning January 1, 1965. Upon expiration of each of said terms, the governing authority of the City of Milledgeville shall make subsequent appointments for three-year terms. If a vacancy occurs during any term, the governing authority of the City of Milledgeville shall fill the vacancy for the unexpired portion of such term. The remaining three (3) members appointed initially by the governing authority of Baldwin County shall be appointed for terms of one (1) year, two (2) years and three (3) years, respectively, beginning on January 1, 1965. Upon expiration of each of said terms, the governing authority of Baldwin County shall make subsequent appointments for three-year terms. If a vacancy occurs during any term, the governing authority of Baldwin County shall fill the vacancy for the unexpired portion of such term. The appointments to the Authority herein required to be made by the governing authority of the City of Milledgeville and the governing authority of Baldwin County may be made at any special or regular meeting of said authorities, and the initial appointments herein required shall be made on or before December 15, 1964. All members, duly appointed, shall hold office until their successors shall be appointed and duly qualified. No person may serve as a member of the Authority and at the same time serve as a member of the governing authority of the City of Milledgeville including the mayor or the governing

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authority of Baldwin County. On January 2, 1965, the members of the Authority shall enter upon their duties, hold an organizational meeting and determine the date on which their annual meeting will be held which date may be changed in such manner as may be provided by the Authority. The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and vice-chairman to serve from the organizational meeting of the Authority in 1965 until the annual meeting in 1966, or until their successors are elected and qualified. Subsequent chairmen and vice-chairmen shall be elected at the annual meeting of the Authority for a term of one (1) year. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority, and, if not a member, he or she shall have not voting rights and shall be elected to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of the Authority shall hold more than one office except that of secretary and treasurer. Four (4) members of the Authority eligible to vote shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. B. Defintions. As used herein, the following words and terms shall have the following meaning, unless a different meaning clearly appears from the context: (1) The word `Authority' shall mean the City of Milledgeville-Baldwin County Recreation Authority created hereby.

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(2) The word `project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of a recreation center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, stadiums, athletic fields and courts, club houses, gymnasiums, parking areas, parking facilities and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the Authority to be necessary, convenient or desirable. (3) The term `cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, 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 and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue bonds issued under the provisions herein for any such project or projects. (4) The terms `revenue bonds', `bonds' and `obligations' as used herein, shall mean revenue bonds as defined

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and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized. (5) Any project shall be deemed `self-liquidating' if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. C. Powers. The Authority shall have powers: (1) To have a seal and alter the same at pleasure. (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes. (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition 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 provisions herein except from the funds provided under the authority herein, and in any proceedings to condemn, such

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orders may be made by the court having jurisdiction of the suit, action or proceedings as may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority: and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Baldwin County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority if said property is unserviceable or cannot be advantageously or beneficially used by said county or municipalities upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the Chairman of the Authority. (4) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations. (5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes

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to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease and sub-lease agreements, with the Director of the Division of State Parks, Historical Sites and Monuments of the Department of Natural Resources of the State of Georgia, or other agencies or departments thereof relative to parks and recreational centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and with the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in paragraph R herein. (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof. (7) To accept loans and/or grants of money or materials or property of any kind from the United States

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of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality, may impose. (8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision, may impose. (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof. (10) 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. (11) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in paragraph R herein. (12) To do all things necessary or convenient to carry out the powers expressly given herein. D. Annual Registration of Motor Vehicles; Fees; Penalty. The governing authority of Baldwin County shall be authorized to require the annual registration of every motor vehicle in the county and to collect annual fees for registering such motor vehicles not in excess of $4.00 for each registration. All sums derived therefrom shall be used first for the payment of all costs in registering

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said motor vehicles, and the remainder thereof, if any, shall be deposited in a fund to be used by the Authority for the purposes provided herein. The said governing authority shall be authorized to promulgate and prescribe the forms to be used and rules and regulations necessary to require the annual registration of motor vehicles as herein set out. Any person, firm or corporation failing to register any motor vehicle required herein to be registered shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. As used herein, motor vehicles shall include the following: passenger cars, motorcycles, private trucks, farm trucks, private trailers, house trailers, auto trailers, boat trailers, trucks or trailers used as common or contract carriers, leased trucks, hearses, ambulances, earth moving machinery and any other vehicle that is now or may hereafter be required to be licensed with the State Revenue Commissioner or his successor by whatever name called. E. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semi-annually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such

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revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. F. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. G. Same; Signatures; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the secretary and treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and secretary and treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. H. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions herein

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shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. I. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. J. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. L. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of

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any bond which shall become mutilated or be destroyed or lost. M. Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions herein shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as provided herein. N. Credit not Pledged. Revenue bonds issued under the provisions herein shall not be deemed to constitute a debt of Baldwin County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this paragraph. O. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for

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protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. P. Same; To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof,

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subject to such regulations as provided herein and such resolution or trust indenture may provide. Q. Same; Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (a) the interest upon such revenue bonds as such interest shall fall due, (b) the principal of the bonds as the same shall fall due, (c) the necessary charges of paying agent or agents for paying principal and interest, and (d) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. R. Same Remedies of Bondholders. Any holder of revenue bond sissued under the provisions herein or any of the coupons appertaining thereto, and the trustee under

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the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. S. Same; Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions herein and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions insofar as the same may be applicable. T. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions herein or any suit or action against such Authority shall be brought in the Superior Court of Baldwin County, Georgia, and any action pertaining to validation of any bonds issued under the provisions herein shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. U. Same; Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United

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States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said City of Milledgeville and Baldwin County Recreation Authority. V. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions herein shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. W. Moneys Received Considered Trust Funds. All moneys received pursuant to the Authority herein, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided herein.

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X. Purpose of the Authority. Without limiting the generality of any provisions herein the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating a recreational center and area or centers and areas, including, but not limited to playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities acquiring the necessary property therefor both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Y. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases or its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and in anticipation of the collection of the revenues and income of such undertakings or projects is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its lands and facilities. Z. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects

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constructed under the provisions herein, including the basis on which recreational facilities shall be furnished. AA. Powers Declared Supplemental and Additional. The foregoing provisions shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional powers and shall not be regarded as in derogation of any powers now existing. 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 City of Milledgeville-Baldwin County Recreation Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith. Against ratification of amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; to provide the powers, authority, funds, purposes, organization 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

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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. SCREVEN COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 14 (House Resolution No. 57-65). A Resolution. Proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; to provide for the election of the members of the Board of Education of Screven County by the people; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Screven County by the people (Ga. L. 1964, p. 835), is hereby repealed in its entirety. 1964 Amendment repealed. Section 2. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The Board of Education of Screven County shall be composed of seven (7) members to be elected as hereinafter provided. Positions on the Board shall be numbered 1 through 7, respectively, and shall coincide with the educational districts hereinafter provided for.

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For the purposes of electing members to the Board of Education of Screven County, Screven County is divided into the following educational districts: District No. 1, which shall be composed of Georgia Militia District No. 34; District No. 2, which shall be composed of Georgia Militia District Nos. 37, 38 and 260; District No. Georgia Militia District Nos. 37, 38 and 260; District No. 3 which shall be composed of Georgia Militia District No. 1676. District No. 4, shall shall be composed of Georgia Militia Districts Nos. 259 and 36; District No. 5, which shall be composed of Georgia Militia District Nos. 35 and 1653; and District No. 6, which shall be composed of Georgia Militia District Nos. 80 and 1286. Candidates offering for the above positions on the Board of Education of Screven County shall reside within that district which corresponds with the position on the Board for which they offer as candidates. Members shall be elected to the Board only by those electors which reside within the district for which they offer for election. The chairman of the Screven County Board of Education shall be Post No. 7, and he may reside within any district and shall be elected by the voters of the entire county. In the event this amendment is ratified at the general election in 1964, it shall be the duty of the ordinary of Screven County to issue the call for an election for the purpose of electing the members of the Board of Education of Screven County created herein. Such call shall be issued within ten (10) days from the date of such ratification, and the ordinary shall set the date for such election for a day not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call. It shall be the duty of the ordinary to publish the date of the election and the purpose thereof once a week for two weeks immediately preceding the date of the election in the official organ of Screven County. Candidates for membership on the board shall qualify with the ordinary from the date of the issuance of the call up until ten (10) days prior to the date of the election. Those members elected to Post Nos. 1, 2 and 3 shall serve for a term of office of two (2) years and until their successors are elected and qualified. Those members

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elected to Post Nos. 4, 5, 6 and 7 shall serve for a term of office of four (4) years and until their successors are elected and qualified. All seven (7) members elected in said election shall take office on January 1, 1965. Thereafter, all successors to the initial members of the Board of Education of Screven County shall be elected in that general election held in that year in which the term of office shall expire and shall take office on January 1 following their election and shall serve for a term of office of four (4) years and until their successors are elected and qualified. In the event a vacancy occurs 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 to serve for the unexpired term. The Board of Education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1964, but the terms of all members of such board shall expire at that time, and such Board of Education shall stand abolished. The board created herein shall be the successor to such abolished board, and such board and the members thereof shall be subject to all constitutional and statutory provisions relative to county boards of education and to county board members unless such provisions are in conflict with the provisions of this amendment. 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 so as to provide for the election of the members of the Board of Education of Screven County by the people.

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Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Screven 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. MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITYPOWERS, BONDS, ETC. Proposed Amendment to the Constitution. No. 15 (House Resolution No. 63-68). A Resolution. Proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's operations are concerned; to provide for the issuance of bonds by the Authority; 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 striking therefrom the following: (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 the City of Moultrie and Colquitt County;

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(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 the City of Moultrie and Colquitt County which in the judgment of the Authority will be of benefit to the people of said city and county. The provisions of this clause shall not be construed to limit any other powers of the Authority; (5) To contract with the City of Moultrie and Colquitt County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name; (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in the City of Moultrie and Colquitt County, and to make long range plans therefor; I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds, thus issued, shall be paid from the income of the Authority. M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Moultrie and Colquitt County, and the scope of its operation shall be limited to the territory embraced therein. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond such limits., and substituting in lieu thereof, respectively, the following: (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 the City of Moultrie or Colquitt County; (3) To grant, loan and lease any of its funds and

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property to private persons and corporations promising to operate any industrial plant or establishment within the City of Moultrie or Colquitt County which in the judgment of the Authority will be of benefit to the people of said city and county. The provisions of this clause shall not be construed to limit any other powers of the Authority; (5) To contract with the City of Moultrie, Colquitt County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name; (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Colquitt County, and to make long range plans therefor; I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding six per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior

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Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code Sections 87-815 et seq of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court or the Court of Appeals, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. 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 a body corporate and politic, and the scope of its operation shall be limited to the territory embraced within Colquitt County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond such limits. 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 clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's operations are concerned, and to provide for the issuance of bonds. Against ratification of amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar

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as the extent of the Authority's operations are concerned, and to provide for the issuance of bonds. 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. THOMAS COUNTYREVENUE OBLIGATIONS. Proposed Amendment to the Constitution. No. 16 (House Resolution No. 72-69). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; to provide for the repayment of such obligations; to provide the means of issuing such obligations; 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 of the State of Georgia is hereby amended by adding at the end thereof the following: Anything in this Constitution to the contrary not withstanding, Thomas County, by and through its governing authority, may issue revenue obligations to provide

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funds to pay the cost, in whole or in part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, airports, water, sewerage and garbage collection, treatment and disposal systems, gas and electric systems (including dams, reservoirs, generating stations and the like), recreational, amusement, educational and exhibition facilities, public parking buildings and facilities (including parking meters), public facilities for the transportation of passengers for hire and for such other kinds of public property and facilities as may be authorized by the General Assembly. Such obligations shall be payable, as to principal and interest, solely from revenue produced from public property or facilities and pledged to the payment thereof and shall not be deemed to be debts of, or to create debts against the issuer within the meaning of any provision of this Constitution and any revenues other than taxes may be pledged to the payment of such obligations though such revenues are to be received from property other than that being acquired, constructed or improved; provided, however, before any such obligations may be issued for the purpose of initially acquiring, constructing or equipping gas or electric generation or distribution systems, or for the purpose of extending any such system beyond the limits of Thomas County, the same shall first be authorized by a majority of those voting at an election held for that purpose in Thomas County; and provided further that a majority of the registered voters of Thomas County shall vote in said election. No election shall be required to authorize the issuance of any obligations, the proceeds of which shall be used solely for the purpose of refunding outstanding obligations. Provided that after a favorable election has been held as set forth above, if Thomas County shall purchase, construct, or operate such electric or gas utility plans from the proceeds of said revenue certificates, and extend its services beyond the limits of the county unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. No issuer shall exercise the power of taxation for the

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purpose of paying the principal of or the interest on any such obligations. 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 an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; to provide for the repayment of such obligations; and to provide the means of issuing such obligations. Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; to provide for the repayment of such obligations; and to provide the means of issuing such obligations. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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CATOOSA COUNTYBOARD OF TAX ADMINISTRATORS ABOLISHED. Proposed Amendment to the Constitution. No. 17 (House Resolution No. 83-75). A Resolution. Proposing an amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964; 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 XVII, Paragraph I of the Constitution is hereby amended by striking all the language added to said Paragraph by an amendment found in Georgia Laws 1958, page 592, and ratified at the General Election in November, 1958, and inserting in lieu thereof the following: The provisions of an amendment relating to the Catoosa County Board of Tax Administrators are hereby declared to be null and void and said Board shall stand abolished at the end of December 31, 1964. Any persons elected at the same time that this amendment is ratified shall not take office and there shall be no such Board after the aforesaid date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, 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 repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964. Against ratification of amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964. 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. SPALDING COUNTYEDUCATION BEYOND TWELFTH GRADE. Proposed Amendment to the Constitution. No. 18 (House Resolution No. 84-77). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of the Constitution to the contrary notwithstanding, the governing authority of Spalding County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the Board of Regents of the University System of Georgia, its succesors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade. In order to finance such undertaking, the governing authority of Spalding County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obligation bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness incurred pursuant to the provisions herein shall be upon all the taxable property in Spalding County, including any such property in any municipal or independent school system or district. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exercising the authority herein granted, the governing authority of Spalding County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Spalding County to accept any such property

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or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system 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 the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. Against ratification of amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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MUSCOGEE COUNTYDESCRIBED PERSONALTY EXEMPT FROM TAXATION. Proposed Amendment to the Constitution. No. 19 (House Resolution No. 88-80). A Resolution. Proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation; 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 I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: All personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County is hereby exempt from all State and county ad valorem taxation. 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 exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale,

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rental or other commercial use, in Muscogee County from all State and county ad valorem taxation. Against ratification of amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation. 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. COBB COUNTYSIDEWALKS OUTSIDE MUNICIPALITIES. Proposed Amendment to the Constitution. No. 20 (Senate Resolution No. 12). A Resolution. Proposing an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the 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 IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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The governing authority of Cobb County is authorized to expend any funds of the county available to them for the purpose of constructing, extending, repairing and maintaining sidewalks outside the limits of any incorporated municipality within 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. 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 Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the county. Against ratification of amendment to the Constituion so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the county. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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LOCAL AND SPECIAL ACTS AND PROCLAMATIONS EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 May 4, 1964 - June 25, 1964 Compiled and Published by Authority of the State

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PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 May 4, 1964 - June 25, 1964 SEMINOLE COUNTYSALARY OF TAX COMMISSIONER. No. 4 (Senate Bill No. 2). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Seminole County, approved February 25, 1949 (Ga. L. 1949, p. 1238), as amended by an Act approved February 19, 1953 (Ga. L. 1953, p. 2433) so as to change the salary of the tax commissioner of Seminole County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act consolidating the offices of tax receiver and tax collector of Seminole County, approved February 25, 1949 (Ga. L. 1949, p. 1238), as amended by an Act approved February 19, 1953 (Ga. L.

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1953, p. 2433) is hereby amended by striking from section 3 the figures $3,600.00 and inserting in lieu thereof the figures $5,400.00, so that when so amended said section 3 shall read as follows: Section 3. That the salary of said tax commissioner shall be $5,400.00 per annum, to be paid monthly from the funds in the county treasury. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved May 22, 1964. See Enrolled Act for affidavit and advertisement. COWETA COUNTYCLERICAL ALLOWANCES OF ORDINARY AND CLERK OF SUPERIOR COURT. No. 8 (House Bill No. 16). An Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended by an Act approved January 27, 1961 (Ga. L. 1961, p. 2026), and an Act approved March 1, 1963 (Ga. L. 1963, p. 2026), so as to change the clerical expense authorization for the office of the ordinary; to change the clerical expense authorization for the office of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended by an Act approved January 27, 1961 (Ga. L. 1961, p. 2026),

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and an Act approved March 1, 1963 (Ga. L. 1963, p. 2026), is hereby amended by striking from section 3 the symbol and figures $3,600.00 and inserting in lieu thereof the symbol and figures $4,200.00, so that when so amended section 3 shall read as follows: Section 3. The ordinary of Coweta County shall be compensated in the sum of $7,800.00 per annum, payable in equal monthly installments from the funds of Coweta County. The ordinary shall hire such clerical help and deputies as shall be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the funds of Coweta County; provided that said county shall not be liable for a sum in excess of $4,200.00 per annum for such clerical help. Coweta County shall furnish all necessary office supplies and equipment essential to the operation of the office of the ordinary. Ordinary. Section 2. Said Act is further amended by striking from section 4 the symbol and figures $10,000.00 and inserting in lieu thereof the symbol and figures $12,000.00, so that when so amended section 4 shall read as follows: Section 4. The clerk of the superior court of Coweta County shall be compensated in the sum of $12,000.00 per annum, payable in equal monthly installments from the funds of Coweta County. The clerk shall hire such clerical help as may be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the funds of Coweta County; provided that said county shall not be liable for a sum in excess of $12,000.00 per annum for such clerical help. Coweta County shall provide all necessary office supplies and equipment essential to the operation of the office of said clerk. Clerk of Superior Court. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced at the special session of the Georgia General Assembly in May, 1964, to amend an Act approved March 17, 1960,

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establishing the budget for salaries of the personnel of the office of Clerk, Coweta Superior Court and Ordinary of Coweta County. Henry N. Payton, D. B. Blalock Representatives, Coweta County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times Herald, which is the official organ of said county, on the following dates: March 26, April 2 9, 1964. /s/ Henry N. Payton Representative, Coweta County Sworn to and subscribed before me, this 7 day of May, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. (Seal). Approved June 2, 1964. CITY OF UNADILLAAUTHORITY TO CLOSE ALLEY. No. 9 (House Bill No. 21). An Act to amend an Act found in Georgia Laws 1920, at pages 1705 to 1752, inclusively, creating a charter for city of Unadilla, so as to empower governing authorities

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of mayor and council of Unadilla, Georgia, to close, abandon, vacate and declare surplus property the platted passageway of alley of and in block no. 19 delineated in official map of said city appearing on record in clerk's office, Dooly Superior Court, in its plat book no. 1, at pages 108 and 109, and to disclaim unto E. Guy Conner, without requirement of consideration, the whole of rectangular area of 11 by 142 feet of said platted alley, and for other purposes therein-mentioned. Be it enacted by the General Assembly of Georgia: Section 1. The mayor and aldermen, being the governing authorities, of the municipality, mayor and council of Unadilla, are hereby empowered by the adoption of ordinance or resolution to close, abandon, vacate and declare surplus property the platted passageway or alley of and in block no. 19 delineated in the official map of the said city appearing of record in the clerk's office, Dooly Superior Court, in its plat book no. 1, at pages 108 and 109, and to disclaim by the adoption of ordinance or resolution without requirement of consideration to E. Guy Conner the whole of rectangular area of 11 by 142 feet of the said platted alley, and to disclaim by the adoption of ordinance or resolution without requirement of consideration the remaining portion of the said platted alley. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen, who, on oath, deposes and says that he is Representative from Dooly County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News, which is the official organ of said county, on the following dates: 23 April 1964, 30 April 1964 and 7 May 1964. /s/ Rooney L. Bowen, Jr. Representative, Dooly County

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Notice of Proposed Legislation. Notice is, as provided by the constitution of the State of Georgia, hereby given this 9th day of April, 1964, of intention to apply at the May session of the General Assembly for passage of a Bill to be entitled An Act to amend an Act found in Georgia Laws, 1920, at pages 1705 to 1752 inclusively, creating a charter for the City of Unadilla so as to empower governing authorities of mayor and council of Unadilla, Georgia to close, abandon, vacate and declare surplus property the platted passageway or alley of and in block no. 19 delineated in official map of said city appearing on record in clerk's office, Dooly Superior Court, in plat book no. 1, pages 108 and 109, disclaim unto E. Guy Conner without requirements of consideration the whole of rectangular area of 11 by 142 feet of said plotted alley, and for other purposes therein mentioned. Rooney L. Bowen, Jr. Representative from Dooly County. Sworn to and subscribed before me, this 13th day of May, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved June 2, 1964. CITY OF LAVONIANEW CHARTER. No. 10 (House Bill No. 35). An Act to incorporate and to grant a new charter to the City of Lavonia; to prescribe the corporate limits; to provide for the corporate powers; to provide the form of government; to provide for all ordinances, rules, regulations,

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and resolutions of said city now in force and not in conflict with this Act to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to establish a corporate seal; to declare and constitute the rights and powers of said corporation; to provide for legal publication; to establish fire limits; to establish a fire department; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for the manner of their election and removal from office; to provide for the qualifications of all electors and voters therein; to provide for the registration of the qualified voters thereof, and for the registration books of said city, and when same shall be open; to provide for the recorder's court, the appointment of a judge thereof, and the trial and punishment therein of all offenders against the laws of said city; to establish the qualifications of the mayor and councilmen, and to provide for the election thereof; to provide an oath of office for the mayor and councilmen and to provide for the designation of mayor pro tempore; to provide for the meetings of the mayor and councilmen and to establish a quorum therefor; to provide for salaries for city officials and employees; to establish the powers of the mayor and councilmen; to provide for the enactment of all necessary ordinances, rules and regulations, and to provide penalties for the violation thereof; to provide for the enforcement of ordinances, rules and regulations; to provide for appearance bonds; to authorize and empower the city to operate, maintain and furnish utilities within and without the corporate limits; to require referendum on sales of utilities; to provide for the fiscal year; to provide for the submission of an annual budget; to provide for the use of loans, for the transfer of funds and deficiency appropriations; to provide for an audit of finances; to provide for ad valorem taxation; to provide for collection of business licenses; to provide for execution; to provide for condemnation; to provide for the improvement of streets, etc., and assessments therefor; authorize zoning regulations and to provide a procedure therefor; to establish a board of zoning appeals and to provide for appeals therefrom; to provide for specific repeal; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Incorporation, name and style. The City of Lavonia, in Franklin County, Georgia, is hereby incorporated as a city under the name and style of the City of Lavonia, hereinafter referred to as the city. Section 2. Continuation of existing laws, rights and liabilities. All ordinances and resolutions of said city not inconsistent with this charter shall remain in full force and effect for the city until altered, amended or repealed. All property and property rights held, owned or possessed by the city and all pending suits or claims by or against said city are preserved and unaltered. Section 3. Corporate seal. The city shall have a corporate seal which shall consist of a round metal stamp with the words City of Lavonia, Franklin County, Georgia, Corporate Seal so fixed and arranged in such metal stamp that said seal can be impressed on documents and written instruments to which the city is a party. The city clerk shall have custody of the corporate seal and shall impress documents therewith when duly authorized. Section 4. Territorial boundaries. The corporate limits of the said city shall extend for a radius of one mile from a central point of said city, said central point being a point in the center of the main track of the Southern Railway Company, formerly known as Elberton Airline Railroad, directly opposite center of the eastern terminus of Depot Street. Section 5. Legal Publication. After being read in the council meeting all ordinances shall be published at least once in a newspaper of general circulation within the city and, in addition, a copy shall be posted on the bulletin board in the lobby of the city hall for a period of at least five days; the newspaper publication of such ordinances may be by title only, but in such event it shall give notice that a complete copy of such ordinances shall be posted as hereinabove provided; no ordinance shall come up for passage

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prior to the expiration of the aforementioned five-day period. Section 6. Fire limits. The city council shall by ordinance establish fire limits, enlarge or reduce same as the safety of the city requires. When fire limits are established it shall be lawful to prohibit the erection of any structure therein of any substance except incombustible material, or such as may be allowed by ordinance. Section 7. Real estate. The city shall have power and authority to rent, lease, buy, sell or otherwise hold or dispose of any or all of its buildings, parks or other real estate for a fair and adequate consideration. Section 8. Conveyance of franchise. No franchise granted by said city may be sold, transferred, leased, or assigned to or used by anyone other than the grantee without adequate compensation and written consent of the city council. Section 9. Specific powers enumerated. The city shall have power and authority to: (a) Buy and sell water and gas at cost or for a profit, both within and without the territorial boundaries of the city. Erect, establish, and operate all facilities including lines, mains, pipes, machinery, plants, and structures necessary for the maintenance and operation of such utilities, including the repair and replacement of the same. (b) Adopt ordinances binding on everyone within the city to protect the health, peace, safety, good order, dignity and general welfare of the city and the inhabitants thereof. (c) Exercise complete control over all the public streets, roads, ways, drives, lanes, alleys, sidewalks, crossings, and parks of the city. They shall have full and complete power and authority to open, curb, locate, relocate, replace, work, straighten, abandon, close, drain, pave and repave the same, or cause the same to be done. (d) Establish a system of numbering houses in the city, and to assign appropriate street numbers to the various

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houses on the various streets, alleys, roads, lanes, drives and ways of the city, and to compel said houses to be properly numbered. (e) Control by ordinance the time, manner, terms, conditions, and places of all sewer connections and how much surface or drainage water may flow into such sewers, and the terms and conditions on which it will be permitted, and at what points, and generally all matters relating to the construction, use, control, maintenance, repair, replacement, improvement and removal of sewers and sewer connections, and the cutting and replacing of pavement and other adjacent structures shall at all times be under the control and regulation of the city council in its fair and legal discretion. (f) Control by ordinance the construction, maintenance and removal and replacement of all city culverts, pipes, sewers, drains, private drains, water closets, urinals, privies, toilets, and the like, and provide for their location, structure, size and use, and pass such ordinances concerning them and their use, in all particulars, as may be deemed best for the health, comfort and general welfare of the inhabitants of the city. The city council shall have power and authority to prescribe by ordinance the kind of water closets, urinals, privies and plumbing which shall be used in the corporate limits, and to condemn and compel the disuse of same when they shall become and are declared a nuisance by a court having jurisdiction. The city council shall also have power and authority to compel the owner or owners of property within the city to connect water closets, sinks, commodes and urinals on their property with the sewers and sanitary system of said city when such property is located within a reasonable distance of such sewer, and under such rules and regulations as may be prescribed by ordinance. If any property owner shall fail or refuse to make connections as required by city ordinance or resolution, such owner shall be punished as provided by ordinance. (g) Contract with other municipalities and political subdivisions, and to cooperate with the other municipalities and political subdivisions, in acquiring, establishing, constructing, building, maintaining and/or operating such garbage

Page 2013

disposal, water, sewerage, gas plants, lines and/or facilities, and streets, sidewalks and parks with and/without the limit of the city, as well as library and other institutions, utilities and/or services, in addition to existing plants, systems, building, facilities, lines and services as the city council may at any time deem for the best interest of said city. (h) Levy, assess and collect taxes to raise sufficient revenue to pay for the improvements, services, equipment and/or facilities provided for in any contract or agreement to which the city is or may become a party. (i) Issue and sell bonds for the purpose of paying bonds of the city and interest thereon, and for any public or other purpose allowed by the Constitution and laws of this state, and to issue and sell revenue anticipation certificates as now or hereafter allowed by law. (j) Provide by ordinance for reporting all property in the city subject to taxation by the city, whether such property be realty or personalty, tangible or intangible, and to require all persons owning such property to file a written statement and description of such property with the fair market value thereof under oath. (k) Prescribe by ordinance a penalty for failure to make such return or report within the time prescribed by ordinance; provided such penalty shall not exceed the sum of double the amount of tax levied against such person or taxpayer failing to make or file such return. Such penalty shall be a lien upon property of the defaulter and shall be collected in the same manner as the taxes of the city. Such penalty shall be established at the discretion of the mayor and council at the time taxes are levied. (l) Assess the costs of sewers against abutting lots of real estate and the owners thereof on each side of a street in which such sewer is laid or constructed, and the owners of such abutting real estate shall have the right to have the drains from their abutting lots connected with such sewer at their cost under such rules and regulations as the city council may prescribe by ordinance.

Page 2014

(m) Control and/or prohibit the manufacture and/or sale of all alcoholic beverages, and to tax, license, regulate and control hotels, boardinghouses, apartments, restaurants, theatres, dance halls, athletic and sporting events and places and all other entertainment activities and places, regulate the operation of all vehicles used for pleasure or business, and garages, mills, factories, ginneries, gas and water companies; regulate the use of its streets for all purposes, and prevent their use for business, or regulate business use by taxation and otherwise, including the right to impose a reasonable license tax for use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provisions of this Act. (n) Grant franchises, easements and rights-of-way over, in, under and on public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions and for such lengths of time as it may fix; provided, such grant may require fair and adequate compensation to be provided for in the franchise ordinance; and provided further, that no such franchise shall be granted until notice has been published at least one time one week preceding the week in which the city council meets to consider such application, stating the nature of the franchise, the streets, lanes, alleys, sidewalks, parks or other property on or through which it is desired, the terms of such grant and the time at which the city council will act upon such application. (o) Employ or cause to be employed a certified public accountant to examine and audit all books of account and pertinent records of all officers, employees, and agencies of said city relative to the financial affairs of the city whenever and as often as the city council shall consider proper, and shall fix his compensation. The compensation of such account may be fixed on an hourly or other basis before, after, or at the time of his employment. It shall require at least one examination and report every year.

Page 2015

(p) Pave or otherwise improve the whole or any part of any street, sidewalk or alley of said city, without giving any railroad company, or other property holder or occupant on the street the option to pave or otherwise improve the same or any part thereof by themselves or by contract. (q) Define a nuisance in the city and provide for its abatement. The recorder's court of the city shall have jurisidction of all nuisance abatement proceedings in the city. (r) Remove any building, stall, booth, tent, awning, steps, gate, fence, post, wire, stump, tree, structure, pole, or other obstruction or nuisance in a public street, sidewalk or way or so near thereto as to constitute a defect or render the city liable in damages for not removing it, or cause the aforesaid to be removed at the owner's expense if the owner shall fail or refuse to remove the same within such reasonable time as may be fixed by order of the city recorder, or mayor when acting as recorder, and execution shall issue against said owner for the expense thereof as in case of executions for unpaid taxes, and said owner shall also be subject to punishment for maintaining a nuisance. (s) Regulate, lay out, open, relocate, straighten, improve, grade, and control old and new streets, lanes, alleys, street curbing, street crossing and sidewalks, and no person or corporation shall at any time hereafter lay out, locate, relocate, open, extend, or close any street, lane, road, alley, way, sidewalk, park or square contrary to the plan of the city nor without the consent of the city council, and any application for this purpose shall, with an appropriate plat, first be filed with the city engineer or such officer as the city council may designate by ordinance, and notice thereof shall be given the public or parties in interest by publication of notice as required by law and the ordinances of the city. If such application is granted, the owner shall relinquish all rights and titles to the area involved and the same shall pass to and become vested in the city, and all management and control over the same shall pass unequivocably to the city. (t) Impose and collect a license and a tax on dogs within

Page 2016

the city in such a manner and mode as it may deem best. (u) License electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinance the minimum requirements in such examinations, and to appoint the members of such boards. (v) Condemn or cause worn out sewers, street pavement, street curbing, or sidewalks within the city to be condemned, reconstructed, replaced or repaired, as the case may require, at the expense of owners of lots of real estate abutting thereon (or against the real estate and owner or owners thereof for whose sole benefit such improvement exists in case of sewers laid solely for the benefit of persons other than owners of real estate abutting thereon), and assess the cost thereof (or in case of street paving such part of the costs as the city council shall deem just and proper) against such abutting lots of real estate and the owners thereof (or in cases of sewers constructed solely for the benefit of a person or persons other than abutting lot owners against other real estate, and the owners thereof for the sole benefit of which such sewer exists), as in the case of original construction of the same kind of improvements. (w) Provide, by ordinance, a civil service system for city officers and employees and/or provide by ordinance for a system of retirement for city officers and employees, which retirement system may be that of old age and survivor's insurance. (x) Regulate the subdivision of land in the city by requiring and regulating the preparation and presentation of preliminary plats, by establishing minimum improvements to be made or to be guaranteed to be made by the subdivider, by setting forth the procedure to be followed by the planning commission in applying rules, regulations, and standards, and by providing for penalties for violation of aforesaid rules, regulations and standards. Section 10. Regulating vehicular traffic. The city shall have power and authority to regulate vehicular traffic and

Page 2017

relieve congestion of the same by use of devices known as parking meters, by means of which the time a vehicle occupies a designated area for parking in a street is measured by a timing device which is operated by depositing a coin therein, and to use the proceeds from the operation of parking meters to pay for off-street parking facilities or to contract with one or more other persons, firms or corporations to provide such off-street parking facilities, and to rent such facilities and use the rents therefrom to further provide off-street parking for all kinds of vehicles. Section 11. NuisancesOrder adjudging and abatement. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expenses upon his failure or refusal to abate same within ten days after written notice from the city to do so. Section 12. SameAbatement notice to non-residents. In nuisance abatement proceedings by said city in the recorder's court of said city, where the nuisance consists of a condition or conditions of property of an individual residing without the limits of the city or of a corporation having its office without the limits of the city, notice shall be served upon such owner or his agent within Franklin County, if either can be within the county, but if said owner cannot be served in such manner, a warrant for the arrest of such individual owner shall issue against such owner and shall be executed by any sheriff, deputy sheriff, constable, marshal, policeman or coroner of any city, town or county in this state, and the city recorder of Lavonia shall cause such nuisance to be abated at the expense of such owner, and an execution for such expense shall be issued by the city clerk, which execution shall be levied on any real estate or personal property of the accused which may be located within the city or wherever it may be found, and such expense and execution shall constitute a lien against all property of such accused owner, which lien shall be prior and superior to all other liens except liens for taxes. Property levied upon under such action shall be advertised and sold as property is sold for taxes in the city, unless such

Page 2018

levy is arrested by affidavit of illegality or other appropriate proceedings, and all further proceedings in relation to such execution shall be the same as in case of executions of the city for street paving costs and similar assessments. Section 13. Subpoena power generally. The city council, recorder's court, all boards, commissions, committees or other agencies of the city charged with the administration of the affairs of the city (excluding individual officers, except in cases in which they are specially authorized by law or ordinance) shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and any person failing or refusing to attend as a witness or to produce relevant and pertinent documentary evidence within his power, custody or control when duly notified or called upon to do so in a proper case shall be subject to punishment prescribed by ordinance of the city. Section 14. ExecutionsIssuing; carrying out, etc. All executions for the enforcement or collection of fines, assessments, forfeitures, public improvement costs or other claims, demands, or debts, except ad valorem taxes, shall be issued by the city clerk and bear teste in the name of the mayor or mayor pro tempore (unless otherwise provided), and shall be directed to the city marshal, chief of police, all police officers of the city, and to all and singular the sheriffs and constables of this State, and shall state the purpose or purposes for which issued, and shall be made returnable to the city council ninety (90) days after the date of its issue; and it shall be the duty of the city marshal or other levying officer into whose hands such executions are placed to levy the same, to advertise the sale of the property so levied upon, and to sell the same in the same manner as sheriff's sales of real estate and constable's sales of personal property, are levied, advertised, and sold under common law executions, as nearly as is practicable. In such cases, the defendant in execution shall have the right to file an affidavit of illegality if such execution shall have issued illegally or if it is proceeding illegally in either of which cases such execution shall be returned by the levying officer in the Superior Court of Franklin County for trial as in other cases of affidavit

Page 2019

of illegality; provided bond shall be made as in other cases of illegality. Such sale shall have the same force and effect as a sheriff's or constable's sale of similar property, and the officer making such sale shall have the same power as a sheriff to put purchasers in possession. Whenever at any such sale no one present shall offer as much for the property levied upon as the amount of such execution together with all interests and costs thereon, after such property shall have been offered a reasonable time the city, through its authorized agent, shall bid on such property and shall purchase the same on behalf of the city for not more than the amount of such execution and costs, if the value of such property is sufficient to cover such principal, interest and cost, and the marshal or other officer making the sale shall make and deliver to the city a deed to the property so sold, and the title thus acquired by the city shall be and become perfect and valid when the owner's right of redemption, if any, shall have expired, and the marshal or other officer making the sale shall put the city in possession, and the city council shall have no right or authority to divest or alienate the title of the city to the property so purchased except by public sale for cash to the highest bidder in the manner prescribed by law or by ordinance of the city. Section 15. SameForms. The forms of executions for taxes, costs of construction of streets, street curbing, sidewalks and sewers and for repairs or improvements thereof and for fines and forfeitures in the recorder's court of the city and for any other expenses, costs, charge, license, or assessments shall be prescribed by ordinance, provided this section shall not invalidate any form now in use by the city. Section 16. UtilitiesFurnishing services and facilities. The city shall have the power and authority to operate, enlarge, expand, extend, improve, construct, lay, maintain, remove, repair and replace water and natural gas lines, sewer and sanitary systems and facilities, within and without the city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes the city shall have the power of eminent domain which it

Page 2020

is hereby authorized to exercise to acquire by condemnation any lands, easements, rights of way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same. Section 17. SameOwning, maintaining and operating waterworks and gas system. The city shall have the right, power and authority to own, maintain and operate a system of waterworks, a natural gas system, and distribution system, and to purchase and sell water and gas and fix rates for the aforementioned and to develop, maintain and operate parks and recreation facilities. Section 18. SameContracting to furnish. The city council shall have power and authority to make or cause to be made contracts to furnish customers with water and gas within and without the territorial limits of the city when this can be done without adversely affecting the inhabitants of the city. Section 19. SameJurisdiction. The city shall have complete power, authority and jurisdiction for all purposes over all of the lands on, over, or through which trunk or intercepting sewer, gas, water and/or facilities have heretofore been or may hereafter be constructed and maintained by the city or over which an easement is secured by the city and which it is the duty of the city to inspect, improve and maintain within or within the limits of the city; said power, authority and jurisdiction shall extend the full distance of said lines or facilities and a specified number of feet, to be determined by the mayor and council, in all directions from same as well as over the land purchased by said city for the location and maintenance of such facilities, and all such lands are hereby incorporated in and made a part of said city, except such as is located within the corporate limits of another municipality. Section 20. SameLien for charges. For water and gas furnished and for all sewerage and sanitary services rendered, said city shall have a lien agains the property served by said utilities and services; said lien shall run from the date the contract is made or the services commence up to

Page 2021

and until all charges therefor shall have been paid in full. Section 21. SameReferendum for sale of facilities. No sale, conveyance or disposition by the city of its water and/or gas properties and franchises, or of its sewer system, or of any interests therein shall ever be of any force or effect unless or until approved by the duly qualified voters of the city voting at an election specially called for this purpose; a notice of which election shall be published once a week in the official newspaper of the city for four weeks next preceding such election, which notice shall state the name of the proposed buyer, the terms and conditions of the proposed sale, the date of the election, the location of the voting precincts, and such other information as the city council may order. Section 22. Election of mayor and council. Be it further enacted that on the first Wednesday in December, 1964, and on said date annually thereafter there shall be an election for the office of two councilmen. That on the first Wednesday in December, 1965, and on said date biennially thereafter there shall be an election for the office of mayor and on same date thereafter in each year two councilmen shall be elected to serve two years, in the order of expiration of terms of those now serving as such. The mayor and council shall have the power to provide the exact manner in which, and place where, elections shall take place; to require the preservation of good order and to prevent disturbance or interference with the free right to vote. The mayor shall appoint three freeholders or one justice of the peace and two freeholders of the city, to manage all elections. Each manager, before entering on his duties, shall takes the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and will prevent all illegal voting, to the best of my ability and power, so help me God. The mayor shall provide, at the city's expense, all necessary material for the use of managers in said elections and pay the election managers for their services. The mayor and council may, by ordinance, prescribe how votes may be

Page 2022

challenged; how the returns of all elections shall be made and results declared; and also, how contests of any election shall be conducted, and to prescribe all rules and regulations for the proper conduct of all elections in said city. Section 23. Vacancy in office of mayor, councilmen. In the event there shall occur a vacancy in the office of mayor or councilmen, caused by the death, resignation or removal of the incumbent, and there remains more than ninety (90) days before the expiration of the term of said mayor or councilman, the city council shall immediately call an election to fill such vacancy which election shall be called to be held within ten days. In the filling of such vacancy they shall give due and timely notice by appropriate notice and advertising. In the event there occurs a vacancy in the office of mayor or councilmen and there remains less than ninety (90) days before the expiration of such term, the mayor and councilmen as soon as thereafter possible, shall elect some qualified citizen to fill such vacancy and he shall hold office until the next regular municipal election. Provided, however, that should a vacancy occur in the office of mayor from one of the above causes, the mayor pro tem. shall assume all of the duties of the office of mayor until the vacancy is filled by the election aforesaid. Section 24. Qualifications of mayor and councilmen; oath. (a) No person shall be eligible to qualify or hold office of mayor or councilman of said city unless he shall have been a resident thereof for a period not less than one year immediately preceding the election in which he is to be a candidate; and shall be a qualified voter in the municipal elections for officers of said city; and shall qualify as a candidate by filing his name with the city clerk and by giving to the city clerk, in writing, the oath hereinafter prescribed; and shall not be indebted for any tax due said city which is more than twelve months past due. (b) Any person desiring to qualify as a candidate for office of mayor or councilman in said city shall take the following written oath, setting forth the information called for therein, which oath shall be kept on file in the city clerk's office: I do solemnly swear that I have resided in the

Page 2023

City of Lavonia, Franklin County, Georgia, for a period not less than one year immediately preceding the election in which I am a candidate; further that I am a qualified voter in the municipal elections for officers of the City of Lavonia; further that I am not indebted to the City of Lavonia for any tax which is more than twelve months past due; so help me God. Section 25. Oath of office. On January 1, or within 10 days thereafter after the election of said mayor and councilmen, and before they enter upon the discharge of their official duties, the mayor shall, before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of the mayor of the City of Lavonia during my continuance of office, so help me God, and the mayor, after being so qualified, shall have full power and authority to administer a like oath to each member of the council. Section 26. Mayor's duties and powers. Said mayor shall be the chief executive of said city; he shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed; he shall have general jurisdiction of the affairs of said city. He shall have control of the police of said city, and may appoint special policemen, when, in his judgment, it is necessary. He shall have the same power as the justice of the peace, to witness and attest papers, to administer oaths, to issue criminal warrants and to hold courts of inquiry; he may commit offenders tried before him as a court of inquiry, or may admit them to bail in cases where a justice of the peace has power to bail. He shall have the right to remit or reduce the fines imposed by the recorder's court imposed upon defendants charged with violating any of the city laws; he shall have authority to pardon all offenders convicted before the recorder's court; he shall have authority to temporarily suspend any city officer, reporting his actions and his reasons therefor to the next regular or called meeting of the mayor and council, who shall hear all of the facts of the case and by a majority vote may either discharge, suspend for a definite term or reinstate said officer. The mayor shall be clothed with the power of veto; it shall

Page 2024

be his right to veto all ordinances, resolutions, permits and privileges passed on or granted by said council if he sees fit to do so, and said veto shall in no wise be affected except by a two-thirds vote of council. Section 27. Salaries. The mayor, recorder and each member of the council shall be paid such salaries for their services as may be fixed each year by the mayor and city council in December of each year prior to the annual election, to apply to the ensuing term of office. The salary of the mayor shall be not less than six hundred dollars per annum nor more than twelve hundred dollars; the salary of the recorder shall be not less than three hundred nor more than six hundred dollars per annum; and the salary of the councilmen shall be not less than one hundred, nor more than three hundred dollars per annum, which amounts shall not be increased or diminished during the terms of office. Section 28. Mayor Pro Tempore; election of; duties; etc. At the first regular meeting after election and organization, the council shall elect some one of their number as mayor pro tempore who shall preside over their body in the absence of the mayor and shall be clothed with all the rights and powers of the mayor during the absence of the mayor. Before entering upon any of the duties as such mayor pro tempore, he shall take such oath as the council shall prescribe for the faithful discharge of his duties; in the event of the absence of both the mayor and mayor pro tempore, the council shall elect a chairman from their body who shall be clothed with all the rights and powers of the mayor and shall serve during the absence of both the said mayor and mayor pro tempore upon his taking the same oath as mayor. In case of the death, resignation, removal, or disqualification of the mayor, the mayor pro tempore upon taking the oath as mayor shall serve as mayor with all the rights, powers and duties of the latter officer. Section 29. Municipal officers. The mayor and council at their first meeting in January of each year, or as soon thereafter as practicable, shall elect the following officers,

Page 2025

a majority of the votes cast being in every case sufficient to elect, to-wit: A clerk, treasurer, a chief of police and as many other regular policemen as the city council may deem proper to elect, a recorder, a city physician, a city attorney, a superintendent of lights, waterworks and sewerage, a street superintendent and such other officers as the mayor and council may see fit to elect, and the said mayor and council may prescribe by ordinance such officers as they may deem necessary for the best interest of the city, and shall by ordinance prescribe the duties, fix the bonds and fix the compensation of all city officers elected by their body, each of the said officers before entering upon the discharge of their duties shall give bond and take and subscribe an oath to discharge the duties of the office to which he has been elected. Section 30. Terms of office; removal. All officers elected by the mayor and city council, and all officers provided for by city ordinances shall hold their office for one year and until their successors shall have been elected and qualified, provided only, that all such officers may be subject to removal from office at any time before the expiration of their term of office by a two-thirds vote of the mayor and members of the city council, however, the city shall not become liable to any officer removed from office in the manner provided for any sum whatever on account of salary or other compensation. Section 31. Combination of offices, authorized. The mayor and city council may make provisions by ordinance to combine two or more of the city offices so that one person may hold and discharge the duties of more than one office, provided, however, that no member of the city council shall be eligible to hold any other municipal office during the term for which he was elected. Section 32. Council meetings, time and place; presiding officer; quorum. The mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all the meetings of the mayor and council, the mayor,

Page 2026

if present, shall preside, and he may vote in all cases of a tie; he may also vote in all elections for officers who are elected by the board, whether there be a tie or not, the mayor and two members of the council to constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to future time. Section 33. Power to enact ordinances; maximum penalty. Said mayor and council shall have full power to pass all ordinances, by-laws and regulations which they may deem necessary to the good government of said city, the protection of property, peace, good order, health, comfort and convenience of the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violators of their ordinances, by-laws, resolutions by fine, imprisonment in the city prison, or working in the public works camp; the fines in no case to exceed five hundred dollars ($500.00) and the imprisonment in the city prison not to exceed six months, and sentence in the public works camp not to exceed six months, and either one or all of said penalties may be imposed at the discretion of the recorder's court. Section 34. Failure or refusal to vote on measure. The failure or refusal of a member of the city council or of any commission, committee, board, bureau or agency of the city to vote when the proper time comes to vote, on a question pending before such city council, commission, committee, board, bureau, or agency, at a meeting legally held and at which such member is in attendance, shall be construed as a vote in favor of the pending proposal. The failure or refusal of a majority of the members of any body duly convened shall be counted as votes in favor of the measure under consideration and amounts to its adoption. Section 35. Ordinances, by-laws, rules and regulations, passage for good order, peace, health and general welfare. The said mayor and council shall have the authority to make and pass such ordinances, by-laws, rules and regulations for the government of said city as may be necessary and proper

Page 2027

to carry into effect the powers herein enumerated and to provide for the good order, peace, health and general welfare of said citizens of said city as the mayor and council may deem proper and necessary, being also authorized to appoint such committees of counsel as may be necessary and such boards, bureaus and officials as may be necessary to carry into effect the powers herein granted. The said mayor and council shall also have the power and authority to appropriate and pay out such funds as may be necessary for carrying into effect the powers above granted. Section 36. Committees of council. The mayor and city council may provide by ordinance for such committees as they may deem fit for the administration of the municipal affairs of said city, prescribing the duties of such committees and define their authority. Section 37. ImpeachmentCauses. If the mayor or any member of the city council of said city shall be guilty of malpractice, willful neglect of their duties, abuse of their powers, or any other unbecoming conduct, they shall be subject to impeachment by the city council, and upon conviction, shall be removed from office. Section 38. SameTrial. In impeachment trials before the city council, the affirmative vote of at least four members shall be required to convict, and the mayor shall be entitled to vote, except in case he is on trial, in which case he may not vote. The city recorder shall preside in all impeachment trials unless he is disqualified, in which case the presiding judge of the Superior Court of Franklin County shall designate some qualified lawyer to preside over such trial, but such officer presiding over said impeachment trial shall not vote, even in case of a tie. The city recorder shall not be qualified to preside over such impeachment trial unless he shall have been engaged actively in the practice of law for at least five years next preceding such trial. On an impeachment trial, a tie-vote shall acquit the accused. An impeachment resolution against the mayor shall not be subject to his veto. A judgment of conviction in an impeachment proceeding shall vacate the office of the convicted mayor or councilman.

Page 2028

Section 39. Regulating use of streets. The city council shall have power and authority by ordinance, to tax, license and regulate the operation of automobiles, railroad trains, steam engines, locomotives, street cars, buses, trolley cars, bicycles, motorcycles and other vehicles within the city limits and fix maximum and minimum speed limits for them, and to prescribe both minimum qualifications of operators of such vehicles and the manner in which the same may be operated, and to require such machines and their owners to be registered, and said council may make such other provisions as may seem prudent for the safety of the driver, passengers and the public. Section 40. Regulating charitable solicitations. Soliciting charity or relief campaigns within the city shall be subject to ordinance regulation by the city council. Section 41. Regulating the sale, storage and keeping of inflammables and explosives. The mayor and council shall regulate by ordinances the sale, storage and keeping of gasoline, kerosene, gunpowder, dynamite, nitroglycerine and other inflammable or explosive materials within the city limits. Section 42. Providing off-street parking facilities, authority. The city council shall have the power and authority to construct, maintain and operate off-street parking facilities, and to acquire land and other necessary property for such purposes and to charge, contract for and receive rentals and parking fees for the use of such facilities and parking spaces therein. Section 43. City ClerkSecretaries to agencies. The city clerk may be required to act as clerk or secretary to any board, commission, committee, agency or authority of said city. Section 44. SameConsolidating office of clerk with other offices. The office of city clerk may be combined with any other city office or offices in the discretion of the mayor and city council. The person appointed to such combination of offices shall have, during the time such offices are consolidated,

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all the rights, powers and authority and shall discharge all of the duties of said offices but shall receive the salary of only one. Section 45. Recorder's court. The police or mayor's court for the trial of offenders against the laws and ordinances of the City of Lavonia shall be known as the recorder's court, which court is hereby created; the mayor and council are authorized and empowered to elect a recorder to hold said court, fix his qualifications, terms of office, and compensation. In the event there is a vacancy in the office of mayor the authority and power given hereinabove shall be vested in the council. Such election shall be made within thirty days after the approval of this Act, and the mayor shall continue to serve until the recorder is elected and qualified. The recorder's court shall begin immediately upon the election and qualification of the recorder. Said recorder so elected shall take such oath as may be prescribed by the mayor and council. Any vacancy in the office of city recorder shall be filled by the mayor and council. Such recorder, and in his absence the mayor, and in the absence of the recorder and the mayor, then the mayor pro tem., and in the absence of all three, any one or more members of the council may hold said court, and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a city law or ordinance by a fine not exceeding one hundred dollars ($100), imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities not exceeding sixty days or work on the street work crew, or other public work under the supervision of the chief of police or the superintendent of the street department, not exceeding sixty days, any one or more, or all of these at the discretion of the trial court. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding twenty-five ($25) dollars, imprisonment or work in the manner already prescribed in this section for not exceeding ten (10) days, one or both, at the discretion of the trial court. There may be an appeal in any case from the recorder's court to the mayor and council, which appeal must be in

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writing and entered within two days after the judgment complained of is pronounced; and provided, further, that the defendant gives bond, with security, to abide the final judgment of the case, said bond and security to be approved by the arresting officer or chief of police. The said mayor and council shall as early thereafter as is practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine or sentence imposed by the recorder's court, or to increase it at their discretion; and the judgment of the mayor and council may be reviewed by certiorari to the Superior Court of Franklin County, as is provided for in sections 19-203 to 19-216, both inclusive, Code of Georgia of 1933, and any Act amendatory thereof. The clerk of the City of Lavonia shall be eligible to be elected as recorder but neither the mayor nor any member of the council shall be eligible to be elected as recorder. The recorder of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city against any law or ordinance of said city or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the case before the recorder's court and none other, and the same there be disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed to the chief of police of Lavonia, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constable of this State, and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. The recorder, or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules

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and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness, who has been subpoenaed and fails to attend, under the provisions for contempt already provided for in this charter. Any police officer of the City of Lavonia shall have authority to release any person arrested for a violation of any law or ordinance of said city, or law over which the recorder may have jurisdiction, upon such person giving bond, with security, payable to the City of Lavonia in an amount and surety to be approved by the policeman or as directed by the city recorder, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, in the same amounts as are applicable in such cases in the superior courts, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Lavonia and the recorder and shall be directed as warrants are directed, set out hereinabove, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon such property and of the defendant and surety therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed. Provided, however, that any police officer of said city may require cash

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bonds for the appearance of such arrested person or persons, and upon their failure to appear at the trial thereof, said cash bond may, in the discretion of the city recorder, or those acting in his stead, be regarded as a fine and so assessed by said recorder and paid into the treasury of the city. Section 46. Election for mayor and council. On the first Monday in December of each year, there shall be held in the City of Lavonia at some public place designated by the mayor and councilmen, a general election to fill vacancies in the offices of mayor and councilmen, whose terms of office shall expire with the end of that calendar year. At all such elections the polls shall not be opened earlier than seven o'clock a.m., and shall close at seven o'clock p.m. Section 47. Voter registration. All persons qualified to vote for members of the General Assembly and who are registered voters in the County of Franklin and who shall have resided six (6) months within the city limits of the City of Lavonia, and have registered as hereinafter provided, shall be qualified to vote in any city election. Be it further enacted by the authority aforesaid, that the city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such person entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council, shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible, the white and colored being kept separate. The registering officer shall be the judge of the qualification of those offering to register, with a right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said clerk's office is open for official business, except, said

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registration book shall close at the close of the twentieth day before any election, and any person registering therein after the twentieth day before any election, shall not be qualified to vote in said election, and if said twentieth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the nineteenth day before said election. Prior to all elections, and after the close of the registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without the said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State laws shall in all respects govern where in conflict with this charter. Section 48. Preservation of election ballots. In all city elections after the votes have been counted by the election managers, they must sign a certificate stating the number of votes each person voted for received, which certificate shall be delivered to the city clerk at the city hall not later than ten o'clock in the morning after the said election. The ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box, together with all tally sheets which must bear the signatures of the managers. Said box or envelope shall then be securely sealed with the names of the managers across the seals thereof and delivered immediately after the completion of the election (and the counting of the ballots) to the ordinary of Franklin County, by whom they shall be kept, and who shall securely lock same in his vault and they shall be kept unopened and unaltered for a period of thirty days, after which time if said election is not contested, the said

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ballots shall be destroyed by said ordinary, without examining the same himself, or permitting others to do so. And if said ordinary or any other person shall violate any of this section he shall, upon conviction, be punished as provided in section 27-2506 of the Penal Code of Georgia of 1933. Section 49. Power of eminent domain. The city, as a body politic, shall have the full power and authority to acquire, by the exercise of the power of eminent domain, any real property or any interest therein, within or without the corporate limits of the said city, which it may deem necessary for any corporate purpose. Section 50. Power to condemn land and property for public use. The city shall have the power and authority to condemn under the rules and methods and regulations provided by law, land and property for any public use, to-wit: for streets, alleys, sidewalks, ditches, drainage, public playgrounds, parks, public libraries, waterworks, cemeteries, jails and for any and all public uses, when needed. Section 51. Streets, etc., powers conferred. Said mayor and council shall have the superintendence and control of the streets, sidewalks, bridges, and alleys and of the public square, parks and cemeteries of said city, and may prohibit or remove all obstructions of or encroachments thereon or interference therewith. They are vested with the power to lay out new streets or alleys; to widen or straighten any of the streets or sidewalks or alleys of the city. Said mayor and council shall have the power and authority to pave or otherwise permanently improve the sidewalks of said city with whatever material and in whatever manner they deem proper and best and to assess one-half the cost of so paving or otherwise improving the sidewalks, including all necessary curbings, against the real estate abutting on the sidewalk so paved or otherwise improved, and to enforce the collection thereof they shall have power to issue executions against the owner or owners of said abutting property, as city tax executions are issued, and to order, levy on and sell the abutting property. Section 52. Control of streets, sidewalks and bridges. The mayor and council shall have exclusive control of the

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streets, sidewalks, and bridges of the city; they may enact such ordinances as they may deem best for the regulation of traffic upon said streets, sidewalks and bridges, and provide suitable punishment for the violation of these ordinances. Section 53. Streets, powers generally. The city shall have the power and authority to open, lay out, grade, widen, construct, pave, repave, curb, and otherwise permanently improve any and all streets, sidewalks, and ways, and to maintain, relocate, repair, repave, extend, abandon or close them, and to construct, maintain, repair, replace and remove street curbing, sidewalks, alleys or ways. To provide funds for these purposes, all sidewalks, curbing and service sewer construction costs, except costs of service sewers which cannot serve the abutting real estate nor the owners thereof, shall be assessed against the abutting real estate and owners thereof, as previously provided in section 51, but only on the side of the street on which such improvements are made, if on one side only. One-third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions all street construction costs shall be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury, except in special cases provided for by the city ordinances. Section 54. Bond issues authorized for street improvements. The city may, in the manner prescribed by law, provide by ordinance for the issuing of bonds for enlarging or extending the waterworks, sewerage, natural gas, street and/or other public improvements. Section 55. Franchises. The mayor and council is hereby vested with the right to exercise and control franchise rights within the corporate limits of the city over all public utility corporations, to charge for the use of streets and alleys, and to control the use of poles, wires and other equipment used by the grantee of the franchise right.

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Section 56. Utilities, referendum required for sale of; rights-of-way, easements, etc. (a) The city shall continue to supply all the public utilities of said city, to-wit; water-works, sewerage; and for such purposes the mayor and city council shall be invested with all the authority to enlarge such systems of public utilities as they may deem necessary, and they may have authority to prescribe by ordinances for the government and regulation of all public utilities. Provided, that before said mayor and council shall dispose of any one or all of the herein named public utilities by absolute sale in fee simple, an election shall be called submitting the matter to the qualified voters of said city for their approval or disapproval. Said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city. (b) The city shall have the power and authority to extend, construct, maintain and operate its water and sewerage systems in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and the city shall have authority to furnish water and sewerage connections to persons, firms and corporations within and without the corporate limits of said city, and to charge for the same; to make reasonable rules and regulations, and the city may make different charges for the use of such utilities within and without the corporate limits of said city. (c) The city is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, rights-of-way, easements, and privileges for water and sewerage systems within the corporate limits of the city, and without the corporate limits of the city in any direction beyond the corporate limits of the city as the same now exist or may be hereafter established. (d) The city is hereby authorized to purchase, construct, operate and maintain a system for the sale and distribution of natural or other gas within the city limits and in any direction beyond such corporate limits as now exist or as shall hereafter exist, and in connection therewith the city

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is authorized to acquire, by contract, purchase, or condemnation, all rights-of-way, easements, and property necessary to carry out these purposes; provided, that the power of condemnation granted in this section shall not apply to property within the limits of any other municipality, except with the prior approval of the mayor and council of said municipality. The city is hereby authorized and empowered to furnish and supply gas and gas services to any person, firm or corporation at its distribution plant in the city or at the point from which said city acquires its supply of gas for serving non-residents of said city, and to fix the rules and regulations under which the same may be furnished, and likewise fix the terms on which the same are to be furnished and the manner of payment therefor, and the charges to be paid therefor. Section 57. Fiscal year. The fiscal year of and for the city shall be from the first day of January through the thirty-first day of December of each year. Section 58. Budget. No money shall be expended by the and council during any year until a budget has been prepared and adopted, as herein provided. The budget shall include in its anticipations for the year a sum not to exceed the normal revenue collections by the city from all sources during the preceding year. The council shall appropriate a sum sufficient to cover the debt service, including the sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the mayor and council during the year. Should the income of the city be decreased by law or otherwise, it shall be the duty of the mayor and council to immediately adjust its budget so as to comply with such decreased revenue. In the event of an increase in revenue, which increase has become definite and reasonably certain by an increase in tax rate or the schdule of charges for city services, the mayor and council may revise the budget accordingly and take such anticipated receipts into consideration in the budget. Section 59. Transfer of funds. After the budget has been adopted, the mayor and council may transfer or reallocate

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funds, with the exceptions of appropriations for debt services. Section 60. Deficit. Should at any time during any year the expenditures exceed the revenue collected, and a deficit be created, it shall be the duty of the mayor and council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has accrued during the preceding year. Section 61. Audit of finances. The mayor and council are hereby required, at the end of each fiscal year, to have an annual audit made covering all of the financial transactions made and entered into by said mayor and council for that year. Section 62. Taxes, power to levy and collect. The said mayor and council may levy and collect for city purposes a tax not to exceed thirty cents on every one hundred dollars value of real estate, stock and trade, and all other property therein that may at the time be taxable by the laws of Georgia. The said mayor and council shall also have power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt of said city now existing or hereafter to be created by said city. Section 63. City Tax Assessors; returns of assessments, etc.; appeals. The mayor and council shall annually appoint three disinterested freeholders, who shall be discreet, upright persons, citizens and qualified voters of said city, and owners of real estate therein, as city tax assessors, whose term of office shall be one year, and who shall be sworn to assess the real and personal property, including notes, bonds, accounts, and every other species of property of said city at a fair market value, according to the best of their skill and knowledge. The mayor and council shall have authority to prescribe rules for the government of said assessors. Said assessors shall make returns of the assessments made by them to the said mayor and council each year, thirty days before the time for collecting taxes. When

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said return has been made, said mayor and council shall appoint a place and time for hearing objections to the assessments, said objections to be heard by said mayor and council, of which public notice shall be given as may be prescribed by ordinances, and the recorder shall give each owner of property whose tax returns have been increased at least five days' notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, executor, administrator or guardian notice to such agent, executor, administrator or guardian shall be sufficient. If the owner is not a resident of said city and has no agent residing therein, the mayor and council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have the power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double taxing defaulters. Such city tax assessors shall take such oath and receive such compensation as the mayor and council shall prescribe. Such city tax assessors shall have the power to require all taxpayers in said city to furnish them with a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments, when in their opinion their production is necessary for a correct and true assessment. All assessments made by said assessors shall become final if no objection is made on or before the time set for a hearing of objections by the mayor and council, notice-such as the mayor and council may, by ordinance, prescribe-having been given of such hearing; and if no objection is made at the said hearing to any assessment, the decision of the mayor and council, on the hearing of subjects, may increase or decrease the assessment as made by the city tax assessors, and in all cases the decision of the mayor and council is final; the said board of assessors, as well as the mayor and council, shall have authority to punish for a contempt any person failing or refusing to furnish any of the evidences of investment, such as notes, accounts, stocks, bonds and mortgages heretofore set out. Section 64. Defaulters, back taxes, double taxing defaulters. That in case any property which is subject to taxation was not assessed, or for any reason has not been assessed in any past year, the city tax assessors may, at

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any time, assess said property for said year or years, and double tax it if there has been a failure to return it for taxation as required by law, and if the mayor and council have provided for double taxing of defaulters, execution shall then issue therefor, as in other cases, at the rate obtaining the several years in which no taxes were paid. This Section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes collected thereon, as well as to property which in the future may be omitted for any cause from return or assessment, and the collection of taxes omitted in any year. The mayor and council may provide by ordinance for notice to parties whose property has been or may be assessed for back taxes, and the hearing of any complaint. All assessments referred in this section shall be made by the city tax assessors. Section 65. License tax, authority to levy, etc. The mayor and council shall have full power and authority to license, regulate, control or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, taxis, and public or private vehicles of all kinds, traveling vendors of patent medicines, soaps, notions and all other articles; also hotels, boardinghouses, restaurants, lunch stands, fish stands, or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool and other kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games, as well as vending machines, generally; also bakeries, dairies, barbershops, livery stables, sale stables, slaughterhouses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers and pawnbrokers; all agents of fire, health, accident, indemnity, casualty and life insurance companies; the sale of all kind of beverages, cigars, cigarettes, and tobacco products of all kinds; also retailers of malt, vinous, and spirituous liquors; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks or otherwise; and all businesses, occupations, professions, callings, trades, or avocations which, under the laws of the state, are subject to license. The city

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shall have the power to require registration of, to assess and to collect a license tax on, all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of the city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable and shall take rank and be enforceable in the same manner as ad valorem taxes due the city; and the city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in the city; and the city shall have power to punish anyone conducting or engaging in any such business, etc., without first registering and paying said license taxes. The city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Section 66. Executions; fi. fas. In all cases where any taxes, fines, or license fees are not paid when due, the tax collector shall issue executions against the delinquents, which executions shall be directed to the chief of police of said city and his deputies, and it is hereby made the duty of the chief of police and his deputies to proceed to levy and collect all such fi. fas., as in the case of fi. fas. issued for the state and county taxes. To any execution issued by the city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which the execution issued is due, stating the reason why the same is not due by and from the defendant, and stating what amount is admitted to be due, if any; and said amount admittedly due shall be paid before the affidavit shall be received for the balance; and said affidavit so received shall be returned to the Superior Court of Franklin County, and there be tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Section 67. Authority to adopt codes. The city council is hereby authorized to adopt, or incorporate by reference in an adopting ordinance, any code relating to a subject in regard to which the city council has authority to legislate.

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Code as used in this section means a printed or otherwise reproduced compilation of rules and regulations which have been prepared by a technical trade association or group, and shall include, but without being limited to, the following: building codes, plumbing codes, electrical codes, health or sanitation codes, fire prevention codes, together with any other codes embracing rules or regulations pertaining to subjects which are proper municipal legislative matters. Prior to the adoption or incorporation by reference of any such code, at least three (3) copies of same shall be filed in the office of the city clerk and shall remain there on file subject to public inspection so long as such code remains in effect. Any penalty clauses contained in such codes may not be adopted by reference, but shall be set forth in full in the adopting ordinance. Amendments to or revisions of such codes may be adopted or incorporated by reference in the same manner as authorized for their original adoption. The city council is hereby authorized to appoint officers, boards and commissions to administer and enforce codes adopted under authority of this section. Section 68. Donations for public institutions. The mayor and city council shall have authority to make donations out of the funds in the city treasury, not otherwise appropriated, for the support of the poor, for public libraries, and for public hospitals, public rest rooms and other institutions of like character. Section 69. Group insurance for city officers and employees, authorized; deductions, etc. The mayor and council of said city is hereby authorized and empowered to make deductions periodically from the wages and salaries of its employees and officers, including the mayor and council themselves, with which to pay the premium for life, health, accident, hospitalization, or annuity of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby

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the kind of group insurance desired by the employees may be furnished to them and the premiums therefor remitted periodically by said city. The participation in such group insurance by such officers or employees shall be entirely voluntary on the part of such persons at all times. Any officer or employee, upon any pay day, may withdraw or retire from such group plan upon giving notice in writing to his employer directing the discontinuance of deductions from his wages or salary in payment of such plan. The mayor and council of said city in carrying out any provision of this section shall have the right to contribute or pay any part of the premium due on the coverage afforded its officers or employees in an amount not to exceed fifty per cent (50%) of the amount of said premium being charged for the plan of protection afforded out of the general funds of said city. Section 70. Building regulations. The mayor and council may prescribe by ordinance such rules and regulations as they see fit for the regulation of all buildings erected within the corporate limits of said city, or for the repair of such buildings, they may prescribe the materials to be used and the manner of erecting or repairing the same. Section 71. Regulations of public entertainment, shows, etc. The mayor and city council may prescribe by ordinance for the regulation of all public entertainments, shows, circuses, parades, may prescribe when such entertainments, etc., may be held, as well as the manner in which the same may be conducted. Section 72. Fire department. The city shall provide by ordinance for the establishment and maintenance of a fire department for said city, and for this purpose they may acquire property and equipment therefor to be paid out of the revenues of said city or by municipal bonds properly voted and validated therefor, as now prescribed by law. They may provide either for a voluntary service or for a paid service if the revenues of said city authorize such payment, and

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they may provide by ordinance such rules and regulations as they may deem necessary for the government and control of said fire department, which ordinance shall provide officers therefor and prescribe their duties, authority, terms of office, manner of election and compensation. Section 73. Board of health, authorized. The mayor and city council shall also have authority to provide by ordinance for a board of health to be composed of such members as may be provided for in said ordinance; to prescribe their terms of office and define their powers, authority and compensation. The mayor and council in their discretion may provide for a joint city-county board of health. Section 74. Existing ordinances preserved. This Act shall not abolish any of the ordinances now in effect in said city except where they are in conflict with the provisions of this Act, but the same shall be preserved and continued. Section 75. Repealer Clause. The following Acts are hereby repealed in their entirety so far as the same pertain to, relates to the City of Lavonia, Georgia Laws 1896, page 192, Georgia Laws 1908, page 837, Georgia Laws 1908, page 822, Georgia Laws 1910, page 857, Georgia Laws 1913, page 922, 923, Georgia Laws 1914, page 965, Georgia Laws 1915, page 671. Georgia Laws 1915, page 672, Georgia Laws 1915, page 688, Georgia Laws 1918, page 710, Georgia Laws 1918, page 740, Georgia Laws 1920, page 1089, Georgia Laws 1924, page 642, Georgia Laws 1937, page 1976, Georgia Laws 1951, page 2261, Georgia Laws 1952, page 2423, Georgia Laws 1958, page 3282. Section 76. Severability Clause. 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, sub-sections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, sub-section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that

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such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 77. Repealer Clause. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that legislation will be sought at the Special Session of the General Assembly of Georgia convening on May 4, 1964 to establish a new charter for the City of Lavonia, Georgia. Such legislation will seek to abolish all Acts heretofore passed relating to the City of Lavonia and such legislation may contain any provision within the power of the Legislature to enact. C. Patrick Milford Representative, Franklin County, Georgia Georgia, Franklin County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Patrick Milford, who, on oath, deposes and says that he is Representative from Franklin County, and that the attached copy of Notice Of Intention To Apply For Local Legislation was published in the Carnesville Herald, which is the official organ of said county, on the following dates: April 9, 16, 23, and 30, 1964. /s/ C. Patrick Milford Representative, Franklin County. Sworn to and subscribed before me, this 15 day of May, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved June 4, 1964.

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CITY COURT OF JESUPSALARIES, COSTS, COURT REPORTER. No. 11 (House Bill No. 7). An Act to amend an Act entitled An Act to establish the City Court of Jesup in and for the County of Wayne, to define its jurisdiction, provide for judge, solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said city court to Court of Appeals by bill of exceptions and writs of error, and for other purposes., approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), so as to provide for an official court reporter; to provide for said reporter's compensation; to change the compensation of the judge; to change the compensation of the solicitor; to change the costs in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish the City Court of Jesup in and for the County of Wayne, to define its jurisdiction, provide for judge, solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said city court to Court of Appeals by bill of exceptions and writs of error, and for other purposes., approved July 31, 1961 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), is hereby amended by striking from section 3 of said amendatory act of 1958, the following: three thousand ($3,000.00) dollars, and substituting in lieu thereof the following: six thousand ($6,000.00) dollars, so that when so amended Section 3 shall read as follows: Section 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act

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the Judge of the City Court of Jesup shall receive a salary of six thousand ($6,000.00) dollars per annum, which salary shall be paid monthly by the county depository of Wayne County on the order of the commissioners of roads and revenues of said county, and said salary shall remain and continue in effect until changed by Act of the General Assembly of Georgia; provided, however, the governing authority of Wayne County may in addition to said salary supplement the compensation of said judge in an amount not to exceed $1,000.00 per annum; and so much of section 1 of the said Act approved August 4, 1917, and so much of section 1 of said Act approved July 27, 1929, and so much of section 1 of said Act approved August 14, 1931, and so much of section 1 of said Act approved February 19, 1951, as conflicts with this section of this amendment be and the same is hereby repealed. Judge's salary. Section 2. Said Act is further amended by striking from section 4 of said amendatory act of 1958 the following: twenty-four hundred ($2,400.00) dollars, and substituting in lieu thereof the following: fifty-four hundred ($5,400.00) dollars, so that when so amended section 4 shall read as follows: Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act the Solicitor of the City Court of Jesup shall receive a salary of fifty-four hundred ($5,400.00) dollars per annum, which salary shall be paid monthly by the county depository of Wayne County on the order of the commissioners of roads and revenues of said county, and said salary shall remain and continue in effect until changed by Act of the General Assembly of Georgia; provided, however, the governing authority of Wayne County may in addition to said salary supplement the compensation of said solicitor in an amount not to exceed $600.00 per annum; and so much of section 1 of the said Act approved August 16, 1921, and so much of section 1 of said Act approved December 21, 1937, and so much of section 2 of said Act approved February 19, 1951, as conflicts with this section of the amendment be and the same is hereby repealed. Solicitor's salary.

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Section 3. Said Act is further amended by striking from said amendatory act of 1958 section 6 in its entirety, and substituting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted that in all civil proceedings in the City Court of Jesup, the costs which shall be collected by the clerk of said court shall be as follows, to-wit: For the entire service in any suit or proceeding, except issuing subpoenas, in which the total amount involved does not exceed the sum of $1,000.00: $11.00, plus $5.00 for each defendant over one, which sum shall be paid when the suit or proceeding is filed with the clerk. For the entire service in any suit or proceeding, except issuing subpoenas, in which the total sum involved exceeds $1,000.00, the cost shall be the same as now or hereafter provided for suits or proceedings in the Superior Court of Wayne County, Georgia; provided, however, $11.00 of the cost shall be paid when the suit or proceeding is filed with the clerk. Costs. Section 4. Said Act is further amended by adding between sections 6 and 7 of said amendatory act of 1958 a new section to be numbered section 6A and to read as follows: Section 6A. Be it further enacted that the Judge of the City Court of Jesup, Georgia, shall have the right and power to appoint an official reporter for said court, who shall serve at the pleasure of the Judge, and whose duties shall be to attend all sessions of said court when required to do so by the judge, and at said sessions of the court to report the proceedings of all civil cases tried therein, when directed so to do by the judge. Said reporter shall be entitled to the fees for the reporting and transcribing of civil cases at the same rate fixed by law for the reporting and transcribing of proceedings in such cases in the Superior Court of Wayne County, Georgia, and the fees shall be taxed in the same manner. The per diem to be paid said reporter shall be paid out of the fine and forfeiture fund of said court by the clerk

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of the court when the statement therefor has been approved by the judge and when the same has been ordered paid by him. Court reporter. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. May 4, 1964 The following legal notice was run in the official organ of Wayne County, The Wayne County Press, on April 16, 23, 30, 1964. Notice of Intent. Notice is hereby given that during the 1964 extra session of the General Assembly of Georgia, to commence on May 4, 1964 it is the intention of the undersigned to introduce, apply for, and seek to have passed and approved a bill to amend An Act to establish the City Court of Jesup in and for the County of Wayne approved July 31, 1916, recorded in Georgia Laws 1916, pages 248-263, and all amendatory acts thereto so as to change the court costs to be paid in civil cases, to provide for the appointment by the judge of a court reporter, and to change the compensation to be paid to the judge and to the solicitor of said city court, to provide when effective, to repeal all conflicting laws, and for other purposes. This notice is given in pursuance of the Laws of Georgia. This the 14th day of April, 1964. James E. Warren Representative, General Assembly of Georgia, from Wayne County, Georgia. /s/ Elliott E. Brack, Editor Wayne County Press /s/ Elizabeth C. Martin (Seal). Approved June 5, 1964.

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CITY OF UNADILLACORPORATE LIMITS. No. 12 (House Bill No. 22). An Act to amend an Act found in Georgia Laws, 1920, published by authority, at pages 1705 to 1750, inclusively, as variously amended, so as to extend the corporate limits of City of Unadilla so as to include area within its limits being part of lots of land nos. 10, 11, 22, 23, 42, 43, 54 and 55 situate in third land district of Dooly County, Georgia, in addition to the corporate limits fixed by aforesaid Georgia Laws, 1920, and so as to provide when the extension shall become effective and operative, and for other purposes therein-mentioned. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows: Section 1. The corporate limits of the city of Unadilla, defined in section 1 of an act of the General Assembly of Georgia, approved 10 August 1920, found in Georgia Laws, published by authority, at pages 1705 to 1750, inclusively, as variously amended, are extended and enlarged so as to include rectangular plot containing in area 1 square mile, fronting on the north the south limits of the said city, defined in the aforementioned section 1 of the aforementioned act approved 10 August 1920, 10,560 ft. and running south at right angles to the said south limits a uniform depth 2640 ft. Corporate limits. Section 2. The governing authorities of the municipality, Unadilla, shall not assess for the year 1964 any ad valorem taxes with respect to the lands in the aforementioned added area. Taxation. Section 3. This enactment becomes effective and operative automatically and without further act upon the approval by the Governor. Effective date. Section 4. All laws in conflict with this enactment are repealed and modified to the extent of the conflict.

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Section 5. Attached hereto as an annexure and made a part of this enactment is copy of the notice to apply for local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Article III, Section VII, Paragraph XV, of the revised Constitution of the State of Georgia. Notice is, as provided by Constitution of State of Georgia, hereby given this, 21 April 1964, of intention to apply at the approaching (May, 1964) session of General Assembly for passage of bill to be entitled An Act to amend an act found in Georgia Laws 1920, published by authority, at pages 1705 to 1750, inclusively, as variously amended so as to extend the corporate limits of city of Unadilla so as to include area within its limits being part of lots of land nos. 10, 11, 22, 23, 42, 43, 54 and 55 situate in third land district of Dooly County, Georgia, in addition to the corporate limits, fixed by aforesaid Georgia Laws 1920, and so as to provide when the extension shall become effective and operative, and for other purposes, therein-mentioned. Rooney L. Bowen, Jr. Representative from Dooly County Affiant, Madge H. Methvin, being first duly sworn on oath says on oath that she is the publisher of Vienna News, being the newspaper in which the sheriff's advertisements for Dooly County, Georgia, are published, that the notice of intention to apply for local legislation whereof a full, true, exact and perfect copy is herewith shown was duly and legally published in the issues of the said newspaper dated respectively 23 April 1964, 30 April 1964 and 7 May 1964, at the request of Rooney L. Bowen, Jr., being representative from Dooly County, Georgia, and that affiant has personal knowledge of the within-averred facts. /s/ Mrs. Madge H. Methvin

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Taken, sworn to and subscribed in my presence in Dooly County, Georgia, this, 8 May 1964: as witness my signature officially. /s/ Roy B. Friedin Commercial Notary Public Dooly County, Georgia. (Seal). Approved June 9, 1964. TOWN OF BYROMVILLECORPORATE LIMITS, REFERENDUMS. No. 13 (House Bill No. 13). An Act to amend an Act found in Georgia Laws 1905, published by authority, at pages 690 to 695, inclusively, as variously amended, so as to extend the corporate limits of Town of Byromville so as to include within its limits part of lot of land no. 11 situate in first land district of Dooly County, Georgia, and other area being part of lots of land nos. 191, 192, 193 and 194 situate in second land district of said county, and so as to provide that the extension shall not become effective until approved by a simple majority of the qualified voters voting in the area to be added in an election for that purpose to be held and by a simple majority of the qualified voters voting in the present corporate limits in an election for that purpose to be held, and so as to provide for the holding of separate elections, and for other purposes therein-mentioned. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: Section 1. The corporate limits of the Town of Byromville, defined in section 2 of an act of the General Assembly of Georgia, approved 19 August 1905, found in Georgia

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Laws 1905, published by authority, at pages 690 to 695, inclusively, are extended and enlarged so as to include segments as follows: (A) Segment no. 1 being part of lots of land nos. 191 and 194 situate in the second land district of Dooly County, Georgia, identified as comprising rectangular plot with dimensions 2640 feet north and south and 1070 feet east and west lying immediately east of D Avenue extending from the north side of Fourth Street to the south side of D Street, delineated in withinmentioned plat, (B) Segment no. 2 being part of lots of land nos. 192 and 193 situate in the same district identified as comprising rectangular plot with dimensions 2640 feet north and south and 820 feet east and west lying immediately west of Fourth Avenue extending from the north side of Fourth Street to the south side of D Street, delineated in cyanotype plat laid out for the Town of Byromville appearing of record in Dooly registry in its deed book 14, at pages 294 and 295, copy whereof upon reduced scale is recorded in the same registry in its deed book 73, at page 453, (C) Segment no. 3 being part of the withinmentioned lots 193 and 194 identified as comprising rectangular plot with dimensions 580 feet north and south and 5250 feet east and west lying immediately south of the aforementioned segment no. 1 and of the present south limits of the said town, defined in the aforementioned section 2 of the aforementioned Act approved 19 August 1905, and of the aforementioned segment no. 2, (D) Segment no. 4 being part of the withinmentioned lots 191 and 192 identified as comprising rectangular plot with dimensions 580 feet north and south and 5250 feet east and west lying immediately north of the aforementioned segment no. 1 and of the present north limits of the said town, defined in the same section 2, and of the aforementioned segment no. 2, and (E) Segment no. 5 being part of lot of land no. 11 situate in the first land district of Dooly County, Georgia, identified as comprising all the east 1820 feet of the said numbered lot which lies south of a line 1820 feet in length, the east extremity of which is collinear with the north side of the aforementioned segment no. 4. Corporate limits. Section 2. Within 120 days after the date of the approval of this Act the ordinary of Dooly County, Georgia, shall

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call a referendum election to be held in the year 1964 to determine whether a simple majority of the voters qualified under the provisions of this Act and voting at such election favor the annexation of the territory, mentioned in section 1, hereinbefore, and shall give publish notice in the newspaper in which the sheriff's advertisements for Dooly County appear once a week for two successive calendar week next preceding the election, stating in the notice the location of the polling place designated by either the ordinary or the board of county commissioners of the said county, the day and hours of voting, and a brief statement of the issues to be determined by the election and explicitly referring to the certified copy of the Act herein to be kept on file in the ordinary's office previously to the election subject to inspection by the public during regular office hours. The registrars of Dooly County shall meet and certify a list of all qualified voters residing in the territory proposed to be annexed and who are registered and qualified to vote for members of the General Assembly, and only those residents whose names appear upon such list shall be eligible to vote at the election herein authorized. Further, the ordinary shall appoint three managers to supervise the election, which managers shall be first sworn by the ordinary to faithfully manage the election, and the laws and regulations applicable to special elections, not in conflict with the specific provisions hereof, shall apply. Before offering to vote each voters shall be required to subscribe an oath that he comes within the terms of the aforesaid qualifications, and any person who shall swear falsely that he is qualified to vote or who shall cast more than one ballot or who shall vote thereat without proper qualification, shall upon conviction be punished as for a misdemeanor. Ballots shall show the purpose of the election, refer to this Act, and shall have written or printed thereon the words For annexation and Against annexation and voters favoring annexation or extension in the premises shall mark out or cancel the words Against annexation and voters opposed to annexation in the premises shall mark out or cancel the words For annexation, and promptly upon the closing of the polls the managers shall publicly count the ballots cast and within 18 hours thereafter

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deliver to the ordinary the sealed ballot box, ballots, tally sheet and list of voters and certify the result to the ordinary who shall as soon as practicable thereafter declare the result of the election in writing to either the clerk or the mayor of Town of Byromville. Referendum. Section 3. The governing authorities of Town of Byromville shall call an election of the qualified voters of Town of Byromville to be held on the same day and within the same hours as the election authorized in section 2, hereinbefore, to determine whether a simple majority of the voters qualified under the provisions of this Act and voting at the municipally conducted election favor the annexation of the territory, mentioned in section 1, hereinbefore, and shall give public notice in the official organ or newspaper of the Town of Byromville at least one week next preceding the election, stating in the notice the location of the polling place, the day and hours of election for voting, and explicitly referring to the certified copy of the Act herein to be kept of file in the office of clerk and treasurer previously to the election subject to inspection by the public during office hours. Only citizens of Town of Byromville qualified to vote for members of the General Assembly and under the laws pertaining to municipal elections shall be qualified to vote in the election, and the election shall be held in accordance with the laws governing elections in the municipality, Town of Byromville, to the extent not in conflict with the specific provisions hereof. Before offering to vote each voter shall be required to subscribe an oath that he comes within the terms of the aforesaid qualifications, and any person who shall swear falsely that he is qualified to vote or who shall cast more than one ballot or who shall vote thereat without proper qualification, shall upon conviction be punished as for a misdemeanor. Ballots shall show the purpose of the election, refer to this Act, and shall have written or printed thereon the words For annexation and Against annexation and voters favoring annexation or extension in the premises shall mark out or cancel the words Against annexation and voters opposed to annexation in the premises shall mark out or cancel the words For annexation, and the governing authorities of

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Town of Byromville shall declare the result of the election and elections. Referendum. Section 4. Costs of both of the elections provided for in this Act shall be borne by Town of Byromville. Costs of referendums. Section 5. Should both of the elections be in favor of incorporating the additional territory such annexed territory shall automatically and without further act become a part of the corporate limits of Town of Byromville, and the governing authorities of Town of Byromville acting through its mayor shall certify to the Secretary of State such new corporate limits, whereof all the courts within the State of Georgia shall take judicial notice. Effective date. Section 6. In case the result of the elections favor the incorporation of additional territory the governing authorities of Byromville shall not assess for the year 1964 any ad valorem taxes with respect to the lands in such territory. Taxation. Section 7. All laws in conflict with this enactment are repealed to the extent of the conflict. Section 8. If any provision of this enactment or the application thereof to any person or circumstance is held by any court of competent jurisdiction to be null, frustrate or inoperative, such holding of invalidity shall not affect or disturb the operation of other provisions or applications of the enactment which can be given effect without the invalid provision or application, and to this end the provisions of this enactment are declared to be severable. Severability. Section 9. Attached hereto as an annexure and made a part of this enactment is copy of the notice to apply for the local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Article III, Section VII, Paragraph XV, of the revised Constitution of the State of Georgia.

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Notice. Notice is, as provided by Constitution of State of Georgia, hereby given this 14 April 1964, of intention to apply at the approaching (May, 1964) session of General Assembly for passage of bill to be entitled An Act to amend an act found in Georgia Laws 1905, published by authority, at pages 690 to 695 inclusively, as variously amended, so as to extend the corporate limits of Town of Byromville so as to include within its limits part of lot of land no. 11 situate in first land district of Dooly County, Georgia, and other area being part of lots of land nos. 191, 192, 193 and 194 situate in second land district of said county, and so as to provide that the extension shall not become effective until approved by a simple majority of the qualified voters voting in the area to be added in an election for that purpose to be held and by a simple majority of the qualified voters voting in the present corporate limits in an election for that purpose to be held, and so as to provide for the holding of separate elections, and for other purposes therein mentioned. Rooney L. Bowen, Jr. Representative from Dooly County. Affiant, Madge H. Methvin, being first duly sworn on oath says on oath that she is the publisher of Vienna News, being the newspaper in which the sheriff's advertisements for Dooly County, Georgia, are published, that the notice of intention to apply for local legislation whereof a full, true, exact and perfect copy is herewith shown was duly and legally published in the issues of the newspaper dated respectively 16 April 1964, 23 April 1964 and 30 April 1964, at the request of Rooney L. Bowen, Jr., being representative from the said Dooly County, Georgia, and that affiant has personal knowledge of the within-averred facts. /s/ Mrs. Madge H. Methvin

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Taken, sworn to and subscribed in my presence in Dooly County, Georgia, this 1 May 1964: as witness my signature officially. /s/ Roy B. Friedin Commercial Notary Public. Dooly County, Georgia. (Seal). Approved June 9, 1964. CITY OF ATLANTA AND FULTON COUNTY RECREATIONAL AUTHORITYMEMBERS. No. 15 (Senate Bill No. 14). An Act to amend an Act to create the City of Atlanta and Fulton County Recreation Authority;... and for other purposes; approved March 17, 1960, (Ga. L. 1960, p. 2810) as amended particularly by Act approved April 5, 1961, (Ga. L. 1961, p. 3160), so as to provide that successors to certain designated members of said Authority shall be appointed by the commissioners of roads and revenue of Fulton County; to provide for the termination of the term of any public official who shall be appointed a member of the Authority simultaneously with the termination of his public office to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create the City of Atlanta and Fulton County Recreation Authority;... and for other purposes; approved March 17, 1960, (Ga. L. 1960, p. 2810) as amended particularly by Act approved April 5, 1961, (Ga. L. 1961, p. 3160), is amended by inserting following section 2 thereof, two new sections which shall be read as follows:

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Section 2 (a) Notwithstanding the foregoing, successors to the Honorable Ed Forio, Henry A. Dorsey and the Honorable Harold F. McCart, who are presently members of the City of Atlanta and Fulton County Recreation Authority shall be appointed by majority vote of the board of commissioners of roads and revenue of Fulton County. Members. Section 2 (b) Any person appointed to membership on the Authority who is a public official of the City of Atlanta or Fulton County at the time of his appointment shall serve as a member of the Authority only so long as he remains a public official of the city or county government which originally appointed him. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 16, 1964. See Enrolled Act for affidavit and advertisement. CITY OF ALMACLOSING, ETC. OF STREETS AND ALLEYS. No. 16 (House Bill No. 4). An Act to amend an Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the corporate limits of the City of Alma; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, is hereby

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amended by inserting between sections 22 and 23 two new sections to be numbered sections 22A and 22B to read as follows: Section 22A. The mayor and councilmen of the City of Alma are hereby authorized by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the City of Alma as shown by the original survey made by the Alma Land and Improvement Company, a copy of same being of record in the offices of the clerks of the superior courts of Appling County and Bacon County, Georgia. Section 22B. The mayor and councilmen of the City of Alma are hereby authorized to execute and deliver the necessary instruments to effectuate such closing, selling, dedication or donation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the Special Session of the General Assembly of Georgia in May, 1964, a bill to amend the charter of the City of Alma, Georgia, approved August 21, 1906 (Ga. L. 1906, p. 496), as amended so as to authorize the mayor and council to close, dispose of and sell, dedicate or donate any and all alleys and city streets as shown by the original survey made by the Alma Land and Improvement Company. This 14 day of April, 1964. H. Dorsey Deen Representative, Bacon County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Dorsey Deen,

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who, on oath, deposes and says that he is representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Alma Times, which is the official organ of said county, on the following dates: April 15, 22 29, 1964. /s/ H. Dorsey Deen Representative, Bacon County Sworn to and subscribed before me, this 5th day of May, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. Approved June 16, 1964. CITY OF MACONAUTHORITY TO CLOSE, ETC. DESCRIBED ALLEY. No. 17 (House Bill No. 5). An Act authorizing the City of Macon, through its governing authority, to convey to Lamar Properties, Inc. the fee simple title to the ten-foot strip of land constituting the theoretical alley between lots 6 and 7 in square 101 of the City of Macon, running from Riverside Drive to the twenty-foot alley running through said square 101 from Orange Street to Hill Street, and to ratify the action of said governing authority in vacating, closing and abandoning said alley and selling the same to Lamar Properties, Inc. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The City of Macon, through its governing authority, is hereby authorized and empowered to sell and

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convey to Lamar Properties, Inc. for a consideration of one hundred dollars ($100.00) the fee simple title to the ten-foot public alley lying between lots 6 and 7 in square 101 of said City, which runs from Riverside Drive to the twenty-foot public alley running through said square 101 from Orange Street to Hill Street, as shown on present maps of the City of Macon and particularly upon a plat prepared by the City Engineer's Office in the City of Macon on February 8, 1957. Section 2. The action of the City of Macon through its governing authority in vacating, closing and abandoning said theoretical alley is hereby ratified and confirmed. Section 3. All laws and parts of laws in conflict with this act are hereby repealed. Section 4. There is attached hereto and made a part of this Act a copy of a notice of intention to apply for the passage of this Act together with the affidavit of the author of the Act to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1964 Special Session of the General Assembly of Georgia, convening on May 4, 1964: An Act authorizing the City of Macon, through its governing authority, to convey to Lamar Properties, Inc. the fee simple title to the ten-foot strip of land constituting the theoretical alley between lots 6 and 7 in square 101 of the City of Macon, running from Riverside Drive to the twentyfoot alley running through said square 101 from Orange Street to Hill Street, and to ratify the action of said governing authority in vacating, closing and abandoning said alley and selling the same to Lamar Properties, Inc. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of the State of Georgia of 1945.

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This 31 day of March, 1964. /s/ Trammel F. Shi City Attorney Georgia, Bibb County. Personally appeared before the undersigned officer authorized to administer oaths, William E. Laite, a Representative from Bibb County, who on oath deposes and says that he is the author of the foregoing local bill, that the attached instrument entitled Notice of Intention to Apply for Local Legislation is a true and correct copy of a notice which was published in the Macon News on April 16th, April 23rd, and April 30th, 1964, each publication being in a separate week and during a period of 60 days preceding the introduction of this act into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in Bibb County in which sheriff's advertisements are published. /s/ William E. Laite, Jr. /s/ William E. Laite Sworn to and subscribed before me, this 4th day of May, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved June 16, 1964. GORDON COUNTYDEPUTY SHERIFFS, ETC. No. 18 (House Bill No. 14). An Act to amend an Act placing the sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 3214), as amended by an Act approved

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February 14, 1958 (Ga. L. 1958, p. 2121), and an Act approved March 7, 1961 (Ga. L. 1961, p. 2279), so as to provide for deputy sheriffs and their compensation; to provide for automobiles, their maintenance and replacement; to provide for the payment of the necessary office expenses of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 3214), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 2121), and an Act approved March 7, 1961 (Ga. L. 1961, p. 2279), is hereby amended by adding at the end of section 2 the following: The sheriff of Gordon County, Georgia, shall also have the right and authority to appoint a maximum of one deputy for every 6,000 residents of the county, such population to be determined by the latest official United States census figures which are available, to serve during his term of office. The persons and numbers up to the maximum of deputy sheriff appointments shall be at the discretion of the sheriff, and he shall determine the period of time for which each deputy sheriff shall serve during his term of office. Deputy sheriffs shall be compensated in an amount not less than $3,600.00 per annum nor more than $4,200.00 per annum, the exact amount to be determined by the sheriff and the governing authority of Gordon County. At the discretion of the sheriff and the governing authority of Gordon County, any deputy sheriff whose salary has reached the maximum of $4,200.00 per annum shall be eligible to receive three (3) increases of $100.00 per annum up to a final maximum of $4,500.00 per annum., Deputy sheriffs. so that when so amended section 2 shall read as follows: Section 2. The sheriff of Gordon County, Georgia, shall receive an annual salary of ($5,000.00) five thousand dollars per annum and shall in addition to said salary be paid a subsistence allowance of three dollars ($3.00) per diem,

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which said salary and said subsistence allowance shall be paid in equal monthly installments. Said salary and subsistence allowance shall be in full payment of all fees and commissioners or other emoluments that would otherwise accrue to him except for this Act. All such fees, commissions and emoluments shall be collected by him and paid into the general funds of the county. Such compensation and subsistence allowance shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court; except such fees and compensations as provided in section 58-207 of the 1933 Code of Georgia as amended. The sheriff of Gordon County, Georgia, shall also have the right and authority to appoint a maximum of one deputy for every 6,000 residents of the county, such population to be determined by the latest official United States census figures which are available, to serve during his term of office. The persons and numbers up to the maximum of deputy sheriff appointments shall be at the discretion of the sheriff, and he shall determine the period of time for which each deputy sheriff shall serve during his term of office. Deputy sheriffs shall be compensated in an amount not less than $3,600.00 per annum nor more than $4,200.00 per annum, the exact amount to be determined by the sheriff and the governing authority of Gordon County. At the discretion of the sheriff and the governing authority of Gordon County, any deputy sheriff whose salary has reached the maximum of $4,200.00 per annum shall be eligible to receive three (3) increases of $100.00 per annum up to a final maximum of $4,500.00 per annum. Section 2. Said Act is further amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. The sheriff of Gordon County shall be allowed two adequately equipped automobiles, to be replaced new every two years of 75,000 miles, whichever occurs first, unless an extension of the age or mileage is agreed to by the sheriff and the county commissioner, for the exclusive use of his office and shall be furnished with the necessary gasoline, oil and repairs of said automobiles, and shall also

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be furnished with the necessary uniforms for himself and his deputies, and upon the sheriff submitting to the commissioner of roads and revenues of Gordon County, Georgia, requisitions for such items with certificate under oath attached thereto stating that the items covered in the requisitions are necessary to the welfare and upkeep of the department, it shall be the duty of the commissioner of roads and revenues to pay same out of the general funds of said county. Automobiles, uniforms, etc. Section 3. Said Act is further amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows: Section 5. The necessary expense of the office of the sheriff, which shall include all premiums on bonds or insurance required of the sheriff or his deputies, shall be paid out of the general funds of Gordon County upon the sheriff submitting to the commissioner of roads and revenues of Gordon County, Georgia, a requisition for same with the certificate under oath attached thereto stating that the same is necessary for the welfare and upkeep of the sheriff's office; and it shall be the duty of the commissioner of roads and revenues of Gordon County, Georgia, to pay same out of the general funds of Gordon County. Expenses, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at its Extraordinary Session, which convenes on May 4, 1964, a bill to be entitled: An Act to amend the Act to change the compensation of the sheriff of Gordon County, Georgia, from a fee basis to a salary basis, Approved March 7, 1955, Ga. L. 1955, p. 3214, as amended by the Acts of 1958, p. 2121, and as amended by the Acts of 1961, p. 3214, so as to provide for deputy sheriffs of Gordon County, Georgia, to be appointed by the sheriff of said county and to provide their term of office and for their remuneration and expenses, and the

Page 2067

expenses of the sheriff's office to be paid from the general funds of the county. Troy Causby Representative for Gordon County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy Causby, who, on oath, deposes and says that he is Representative from Gordon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Calhoun Times, which is the official organ of said county, on the following dates: April 2, 9 16, 1964. /s/ Troy Causby Representative, Gordon County Sworn to and subscribed before me, this 7th day of May, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved June 16, 1964. GORDON COUNTYCLERICAL HELP FOR COMMISSIONER OF ROADS AND REVENUES. No. 19 (House Bill No. 15). An Act to amend an Act entitled An Act to create the office of commissioner of roads and revenues in and for the County of Gordon, State of Georgia; to provide the

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method of election of such officer; prescribe his duties and powers; fix his salary and term of office; provide his clerk; provide for the management of the affairs of said county; and for other purposes., approved August 4, 1920 (Ga. L. 1920, p. 541), as amended, particularly by an Act approved March 4, 1961 (Ga. L. 1961, p. 2243), so as to change the compensation of the clerk of the commissioner of roads and revenues of Gordon County; to change the manner of payment thereof; to authorize the payment of clerical assistance out of said compensation; to provide for the selection of such personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create the office of commissioner of roads and revenues in and for the County of Gordon, State of Georgia; to provide the method of election of such officer; prescribe his duties and powers; fix his salary and term of office; provide his clerk; provide for the management of the affairs of said county; and for other purposes., approved August 4, 1920 (Ga. L. 1920, p. 541), as amended, particularly by an Act approved March 4, 1961 (Ga. L. 1961, p. 2243), is hereby amended by striking in its entirety section 16, and substituting in lieu thereof a new section 16 to read as follows: Section 16. Be it further enacted by the authority aforesaid that the compensation of the person acting as clerk of the commissioner shall be seventy-five ($75.00) dollars per week, payable weekly or monthly at the discretion of the said clerk, and this sum shall remain in full force and effect during the term for which the clerk is appointed. If the clerk deems it necessary or advisable to use any or all of his said compensation to help defray the expense of clerical help in carrying out his duties, he shall have the full right and authority to do so and to also select the personnel to provide the clerical help without the approval of any other official of said county. Compensation, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the Extraordinary Session, which convenes on May 4, 1964, a bill to be entitled: An Act to amend an Act to create the office of commissioner of roads and revenues in and for Gordon County, Georgia. Approved August 4, 1920, as amended by the Acts of 1961, p. 243, so as to provide for the compensation of the person acting as clerk of the commissioner. Troy Causby Representative for Gordon County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy Causby, who, on oath, deposes and says that he is Representative from Gordon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Calhoun Times, which is the official organ of said county, on the following dates: April 2, 9 16, 1964. /s/ Troy Causby Representative, Gordon County Sworn to and subscribed before me, this 7th day of May, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved June 16, 1964.

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RETIREMENT SYSTEM FOR JUDGES AND SOLICITOR-GENERAL OF CERTAIN COURTS IN FULTON COUNTY AMENDED. No. 20 (Senate Bill No. 12). An Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 2542), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2803), an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2958), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2795), an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), an Act approved March 6, 1956 (Ga. L. 1956, p. 2991), an Act approved March 6, 1956 (Ga. L. 1956, p. 3069), an Act approved March 5, 1957 (Ga. L. 1957, p. 2525), an Act approved March 5, 1957 (Ga. L. 1957, p. 2558), an Act approved March 13, 1957 (Ga. L. 1957, p. 2888), an Act approved March 13, 1957 (Ga. L. 1957, p. 3181), an Act approved March 9, 1959 (Ga. L. 1959, p. 2587), an Act approved March 10, 1959 (Ga. L. 1959, p. 2838), an Act approved March 17, 1960 (Ga. L. 1960, p. 3143), an Act approved March 17, 1960 (Ga. L. 1960, p. 3185), and an Act approved April 4, 1963 (Ga. L. 1963, p. 3015), so as to allow certain eligible persons to become members of the retirement fund; to prescribe the procedure connected therewith; to allow additional time for payments into the retirement fund by certain persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 2542), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2803), an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb.

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Sess., p. 2958), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2795), an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), an Act approved March 6, 1956 (Ga. L. 1956, p. 2991), an Act approved March 6, 1956 (Ga. L. 1956, p. 3069), an Act approved March 5, 1957 (Ga. L. 1957, p. 2425), an Act approved March 5, 1957 (Ga. L. 1957, p. 2558), an Act approved March 13, 1957 (Ga. L. 1957, p. 2888), an Act approved March 13, 1957 (Ga. L. 1957, p. 3181), an Act approved March 9, 1959 (Ga. L. 1959, p. 2587), an Act approved March 10, 1959 (Ga. L. 1959, p. 2838), an Act approved March 17, 1960 (Ga. L. 1960, p. 3143), an Act approved March 17, 1960 (Ga. L. 1960, p. 3185), and an Act approved April 4, 1963 (Ga. L. 1963, p. 3015), is hereby amended by striking from section 5 the words and figures thirty-six (36) equal monthly installments and inserting in lieu thereof the words and figures sixty (60) monthly installments and by adding at the end thereof the following sentence: Any person now making such payments on a thirty-six (36) month basis is hereby authorized to elect to extend such payments over an additional period not to exceed twenty-four (24) months., so that when so amended section 5 shall read as follows: Section 5. Be it further enacted that any judge or solicitor-general, or other officer herein referred to, who has not heretofore elected to qualify within the time specified in section 4 hereof or as may have heretofore been authorized or permitted, may, on and after the passage and approval of this amendment, elect to qualify for the benefits under this Act, and then and in that event such judge or solicitor-general or other officer herein referred to, shall commence paying into the retirement fund the percentage of his salary as is provided in section 4 hereof, and, in addition thereto, he or she shall pay into said fund, in a total or lump sum, an amount equal to 5% of his or her salary from the time of the passage of this Act, or, in case of new judges or new solicitors-general, or other officers herein referred to, from the time of qualifying for their respective offices, plus three per centum per annum on the payments provided for in this Act from the date upon which the judge or solicitor-general or other officer

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first became eligible to qualify under said Act, and upon making such payments he, she or they shall be qualified to retire under the terms hereof. Provided that, instead of paying into said fund, in a total or lump sum, as hereinbefore provided, an amount equal to 5% of his or her salary from the time of the passage of this Act, or from the time of qualifying for his or her office, plus three per centum per annum on such payments, any such judge, solicitor-general or other officer made eligible by this amendment to qualify for the benefits of this Act, as hereby amended, may, at his or her option, elect to make said payments in sixty (60) equal monthly installments which shall be deducted each month from his or her salary, as other payroll deductions are made, and deposited into said retirement fund, as other deposits therein are made, as provided by this Act, as amended, provided further that any or all of said installments above referred to may be paid at any time before maturity, at the option of such judge, solicitor-general or other officers herein referred to, and provided further that any officer electing to qualify for retirement under the authority of this amendment may in the same manner and on the same terms and conditions, qualify for the benefits of this act for his widow. Any person now making such payments on a thirty-six (36) month basis is hereby authorized to elect to extend such payments over an additional period not to exceed twenty-four (24) months. Time for making contributions. Section 2. Said Act is further amended by adding a new section to be numbered section 5 (c) to read as follows: Section 5. (c) Any officer of Fulton County who is eligible and who has not heretofore qualified to participate in the benefits provided in the Judges' and Solicitor-Generals' Retirement Fund of Fulton County is hereby authorized to qualify for a pension for himself and his widow, provided such officer shall notify the trustees on or before July 1, 1964, of his desire to become a member of the Retirement Fund. Such officer shall pay into the retirement fund the percentage of his salary required by the terms of the Act approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, which created the retirement fund. Payments

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required to be made shall be divided into sixty (60) equal monthly installments which may be deducted from the compensation of any such officer and shall be deposited into the retirement fund. Such deductions shall be in addition to the deductions otherwise required. Any officer qualifying as a member of the retirement fund shall have as a credit all sums which he may have paid to any pension fund of the county during prior service as an employee or officer, without deductions, which sum shall be paid by the Treasurer of Fulton County or the trustees of the pension fund, as the case may be, to the trustees and Treasurer of the Judges' and Solicitor-Generals' Retirement Fund of Fulton County. Time to qualify for benefits. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 16, 1964. See Enrolled Act for affidavit and advertisement. CITY OF HAZLEHURSTAUTHORITY TO CLOSE STREETS AND ALLEYS. No. 21 (House Bill No. 76). An Act to amend an Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended, so as to authorize the City of Hazlehurst to close streets and alleys located within the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended, is hereby amended by adding in subsection (i) of section 4 between the words open and widen the word close, so that when so amended, subsection (i) shall read as follows:

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(i) Said commissioners shall have full authority and the right to lay out, open, close, widen, straighten and otherwise change any street, alley or square within the City of Hazlehurst; to establish and fix systems of grading and draining any of the streets and alleys of said city, or other land within said city, and to condemn, as heretofore provided, for any of such purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the present extraordinary session of the General Assembly of Georgia, which convened upon the call of the Governor of Georgia on May 4, 1964, there will be introduced a bill to amend the charter of the City of Hazlehurst, as amended particularly by an Act approved December 22, 1953, (Ga. L., 1953, Nov.-Dec. Sess., page 2925), so as to provide that the board of commissioners shall have full power, right and authority to close any street, alley or square within the City of Hazlehurst. This 20th day of May, 1964. James L. Conner Representative, Jeff Davis County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Conner, who, on oath, deposes and says that he is Representative from Jeff Davis County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Jeff Davis Ledger, which is the official organ of said county, on the following dates: May 21, and 28, 1964; June 4, 1964.

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/s/ James L. Conner, Representative, Jeff Davis County. Sworn to and subscribed before me, this 8th day of June, 1964. /s/ Charles E. Tidwell, Notary Public, Georgia State at Large. My Commission Expires May 17, 1965. (Seal). Approved June 19, 1964. COBB COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 22 (House Bill No. 64). An Act to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for the membership of said Board; to provide for the election, qualification, terms, powers, authority, compensation, and duties of the Chairman and Commissioners; to provide for filling vacancies; to provide a procedure for recall; to provide for their oath and bond; to provide for meetings; to define the powers and authority of the Commission; to provide for a Deputy Commissioner and to define his qualifications, compensation, and duties; to provide for internal organization of the county government of Cobb County; to provide for a Department of Finance under the supervision of a Cobb County Comptroller and to provide for his qualifications, powers, authority, compensation, and duties; to define the functions, power and authority of the Department of Finance; to provide for the submission of an annual budget by the Chairman to the Commission; to provide for a method for the expenditure of county funds; to provide for an annual and periodic audit of county finances; to provide limitations

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on the Chairman and Commissioners as to agreements and contracts relating to county business; to provide an effective date; to provide for a referendum and the permissive use of voting machines therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chairman and Board of Commissioners Created. There is hereby created in and for the County of Cobb a Board of Commissioners of roads and revenues to be elected and organized as hereinafter set forth, which Board of Commissioners, also to be known as the Commission, shall constitute the governing authority of said County and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. Section 2. (A) Commissioner Districts. The Commission established herein shall consist of five members, of which four members shall be known as Commissioners and one member shall be known as Chairman. The Chairman shall be elected by the voters of the entire county. The other four positions on the Commission shall be designated as Commissioner Post No. 1, Commissioner Post No. 2, Commissioner Post No. 3, and Commissioner Post No. 4. Only those persons who possess the qualifications set forth hereinafter and who reside within that territory embraced within State Senatorial District No. 32, as the boundaries may now or hereafter exist, shall be eligible to offer for election to Commissioner Post Nos. 1 and 2. Only those persons who possess the qualifications set forth hereinafter and who reside within that territory embraced within State Senatorial District No. 33, as the boundaries may now or hereafter exist, shall be eligible to offer for election to Commissioner Post Nos. 3 and 4. Persons offering for Commissioner Post Nos. 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective Senatorial District from which such persons offer as candidates. (B) Qualifications of Chairman. The Chairman shall be a citizen of this State who has attained the age of thirty (30) years and who has been a resident of Cobb County

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for not less than two years next preceding his election, and shall hold no other elective public office. (C) Qualifications of Commission Members. Members of the Commission, other than the Chairman, shall be citizens of this State who have attained the age of twenty-five (25) years and who have been residents of their respective Commissioner District for not less than one year preceding their election, and shall hold no other elective public office. Section 3. Election and Term of Commission Members. The first members of the Commission created herein to represent Commissioner Districts shall be elected for staggered terms at the general election held for members of the General Assembly in 1964, and their terms shall commence on January 1, 1965. The Commission members so elected to represent Commissioner Districts No. 2 and No. 4 shall serve for terms of four years each and until their respective successors are elected and qualified. The Commission members so elected to represent Commissioner Districts No. 1 and No. 3 shall serve for terms of two years each and until their respective successors are elected and qualified. All members elected in subsequent elections after the general election of 1964, other than elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified, so that two of the Commission members other than the Chairman shall be elected at the general election held every two years. Section 4. Election and Term of Chairman. The first Chairman of the Commission created herein shall be elected to serve for a term of four years. His successor and all subsequent Chairmen shall be elected for terms of four years each and until their respective successors are elected and qualified. Neither the Chairman nor any Commissioner shall be qualified to offer for election to any Commission Post other than the one in which he is serving without first resigning from the Commission Post in which he at that time is serving. Section 5. Election Returns; Vacancies. In all elections

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for Chairman or Commissioners held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such offices. In the event of a vacancy in the office of Chairman or a Commissioner whose unexpired terms exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the Commission to fill vacancies by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office. Section 6. Recall of Chairman or Commissioners. The Chairman or any Commissioner shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall election must be signed by not less than twenty-five (25%) percent of the qualified registered voters of said County and shall be filed in the office of the ordinary of said County. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in Cobb County certifying that the names appearing on said petition have been verified by comparison with the list of qualified registered voters maintained by him, and that the names appearing thereon constitute not less than twenty-five (25%) percent of such voters. Such certificate shall be furnished by said registrar or deputy registrar within (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty (30) days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election

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shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term and shall be prepared so as to enable voters in such election to vote For recall of the above named officer or Against recall of the above named officer. The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. If, in the opinion of the ordinary, it is practicable to do so, said election may be held in accordance with the Act approved March 28, 1947 (Ga. L. 1947, p. 1203), as amended, by the use of voting machines. No officer subject to the provisions of this section shall be subject to more than one recall election during a term of office. Section 7. Oath and Bond. Before entering upon the discharge of their duties, the Chairman and Commissioners shall subscribe an oath before the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfactory surety bond to be judged by the ordinary of the county and payable to the ordinary or his successor in office and filed in the office of the ordinary, in the sum of fifty thousand ($50,000.00) dollars, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of ten thousand ($10,000.00) dollars. The costs of said bonds shall be paid out of the county treasury. Section 8. Compensation. Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of three thousand six hundred ($3,600.00) dollars per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the

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county treasury. The Chairman shall receive as his entire compensation the sum of fifteen thousand ($15,000.00) dollars per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation from all sources to which said Chairman or either Commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. Section 9. Meetings. The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at 2:00 o'clock p.m. at the county seat, which meeting shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chairman or any three Commissioners, provided all members of the Commission shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any three Commissioners or the Chairman and any two Commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three Commissioners or two Commissioners and the Chairman. The Chairman shall be entitled to the same voting rights as other Commissioners on questions considered by the Commission. Section 10. The Chairman. The Chairman shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration or the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the Commission in regard to matters reserved to the exclusive jurisdiction of the Commission. The Chairman shall preside over meetings of the Commission. The Chairman shall establish rules and regulate purchasing services for all county departments, offices and agencies. He shall be further authorized to make purchases for the county in amounts not exceeding $500.00. Section 11. The Commission. The Commission shall have the power and authority to fix and establish, by appropriate

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resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the Commission minutes, shall be conclusive and binding on the Chairman. The policies, rules and regulations so adopted by the Commission shall be carried out, executed and enforced by the Chairman as chief executive officer of the county, and the Commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said Chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the Commission shall be null, void and of no effect. The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction: (a) To levy taxes. (b) To make appropriations. (c) To fix the rates of all other charges. (d) To authorize the incurring of indebtedness. (e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (f) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of county funds. (g) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law; provided, however, that the Chairman shall have the authority to accept subdivision plats when the requirements established by the Commission for subdivisions have been met. (h) To establish, abolish, or change election precincts

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and militia districts according to law. (i) To allow the insolvent lists for the county. (j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the Commissioner or Board of Commissioners of the county. (k) To exercise all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Roads and Revenues of Cobb County in respect to zoning and planning. (l) To create and change the boundaries of special taxing districts authorized by law. (m) To fix the bonds of county officers where same are not fixed by statute. (n) To enact any ordinances or other legislation the county may be given authority to enact. (o) To determine the priority of capital improvements. (p) To call elections for the voting of bonds. (q) To exercise all of the power and authority heretofore vested by law in the Commissioner of Roads and Revenues of Cobb County or in the Cobb County Advisory Board together with the power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power given to the Chairman by the provisions of this Act. (r) To make purchases of not less than $500.00 nor more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the county. (s) To make purchases in amounts over $5,000.00; provided, however, that for any purchases in such amounts,

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advertisements for bids shall be first published for two (2) consecutive weeks in the official organ of Cobb County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the Commission, an emergency exists which will not permit of delay. Section 12. Reports of Officers. The Commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices. Section 13. Appointment of County Officials and Employees. Subject to the qualifications and limitations set out in this Act, the Chairman shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Cobb County which may now be in force or subsequently adopted, all employees and officials of the county, except as to: (a) Boards or positions created by State statute, and (b) elected officers and employees under their supervision and control. Such appointments and/or removal shall be subject to approval by the Commission in the case of the comptroller and the county attorney. The fixing of compensation shall in every case be subject to approval by the Commission. It is specifically provided that the elected county officials shall have the sole authority to appoint the personnel within their respective offices subject to civil service and merit system laws of Cobb County which may now be in force or subsequently adopted, but the Commission shall have the authority to approve each salary of such employee. Section 14. Appointment to Statutory Positions. The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the Chairman, subject to the approval of the compensation therefor by the Commission, within budgetary provisions.

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Section 15. Deputy Commissioner. The Chairman shall have a Deputy Commissioner, whose compensation shall be $8,250.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Any candidate for the office of Chairman shall on the date of his qualification for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as Deputy Commissioner in the event he is elected to the office of Chairman, and the person so named and certified by the successful candidate for such office shall serve as the Deputy Commissioner during the term for which he was named. In the event of the death, disability or resignation of the Deputy Commissioner, the Chairman shall have thirty days from the date of such death, disability or resignation to certify to the ordinary of Cobb County the name of the new Deputy Commissioner to be appointed by him. In order to be eligible to serve as a Deputy Commissioner, a person must possess the same qualifications as provided for the office of Chairman. The Deputy Commissioner shall assist the Chairman in the performance of his duties. The Deputy Commissioner shall have full authority to act in the event the Chairman is out of the county for any reason or absent from his office because of illness or is unable for some other reason to act, and any action by the Deputy Commissioner under such circumstances shall have the same force and effect as if such action had been taken by the Chairman. In the event a vacancy occurs in the office of Chairman of the Commission of Cobb County, the Deputy Commissioner shall immediately succeed to the office of Chairman. In the event of a vacancy in the office of Chairman, whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for filling vacancies. Section 16. Departments. The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the Commission shall be divided into the following departments:

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1. Finance. 2. Water and sewer. 3. Public works. 4. Public safety. 5. Fire. 6. Parks and recreation. 7. Law. 8. Buildings and inspections. 9. Zoning and planning. Additional departments may be created, or any two or more departments may be consolidated, from time to time, by a majority of the Commission, except that the Department of Finance shall be maintained at all times as a separate and distinct department. Section 17. Department of Finance. The Department of Finance shall be under the supervision and control of the Cobb County Comptroller. The Comptroller shall be appointed by the Commission and shall be directly responsible to them. He shall have a bachelors or masters degree with a major in accounting or the equivalent thereof from an accredited college or university or shall have had at least five years of experience in public accounting or five years experience in accounting work for a Federal, State, county, or municipal governmental agency. His compensation shall be fixed by the Commission, but shall not be less than $7,500.00 per annum, nor more than $10,000.00 per annum, payable monthly. The Department of Finance shall, pursuant to the resolutions adopted by the Commission and instructions given by the Chairman, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Compile the annual budget covering all funds.

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(3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same. (4) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources. (5) Examine all claims against the county and make recommendations as to payment. (6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unembumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations. (7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (8) Prepare and issue quarterly financial reports of the operations of all county funds. (9) Maintain property control records of all county property, including equipment and stores, and supervise stores. (10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the Chairman and Commission on financial matters. (11) Perform such other duties as may be assigned by the Chairman and/or Commission. Section 18. Records; Minutes. The Comptroller shall be ex-officio clerk of the Commission and Chairman, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the Chairman. The minute books of the Chairman and Commission shall be open to the public inspection

Page 2087

at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the Commission in an amount sufficient to defray the cost of preparing same. Section 19. Budget and Appropriations. The Chairman shall submit annually to the Commission, not later than December 1st, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The Commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Cobb County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the Commission at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended by the Commission, shall constitute the Commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the Commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the Chairman shall be accompanied by a report containing information and data relating to the financial affairs of the County pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the Chairman to the grand jury of the Superior Court of Cobb County within ten days from the time such budget or amendment thereof is adopted by the Commission. Section 20. Expenditures by Allotments. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the Commission. The Chairman shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the Comptroller and the Department of

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Finance, institute a system of quarterly allotments of all monies appropriated and budgeted. Section 21. Audits. The Commission shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the Commission at least quarterly. Each quarterly and annual report submitted to the Commission shall be filed with the Department of Finance and be made available to public inspection as other records in such office. The Commission shall cause to be published in the official organ of Cobb County and posted at the courthouse door a statement of the financial condition of the County as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Cobb County a copy of each quarterly and annual report furnished by him to the Commission. Section 22. Agreement of Candidates. It shall be unlawful for any candidate, either for the office of Chairman or Commissioner, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the Chairman or Commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia. Section 23. Officials Not to be Interested in Contracts. Neither the Chairman or any member of the Commission or other County officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contract to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant, or employee of a firm of which he is a member or by whom

Page 2089

he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contracts made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of section 23-1714 of the Code of Georgia of 1933. Section 24. Effective Date. This Act, when approved and ratified by the voters of Cobb County in the referendum provided for in section 25 of this Act, shall become effective on and after January 1, 1965, except that the provisions herein contained authorizing election in 1964 of officers whose terms commence on January 1, 1965, shall become effective upon approval of this Act in said referendum. Section 25. Referendum Election on Act. This Act shall become effective as provided in the preceding section 24 hereof only after the same shall have been ratified and approved by the qualified voters of Cobb County at a special election to be held for that purpose on July 8, 1964. At said election the qualification of voters shall be the same as now fixed by law for the qualifications of voters at special elections called to fill a vacancy occurring in a county office and shall be held under all laws of this State applicable to special elections. Ballots shall be submitted to the voters at said election which shall have printed thereon the words: For ratification of the Act of the General Assembly of Georgia creating a multiple commission form of government for Cobb County, Georgia, and for abolishing the one-man commissioner form of government. Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and against abolishing the one-man commissioner form of government. The ballot shall be prepared so that the voter may enter a check or crossmark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his

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or her choice. If a majority of those voting at said election shall vote For ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and for abolishing the one-man commissioner form of government, this Act shall become effective as provided herein, and the ordinary of Cobb County shall so declare and certify the same to the Secretary of State as required by law. If a majority of those voting in said election shall vote Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and against abolishing the one-man commissioner form of government, this Act shall be null, void and of no effect, and the ordinary of Cobb County shall so declare and certify the same to the Secretary of State as required by law. Section 26. Use of Voting Machines. If, in the opinion of the ordinary of Cobb County, it is practicable to hold any election, whether the same be a referendum, special or general election, provided for by this Act by use of voting machines, the ordinary is authorized to hold such elections or all or any such elections by means of voting machines in accordance with the provisions of the Act of the General Assembly approved March 28, 1947 (Ga. L. 1947, p. 1203), as amended. Section 27. Conflicting Laws Repealed. All laws and parts of laws in conflict with this Act are hereby repealed. More particularly, an Act approved August 7, 1924 (Ga. L. 1924, p. 314), an Act approved August 20, 1925 (Ga. L. 1925, p. 60), an Act approved February 9, 1949 (Ga. L. 1949, p. 436), an Act approved February 11, 1952 (Ga. L. 1952, p. 2273), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 309), an Act approved November 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2888), an Act approved November 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 302), an Act approved March 4, 1955 (Ga. L. 1955, p. 2742), an Act approved March 7, 1957 (Ga. L. 1957, p. 2632), and an Act approved January 10, 1962 (Ga. L. 1962, p. 3149), and an Act approved March 18, 1964 (Ga. L. 1964,

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p. 3117), are hereby specifically repealed in their entirety. All other laws not specifically in conflict with the provisions of this Act shall not be repealed. Section 28. Severability Clause. Should any court of this State declare any section, part, paragraph or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section, part, paragraph or clause so declared to be unconstitutional and invalid, and shall not affect any other section, part, paragraph or clause of this Act. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce legislation in the Special Session of the General Assembly of Georgia beginning May 4, 1964 to create a multiple commission form of government; to abolish the one-man commissioner form of government for Cobb County, Georgia; to provide the procedure connected therewith; to provide for a referendum thereon and for other purposes. Signed: E. W. Teague State Representative Cobb County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson, who, on oath, deposes and says that he is Representative from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of said county, on the following dates: April 10, 17 and 24, 1964. /s/ Joe Mack Wilson, Representative, Cobb County. Sworn to and subscribed before me, this 26 day of May, 1964.

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/s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved June 19, 1964. COUNTY COURT OF ATKINSON COUNTYSOLICITOR. No. 24 (House Bill No. 19). An Act to amend an Act creating a County Court of Atkinson County, approved March 25, 1958, (Ga. L. 1958, p. 3178), as amended by an Act approved March 6, 1961 (Ga. L. 1961, p. 2175), so as to provide that the solicitor of said court shall be appointed; to provide for terms of office; to provide for filling vacancies; to provide that the first appointee shall serve until January 1, 1965; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a County Court of Atkinson County, approved March 25, 1958 (Ga. L. 1958, p. 3178), as amended by an Act approved March 6, 1961 (Ga. L. 1961, p. 2175), is hereby amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. There shall be a solicitor of the County Court of Atkinson County who shall be appointed by the judge of said court and commissioned by the Governor. The judge shall appoint the solicitor of the County Court of Atkinson County in December of each even-numbered year, including 1964, and the solicitor so appointed shall serve for a term of two years and until his successor is appointed and qualified. In the event a vacancy occurs for any reason in the office of the solicitor of the County Court of Atkinson

Page 2093

County, the judge of the County Court of Atkinson County shall appoint a qualified person for the unexpired term. The first person appointed by the judge of the County Court of Atkinson County as solicitor of said court shall be appointed within thirty (30) days after the approval of this Act and shall serve until January 1, 1965, and until his successor is appointed and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May 1964 Extraordinary Session of the General Assembly of Georgia, a bill to amend the Act creating the County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; and for other purposes. This 21 day of April, 1964. Waldo Henderson Representative, Atkinson County. Talmadge McKinnon, Senator, 7th District Georgia, Fulton County. Personally appear before me, the undersigned authority, duly authorized to administer oaths, Waldo Henderson, who, on oath, deposes and says that he is Representative from Atkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen and Pearson Tribune, which is the official organ of said County, on the following dates: April 23rd and 30th and May 7th, 1964. /s/ Waldo Henderson Representative, Atkinson County

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Sworn to and subscribed before me, this 11th day of May, 1964. /s/ Patty Sue Hurst Notary Public, State at Large. (Seal). Approved June 23, 1964. CITY OF VIDALIACORPORATE LIMITS. No. 25 (House Bill No. 42). An Act to amend an Act creating a new charter for the City of Vidalia, in the County of Toombs, approved August 8, 1922 (Ga. L. 1922, p. 1004), as amended, particularly by an Act approved August 22, 1929 (Ga. L. 1929, p. 1392), and by an Act approved February 2, 1949 (Ga. L. 1949, p. 87), so as to change the corporate limits of said City of Vidalia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Vidalia, in the County of Toombs, approved August 8, 1922 (Ga. L. 1922, p. 1004), as amended, particularly by an Act approved August 22, 1929 (Ga. L. 1929, p. 1392) and by an Act approved February 2, 1949 (Ga. L. 1949, p. 87), is hereby amended by striking from section 2 of said Act the words and figures one and one-half (1) and substituting in lieu thereof two (2), and by striking the following sentence from said section 2: Nor shall it include any territory beyond the limits of Toombs County, Georgia., so that when so amended, section 2 shall read as follows: Section 2. The center of the City of Vidalia is hereby established at a point in the center of the main line of the Seaboard Air Line Railway and in the center of Morris

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Street where the same intersects with the main line of said railway in the City of Vidalia, and the territorial limits of said City from and after the passage of this Act shall extend two (2) miles in all directions, except it shall not encroach or infringe upon the corporate limits of the City or Town of Charles, Georgia. No fields or woodlands exceeding five acres shall be subject to taxation until the same are laid out in city lots. However, buildings will be subject to taxation and are not exempt by this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 Special Session of the General Assembly of Georgia, said Session beginning on May 4th, 1964, a bill to amend the charter of the City of Vidalia, to repeal conflicting laws and for other purposes. This 21st day of April, 1964. /s/ Dorothy R. Calhoun, Clerk, City of Vidalia, for Mayor and Council of City of Vidalia. State of Georgia, County of Toombs. Personally appeared before the undersigned officer, H. M. Rhoden, who on oath deposes and says that he is the publisher of The Lyons Progress and that the above and foregoing is a true and correct copy of notice of intention to introduce local legislation as the same appeared in the issues of The Lyons Progress on April 23, 1964, April 30, 1964, and May 7, 1964, the said newspaper being published in City of Lyons, Toombs County, Georgia, and being the official gazette of said county. /s/ H. M. Rhoden

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 Special Session of the General Assembly of Georgia, said Session beginning on May 4th, 1964, a bill to amend the charter of the City of Vidalia, to repeal conflicting laws and for other purposes. This 21st day of April, 1964. Dorothy R. Calhoun, Clerk, City of Vidalia, for Mayor and Council of City of Vidalia. Sworn to and subscribed before me, this 11th day of May, 1964. /s/ M. O. Strickland Notary Public, Georgia, State at Large, residing in Toombs County, Georgia. Approved June 24, 1964. BAKER COUNTYSHERIFF PLACED ON SALARY BASISREFERENDUM. No. 27 (House Bill No. 49). An Act to abolish the present mode of compensating the sheriff of Baker County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the sheriff of Baker County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The sheriff shall receive an annual salary to be fixed annually by the commissioners of roads and revenues of Baker County at not less than $3,600.00 and not more than $6,500.00, payable in equal monthly installments from the funds of Baker County. Salary. Section 3. After the effective date of this Act, the sheriff shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the sheriff shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The commissioners of roads and revenues shall have the authority to provide such personnel to the sheriff as they shall deem necessary to efficiently and effectively discharge the official duties of his office. It shall be within the sole discretion of the governing authority of Baker County to fix the compensation to be received by each employee in said office. Deputies, etc. Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials,

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furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Baker County. Supplies, etc. Section 6. The provisions of this Act shall become effective on September 15, 1964, if approved by the referendum provided for hereinafter. Effective date. Section 7. It shall be the duty of the ordinary of Baker County to issue the call for an election for the purpose of submitting this Act to the voters of Baker County for approval or rejection. The ordinary shall set the date of such election for July 15, 1964. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Baker County. The ballot shall have written or printed thereon the words: For approval of the Act placing the sheriff of Baker County upon an annual salary. Against approval of the Act placing the sheriff of Baker County upon an annual salary. Referendum. All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Baker County. It shall be the duty of the ordinary 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

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the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May session of the General Assembly of Georgia a bill to place the sheriff of Baker County on a salary in lieu of a fee basis; to provide the procedure connected therewith; to provide for a referendum; and for other purposes. This 6th day of May, 1964. Representative J. R. Rhodes, Jr. Baker County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. R. Rhodes, Jr., who, on oath, deposes and says that he is Representative from Baker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Albany Herald, which is the official organ of said county, on the following dates: May 6, 13 20, 1964. /s/ J. R. Rhodes, Jr., Representative, Baker County. Sworn to and subscribed before me, this 25 day of May, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved June 29, 1964.

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TOOMBS COUNTYSHERIFF PLACED ON SALARY BASIS. No. 28 (House Bill No. 3). An Act to place the sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation; to provide for the manner of fixing said salary; to provide for arbitration in the event of disputes concerning said salary; to provide for fiscal matters; to provide for budgets; to provide for emergencies; to provide for the preparation and submission of budgets; to provide for personnel and their compensation; to provide for the disposition of fees previously allowed the sheriffs; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. After the effective date of this Act, the sheriff of Toombs County shall be compensated by an annual salary as provided for hereinafter in lieu of the fee system of compensation, or the fee system of compensation supplemented by a salary, which may be in effect for said officer. Thereafter, all laws, whether they be local or special, or general laws with local application, relating to said sheriff's compensation, are hereby specifically repealed. Salary basis. Section 2. The annual salary provided for hereinafter shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed and collected as compensation for said officer, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered as long as said services were rendered by virtue of the fact that said officer is the sheriff of Toombs County, irrespective of the consideration that said services may not have been rendered in his official capacity as sheriff of said county, but may have been personal. Intent. Section 3. The annual salary of said sheriff shall be fixed by the governing authority of Toombs County subsequent

Page 2101

to said officer taking office on January 1 of the year following his election. Said salary shall not be diminished thereafter during the term of office of said officer, but may be increased by the governing authority. In the event any vacancy should occur in the office of the sheriff of Toombs County, the governing authority of said county may not fix or diminish the annual salary of the successor to said officer at a figure which shall be less than that provided for his predecessor during the remainder of said term of office. Salary. Section 4. Said salary shall be fixed by a unanimous decision of the governing authority after January 1 but prior to January 20 of the year following the sheriff's election. The governing authority shall request the assistance of the county auditor for the preceding fiscal year in determining the salary for the sheriff and approving the budget for the forthcoming fiscal year. In the event that said salary is not fixed by that date, or in the event the sheriff shall disapprove of the salary fixed by said governing authority, the sheriff shall have the right to appeal to a board of arbitration to be composed of the Judge of the Superior Court of Toombs County as chairman and four members of the previously impaneled Toombs County grand jury, said members to be selected by said judge. The auditor of the county's books for the immediately preceding fiscal year shall be an ex officio member of the said board, but shall act only in an advisory capacity and shall not be entitled to vote in any deliberations conducted by the board. Upon an appeal being taken to the board, the chairman of the arbitration board shall convene the board in session as soon as practical after notice of appeal is received by the chairman. The chairman shall cause at least five days' notice of the date fixed by the board for its deliberations to be served upon the sheriff and the chairman of the county governing authority. After allowing an opportunity for the sheriff and representatives of the governing authority to appear and be heard before the board, the board shall fix the salary of the sheriff, and the decision of the board thereon shall be final and shall be the salary of the sheriff for the remainder of his term in office. Same, appeal.

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Section 5. The fiscal year of the sheriff of Toombs County shall commence on January 1 and end on December 31 of each year. No later than June 15 of each year, except in those years in which the sheriff is elected and in that year by December 1, the sheriff shall certify to the governing authority of Toombs County a proposed budget of expenditures for carrying out the powers, duties and operations of his office for the ensuing fiscal year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail, other than construction, repair or capital improvement of county buildings during said fiscal year. The expenditures shall be itemized as follows: Budget. (a) Salary of the sheriff. (b) Salaries of deputies and assistants. (c) Expenses, other than salaries. (d) Equipment. (e) Investigations. (f) Such other items as may be required by the governing authority. The sheriff shall furnish the governing authority of Toombs County all relevant and pertinent information concerning expenditures made in previous years and to the proposed expenditures which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may require the sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than January 20 of each year following the submission of said budget, the governing authority may amend, modify, increase or reduce any or all items of expenditure in the proposed budget. Said budget as fixed by the governing authority shall be the budget for the sheriff's office for the ensuing fiscal year, and all

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expenses connected with the sheriff's office shall be paid from county funds in accordance with said budgetary provisions. All purchases required by the sheriff's office shall be made in accordance with procedures prescribed for other purchases made by the county. Section 6. If in the judgment of the sheriff an emergency should arise by reason of which he would be unable to perform his duties without the expenditure of larger amounts than are provided in the current budget, he may apply to the county governing authority for appropriation of additional amounts. The county governing authority shall then act upon the request for additional funds within fifteen days from the submission of the request by making available to the sheriff such sums of money as will be needed to meet said emergency, which shall be determined by the governing authority, or by refusing to make any such funds available. Emergency funds. Section 7. For those fiscal years immediately following that year in which sheriffs are elected, it shall be the duty and responsibility of the sheriff-elect to submit the proposed budget as provided for hereinabove not later than December 1 after his election. It shall be the duty of the incumbent sheriff to make available to the sheriff-elect such information as may be in his possession and required of the sheriff-elect by the governing authority of the county, and in this respect, the sheriff shall cooperate fully in the preparation of the sheriff-elect's budget. Budget. Section 8. The governing authority shall not act arbitrarily or capriciously in regards to the budget proposed by the sheriff or sheriff-elect, or his request for additional funds, but shall act in good faith and for the best interests of the county in all respects thereto. Intent. Section 9. The sheriff shall have the exclusive authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall also recommend to the governing authority the respective compensation to be received by such personnel. However,

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all appointments by the sheriff shall be subject to confirmation by the governing authority of Toombs County. Upon the request of the governing authority, the sheriff shall assign one of his deputies to that body for the purpose of checking licenses and tax stamps issued by the county and to perform such other duties as the governing authority of Toombs County shall require. Deputies, etc. Section 10. All fees, fines, forfeitures, costs, commissions, emoluments and perquisites of whatever nature provided by law for services rendered by the sheriff shall be charged and collected by said officer and shall be held by him as county funds. On or before the 15th day of each month, the sheriff shall pay over to the fiscal authority of Toombs County all funds, including delinquent taxes, which have been collected by him for the county during the immediately preceding calendar month. The sheriff shall keep such books and records as shall be prescribed by the governing authority. All such records shall be open to the inspection of the public, the governing authority of said county and their auditors at all times during the hours for which said office is open for business. Fees. Section 11. The provisions of this Act shall become effective January 1, 1965. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May 1964 Special Session of the General Assembly of Georgia a bill to take the Sheriff of Toombs County from under a fee system and to provide for an annual salary and to include administrative and operation expenses of said office and for other purposes. This the 15th day of April, 1964. Ross P. Bowen, Representative Toombs County.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ross P. Bowen, who, on oath, deposes and says that he is Representative from Toombs County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress, which is the official organ of said county, on the following dates: April 16, 23 30, 1964. /s/ Ross P. Bowen, Representative, Toombs County. Sworn to and subscribed before me, this 4 day of May, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved June 30, 1964. CITY OF SCREVENCORPORATE LIMITS. No. 29 (House Bill No. 6). An Act to amend an Act entitled An Act to repeal the present charter of the Town of Screven (Ga. L. 1907, pp. 919, et seq.), as amended in Georgia Laws of 1912, page 1272; to reincorporate the said Town of Screven as a city and change the name thereof to the `City of Screven'; to create a new charter for the City of Screven; to declare the rights, powers and privileges of the municipality, and of its officers; to define the corporate limits thereof; and for other purposes., approved March 9, 1959 (Ga. L. 1959, p. 2203), as amended by an Act approved March 5, 1962 (Ga. L. 1962, p. 2875), so as to extend the corporate limits of the City of Screven one-quarter of one

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mile in each direction; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to repeal the present charter of the Town of Screven (Ga. L. 1907, pp. 919, et seq.), as amended in Georgia Laws of 1912, page 1272; to reincorporate the said Town of Screven as a city and change the name thereof to the `City of Screven'; to create a new charter for the City of Screven; to declare the rights, powers and privileges of the municipality, and of its officers; to define the corporate limits thereof; and for other purposes., approved March 9, 1959 (Ga. L. 1959, p. 2203), as amended by an Act approved March 5, 1962 (Ga. L. 1962, p. 2875), is hereby amended by striking from section 3 thereof the words and symbol one-half () and inserting in lieu thereof the words and symbol three-quarters ([UNK]) of one, so that when so amended section 3 shall read as follows: Section 3. Be it further enacted that the corporate limits of the City of Screven shall be as hereinafter defined, to wit: The corporate limits of the City of Screven shall extend three-quarters ([UNK]) of one mile in every direction from a certain point located in the northern corner of the intersection of the Atlantic Coast Line Railroad right of way and that certain public road known as the Broadhurst Road. Section 2. This Act shall become effective on January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Screven intends to apply for the passage of local legislation at the 1964 special session of the General Assembly of Georgia, convening in May, 1964, to amend the charter of the City of

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Screven so as to extend the corporate limits of the City of Screven one-quarter mile in each direction; to provide that said Act shall become effective January 1, 1965; and for other purposes. This 13th day of April, 1964. City of Screven J. L. Sharpe, Mayor J. L. Johnson, Jr., Councilman Alberta Royal, Councilman H. B. Davis, Councilman Harry Mullis, Councilman Buster Sharpe, Councilman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James E. Warren, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wayne County Press, which is the official organ of said county, on the following dates: April 16, 23 30, 1964. /s/ James E. Warren, Representative, Wayne County. Sworn to and subscribed before me, this 6 day of May, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved June 30, 1964.

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VILLAGE OF NORTH ATLANTACHARTER ABOLISHED. No. 30 (House Bill No. 8). An Act to abolish the Village of North Atlanta; to withdraw the certificate and charter of incorporation granted to the Village of North Atlanta filed in the office of the Clerk of Superior Court of DeKalb County on January 12, 1924; to declare the territory described in said certificate of incorporation and the petition therefor to be a part of the unincorporated area of DeKalb County; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That the Village of North Atlanta be, and the same is hereby abolished and the certificate and charter of incorporation granted by the Honorable John B. Hutcheson, Judge, Superior Court of DeKalb County, Georgia, filed in the office of the clerk of superior court of DeKalb County, Georgia, on January 12, 1924, be, and the same is hereby, withdrawn, cancelled and declared to be null and void. Section 2. That all the territory described as comprising the area of North Atlanta in the said petition for incorporation for the Village under the name and style of North Atlanta and certificate and order granted thereon as recorded in charter book 2, page 43, and superior court minute book 31, page 264, office of the clerk of superior court of DeKalb County, Georgia, be, and the same is hereby, declared to be in the unincorporated area of DeKalb County, Georgia. Section 3. This Bill is enacted as the result of the referendum held in accordance with the provisions for referendum set forth in the Act approved April 12, 1963, (Ga. L. 1963, p. 3457, et seq.). The canvassed returns of the results of that election as reported to the Secretary of State reflecting that 508 votes were cast for the first alternative

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set forth in said Act for the approval of the granting of a legislative charter, 55 votes were cast for the second alternative in said Act for the retention of the existing charter, and 842 votes were cast for the third alternative against the approval of the granting of a legislative charter and for the surrender of the present charter. Section 4. In the event any section, part, paragraph or clause of this Act be declared to be illegal or unconstitutional by a court of competent jurisdiction, such ruling shall not affect the remaining portions of said Act not so declared to be invalid or unconstitutional and the remaining portions of this Act shall remain in full force and effect. Severability. Section 5. This Act shall become effective on February 2, 1965, upon the expiration of the term of the present elected officials of the Village of North Atlanta unless all of such elected officials resign prior thereto, in which event this Act shall become effective upon the resignation of all present elected officials of the Village of North Atlanta. Effective date. Section 6. All laws and parts of laws in conflict with this Act including an Act approved March 26, 1964 (Ga. L. 1964, p. [3237]) are hereby repealed. 1964 Act repealed. Section 7. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which Sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit of the published to the effect that said notice has been published as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May, 1964, Extraordinary Session of the General Assembly of Georgia a bill to abolish the Village of North

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Atlanta and withdraw its charter, and for other purposes. James A. Mackay, J. Robin Harris, Representatives, DeKalb County. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Notice to Introduce Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being April 16, 23 and 30, 1964. /s/ Britt Fayssoux. Sworn to and subscribed before me, this 4 day of May, 1964. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 5, 1967. (Seal). Approved June 30, 1964. DEKALB COUNTYSALARIES OF NAMED OFFICIALS. No. 31 (House Bill No. 9). An Act to amend an Act aproved March 6, 1956, (Ga. L. 1956, p. 2915, et. seq.) fixing, prescribing and establishing compensation and/or salaries of the elected county

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officials of and in the County of DeKalb, including the ordinary, clerk of superior court, the sheriff and tax commissioner, adjusting the salaries provided in said Act; as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2673), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3484); so as to adjust the salaries provided in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act to amend an Act approved March 6, 1956, (Ga. L. 1956, p. 2915, et. seq.) fixing, prescribing and establishing compensation and/or salaries of the elected county officials of and in the County of DeKalb, including the ordinary, clerk of superior court, the sheriff and tax commissioner, as amended by an Act approved March 17, 1958, (Ga. L. 1958, p. 2673), as amended by an Act approved April 5, 1961, (Ga. L. 1961, p. 3484); adjusting the salaries provided in said Act, be, and the same is hereby, amended by deleting section 3 of said Act, as amended, in its entirety and inserting in lieu thereof the following: Section 3. The salaries and/or compensation of the elective county officers, as named hereafter, shall be as follows: Ordinary $12,000.00 per year Clerk of the Superior Court, whether he be ex officio clerk of other courts or not $12,000.00 per year Salaries. Sheriff $12,000.00 per year Tax Commissioner $12,000.00 per year Provided, nevertheless, that said salaries of the various officials herein fixed shall be paid in equal monthly installments and shall be their sole compensation, and all fees and

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commissions accruing after the effective date of this Act are hereby abolished so far as the same constitute the compensation of said officers, but the same schedule of fees, commissions and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of said county. Provided, further, that the salary of any person who has held any of the above offices (Ordinary, Clerk of Superior Court, Sheriff or Tax Commissioner) in said counties for a period of not less than ten (10) years nor more than twenty (20) years shall be increased by the further sum of $1,200.00 per year, making a total salary of $13,200.00 per year for such officers. Provided, further, that the salary of any person who has held any of the above offices (Ordinary, Clerk of Superior Court, Sheriff or Tax Commissioner) in said counties for a period in excess of twenty (20) years shall be increased by the further sum of $2,400.00 per year, making a total salary of $14,400.00 per year for such officers. Provided, further, that should any of the above named county officers receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than the counties in which they hold office under and by virtue of his county office, the compensation to be paid such county officer under this Act shall be reduced by the sum of any fees or compensation received and retained by him so that the salaries herein fixed shall be the sole compensation received by the above named county officers by virtue of their office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision thereof. Section 2. That the salaries established herein shall be effective as of January 1, 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May, 1964, Extraordinary Session of the General Assembly of Georgia a Bill to amend the Act fixing the salaries of the sheriff, ordinary, tax commissioner and clerk of the superior court of DeKalb County, Georgia, and for other purposes. James A. Mackay, J. Robin Harris, Representatives, DeKalb County. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is General Manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Notice to Introduce Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being April 16, 23 and 30, 1964. /s/ Britt Fayssoux. Sworn to and subscribed before me, this 4 day of May, 1964. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 5, 1967. (Seal). Approved June 30, 1964.

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CITY OF SCREVENMAYOR AND COUNCILMEN. No. 32 (House Bill No. 11). An Act to amend an Act repealing the charter of the Town of Screven and reincorporating said town as a city and changing the name thereof to the City of Screven, approved March 9, 1959 (Ga. L. 1959, p. 2203), as amended by an Act approved March 5, 1962 (Ga. L. 1962, p. 2875), so as to change the terms of office of the mayor and councilmen; to provide for the present mayor and councilmen to hold office until the expiration of the regular terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing the charter of the town of Screven and reincorporating said town as a city and changing the name thereof to the City of Screven, approved March 9, 1959 (Ga. L. 1959, p. 2203), as amended by an Act approved March 5, 1962 (Ga. L. 1962, p. 2875), is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The municipal government of the City of Screven shall be vested in a mayor and five councilmen, each of whom shall be elected by the qualified and registered voters of said city and shall hold office for a term of two years and until their successors are elected and qualified. The first election to be held for the election of said mayor and five councilmen shall be held on the first Wednesday in December, 1964. The terms of office of the mayor and five councilmen elected on the first Wednesday in December, 1964 shall begin on the first Monday following such election and shall expire on the first Monday of January, 1967. The next election for said mayor and five councilmen shall be held on the first Wednesday in December, 1966 and those elected in said election shall take office on the first Monday in January, 1967 for a term of two years and until their successors are elected and qualified. Thereafter, an election for mayor and five councilmen shall be held on the first Wednesday in December of each even-numbered year and the terms of office shall begin on the first Monday in January of each odd-numbered year.

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Section 2. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof, a new section 5 to read as follows: Section 5. The mayor and five councilmen shall take office by taking an oath to faithfully perform the duties of their offices before any officer of this State authorized to administer oaths. Oath. Section 3. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof, a new section 6 to read as follows: Section 6. The present mayor and councilmen of the City of Screven shall continue to hold office until the expiration of their regular terms on the first Monday following the first Wednesday in December, 1964. Present terms. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. May 4, 1964 The following legal notice was run in the official organ of Wayne County, The Wayne County Press, on April 9, 16, 23, 1964. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Special Session of the General Assembly of Georgia a Bill to change the procedures of electing the city officials of the City of Screven, Georgia. To provide the procedures therewith; to repeal conflicting laws; and for other purposes. This 6th day of April, 1964. James E. Warren Representative Wayne County /s/ Elliot E. Brack, Editor Wayne County Press.
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/s/ Elizabeth C. Martin, Notary Public. (Seal). Approved June 30, 1964. CITY OF SYLVESTERNEW CHARTERREFERENDUM. No. 33 (House Bill No. 17). An Act to amend, consolidate and supersede the several acts of the General Assembly of the State of Georgia, pertaining to the City of Sylvester in the County of Worth, and to provide a new charter therefor; to provide for the government of said city; to provide for the mayor and council of the city, and for the officers and employees thereof, their selection, oath, bond, duties, powers and compensation; to provide voting registration regulations and to provide for elections; to provide for a recorder's court and the jurisdiction, powers, and duties of the recorder; to provide for public works and local improvements, and assessments therefor; to provide for taxes, fees and charges imposed by the city and the collection thereof; to prescribe the powers, duties, responsibilities and liabilities of the city and the officers, employees, boards and departments thereof; to repeal certain acts of the General Assembly; and for other purposes. Be it enacted by the General Assembly of Georgia: Art. I. In General, Sections 1-11-6 Art. II. Mayor and Council, Sections 2-12-14 Art. III. City Officers and Employees, Sections 3-13-17 Art. IV. Board of Tax Assessors, Sections 4-14-4

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Art. V. Elections, Sections 5-15-25 Art. VI. Corporate Powers, Sections 6-16-36 Art. VII. Recorder's Court, Sections 7-17-19 Art. VIII. Police Department, Sections 8-18-8 Art. IX. Fire Department, Section 9-19-4 Art. X. Directory and Transitory Provisions, Sections 10-110-7 ARTICLE I. IN GENERAL. Sec. 1-1. Incorporation; name, style and designation. The inhabitants of the territory in the County of Worth, hereinafter described, shall be and are hereby incorporated as a city under the name, style and designation of the City of Sylvester, hereinafter also referred to as the city. Sec. 1-2. City constituted body corporate and politic. The city shall be and constitute a body corporate and politic, with power to govern themselves by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provions of this charter, not in conflict with the Constitution or laws of this State or the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all courts, and to have and use a common seal and to do all other things necessary to promote the municipal corporate purposes of said city. Sec. 1-3. Municipal government of city designated. The municipal government of said city shall consist of a mayor and four (4) members of council, elected from the city at large, and such other officers, servants, and agents in addition to those hereinafter enumerated as said mayor and council may from time to time lawfully employ or elect. Sec. 1-4. Liability for non-performance, defective performance. Officers of the corporation shall not be liable for

Page 2118

failure to perform, or for errors in performing, their legislative or judicial powers. For neglect to perform, or for improper or unskillful performance of their ministerial duties, they shall be liable. Sec. 1-5. Interest in contracts, purchases, sales prohibited. Neither the mayor, nor any member of the council, nor any city officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible. Sec. 1-6. Corporate boundaries designated. The corporate limits of the City of Sylvester shall include all of the area encompassed in section 2 of Act No. 330, Georgia Laws 1919, page 1317, together with the areas annexed to said city by the following Acts, to wit: Act No. 34, Georgia Laws 1921, page 1091; Act No. 317, Georgia Laws 1922, page 979; Act No. 65, Georgia Laws 1923, page 785; Act No. 346, Georgia Laws 1939, page 1331; Act No. 187, Georgia Laws 1951, page 2579; Act No. 658, Georgia Laws 1952, page 4215; Act No. 38, Georgia Laws 1957, page 2116; Act No. 268, Georgia Laws 1963, page 2907; and Act No. 359, Georgia Laws 1963, page 3185; and together with any areas heretofore annexed by ordinance of the city, particularly Ordinance No. 767, approved December 20, 1946; Ordinance No. 778, approved June 3, 1949; and Ordinance No. 814, approved October 19, 1956. ARTICLE II. MAYOR AND COUNCIL. Sec. 2-1. Mayor and council constituted supreme governing body. The mayor and council of said city shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. Sec. 2-2. Mayor, council constituted legislative department of city. The members of council, together with the mayor, shall constitute the legislative department of the government, and as such it shall be their duty to exercise

Page 2119

a watchful care over all the city's interests, and more especially to initiate and propose such municipal legislation as may to them seem proper and needful. Sec. 2-3. Qualifications for office. Any person who has attained the age of twenty-one (21) years, is a qualified voter and a freeholder in the City of Sylvester shall be eligible to run for the office of mayor or councilman in the city. Sec. 2-4. Election of mayor and council to be in December; terms of office. Election for the mayor and members of council shall be by a vote of the people and shall be held under the election regulations hereinafter prescribed on the first Wednesday in December. Their terms of office shall begin on the first Monday in January next ensuing and shall continue for four (4) years and until their successors are elected and qualified. Sec. 2-5. Membership to rotate; applicability to present mayor and council. Elections held hereunder shall be on the first Wednesday in December, 1964, for (2) members of council, and on the first Wednesday in December, 1966, for the mayor and two (2) members of council, and so on in each even-numbered year, thus securing a rotation in office, so that the full membership of said body may not be completely changed at one election; provided, that nothing herein contained shall operate to prevent the present mayor and council from continuing in their offices for their respective terms and until their successors are elected and qualified hereunder; provided, further, that the terms of the mayor and the two (2) councilmen whose offices would be filled at the election in December, 1965, shall be extended for one (1) year so that election therefor shall be in December, 1966. Sec. 2-6. Oath of office. The mayor and council shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or member of council) of the

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City of Sylvester during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said city; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof, so help me God. Sec. 2-7. Vacancy in office of mayor. In the event the office of the mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem shall act as mayor during the balance of said term, and exercise all the rights and powers of the mayor during said term; provided, that at the time of such vacancy, there shall be not more than six (6) months before the expiration of said mayor's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Sec. 2-8. Vacancy in council. A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy there shall be not more than six (6) months before the expiration of said councilman's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Sec. 2-9. Function, authority of mayor; right to vote regulated. The mayor shall be the presiding officer of council, shall be entitled to vote on any question before said body, but shall only exercise such privilege in case of a tie, except in the elections provided for in sections 1-3, 2-11, 3-6, 3-8, 6-17 and 6-18, and in case of impeachment as provided

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for in section 2-14 of this act. In addition, the mayor shall be the supreme executive officer of the city government and shall see to it that all laws, ordinances and resolutions are properly executed, that all officers of the city properly perform their duties, and shall in all things exercise a general supervision of the city's affairs, making such recommendations to the council from time to time as may to him seem proper for the public good. Sec. 2-10. Veto of ordinances, resolutions; overriding veto. Every ordinance and resolution passed by the council shall be subject to veto by the mayor in the following manner: The mayor shall within three (3) days write out his objections to such ordinance or resolution, and the council, at the next regular meeting at which a quorum shall be present, shall order said objections entered on the minutes and vote on the question whether said ordinance or resolution shall be adopted over said veto. Should three-fourths ([UNK]) of the council vote in the affirmative, said ordinance or resolution shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all such cases be entered on the minutes. Sec. 2-11. Selection, function, authority of mayor pro tem; absence of mayor and mayor pro tem. The mayor and council shall, at the first meeting in January in each year elect one (1) of the members of council as mayor pro tem., who shall, in case of the absence or disability of the mayor from any cause, or in case of a vacancy in said office, be clothed with all the powers and fulfill all the duties of the same and shall receive such compensation as the mayor and council may by ordinance prescribe. In case of the absence or disqualification of both mayor and mayor pro tem., the remaining members of council shall choose one of their members to act for such time as may be necessary. Sec. 2-12. Salary of mayor. The salary of the mayor shall be prescribed by ordinance enacted by mayor and council from timeto time; provided however, that such salary shall not exceed one hundred dollars ($100.00) per month, payable monthly; provided further, that such salary of the mayor shall not be increased or diminished during the term of office for which he was elected and is serving.

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Sec. 2-13. Salaries of councilmen. The compensation of the members of council may be prescribed by ordinance enacted by mayor and council from time to time and shall not be increased or diminished during their term of office; provided, however, that the salary of a councilman shall not exceed the sum of fifty dollars ($50.00) per month. Sec. 2-14. Impeachment of mayor, councilman; vote required. The mayor or any councilman, upon impeachment and trial for and conviction of malpractice in office, of any wilful neglect or of any abuse of the powers and duties of same by a three-fourths vote of the four (4) members entitled to vote, the mayor voting except in case of his own impeachment, shall be dismissed from office. Reasonable notice and a fair hearing shall be given the accused. ARTICLE III. CITY OFFICERS AND EMPLOYEES. Sec. 3-1. Designation, term generally. The following municipal officers of said city shall be elected by the mayor and council and shall hold their office for a term of one (1) year and until their successors are elected and qualified, to wit: An attorney, a treasurer, a clerk of council, and such other officers, heads of departments and their assistants as are deemed necessary and appropriate. Elections hereunder for said officers shall be held at the first meeting in January each year. Sec. 3-2. Qualifications for appointive office. Any person who has attained the age of twenty-one (21) years and is a qualified voter in the City of Sylvester shall be eligible to any appointive office; provided however, that the mayor and council shall have the authority to waive any of the foregoing requirements when they deem it to be in the best interests of the city to do so. Sec. 3-3. Oath of office, bond. All officers and employees of said city shall be required to take such oath to properly perform their duties, and to give such bond, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public for any loss or damage

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by reason of their default, misfeasance, malfeasance, nonfeasance or negligence, as the mayor and council may by ordinance prescribe. Sec. 3-4. Compensation. Each of the officers of the city shall receive such compensation as the mayor and council may by ordinance prescribe. Sec. 3-5. Duties. In addition to the duties herein prescribed, each of the officers of the city shall perform such other duties as may be provided by the mayor and council by ordinance. Sec. 3-6. Vacancy in office. In the event of a vacancy occurring in any of the offices hereinbefore in this article enumerated, an election to fill the unexpired term shall be held by the mayor and council within fifteen (15) days thereafter, or at such other time as the mayor and council shall designate. Sec. 3-7. Suspension by mayor. Each of the above named officers shall at all times be subject to suspension for cause, by the mayor, in his discretion, but such suspension shall be reported within five (5) days to the council for action on their part, under the provisions of this charter. Sec. 3-8. Suspension, fine, removal from office; authority of mayor and council. All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the council and amenable to its discipline, and said mayor and council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the mayor voting, for any cause that may seem just and proper, after a fair notice and opportunity to be heard. Sec. 3-9. Waterworks and electricityAppointment of superintendent, employees. The mayor and council shall at the first meeting in January elect one superintendent of waterworks and electricity, whose term of office shall be for one (1) year and until his successor is elected and qualified. His compensation shall be fixed by the mayor and council. In addition said mayor and council shall have power

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to employ such number of persons as may from time to time be found needful in the management and operation of said waterworks and electricity plant, but no such employment shall be for a period longer than one (1) year; and the compensation of such employees shall be fixed by the mayor and council. Said mayor and council shall have the power to inflict penalties by way of fine, suspension or discharge upon the said superintendent or other employees for any cause that may seem just and proper after a fair opportunity to be heard. Sec. 3-10. SameAuthority to require bond. The mayor and council may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent of waterworks and electricity, and of any or all of the employees appointed by said mayor and council for the management and operation of said waterworks and electricity plant, said bond or bonds to be conditioned for the faithful performance of their duties and the prompt delivery of all moneys belonging to the city, coming into their hands during their continuance in office, and said bond or bonds to be made payable to the City of Sylvester. Sec. 3-11. SameReports to be furnished. The superintendent of waterworks and electricity shall furnish reports to the mayor and council when required to do so. Sec. 3-12. Gas distributionAppointment of superintendent, employees. The mayor and council shall at the first meeting in January elect a superintendent of gas distribution, whose term of office shall be for one (1) year and until his successor is elected and qualified. His compensation shall be fixed by the mayor and council. In addition said mayor and council shall have power to employ such number of persons as may from time to time be found needful in the management and operation of the gas distribution system and related activities, but no such employment shall be for a period longer than one (1) year; and the compensation of such employees shall be fixed by the mayor and council. Said mayor and council shall have the power to inflict penalties by way of fine, suspension or discharge upon the said superintendent or other employees for any cause that may seem just and proper after a fair opportunity to be heard.

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Sec. 3-13. SameAuthority to require bond. The mayor and council may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent of gas distribution and of any or all of the employees appointed by said mayor and council for the management and operation of the gas distribution system and related activities, said bond or bonds to be conditioned for the faithful performance of their duties and the prompt delivery of all moneys belonging to the city, coming into their hands during their continuance in office, and said bond or bonds to be made payable to the City of Sylvester. Sec. 3-14. SameReports to be furnished. The superintendent of gas distribution shall furnish reports to the mayor and council when required to do so. Sec. 3-15. Streets and sanitationAppointment of superintendent, employees. The mayor and council shall at the first meeting in January elect a superintendent of streets and sanitation, whose term of office shall be for one (1) year and until his successor is elected and qualified. His compensation shall be fixed by the mayor and council. In addition said mayor and council shall have power to employ such number of persons as may from time to time be found needful in the management and regulation of the streets and sanitary system of the city and related activities, but no such employment shall be for a period longer than one (1) year; and the compensation of such employees shall be fixed by the mayor and council. Said mayor and council shall have the power to inflict penalties by way of fine, suspension, or discharge upon the said superintendent or other employees for any cause that may seem just and proper after a fair opportunity to be heard. Section 3-16. SameAuthority to require bond. The mayor and council may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent of streets and sanitation and of any or all of the employees appointed by said mayor and council for the management and regulation of the streets and sanitary system of the city and related activities, said bond or bonds to be conditioned for the faithful performance of their

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duties and the prompt delivery of all moneys belonging to the city, coming into their hands during their continuance in office, and said bond or bonds to be made payable to the City of Sylvester. Sec. 3-17. SameReports to be furnished. The superintendent of streets and sanitation shall furnish reports to the mayor and council when required to do so. ARTICLE IV. BOARD OF TAX ASSESSORS. Section. 4-1. Election, term. There shall be two (2) freeholders in the City of Sylvester elected as tax assessors at each biennial election in said City for terms of four (4) years each; their respective terms of office shall begin on January first next after their election, at which time they shall enter upon the discharge of their duties and shall serve until their successors are elected and qualified; provided however, that the term of the tax assessor whose office would be filled at the election in December 1965 shall be extended for one (1) year so that election therefor shall be in December 1966. The election of said tax assessors shall be at the same time, arranged by the same authorities, in the same manner, and the results shall be declared in the same way as that of the election of the mayor and councilmen of the City of Sylvester, and shall be a part of said election. Sec. 4-2. Compensation. For services rendered by them, the tax assessors shall be paid such compensation as shall be fixed and determined by ordinance or resolution of the mayor and council. Sec. 4-3. Duties of board of tax assessors. The four (4) tax assessors who have been duly elected and qualified shall constitute a board of tax assessors for the City of Sylvester, whose duty it shall be to review and consider the returns delivered to them by the tax receiver. It shall be their duty and they shall have the power to assess and to fix a just and equitable valuation on all property and other things returnable for taxation as above provided, and to enter the valuation made by them upon said return; they shall also

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fill out the blanks and enter returns of all property subject to taxation within the limits of said city that have not been returned and that may come to their knowledge, marking the same unreturned, and shall fix a valuation thereupon, it being their special duty to be diligent in their efforts to see that all property subject to taxation has been returned. The value placed on property by this board shall be final and the same shall be taxed accordingly unless appealed as may be provided by ordinance. Sec. 4-4. Appeals from decisions of the board of tax assessors. Appeals may be made from the final decisions of the board of tax assessors to the mayor and council of said city and said mayor and council are hereby authorized to provide the manner of appeal by proper ordinance. ARTICLE V. ELECTIONS. Sec. 5-1. Scope of provisions. All elections, both general and special, for whatever purpose, held in said city shall be conducted in accordance with the following regulations. Sec. 5-2. Qualifications for voters at city elections. All persons qualified to vote for members of the General Assembly in the County of Worth, who shall have paid all taxes legally imposed and demanded by the authorities of the city, except for the year in which the election occurs, and who shall have resided three (3) months within the jurisdictional limits of the City of Sylvester, and have registered as hereinafter provided, shall be qualified to vote at any city election. Sec. 5-3. Duty of registering officer. Upon application in person by such persons entitled to register who shall furnish the clerk of council evidence of their qualification, the clerk or other registering officer shall allow said person to enter upon the registration list their names and shall require such person in addition to entering his name, to enter his age, residence and occupation; said name shall be alphabetically arranged in the register. Sec. 5-4. Right of applicant to register. (a) Oath of applicant. The clerk of council, or other registering officer

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appointed by the mayor and council in the sickness or absence of the clerk, may in his discretion, require in any case an applicant for registration to take the following oath before him: I do solemnly swear that I am at least eighteen (18) years of age, and I am qualified by citizenship, residence and constitutional qualifications, to vote for members of the General Assembly of Georgia in the County of Worth, and that I will have resided in the City of Sylvester for not less than three (3) months at the time of the election. When applicants are so sworn, a minute of that fact shall be entered opposite their names on the list. (b) Appeal from denial of right. All persons shall have the right of appeal from the decision of such clerk, or other registering officer, refusing any person the right to register; which appeal shall be made by the aggrieved applicant within there (3) days from the date of the decision complained of; and each such appeal shall be determined by the board of registrars within five (5) days from the time of such appeal is filed with the clerk of council. Sec. 5-5. Registration of absent persons. Any qualified voter, who by reason of physical disability or prolonged absence from the city, is unable to apply in person for registration, may make an affidavit before some officer authorized by law to administer same, stating the age, occupation, residence and cause of disability of such applicant, and when the clerk or other registering officer shall receive such affidavit during the time in which the lists are open, it shall be his duty to enter the name of the applicant upon the register. Sec. 5-6. Penalty for false oath. Any person who shall falsely take the oath provided for in section 5-4 shall be guilty of false swearing and shall be punished as prescribed in section 26-4004, Georgia Code Annotated. Sec. 5-7. Time for opening, closing registration list. The clerk of council or in case of his sickness or absence, any

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officer of the city duly appointed by the mayor and council for that purpose, shall open at the clerk's office, or at such other place as may be designated by the mayor and council, notice of such change being given by newspaper publication, twenty (20) days prior to each election, a list for the registration of voters, which list shall be kept open from 9:00 a.m. until 5:00 p.m. each and every day, Sunday excepted, for a space of fifteen (15) days, when it shall be finally and absolutely closed at 5:00 p.m. on the fifteenth day. Sec. 5-8. Board of registrars; designation, term, compensation. At the first regular meeting of the mayor and council following a regular municipal election, the mayor and council shall designate the city clerk and the newly elected councilmen, to act as a board of registrars. If such designation is not made at said meeting, the same may be accomplished at a subsequent meeting. Said registrars shall be sworn faithfully and impartially to perform the duties of their office as registrars and shall hold over in each case until their successors are designated. Said registrars shall receive on additional compensation for performance of the duties pertaining to said office. Sec. 5-9. Purge of registration lists. (a) Duties, authority of board of registrars. In addition to deciding appeals by persons denied the right to register, the city clerk and the two councilmen designated as the board of registrars shall have the duty and authority to purge the registration list, immediately prior to each election, of all persons illegally registered thereon, and also to purge from such lists prepared by said clerk the names of any and all persons who are not qualified as voters in said city; provided however, that no registered person who is still a resident of said city shall be purged and stricken from the registration list without having been given at least one day's notice to show cause why his or her name should not be stricken and removed from the list of voters. Said board of registrars, or a majority of them, shall have the power to hear evidence and to determine the qualifications or disqualifications of all voters. (b) Delivery, certification of purged list. When a list of registered voters is prepared and purged before each election

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the board of registrars, or the majority of them, shall make up and deliver to the clerk of council, prior to the opening of the polls, the purged list of registered voters, arranged alphabetically, with the ages, occupations and residences of the voters named therein. The clerk of council shall also certify this list, as clerk, and the same shall constitute the only official list of registered voters, and the managers shall return the same to the clerk of council after the election, for safekeeping by him. Sec. 5-10. Revision of lists to exclude disqualified persons. In order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as now or may be hereafter provided for by State law, and in addition thereto, the board of registrars is hereby empowered and directed to prepare a list of all those who are disqualified to vote by reason of the non-payment of city taxes since the adoption of the present Constitution of the State, and shall also provide for a revision of said list from year to year. The registering officer shall refuse to register any person whose name appears on either of these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. Sec. 5-11. Registration to be permanent unless voter becomes disqualified. All persons who may register as herein provided and otherwise qualified to vote in the City of Sylvester shall remain permanently registered and shall be entitled to vote at all elections held by the City of Sylvester or its authorities so long as he may continue to be a qualified voter in said city, provided he does not become disqualified to vote for members of the General Assembly or does not pay the taxes required of him by the city, in either of which events said elector's name shall be stricken from the list of qualified voters by the board of registrars, which is hereby authorized to purge said list immediately prior to each election. Sec. 5-12. List of registered voters to be kept as permanent list. The list of registered voters, prepared and purged as herein provided, shall be kept and retained on file in the

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office of the clerk of the mayor and council of the city as a permanent registration list, until the same has been superseded by a new list, also prepared and purged as aforesaid, at which time the superseded list may be destroyed. Sec. 5-13. Use of registration lists. The clerk or registering officer shall furnish the managers of the election, prior to the opening of the polls, a certified copy of the city registration list arranged alphabetically, with the ages, occupations and residences of the voters named therein. This shall be the only official registration list and shall be returned to the clerk of council after the election and by him safely kept and preserved. Sec. 5-14. Election managers, clerks; appointment, oath. The mayor and council shall appoint prior to each election, a board of three (3) managers, each of whom shall be a qualified voter in the city, and who shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer the same, the following oath: All and each of us do swear that we will faithfully manage this day's election; that we are qualified voters in said city, that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so according to the laws of the city, nor knowingly prohibit anyone from voting who is so entitled by law; and will not divulge how any vote was cast, unless called on under law to do so, so help us God. Said managers shall appoint as many clerks as may be necessary, who shall also take the oath required of the managers insofar as it might affect said clerks. Sec. 5-15. Place of election. All elections shall be held at the county courthouse and at such other places in the city as may be prescribed. Sec. 5-16. Hours for polls to remain open. The polls shall be open from 7:00 a.m. to 7:00 p.m., standard time.

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Sec. 5-17. Manner of voting. (a) Secrecy of ballot. A vote shall be given by ballot and secretly, no one but the election managers being allowed to be present with the voter, except that in case of a challenge, the person challenging, may be present but shall immediately withdraw after the decision of the managers is made. (b) Aid in casting ballot. In case a voter is unable because of illiteracy or physical disability to prepare his ballot, one of the managers may, at the voter's request and in the presence of the other two (2) election managers, or one of said managers and one clerk, prepare such voter's ballot for him. Sec. 5-18. Lists of voters, tally sheets to be kept by clerks. There shall be kept by the clerks appointed by the managers as hereinbefore prescribed, three (3) lists of the names of the voters, which names shall be numbered in the order of their voting, and also three (3) tally sheets. Sec. 5-19. Ballot to be marked with voter's number. As each ballot is received the number of the voter on the list shall be marked on his ballot before said ballot is deposited in the ballot box. Sec. 5-20. Challenge of voter. When any voter is challenged, that fact shall be so written opposite his name on the lists and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and resided in the State for one (1) year, in the County of Worth six (6) months, and in the City of Sylvester three (3) months next preceding the election; that I have paid all the taxes which, since the adoption of the present Constitution of this State, have been required of me, and which I have had opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted before at this election, so help me God.

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Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Sec. 5-21. Police to preserve peace and order at polls. To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity of casting his ballot, or so the secrecy of the same may be maintained, it shall be the duty of the proper municipal authorities to furnish a sufficient number of police to secure that end. Sec. 5-22. Determining election results. (a) Counting votes. The managers shall not begin to count the votes until the polls are closed. (b) Certification of results. When the votes are all counted, a certificate shall be signed by all the managers, said certificate stating the number of votes each person or question, as the case may be, voted for, or upon, received, and each list of voters and each tally sheet must likewise have affixed thereon the signatures of the managers. (c) Delivery of certificate, tally sheet. The oath of the managers, together with their certificate and one (1) tally sheet and list of voters, shall be securely sealed in an envelope until the names of the managers are enclosed therein, and delivered to the clerk of council, who shall keep same safely and present it at the next meeting of the mayor and council. Sec. 5-23. Sealing ballot boxes; destruction of ballots, tally sheets, voter's lists. One (1) tally sheet, one (1) list of voters and all of the ballots shall be sealed up in the ballot box, and the names of the managers written across the seal, which said box and its contents shall be delivered to the clerk of the city council and by him safely kept until called for by lawful authority; and the remaining tally sheet and list of voters shall be retained by the managers and by them likewise safely kept until called for by lawful authority; provided, that if the same is not called for by lawful authority within sixty (60) days after the election, the clerk shall procure the tally sheet, and list of voters retained by the managers, and shall destroy them, together

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with the tally sheet, list of voters and ballots returned to him in the ballot box, retaining only the papers returned under Section 5-22(c), the same to be filed away and safely kept. Sec. 5-24. Declaration of election results. The mayor and council, or so many of them as are not disqualified by being a candidate for election shall, at their first meeting after the election, receive said returns from the clerk of council, and declare the result of the election in accordance with the certificate of the managers, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be; said certificate of the managers, together with the resolution of the council declaring the results of the election, shall be entered on the minutes of the council; provided, however, that any two (2) councilmen or one (1) councilman and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified. Sec. 5-25. Penalty for illegal voting. Any person voting illegally at any election herein provided for shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 69-9901, Georgia Code Annotated. ARTICLE VI. CORPORATE POWERS. Sec. 6-1. Adoption of ordinances, resolutions, generally. (a) Two readings required. All ordinances, before they shall pass, shall be read twice, and each reading had at separate meetings, regular or special, on separate days, and the first reading shall be at a regular meeting of the mayor and council; provided, that both readings of said ordinances may be had at the first meeting, upon unanimous consent of the mayor and council to that effect; provided further, that ordinances or resolutions appropriating or involving expenditure of money for purposes other than ordinary current expenses, shall be read twice as above provided, and the rule shall not be suspended. (b) Signature, countersignature required. All ordinances and resolutions shall be signed by the mayor or the officer

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presiding at the time of their passage and countersigned by the clerk of council. (c) Content, record of ordinances; existing ordinances preserved. All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the clerk of council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided, however, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that nothing contained in this and previous paragraphs shall affect in any manner any existing valid ordinances of said city, not in conflict herewith. Sec. 6-2. Ordinances, resolutions for general welfare; limit upon penalty; erection, maintenance of places of confinement. The mayor and council of said city shall have the power to pass any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said city, and to prescribe punishment for the violation of the same, in a fine not exceeding two hundred and fifty dollars ($250.00), or imprisonment in the guard house, city prison, or other place provided, or by compulsory labor on the streets or other public works, not to exceed ninety (90) days and either one or more of said punishments may be prescribed, or the several punishments may be made cumulative or the fine may be imposed with an alternative of said imprisonment or compulsory labor, and the fine may be coerced by such imprisonment or labor. Said mayor and council shall have the power to erect and maintain suitable guard houses, city prisons or work

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houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. Sec. 6-3. Code of ordinances, resolutions, rules; adoption, modification, repeal. The mayor and council shall have the power and authority to adopt, maintain and declare of force a code of the ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that in adopting a code it shall not be necessary to read the same twice, or record same, nor the ordinances, resolutions and rules therein, as in this charter in section 6-1 provided, for the passage and adoption of ordinances and resolutions, and said section 6-1 shall not apply to said code; provided further, that only the ordinance adopting a code shall be passed in accordance with said section 6-1; provided, further, that nothing in this section contained shall render said section inoperative relative to ordinances and resolutions adopted or amending said code. Sec. 6-4. Rules for conduct of business. The mayor and council shall have the power to establish parliamentary rules for the conduct of their business. Sec. 6-5. Execution, attachment for contempt. Said mayor and council shall have power to punish by execution and attachment for contempts, in a penalty not to exceed one hundred and fifty dollars ($150.00) or confinement in the guard house for sixty (60) days, either or both in their discretion, or to coerce the payment of fines for contempt by imprisonment, and in this connection to pass all ordinances deemed proper in the premises. Sec. 6-6. Corporate powers enumerated generally. The mayor and council of the City of Sylvester shall have the following powers, in addition to the other powers herein granted:

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(a) Nuisances. To try all nuisances within the city and abate the same; to define what shall constitute a nuisance; to cause any nuisance likely to endanger the health of the city or any neighborhood to be abated in a summary manner; to charge the expense for abating such nuisance against the person causing the same, or the owner of the premises, according to whether one or the other is liable, and to enforce the collection of said expenses by execution issued in the same manner as execution for city taxes. (b) Establishments handling animal or vegetable matter, etc. To regulate butcher pens, butcher shops, tan yards, livery stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter is kept, or in which noxious odors may become dangerous and injurious to the health of the public or any part thereof; to license same only in such localities as may be least offensive to the public, and to revoke the license for same when they prove dangerous and injurious to health aforesaid. (c) Fire protection. In order to guard against danger or damage by fire, said mayor and council shall have the power to regulate and control blacksmith shops, forges, stoves and chimneys, and to cause same to be removed or remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors, exits and steps in places of public gatherings and to require the erection of fire escapes in all buildings other than private residences, three or more stories in height. (d) Hotels and public houses. To regulate and control all hotels and public houses within the city, and to revoke the license of same in case they should become disorderly. (e) Animals at large. To take up and impound dogs, horses, mules, cattle, hogs, chickens, geese and any other animals running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. (f) Draining, filling lots. To require owners of lots to drain same, to fill up excavations or depressions, and upon

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failure to do so after reasonable notice, to have the same done at the owner's expense and enforce collection of same by execution against the property, which execution shall be issued and enforced in the same manner, and with the same privilege, as to contest, to the defendant as is provided in case of sidewalk and street paving executions. (g) Vehicles for hire. To regulate all vehicles of every kind and character, used in the city for profit, in the transportation of passengers, freight or both, to provide for the regular inspection of same, and to fix the rates and fares of carriage thereon. (h) Sewers, water mains. To construct or extend sewers and water mains in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated; to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof; provided, that to an execution issued under this paragraph the defendant shall have the right to file an affidavit, denying that the whole or any part of the amount for which execution issued is due, stating what amount he admits to be due, which amount shall be paid or collected before the affidavit is received; and the affidavit shall be received for the balance, and all such affidavits so received shall be returned to the Superior Court of Worth County and there tried and determined as in case of illegality, subject to all the plans and penalties provided for in cases of illegality for delay. (i) Machinery, smoke, noise. To regulate all machinery, including stationary and locomotive engines within the city, and to make all such needful rules and regulations for the same as will guard the citizens or any portion thereof against annoyance by unnecessary volumes of smoke and disagreeable, unnecessary noise. (j) Markets, marketing. To establish one or more markets, regulate the same and fix the hours of sale therein;

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and to pass all ordinances, rules and regulations necessary and proper to control marketing within the city. (k) Utilities systems. To own, use and operate for municipal purposes and for profit, a system of water works, electricity and gas, to make rules and regulations regarding the use of the same by the public, and to provide by ordinance for the punishment of those illegally using said water, electricity or gas, and who illegally divert same from their proper channels of transmission. (l) Building inspection. To provide for the inspection of all buildings for the purpose of having same meet with all requirements relative to the material used and the safety and strength of the same, as the mayor and council may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person or damage to property. (m) Public works camps. To organize one or more public works camps and to put to compulsory labor thereon and to confine therein persons who have been sentenced by the recorder of the City of Sylvester or other duly authorized person acting as recorder of said City of Sylvester, to work upon the public works and streets of said City of Sylvester, to make rules and regulations that may be suitable for the care and control of said public works camps and to enforce the same through its proper officers. Sec. 6-7. Acquisition, retention, disposal of property. Said corporation shall be able in law to purchase, hold and receive, enjoy, possess, retain, manage and dispose of, for the use and benefit of said City of Sylvester, any interest in any real and personal property of whatsoever kind or description within or without the corporate limits of said city, to hold all property and effects now belonging to said city either in its name or in the name of others, for its use, for the purpose and intent for which the same were granted or dedicated, in like manner to use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property hereafter acquired; and all transfers and conveyances of real or personal property heretofore made by said city are hereby confirmed, ratified and declared

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legal, and said City of Sylvester shall succeed to all rights and liabilities of the old corporation. Sec. 6-8. Sale, transfer, other disposition of utility system, plant or part thereof. In the event said corporation desires to sell, transfer or otherwise dispose of any utility system now or hereafter owned by the city, or any part thereof, the governing body of the city shall first hold a special election of the freeholders in the city to approve such sale, transfer or other disposition, and when such special election has been held and two-thirds of the qualified electors voting therein shall have voted in favor of such sale, transfer or other disposition, and the election managers shall have duly certified the results of such election to the governing body and the same shall have been adopted and entered in the minutes thereof, the aforesaid governing body shall at that time be authorized and empowered to effect and accomplish such sale, transfer or other disposition; provided, however, that as a prerequisite to said special election, and prior thereto, the city shall provide for a special registration of freeholders in the city, at which special registration more than fifty per cent (50%) of said freeholders shall be required to register, otherwise such registration shall be deemed insufficient to authorize the conducting of the special election herein provided for; provided further, that at said special election more than fifty per cent (50%) of said qualified freeholders shall be required to vote, otherwise said special election shall be deemed insufficient to authorize said sale, transfer or other disposition. Sec. 6-9. Annexation of territoryElection prescribed. It shall rest within the sound discretion of the mayor and council, at any time, to call an election for the incorporation of contiguous territory whenever at least six (6) residents therein shall petition the mayor and council therefor. Such election shall be held under the regulations for elections hereinafter set out and only the qualified voters in the City of Sylvester shall be eligible to vote thereat. Upon twothirds of those voting being in favor of incorporation, said territory shall be by the mayor and council declared duly incorporated.

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Sec. 6-10. SameAdjustment of city limits. The mayor and council of the City of Sylvester are hereby authorized and empowered in their discretion to include all annexed territory in whole or in part, within one or more wards of the City of Sylvester, and to make such changes and pass such ordinances as they may deem advisable in readjusting the city limits with said added territory. Sec. 6-11. SameAuthority, jurisdiction over annexed territory. The power, authority and jurisdiction of the City of Sylvester are hereby extended over and made effective in every part of annexed territory, the power and authority of the officers of said city and the recorder's court thereof are likewise extended over such territory in as full manner as over the present limits of said city; the power of taxation, of making local assessments, fixing licenses for regulating business, the power to assess, issue execution and in case of default to sell property so assessed for taxes or assessments in the same manner as authorized by the charter of said city; the power and authority of the mayor and council and all boards of said city are likewise extended over said annexed territory. The property, real and personal, now or hereafter located in said added territory, is hereby made subject to all outstanding and future bonds issued by said city and is bound for the payment equally with the other portions of said city. Sec. 6-12. Water, electricity, gasFixing rates, regulating use. The mayor and council shall have the power to establish a scale of water, gas and electric light rates, to make and enforce rules for the collection of same, to adopt rules and regulations respecting the introduction of water, gas and electricity into or upon any premises, and from time to time to regulate the use of water, gas and electricity in such manner as shall seem to them necessary and proper; said mayor and council shall have the further power to furnish at cost, to place and compel the use of meters, to prescribe the kind thereof, to make the use of same a condition precedent to furnishing premises with water, gas or electricity and to prescribe how and where such meters shall be placed.

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The mayor and council, the superintendent and all inspectors in their service, are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water, gas or electricity is taken or used, and where unnecessary waste thereof is known or suspected, and to examine all surface pipes, stop cocks and other apparatus connected with said waterworks, gas or electrical system, for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the manner directed in the permits issued therefor; and if any person refuses to permit such examination or opposes or obstructs such officers in the performance of such duties, such person so offending shall, upon conviction in the recorder's court, be punished as provided in section 6-2, for the violation of ordinances and resolutions; in addition, the mayor and council may shut off the supply of water, electricity or gas until the required examination is made, and such alteration and repairs are completed as necessary. Sec. 6-13. SameRegulating distribution, price, use of hydrants. The mayor and council shall regulate the distribution of said water, gas and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof and the time of payment therefor; and they shall erect such number of public hydrants in such places as they shall see fit, and elect in what manner and for what purpose the same shall be used, for all of which they may charge at their discretion; provided however, that all hydrants, conduits and appliances required and furnished for the extinguishment of fires shall be erected and placed as the mayor and council may direct and shall be under their exclusive control and direction. Sec. 6-14. SameAuthority to require prepayment for use, discontinue service for nonpayment. The mayor and council shall have full power and authority to require the payment in advance for the use or rent of water, gas or electricity furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may shut off the water, gas or electricity from such building, place or premises, and shall not be compelled to

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again supply said place or premises with gas or electricity or water until the arrears, with interest thereon, shall be fully paid. Sec. 6-15. SameAuthority to resolve inequalities in rates. All complaints regarding inequalities in rates for water, gas or electricity shall be heard by the mayor and council, and their decision with respect thereto shall be final and conclusive. Sec. 6-16. SameLimit upon duration of contracts. The mayor and council shall make no contract for the price of using water, gas or electricity for a longer time than one year. Sec. 6-17. Drainage, drainage systems; establishment, regulation. The mayor and council shall have power and authority to establish a complete system of drainage for the health and comfort of its inhabitants and shall have entire and absolute control and jurisdiction of all soil pipes, private drains and sewers, water closets, privies, privy vaults and dry wells in the city, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem best for the preservation of the health of the inhabitants of the city, and with power to require changes in or the total discontinuance of any such contrivances or structures already in existence, or that may hereafter be allowed. Sec. 6-18. Streets, alleys, sidewalks and ways. The mayor and council shall have the power and authority to regulate the width, location and grade of all streets, alleys, sidewalks and ways within the city, due regard being had for the original plan of said city, and shall have the further power to locate and lay off new streets, alleys or ways within the city, to alter in any manner or close and vacate any of the same, and to prohibit any one from opening and laying off new streets or ways without the consent of the mayor and council. Sec. 6-19. Condemnation of property; authority, purposes designated. The mayor and council of the City of Sylvester shall be and is hereby authorized and empowered

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to condemn lands within or without the corporate or jurisdictional limits of said city, for sites for the erection of public buildings for said city, for parks, water supply, sewers, cemeteries, plants for hauling and disposing of sewage, for drainage or sewerage purposes, for the purpose of opening and laying off any new streets, alleys or ways, extending, widening or altering in any manner any of the streets, alleys or ways of said city, and for other public purposes, and to pay the owners of said property the damages incident to said condemnation. Said city shall proceed in condemning said property for the purposes mentioned, under the terms and provisions as are now, or may hereafter be provided by the law of the State in such cases. The fact that the property needed by said city for said purpose may be owned by a railroad or other quasi-public corporation, shall be no bar to the exercise of the right of condemnation hereby conferred. Sec. 6-20. Grant of franchises, encroachmentsNotice required. The mayor and council of the City of Sylvester shall have the power to grant encroachments upon the streets, sidewalks, alleys or ways of the city, on such terms and in such manner as may be by ordinance prescribed, and shall have the further power to grant privileges and franchises to any person, railroad, street railroad, or other corporation to use any part or parts of the streets, alleys or ways in the city, upon such terms and conditions and compensation as the mayor and council may prescribe; provided, however, that notice of the application for such privilege or franchise shall be published at least twice in the newspaper in which the sheriff's notices in Worth County are published, ten (10) days before final action on such application. Sec. 6-21. SameReservation of right to regulate. The mayor and council shall not grant any public franchise to any person or incorporated companies without reserving in said grant the right by ordinance from time to time to pass and adopt such reasonable ordinances or resolutions regulating and governing the exercise of such franchise as may be deemed expedient or necessary.

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Sec. 6-22. Street and sidewalk improvementsAssessment, levy, collection of cost. (a) Scope of authority. The mayor and council of the city shall have the power and authority by ordinance to pave, repave or repair the pavement of the sidewalks of the city, and to assess the cost of same against the owners of property abutting on sidewalks, according to frontage owned by them thereon, and shall have the power and authority by ordinance to grade, pave, macadamize, curb or otherwise improve for travel or drainage, any of the streets, alleys or ways of the city, or to regrade, repave, recurb, remacadamize or repair the pavement, curbing, grade or drainage of same, and to assess two-thirds of the total cost of same against the owners of the property abutting on each side of the streets, alleys or ways so improved, according to the frontage owned by each thereon, that is to say, one-third of the total cost of said improvements shall be assessed against the owners of the property abutting one side of the streets, alleys or ways so improved and one-third of the total cost of said improvements shall be assessed against the owners of the property abutting on the opposite side of said streets, alleys or ways, leaving only one-third of the total cost of said improvements to be paid by the City of Sylvester. (b) Railroads, street railroads. Said mayor and council shall have the power and authority to require any railroad or street railroad company having, or which may hereafter have, tracks, running through or along the streets, alleys or ways of said city so improved, to macadamize or otherwise pave or improve as the mayor and council may direct, the width of their tracks and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct. In the event any such company or companies fail or refuse to comply with said requirements the city may have the same done, and the expense thereof shall be assessed against said company or companies as hereinafter provided in this section. (c) Collection of assessments. The city shall be and is hereby empowered to enforce the payment of the assessments provided for in this section, by execution against

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the abutting property and against the owners of the same, which execution shall be issued and enforced by levy and sale of said property, like execution for taxes, and to provide for existing ordinances or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city and redemption by the owner as is provided for by section 92-4401 et seq., Georgia Code Annotated. (d) Contest of assessment. All assessments heretofore made by said city, for the purpose herein specified, by remaining unpaid, may be enforced as herein set out; provided however, that in case of an execution issued under the provisions of this section the defendant shall have the right to file an affidavit with the levying officers denying that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received; said affidavits shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Worth County, and there tried and the issue determined, as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. (e) Publication of ordinance. One publication of the ordinance or ordinances providing the improvements mentioned in this section, in the newspaper of Worth County in which the sheriff's advertisements are published shall be sufficient notice to abutting property owners or railroad or street railroad companies having tracks on the streets to be improved, of the contents and provisions of such ordinance, and of the fact that such improvements are to be made; provided however, that in case of non-residents, a copy of said ordinance shall be mailed to the address of all non-residents owning land abutting that where the improvements are to be made if the address of such non-residents be known, but failure to send or receive such copy shall not invalidate the ordinance, the assessment, or levy, nor any other proceedings thereunder.

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Sec. 6-23. SameAuthority over railroad companies traversing streets. The mayor and council of the city may require any railroad company having, or which may hereafter have, tracks running across streets, alleys or ways of said city to be paved, macadamized or otherwise improved as the mayor and council may direct, to pay the cost of said paving, macadamizing or otherwise improving the right of way of said company, the entire width of said streets, alleys or ways that said track or tracks may cross, and to require said companies to repave and repair their aforesaid portions as the mayor and council may direct. In the event any such companies fail or refuse to comply with said requirements the city may have the same done, and the expense thereof shall be assessed against said company or companies, and enforced by execution, issued against said company or companies as is provided in section 6-22. Sec. 6-24. SameLien of assessments. All assessments duly made by the city against all property owners by ordinance, to pave, repave or repair sidewalks of the city or to pave, macadamize or otherwise improve the streets, alleys or ways, and all other claims that said City of Sylvester shall have against property owners of said municipality by virtue of this authority to assess property for improvements shall be a lien against said property, and after said liens have been duly issued, the clerk of the council is hereby authorized and directed to have them entered upon the general execution docket in the clerk's office of the Worth Superior Court and the same shall be notice to all persons of such liens from the date of recording same. Sec. 6-25. SameLiability of county to assessment. When any property of Worth County abuts upon any sidewalks in the City of Sylvester, the mayor and council of said city shall have power and authority to pave, curb, remove or repair the same and assess the whole cost thereof against the county according to frontage; and when such property abuts upon any street, alley or way that is graded, paved or otherwise improved by the City of Sylvester, said city shall have power and authority to assess against said Worth County its proportionate part, to-wit: two-thirds of the cost of such grading, paving or improving according to frontage, and the method of collection, in case

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of refusal to pay, shall be by suit against the county commissioners of Worth County, in some court of competent jurisdiction. Sec. 6-26. Imposition of taxesScope of authority. (a) Ad valorem taxes. The mayor and council of the City of Sylvester shall have the right and power to assess, levy and collect an ad valorem tax upon all property, both real and personal within the limits of the city, not to exceed one and one-half percent, that is to say, one dollar and fifty cents ($1.50) on each one hundred dollars ($100.00), of taxable property, for ordinary current expenses and in addition to whatever levy is necessary for bonds from time to time. (b) Business taxes and licenses. The mayor and council shall have power and authority to levy and collect a specific or occupation tax on all business, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises and incomes; to fix a license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels, boardinghouses, restaurants, fish stands, billiard, pool and other kinds of tables, ten pin alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business legitimately coming within the police power of the city, as may be just and reasonable. (c) Scope of taxing power. The taxing power of said city, except as herein limited, shall be as general, complete and full as that of the State itself. Sec. 6-27. SameReturns of property, determination of due dates. The mayor and council of the city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due.

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Sec. 6-28. SameEnforcement of collection. The mayor and council of the city shall have the power to enforce the collection of taxes by execution issued by the clerk of council, directed to the marshal or chief of police and bearing test in the name of the mayor, which execution shall be issued in the time and in the manner prescribed by city ordinances not in conflict with State law; and such executions shall be enforced by the marshal or chief of police by levy on and sale of the property of the defendant, and the sales under same shall be conducted as is now or may hereafter be, provided by state law, and city ordinances not in conflict with said state law. Where the owner of property in said city is unknown, such execution may be issued against said property and the levy on the sale thereof shall be had as is herein provided, and said city's power to provide machinery or methods for the return, assessments and taxation of property within the city, shall be as full and complete as that of the State. Sec. 6-29. Registration, taxation of businesses, occupations. The mayor and council of the city shall have power to provide by ordinance for the registration of all business occupations that are subject to a specific occupation or license tax, and the time or times at which such occupation or license taxes shall be due, and shall provide for penalties within the limits of this charter prescribed, for engaging in same without first registering and paying the tax, and shall have the power, in addition thereto, to enforce the collection of same by execution, as provided in section 6-28. Sec. 6-30. Regulation of vehicular and pedestrian travel. The mayor and council of the city shall have the power to enact the following types of ordinances for the regulation of vehicular and pedestrian traffic: (a) To regulate the standing or parking of vehicles; (b) To place and maintain such traffic-control devices upon streets and roads under their jurisdiction as they deem necessary to regulate, warn or guide traffic, provided such traffic-control devices conform to the State manual and specifications, and to regulate traffic by means of police officers;

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(c) To regulate or prohibit processions or assemblages upon the streets, highways or public ways of the city; (d) To designate particular streets or parts thereof as one-way streets and to require that all vehicles thereon be moved in one specific location; (e) To regulate the speed of vehicles in public parks; (f) To designate a street or part thereof as a through street and to require that all vehicles stop before entering or crossing the same, or to designate any intersection as a stop intersection and to require vehicles to stop at one or more entrances thereto; (g) To regulate the operation of bicycles and to require the registration and licensing of same, including the requirement of a registration fee; (h) To designate any intersection as a Yield Right of Way intersection; (i) To regulate or prohibit the turning of vehicles at intersections; (j) Upon the basis of an engineering and traffic investigation to determine and declare a reasonable and safe lawful speed limit upon any street or part thereof which shall be effective at such times as may be determined; (k) To adopt such other traffic regulations as are authorized by law; provided however, that no ordinance or resolution enacted pursuant to the authority of subsections (d), (e), (f), (h), (i) and (j) shall be effective unless and until signs giving notice thereof are posted upon the street or part thereof affected. Sec. 6-31. Surface and sanitary sewer systems; establishment, erection, maintenance, operation. The mayor and council of the City of Sylvester are hereby authorized to

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issue bonds in such amounts as may be permitted under the Constitution and laws of the State of Georgia, and at such time or times as the mayor and council of the City of Sylvester may prescribe for the purpose of establishing and maintaining a system of surface and sanitary sewers as the mayor and council of the City of Sylvester may prescribe, and for other purposes, with full power and authority in the city to make all contracts necessary in the erection and maintenance of such system of sewers, and with full power and authority in the mayor and council of the City of Sylvester to make, declare and enforce all such ordinances, resolutions, rules and regulations concerning the use of said sewers; to provide ordinances for compelling residents, citizens and property holders to make connection with such sewers and such sewers that now exist in said City of Sylvester at their own expense, and to provide for the enforcement of such ordinances by fine and imprisonment as well as the issue and levy of execution for that purpose. Sec. 6-32. Bond issues, elections for designated purposes. (a) Authority. The mayor and council of the City of Sylvester are hereby authorized and empowered to call by ordinance and election by the qualified voters of said city, for the purpose of obtaining the assent of the qualified voters of the City of Sylvester, to an issue of bonds in such amount or amounts as may be permitted under the Constitution and laws of the State of Georgia, and at such time or times as the mayor and council may, in their discretion, prescribe for any of the following purposes, to-wit: (1) Improvements: For paving, macadamizing, draining or otherwise improving for the travel or use of the public streets, sidewalks, alleys and lanes of said city. (2) Sewer systems: For establishing and maintaining a system of surface or storm and storm and sanitary sewers within the city. (3) Public works: For the construction of any public buildings, bridge, viaduct, underpass, hospital or other public works to be used exclusively for lawful corporate purposes

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looking to the safety, health and general welfare of the citizens of the City of Sylvester or for the enlargement, extension, or improvement of any such public building, bridge, viaduct, underpass, hospital or other public works. (b) Submission of question. It shall be the duty of the mayor and council of the City of Sylvester calling the election, to provide for the submitting separately to the qualified voters of the city, each question presented for ratification or rejection, so that each voter may vote for or against any or all of the purposes for which it is proposed to issue bonds. (c) Approval by voters. In the event the assent of a sufficient number of the qualified voters of the City of Sylvester is obtained as provided by law, at the election called as herein provided, the mayor and council of the City of Sylvester shall have full authority and power to make all contracts necessary or incident to the expenditure of the proceeds of the sale of said bonds for the purposes and objects for which they were issued; and to enact and enforce all such ordinances, resolutions, rules and regulations and protection of said public improvement as in their discretion they may deem fit and proper, and to enforce such ordinances and regulations by fine and imprisonment as well as by the issue and levy of execution for that purpose. Sec. 6-33. Cemeteries; establishment, maintenance, operation. (a) Authority. The mayor and council of the City of Sylvester are hereby authorized and empowered to own, control and maintain a cemetery or cemeteries within or without the corporate limits of the City of Sylvester, and are hereby authorized and empowered to acquire land therefor by gift, devise, purchase or condemnation of either public or private property or of property owned by public service corporations, for the purpose of establishing, owning and controlling said cemeteries, either within or without said city with funds hereinafter provided. (b) Condemnation of property. Said mayor and council of the City of Sylvester are hereby clothed with the power of eminent domain, authorized and empowered to condemn

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lands within or without the corporation or jurisdictional limits of said City of Sylvester, for sites for the purpose of establishing, owning, controlling and regulating a cemetery or cemeteries for public use, and are hereby authorized to pay the owners of said property damages incident to said condemnation; provided however, that in the event the mayor and council of the City of Sylvester deem it advisable to use lands now owned by quasi-public corporations or lands now used for street or highway purposes, this use of same shall be no bar to the exercise of the right of eminent domain hereby conferred, but said mayor and council shall have the right to condemn said lands and close said streets and highways for the purposes mentioned. Said city shall proceed, in condemning said property for the purposes mentioned, under the terms and provisions as are now in force or may hereafter be provided by the law of the State in such cases. (c) Acquisition, regulation of other cemeteries. Said mayor and council shall have the authority to take over old cemeteries, regulate and maintain them in such manner as the mayor and council may deem proper, and shall have the further power to purchase, take over, control and regulate any one or all privately owned cemeteries within the City of Sylvester, upon paying the owner thereof an adequate compensation for the unsold portions thereof. The amount of compensation to be paid for said property shall be arrived at under the rules laid down by state law in condemning public and private property for public uses. (d) Sale of lots. Said mayor and council shall have the authority to provide for and regulate the sale of cemetery lots, and shall have the exclusive authority to fix rules and regulations as to interments therein. (e) Private cemeteries. Said mayor and council shall have the authority to prohibit the establishment of cemeteries within the City of Sylvester by others than the city; provided however, that no private cemetery shall be located and established anywhere within the city limits without the owner thereof first having obtained a permit from the mayor and council of said city; and it is expressly provided

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that no permit shall be granted for the establishment of a privately owned cemetery until after the same has been advertised in the public gazette published in the City of Sylvester for four successive weeks, giving notice of the party's intention to apply for said permit, and setting out therein the date said application will be heard and the location of same, thereby giving all persons interested an opportunity to file objection and to be heard on same. (f) Budget, appropriations, taxes. At the beginning of each fiscal year the mayor and council of said city shall make up a detailed budget of the expenditures necessary to be made by it in carrying out the purposes aforesaid and the amount of money needed for it for such purposes, and it shall then be the duty of said mayor and council to make the necessary appropriation for the year to meet such expenditures, or as much thereof as the conditions of the city treasury and the demands of the city will allow, and the bills to be paid out of the city treasury when the said bills are properly approved by the mayor and council; provided however, that said mayor and council are hereby authorized to levy and collect a tax ad valorem upon all property, both real and personal, within the limits of said city for the express purpose of carrying out the provisions hereinbefore made. (g) Bond issue. The mayor and council of the City of Sylvester are hereby authorized to issue bonds in such amounts, and in accordance with existing laws, as may be permitted under the Constitution and laws of the State of Georgia, and at such time or times as the mayor and council may prescribe for the purpose of providing a cemetery or cemeteries for the burial of the dead, either within or without the city; to provide for the maintenance and support of same; to provide for the acquisition of land therefor by purchase, by condemnation or otherwise, such as the mayor and council may prescribe; and full power and authority is hereby conferred on the City of Sylvester to make all contracts, rules and regulations for the purpose of carrying out and enforcing the provisions of this section. Sec. 6-34. Zoning and planning. (a) Scope of authority. The mayor and council of the City of Sylvester are hereby

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authorized to pass and enforce zoning and planning laws whereby said city may be zoned or districted for various uses and other or different uses provided therein, and regulating use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein; and to adopt zoning and planning laws, not inconsistent with the Constitution, which said city (by and through its mayor and council) may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. (b) Adoption, purpose of zoning plan. The mayor and council of said city may, in the interest of public health, safety, order, morals, comfort, prosperity or general welfare, adopt by ordinance or ordinances a plan or plans for the zoning or districting of the City of Sylvester for the purpose of regulating the location of trades, industries, apartment-houses, dwellings or other uses of property, or for the purpose of regulating the height of buildings or other structures, or for the area or dimensions of the lots or yards used in connection with the buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. (c) Establishment, regulation of districts. The territory within said city may be divided into such number of zones or districts, and such zones or districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of such zones or districts and regulations, classifications may be based upon the nature or character of trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, comfort, convenience, prosperity, or general welfare.

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(d) Residence restrictions. For the reasons above set out, said mayor and council shall have the further right and power, as to any zones or districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and residents thereof. (e) Notice and hearing. No ordinance adopting zoning regulations as above authorized shall be passed by the mayor and council until the mayor and council shall hold a public hearing thereon, and shall give notice of the time and place thereof by notice published once a week for two weeks in the newspaper in which sheriff's advertisements are published in Worth County, Georgia; and during such time of publication, a copy of the proposed ordinance shall be on file for public examination in the office of the clerk of council of said city. The mayor and council may, if they see fit, provide for other and additional notice. (f) Amendments. The mayor and council may from time to time amend or change the regulations or zones or districts established by zoning ordinance, and this they may do upon their own initiative. Whenever the owners of fifty per cent of the area of the land in any block shall present a written petition, duly signed, to the mayor and council, requesting amendment of the regulations prescribed for such block, it shall be the duty of the mayor and council to vote upon such amendment within ninety (90) days of the filing of such petition with the clerk of council. Such petitioning property owners shall give notice to the public of the filing of such petition for amendment, in such manner as may be required by the mayor and council. The notice referred to in subsection (e) and (f) of this section need not set out the ordinance or amendment, but it will be sufficient merely to state that a zoning ordinance, or an amendment thereto, as the case may be, and the zone or area affected thereby, will be given a public hearing by the mayor and council at the time and place named in the notice. (g) Enforcement and appeals. The zoning regulations of said city shall be enforced by the building inspector of said

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city under the direction and regulations of the mayor and council. The mayor and council of said city shall hear and decide appeals from, and review any order, requirement, decision or determination made by the building inspector in the enforcement of the zoning regulations. And the mayor and council may prescribe procedure for all administrative details of zoning regulations and for appeals. (h) Legislation. The City of Sylvester by and through its mayor and council is granted and given hereby full and complete power and authority to legislative, touching all of the matters and things set out in this section, to enforce the same, and to provide for all administrative details concerning the same. (i) Right of certiorari. Every final decision of the mayor and council of said city touching the aforesaid matters and things shall be subject to writ of certiorari issued from the superior court, upon the same terms as such writs are issued in any other case. (j) Existing zoning ordinances preserved. The provisions of the existing zoning ordinances of the city, as amended from time to time, shall be and are hereby specifically preserved and saved from repeal, and the provisions thereof are hereby ratified and confirmed and shall be of full force and effect within the city, until such time as the same may be altered, amended or repealed. Sec. 6-35. Enumeration of powers not exclusive. The enumeration of powers contained in this charter shall not be considered as restrictive, but the City of Sylvester and its municipal authorities may exercise all powers, rights and jurisdiction as they might if such enumeration were not made, and the mayor and council may pass such laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the mayor and council may prescribe additional regulations and modes of procedure not repugnant to the intent and purposes of this charter nor the laws of the State.

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Sec. 6-36. Participation in emergency plans with disaster-stricken cities. The mayor and council are hereby authorized to provide by ordinance or resolution for participation by the city in emergency procedure plans whereby the chairman of the gas department, the mayor, or in his absence the mayor pro tem., shal be authorized to furnish equipment, machinery, supplies and personnel to other cities during time of emergency therein; provided however, that in the event of such participation liability insurance coverage and other insurance coverage shall remain in force and effect respecting any equipment, machinery or personnel furnished by the city under such plan; and provided further, that the mayor and council may provide by ordinance or resolution for the withdrawal of the city from such plan at any time. ARTICLE VII. RECORDER'S COURT. Sec. 7-1. Establishment; designation of presiding officer. There shall be and there is hereby established in and for said City of Sylvester, a recorder's court, to be conducted in such manner and at such time, except Sunday, at any place in the city as the mayor and council may prescribe; in said court the recorder shall be the presiding officer. In case of the absence or disability of the recorder, for any cause, the mayor, or in his absence or disability, the mayor pro tem. shall preside. Sec. 7-2. Recorder; appointment, term, function. The mayor and council shall at their first meeting in January, or as soon thereafter as practicable, elect a fit and proper person to the office of recorder, to serve from the time of his election for a term of one (1) year, or until his successor is elected and qualified. Said recorder shall preside over the recorder's court and shall be vested with all power and authority herein provided. Sec. 7-3. Procedure in recorder's court. The procedure in the recorder's court with reference to the conduct and trial of cases therein shall be prescribed by the mayor and council or by rule of the presiding officer thereof; provided however, that said procedure shall not conflict with the provisions

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of this article; provided further, that any rules promulgated by the presiding officer shall not conflict with this charter or with city ordinances on the subject. Sec. 7-4. Charges constituting violation of State penal laws. Jurisdiction of the recorder's court shall extend to the investigation of any charge involving or amounting to a violation of the penal laws of the State of Georgia; provided, however, that such offense is alleged to have been committed within the corporate limits of the city; and provided further, that such charge is made in writing and verified to the best of the knowledge, information and belief of the person making the same, and the same is entered upon the docket of said court. Sec. 7-5. Summons, copy of charges; issuance, effect. The mayor and council shall have the power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance, before said recorder's court, by summons, or copy of charges, to answer the offense charged, and when employed, such summons or copy of charges shall be issued as provided for subpoenas and shall contain a summary or simple statement of the offense charged. Disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas. Sec. 7-6. Issuance of warrant upon complaint. Upon complaint being filed with the recorder, or in his absence or disability to act, the mayor, by affidavit or such other manner as he may require, that any person has violated any municipal ordinance or law, said recorder or mayor or mayor pro tem. shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, his deputy or any member of the police force of the city and shall be signed by said recorder, mayor or mayor pro tem. Sec. 7-7. Penalty for violation of laws, ordinances. The recorder's court shall have jurisdiction to try all offenders against the laws and ordinances of the city committed within the corporate limits, and to punish persons convicted in said court of violating such laws and ordinances by a fine

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not to exceed two hundred and fifty dollars ($250.00) or by imprisonment in the guard house, city prison or other place provided, or by compulsory labor on the streets or other public works not to exceed ninety (90) days, and either one (1) or more of said punishments may be imposed, or the several punishments may be cumulative, or the fine may be imposed with an alternative of such imprisonment or compulsory labor, or coerced or enforced by said imprisonment or labor; provided however, that the punishments within the limits prescribed shall be imposed by said court only in the amount and manner prescribed by the penal ordinances of said city; in the event no penalty is provided for the doing or failure to do an Act which is made unlawful by the ordinances of the city, said court shall have power to proceed to impose the punishment herein designated. Sec. 7-8. Punishment for contempt. The recorder or other presiding officer of said court shall have the same power as judges of the superior court of this State to punish for contempt of said recorder's court by a fine not to exceed one hundred and fifty dollars ($150.00) or imprisonment in the city guardhouse, city prison or other place provided, or in the Worth County jail for a period not to exceed sixty (60) days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may be imposed with the alternative of such imprisonment, or coerced by said imprisonment. Sec. 7-9. Suspension, vacation, reduction of sentence, remission of fine. The presiding officer of the recorder's court shall have the right and power to suspend, vacate or reduce the penalties imposed by him for legal grounds, in his best judgment and discretion, and the same shall apply to penalties and sentences of said court pronounced by the officer who presided in said recorder's stead, it being the intention hereof to give the officer who pronounced the sentence power to vacate, alter or modify the same when for a good and legal reasons he may be convinced that such a cause is consistent with justice; provided however, that no fines which have been imposed and collected shall be refunded either in whole or in part, except by the city council upon

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written recommendation of the recorder or other presiding officer who imposed such fine. Sec. 7-10. Issuance, service of subpoenas; effect of failure to obey subpoena. The recorder's court shall have the power to compel the attendance of witnesses in all proceedings before said court by subpoena, said subpoena may be issued by the chief of police or by any member of the police force, or by the clerk of council, shall bear attest in the name of the mayor and shall contain a brief statement of the case, the time set for trial or hearing and the time at which the person subpoenaed shall appear. The recorder or other presiding officer of said court shall have the power to punish any person disobeying said subpoena for contempt of court, within the limits of punishment prescribed in this charter; such subpoena shall be served by any officer or member of the police force of the city. Any person who may be charged with contempt of court, as herein provided, may be arrested by an attachment or warrant in writing signed by the recorder or other presiding officer in said court, which said attachment or warrant may be executed by any member of the police force. Sec. 7-11. Authority of recorder as justice of the peace. Said recorder or other presiding officer of said court shall be to all intents and purposes a justice of the peace insofar as to enable him to issue warrants for offenses committed within the City of Sylvester against the penal laws of this State, this either before or after a hearing or trial of the charge in said recorder's court, provided the affidavit required by law to obtain warrants is first made before said recorder or other presiding officer. In such cases the warrant may be executed by any member of the police force of the city. Said recorder or other presiding officer of said court, as such ex-officio justice of the peace, shall have the power and authority to commit to the jail of Worth County offenders against the laws of the State of Georgia, and to admit them to bail in bailable causes, for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of Worth; and if the evidence in the trial of an offense against the ordinances of the city

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discloses the violation of any State laws, he shall have the power to bind the defendant over as above set forth. Sec. 7-12. Right of certiorari preserved. The right of certiorari from a decision and judgment of the recorder's court shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Sec. 7-13. Ministerial officers of court designated. The ministerial officers of the recorder's court shall be the chief of police and all members of the police force, each of whom may execute the mandates of the court, and to whom in the alternative, all mesne and final process thereof shall be directed. Sec. 7-14. Docket; required, contents. There shall be kept in the recorder's court one or more dockets, upon which shall appear the name of each person arrested by any officer or member of the police force in the city for any offense against the ordinances of the city or the penal laws of the State, together with the name of each person brought before said court by summons, warrant or other writ issued therefrom, to answer for the violation of any such ordinance or law, the names of the witnesses against him and a summary or simple statement of the offense with which he is charged, which statement shall be sufficient notice to or accusation of the accused; provided, however, that the mayor and council may prescribe such additional notice or accusation as they may deem proper. Upon the trial of such persons the sentence imposed or any other disposition of the case shall be entered into writing opposite the names and charges, by the recorder or other presiding officer of said court, which respective entries, when signed by the recorder or other presiding officer, shall constitute the judgment of the recorder's court in each respective case. Sec. 7-15. Forfeiture of bond. (a) Scire facias proceedings. When any bond is given by any person charged with an offense against the ordinances of the city or arested for such offense, for his or her appearance at any session of the recorder's court, and such person so giving bond

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shall fail to appear at the time appointed in said bond for his or her appearance, then the recorder or other presiding officer in said court shall issue a scire facias against the principal and his or her security, calling on them to show cause in said court at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the police force of the city at least two days prior to the return day thereof upon the principal and sureties personally, or in the absence of either from the county or State, then by one newspaper publication of said scire facias two days before the return day thereof. (b) Judgment; entry, execution. If at the return time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of said judgment the clerk of city council shall issue execution against the principal and surety, in conformity with such judgment, and in the form and manner prescribed for execution issued by the city for taxes, which execution shall be placed in the hands of the city marshal who shall proceed to collect the same as tax executions are collected by the city. Sec. 7-16. Forfeiture of deposit made in lieu of bond. In any case where any person has deposited a sum of money as a bond for the appearance in the recorder's court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof, and shall be paid over by said recorder's court to the city treasurer as the property of the City of Sylvester, in the event the party for whose appearance such sum of money was deposited as a bond does not appear at the time appointed. Sec. 7-17. Labor under sentence. Persons sentenced to labor by the recorder's court shall be delivered to the superintendent of streets or other officers in charge of streets and public works, to be put to work on said streets or public works in or around the city.

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Sec. 7-18. Charge and collection of costs. The mayor and council shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into the recorder's court which are incident and lawfully chargeable to the prosecution of said cases. Sec. 7-19. Execution for fine or costs. Upon the failure or refusal of any person to pay any fine or costs imposed by the recorder's court the same may, in addition to other methods, be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be conducted in the same manner. ARTICLE VIII. POLICE DEPARTMENT. Sec. 8-1. Constituted, organized. There shall be and there is hereby established a police force in and for the City of Sylvester, which police force shall consist of a marshal, who shall also be chief of police, and such other officers and men as the council by ordinance shall prescribe, and who shall be elected at the first meeting in January by the mayor and council in the same manner as is provided for the election of other municipal officers. Sec. 8-2. Oath of office, bond. The chief of police and police officers, prior to entering upon the duties of their respective offices, shall take an oath faithfully and impartially to discharge the duties imposed upon them by law and ordinance, and shall give such bond as may be required of them by city ordinance. Sec. 8-3. Terms of office. The chief of police and the other members of the police force shall hold office for one (1) year, their respective terms beginning the day following the date of their appointment, and until their successors are elected and qualified; provided however, that the term of office of members of the present force shall not expire until after the expiration of the full term for which they were elected. Sec. 8-4. Compensation. Compensation of members of the police force shall be provided by ordinance. No extra pay or allowance or cost shall be made to them or either of them.

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Sec. 8-5. Arrest, prosecution of offenders. It shall be the duty of the police of the city to make arrests in the manner prescribed by law, of persons violating the penal laws of this State or ordinances of the city council. It shall be the duty of the marshal or chief of police to prosecute offenders before the Superior Court of Worth County and the City Court of Sylvester. The mode of preferring accusations against offenders and the manner of trial thereof shall be prescribed by ordinance of the city. For failure to perform any duty required by law or city ordinances a policeman may be suspended or removed from office by the mayor and council. Sec. 8-6. Authority to arrest with or without warrant. The police of the city shall have the power to arrest for any violation of the ordinances of the city, either with or without a warrant, and whether or not the offense was committed in the presence of the arresting officer. Sec. 8-7. Arms and uniforms. The mayor and council shall cause the entire police force of the city to be armed and to be so uniformed as to be readily recognized by the public as police oficers. The arms and uniforms shall be furnished at the expense of the city, provided that such arms and uniforms shall always be and remain the property of the city. Sec. 8-8. Suspension of officer upon accusation brought. The city council shall prescribe the manner of suspending until trial, the marshal or chief of police or any other police officer or policeman, where accusation is brought and in all cases the mayor and council may make appointment to the office or place of such suspended person, such appointee to hold office during the suspension. ARTICLE IX. FIRE DEPARTMENT. Sec. 9-1. Constituted, organized. There shall be and there is hereby established a fire department in and for the City of Sylvester, to be maintained and operated by said city under such rules, regulations and ordinances as the mayor and council may prescribe, and such as already exist.

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Sec. 9-2. Personnel; compensation, terms, conditions of employment. In addition to a chief, the fire department shall consist of such number of men, who shall receive such pay and be employed for such time and upon such terms and conditions, as shall be provided by ordinance of the mayor and council. Sec. 9-3. Oath of office, bond. The fire chief and the members of the fire department, prior to entering upon the duties of their respective offices, shall take an oath faithfully to discharge the duties imposed upon them by law and ordinance, and shall give such bond as may be required of them by city ordinance. Sec. 9-4. Fire chief; authority, responsibility, powers. The chief shall be the executive head of the fire department, shall be responsible for the good order and efficiency of the same, shall make such expenditures therefor as may be authorized previously by the mayor and council and shall make such reports to said mayor and council of the condition of the department as may be required; and said chief shall be and he is hereby made ex officio a police officer of the city, empowered to make arrests as are regular police officers of the city. ARTICLE X. DIRECTORY AND TRANSITORY PROVISIONS. Sec. 10-1. Terms of present officers. Nothing herein contained shall operate or prevent the elected or appointed officers of the city now holding office in said city from holding same until the expiration of their respective terms and until their successors are elected and qualified. Sec. 10-2. Existing ordinances preserved. This charter Act shall not abolish any of the ordinances now in effect in the city except where they are in conflict with this charter, but the same shall be preserved and continued. Sec. 10-3. Existing Acts preserved. All other Acts heretofore approved by the General Assembly relating to the City of Sylvester except such part or parts thereof as may be

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in conflict with this charter and except for the Acts specifically repealed herein, shall be and are hereby continued in operation, confirmed and consolidated with and made a part of this charter. Sec. 10-4. Repeal of conflicting laws. All laws and parts of laws in conflict with this charter shall be and the same are hereby repealed. Sec. 10-5. Severability. If any provision of this charter shall be held to be unconstitutional or invalid for any reason, such provision only shall be invalid, and all other parts of this charter shall not be affected thereby but shall remain in full force and effect. Sec. 10-6. Legal advertisement of notice of intention to apply for local legislation. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication of such notice as required by law, are attached hereto and made a part hereof, and it is hereby declared that all the requirements of the Constitution of the State of Georgia relating to publication of notice of intention to apply for the passage of local legislation have been complied with. Sec. 10-7. Acts repealed. The following Acts of the General Assembly of the State of Georgia shall be and are hereby repealed in their entirety: Georgia Laws 1919, No. 330, page 1337; Georgia Laws 1920, No. 720, page 1544; Georgia Laws 1921, No. 142, page 1088; Georgia Laws 1921, No. 34, page 1091; Georgia Laws 1922, No. 317, page 979; Georgia Laws 1923, No. 65, page 785; Georgia Laws 1927, No. 25, page 1602;

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Georgia Laws 1937-38 Ex. Sess., No. 119, page 1351; Georgia Laws 1939, No. 346, page 1331; Georgia Laws 1939, No. 142, page 1332; Georgia Laws 1947, No. 124, page 551; Georgia Laws 1951, No. 187, page 2579; Georgia Laws 1952, No. 658, page 2415; Georgia Laws 1957, No. 38, page 2116; Georgia Laws 1963, No. 185, page 2607; Georgia Laws 1963, No. 268, page 2907; Georgia Laws 1963, No. 359, page 3185. Sec. 10-8. Referendum adopting Charter. The provisions of this Charter Act shall take effect upon its approval by the qualified electors of the city at a referendum election called by the mayor and council for such purpose, the same to be held in conformity with the laws of the State of Georgia. Notice is hereby given that legislation to completely and exhaustively revise the charter of City of Sylvester, Ga., will be introduced in the special session of the General Assembly of Georgia convening on May 4th, 1964. David C. Jones, Worth County Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David C. Jones, who, on oath, deposes and says that he is Representative from Worth County, and that the attached copy of Notice

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of Intention to Introduce Local Legislation was published in the Sylvester Local, which is the official organ of said county, on the following dates: April 9, 16 23, 1964. /s/ David C. Jones, Representative, Worth County. Sworn to and subscribed before me, this 19th day of May, 1964. /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved June 30, 1964. JONES COUNTYSHERIFF PLACED ON SALARY BASIS. No. 34 (House Bill No. 20). An Act to abolish the present method of compensating the sheriff of Jones County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; to provide for compensation to the sheriff for feeding county prisoners; to provide that all fees, costs, or other emoluments of the sheriff shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for one chief deputy and one deputy; to provide for the compensation of such deputies; to provide for two automobiles and equipment; to provide for the maintenance and replacement of such automobiles; to provide for the payment of the operating expenses of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The present method of compensating the sheriff of Jones County, known as the fee system, is hereby abolished and in lieu thereof the sheriff shall receive an annual salary as hereinafter provided. Salary basis. Section 2. The sheriff of Jones County shall receive an anual salary of $7,500.00 per annum, payable in equal monthly installments from the funds of Jones County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, two ($2.00) dollars per day to feed said prisoners. Salary. Section 3. After the effective date of this Act, the sheriff shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same to the county fiscal authority on or before the 10th day of each month next following the month in which they were collected or received. At the time of each such monthly payment, the sheriff shall also furnish the county fiscal authority a detailed, itemized statement, under oath, of all such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The sheriff of Jones County shall have the sole power and authority to appoint one chief deputy and one deputy. The chief deputy shall be compensated in the amount of $4,000.00 per annum, payable in equal monthly installments from the funds of Jones County. The deputy shall be compensated in the amount of $3,600.00 per annum, payable in equal monthly installments from the funds of Jones County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as such deputies, and to prescribe their duties and assignments, and to remove or replace such deputies at will and within his sole discretion. Deputies, etc.

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Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of the sheriff and his deputies, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture, utilities, uniforms, weapons and ammunition, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Supplies, etc. Section 6. The county shall also furnish the sheriff with two automobiles and equipment. The county shall be responsible for the maintenance thereof and such vehicles shall be replaced every two years or at 75,000 miles, whichever occurs first. Automobiles. Section 7. The provisions of this Act shall become effective on January 1, 1965. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced, at the 1964 Special Session of the General Assembly of Georgia, which convenes on May 4, 1964, a bill to designate the salary of the sheriff of Jones County; to provide for the number of deputy sheriffs and for their compensation; and for other purposes. This 9th day of April 1964. Corbin C. Roberts, Representative, Jones County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Corbin C. Roberts, who, on oath, deposes and says that he is Representative from Jones County, and that the attached copy of Notice

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of Intention to Introduce Local Legislation was published in the Jones County News, which is the official organ of said county, on the following dates: April 16, 23 30, 1964. /s/ Corbin C. Roberts, Representative, Jones County. Sworn to and subscribed before me, this 11th day of May, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved June 30, 1964. WALTON COUNTYSHERIFF PLACED ON SALARY BASIS. No. 35 (House Bill No. 23). An Act to abolish the present mode of compensating the sheriff of Walton County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; 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 present mode of compensating the sheriff of Walton County, known as the fee system, is hereby

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abolished and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The sheriff shall receive an annual salary of eight thousand dollars ($8,000.00), payable in equal monthly installments from the funds of Walton County. Said salary shall not be diminished thereafter during the term of office of said officer. Any increase or decrease of said sheriff's salary shall only be by legislative Act of the General Assembly of Georgia. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity as long as such services were rendered by virtue of the fact that said officer is the sheriff of Walton County, irrespective of the consideration that said services may not have been rendered in his official capacity as sheriff of said county, but may have been personal, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 10th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the sheriff shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The sheriff shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, the aggregate annual amount to be paid all such employees shall not exceed the sum of

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eight thousand dollars ($8,000.00) per year, and which sum for said employees shall not be increased or decreased except by legislative act of the General Assembly of Georgia. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employee, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, etc. Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirement shall be at the sole discretion of the governing authority of Walton County. Supplies, etc. Section 6. The fiscal year of the sheriff of Walton County shall commence on July 1st and end on June 30th of each year. At such time as is designated for the preparation of county budgets, but in any event no later than April 1st of each year, the sheriff shall certify to the governing authority of Walton County a proposed budget of expenditures for carrying out the powers, duties and operation of his office, for the ensuing fiscal year. The sheriff shall submit with the proposed budget his sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of his office for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail, other than construction, repair or capital improvement of county buildings during said fiscal year. The expenditures shall be itemized as follows: Budget, etc. (a) Salary of the sheriff.

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(b) Salaries of deputies and assistants. (c) Expenses, other than salary. (d) Equipment. (e) Investigations. (f) Such other items as may be required by the governing authority. The sheriff shall furnish the governing authority of Walton County all relevant, pertinent information concerning expenditures made in previous years and to the proposed expenditures which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may require the sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form, in the proposed budget. Not later than June 1st of each year, the governing authority may amend, modify, increase or decrease any or all items of expenditure in the proposed budget. Such budget, as fixed by the governing authority shall be the budget for the sheriff's office for the ensuing fiscal year, and all expenses connected with the sheriff's office shall be paid from county funds in accordance with said budgetary provisions. All purchases required by the sheriff's office shall be made in accordance with procedures prescribed for other purchases made by the county. If in the judgment of the sheriff an emergency shall arise by reason of which he would be unable to perform his duties without the expenditure of larger amounts than are provided in the current budget, he may apply to the county governing authority for appropriation of additional amounts. The county governing authority shall then act upon the request for additional funds within fifteen days from the submission of the request, by making available to the sheriff such sums of money, as will be needed to meet said emergency, which shall be determined by the governing authority, or by refusing to make any such funds available.

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The Sheriff shall keep such books and records as shall be prescribed by the governing authority. All such records shall be open to the inspection of the public, the governing authority of said county and their auditors at all times during the hours for which said office is open for business. The governing authority shall not act arbitrarily or capriciously in regards to the budget proposed by the sheriff or sheriff-elect, or his request for additional funds, but shall act in good faith and for the best interest of the county in all respects thereto. Section 7. The provisions of this Act shall become effective on January 1st, 1965. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, who being duly sworn on oath says that he is the editor and publisher of The Walton Tribune, a newspaper having general circulation and whose principal place of business is in said county, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Walton Tribune, which is the official organ of said county, on the following dates: April 15th, April 22nd, and April 29th, 1964. /s/ Sanders Camp, Editor and Publisher, The Walton Tribune. Sworn to and subscribed before me, this 7th day of May, 1964. /s/ Jeanette S. Scott, Notary Public, Walton County, Ga. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce a Bill in the 1964 Special Session of the General Assembly of Georgia to fix the salary of the sheriff of Walton County, Georgia, and for other purposes, in accordance with the provisions of an Act of the General Assembly of Georgia passed at the 1964 Session and adopted into law. This 15th day of April 1964. /s/ Thomas W. Ridgway, County Attorney, Walton County, Georgia. Approved June 30, 1964. BERRIEN COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 36 (House Bill No. 24). An Act to amend an Act creating the board of commissioners of roads and revenues for Berrien County, approved September 20, 1887 (Ga. L. 1886-1887, Vol. II, p. 664), as amended, particularly by an Act approved December 17, 1902 (Ga. L. 1902, p. 203), an Act approved August 23, 1905 (Ga. L. 1905, p. 557), an Act approved August 18, 1919 (Ga. L. 1919, p. 589), and an Act approved August 16, 1920 (Ga. L. 1920, p. 452), so as to change the compensation of said board of commissioners of roads and revenues; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of roads and revenues for Berrien County, approved September 20, 1887 (Ga. L. 1886-1887, Vol. II, p. 664), as amended, particularly by an Act approved December 17,

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1902 (Ga. L. 1902, p. 203), an Act approved August 23, 1905 (Ga. L. 1905, p. 557), an Act approved August 18, 1919 (Ga. L. 1919, p. 589), and an Act approved August 16, 1920 (Ga. L. 1920, p. 452), is hereby amended by adding immediately after section 1 a new section to be designated section 1A to read as follows: Section 1A. Any other provisions of this Act to the contrary notwithstanding, the commissioners of roads and revenues of Berrien County shall receive as their compensation the sum of one hundred fifty ($150.00) dollars per month to be paid from the funds of said county. In addition to the salary provided for herein, the said commissioners shall also be reimbursed from the funds of said county for all actual and necessary travel expenses when traveling outside the limits of said county for county purposes. Compensation. Section 2. This Act shall become effective on January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that a bill will be introduced at the Special Session of the State Legislature, which begins May 4, 1964, to change the method of compensating the Berrien County board of commissioners of roads and revenue, placing the said commissioners on a monthly salary instead of a per diem basis. W. D. Knight, Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. (Jack) Knight, who, on oath, deposes and says that he is Representative from Berrien County, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the The Nashville Herald, which is the official organ of said county, on the following dates: April 23 and 30, and May 7, 1964. /s/ W. D. Knight, Representative, Berrien County. Sworn to and subscribed before me, this 13th day of May, 1964. /s/ Amelia Smith, Notary Public, Georgia State at Large. Approved June 30, 1964. CITY OF ELIZABETHNEW CHARTERREFERENDUM. No. 37 (House Bill No. 25). An Act to amend, consolidate, revise and supersede an Act incorporating the town of Elizabeth, in the County of Cobb, State of Georgia, approved October 8, 1885 (Ga. L. 1885, p. 337); to create a new charter for said city; to change the name from the Town of Elizabeth to the City of Elizabeth; to define the territorial limits of said city; to provide for the general powers of said municipality; to provide for a mayor and councilmen; to provide for their powers, duties and functions; to provide for the meetings of the city council; to provide for the eligibility requirements of mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for the elections in said city; to provide for qualification and registration of voters in said city; to provide for ad valorem taxation by said city; and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations;

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to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for maintenance and establishment of utility systems in said city; and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for condemnation of private property by said city; to provide for planning and zoning regulations in said city; to authorize said city to contract debts and issue bonds; to expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive, to provide restrictions upon the sale of property of said city; to provide that said city shall operate upon a cash basis, and that all debts for current operating expenses shall be paid in the fiscal year in which incurred; to accept public funds therefor from the State of Georgia and other political subdivisions; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Elizabeth, Cobb County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Elizabeth and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to the said City of Elizabeth as heretofore incorporated, with power to govern themselves by such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. New charter. Section 2. The corporate limits of the City of Elizabeth shall be as follows: The corporate limits shall extend onehalf

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mile from the center of the engine house of Frank G. North Chemical Company in Cobb County, Georgia, being the same point as the center of the engine house of the former American Marble Cutting Company, i.e., said corporate limits shall commence at the center thereof and extend one-half mile north, south, east and west in a circular fashion so as to include all the territories in all directions within one-half mile of the center of said engine house. Corporate limits. Section 3. The said City of Elizabeth, as a municipality, shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded, to buy, own, enjoy, and sell property of all kinds, and to have and use a common seal and do all other things and acts as may be necessary or needful to exercise such rights, powers, functions, privileges and immunities as ordinarily belong to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Elizabeth shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise to receive, hold, possess, enjoy and retain in perpetuity or for any term of years, or dispose of in any manner known to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said City for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with this Act, the laws and Constitution of the State of Georgia and of the United States. Incorporated. Section 4. The government of Elizabeth shall be vested in a mayor and five (5) councilmen to be called the city council to be elected as hereinafter provided. (a) The mayor shall be the chief executive officer of the city, and shall have general supervision of the affairs of said city and shall see that the laws of said city are executed and the officers of said city are faithful in the

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discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise, within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire all city employees, subject to the approval of the council, and he may discharge any city employee without the necessity of obtaining approval of the council. City council. (b) The council of the City of Elizabeth shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at a regular meeting of the council, and shall not be passed until the next regular meeting. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by a vote of four (4) members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. The council, upon the advice of the mayor, shall prescribe the compensation for all city employees. (c) The mayor may appoint annually, subject to the approval of the council, a city clerk, a city attorney, and a city treasurer, who shall serve for a term of one (1) year. In the absence of appointment, the mayor shall serve in all such capacities, except that of city attorney. The city clerk and the city treasurer may be the same person. The mayor may also appoint such other city employees as may be necessary for the efficient operation of the city, subject to the approval of council. The treasurer of said city and all other officials and employees of the city who shall sign city checks or handle city money shall be bonded in such amount as may be deemed wise by the city council.

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Section 5. The council shall meet in regular session upon the second Monday in each month, but such regular meetings may be postponed or dispensed with upon unanimous approval of the council. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as mayor pro tem., who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Meetings. Section 6. To be eligible to be mayor of Elizabeth a person shall be at least twenty-five (25) years of age, the owner of real property in the corporate limits of said city, shall have resided in the area described in section 2 of this Act for a period of at least six (6) months and shall be a registered qualified voter of the State of Georgia and of the City of Elizabeth. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Mayor. Section 7. The mayor of the city shall be compensated in a sum not to exceed fifty dollars ($50.00) a year. The members of the council shall be compensated in a sum not to exceed twenty-five dollars ($25.00) a year, payable annually. The salaries paid the mayor and members of the council the following year shall be set each year at the regular January meeting of the council, but in no event shall exceed the limit set forth above. Salaries. Section 8. After the first election for mayor and councilmen which is to be held as herein provided, and commencing on the first Wednesday in December, 1964, all elections to fill vacancies resulting from expiration of terms of the mayor and councilmen shall be conducted on the first Wednesday of December of every even-numbered year thereafter. The mayor and council shall announce the hours during which the polls shall be open on each of said election

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days at least ten (10) days prior to a holding of an election. In the event the said first Wednesday in December shall ever fall upon a legal holiday then, in that event, the election shall be held on the first day next succeeding the first Wednesday in December that is not a legal holiday. To be eligible to run for the office of mayor and councilmen of said city, a person shall qualify with the city clerk of said city for that purpose between November 1 and noon on November 15 in that particular year in which an election is to be held. Terms, etc. Section 9. In the event that the office of mayor or of any councilman of the City of Elizabeth should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election by a majority vote of the city council within thirty (30) days after the vacancy occurs and such person so elected and appointed shall, upon his taking oath and meeting the requirements of the office, serve the unexpired term to which such person was elected and appointed by the said city council or by the terms of this Act. Vacancies. Section 10. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath before any officer authorized to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Elizabeth; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath, etc. And on the first of January each year, following a regular election, the mayor and councilmen elect, shall be installed in office by taking and subscribing said oath. If any such officers fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Section 11. Should any election held in and for said city, under the provisions of this Act, result in a tie vote, then

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in that event the candidate who has been a resident of the City of Elizabeth for the longest period of time shall be elected to the office involved. Tie votes. Section 12. No person shall be allowed to vote in any election held in said city, unless he or she is eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Cobb, and unless he shall have bona fide and continuously resided within the city limits of the City of Elizabeth as a citizen thereof for at least three months next preceding said election at which he offers to vote and shall have registered as a qualified voter in the manner hereinafter provided. Electors. Section 13. There shall be established in the City of Elizabeth created by this Act a permanent registration system of the qualified voters of said city. (a) By September 1, 1965, the mayor and council of said City shall provide a suitable book or books for the permanent registration of qualified voters of said city. On or near the first page of each book of such permanent registration books shall be printed or placed the oath prescribed by subsection (c) of this section. Voter registration. (b) The clerk of said city or any deputy clerk employed in office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriff's advertisements for Cobb County are published. Said clerk or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during ten (10) days next preceding the day of any election in said city. (c) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz:

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I do solemnly swear that I am eighteen (18) years of age and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Cobb, and that I have bona fide and continuously resided in Elizabeth as a citizen thereof for three (3) months. The clerk or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex and race of each person registering. (d) No person registering as herein provided shall be required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this Section to provide a permanent registration of the qualified voters of said city. (e) Whenever any election is to be held in and for said city, the said registration books are to be closed ten (10) days next preceding such election and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the

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hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records, and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list all the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the clerk of said city, one (1) of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two (2) days before said election. (f) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (g) The City of Elizabeth shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. It shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this Section if they deem proper. Section 14. There may be established by ordinance duly passed in the City of Elizabeth created by this Act, a recorder's court which shall be clothed with all the power

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and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. (a) Said court shall be as general as necessary for the trial of offenders. A recorder, to be appointed by the mayor and council, shall preside over said court and perform the duties thereof. The recorder shall serve a term of four years, and the mayor and council shall appoint a new recorder at the end of each such four-year period. In the absence of the recorder, the mayor shall preside over said court, and in the absence of the recorder and the mayor, then the mayor pro tem. shall be the presiding officer of said court. The clerk of the city may act as clerk of the court, and the chief police officer of the city or other police officers, if there be such officers appointed, shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by order of the mayor. Recorder's court. (b) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (c) The recorder shall have the power and authority to punish for contempt by fine not exceeding twenty-five ($25.00) dollars and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding two hundred dollars ($200.00) including any costs as hereinafter provided, and to imprisonment in the prison of said city or in the common jail of Cobb County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding thirty (30) days, either or all or any part of all. All sentences may be in the alternative, and fines may

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be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced in the same manner as fines; all of which costs shall be paid into the city treasury. Said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (e) All cases made in said court shall be in the name of the City of Elizabeth; all warrants for offenses against the laws and ordinances of said city shall be signed by the recorder of the said court, or some other officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the recorder. (f) The recorder shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Cobb County for trial, to assess bail for his appearance, and to commit to the jail in Cobb County, in default of bond. (g) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff, or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (h) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called into court and his bail shall be warned to produce the body of his principal; and on failure

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to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of the city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. (i) Said court shall have full power and authority, and the council is hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 15. The mayor and councilmen shall upon approval by ordinance duly passed have power to levy and collect a tax upon all property within the limits of the municipality, provided that said tax shall not exceed one mill upon the value of said property. Taxation. Section 16. The person serving as city clerk shall serve in ex-officio capacity as tax assessor, and it shall be his duty to make a return annually for all persons owning property in the City of Elizabeth as of January 1 of each year; and the books for recording same shall be opened on the same date and closed two weeks after the tax books of Cobb County are opened and closed. Said property shall be returned on blanks furnished for that purpose at an amount not to exceed the amount established by the tax assessors of Cobb County. Tax assessors. (a) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act

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shall have the right of appeal from the same to the council of said City, provided said appeal be filed in writing with the clerk of said city within ten (10) days after the tax books are closed, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said council at its next regular meeting, unless continued for cause, and its decision shall be final. The council of said city shall have power and authority after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor if, in their opinion, it is returned and assessed below its fair market value or the value set thereon by the tax assessors of Cobb County. (b) The council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 17. The taxes of said city shall fall due on December 20 of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said city, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Taxation. Section 18. The City of Elizabeth shall have full power and authority to license and regulate in a nondiscriminatory manner, all businesses, occupations, professions, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and a

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payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish anyone conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for passage of all other rules and regulations proper in the premises. Business licenses. Section 19. (a) The City of Elizabeth shall have full power and authority in their discretion to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lands and alleys of said city; to put down curbing, cross-drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Ga. L. 1927, pp. 321-325), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code Section 68-402), provided a method for making improvements in municipalities having a population of six hundred (600) or more, is hereby adopted and made a part of this Act, provided the council upon approval by ordinance so elects, and the council of the City of Elizabeth created by this Act, is hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof. Streets, etc. (b) In all cases where street paving or repairing is contemplated on any street in said city, in which water mains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Section 20. Said City of Elizabeth shall have full power and authority to furnish water, electric lights and power,

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gas, heat for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat; to purchase or generate electric energy; and to maintain the supplying said public utility service. Utilities. With the exception of the furnishing of water and sewerage systems provided for above, the city shall not furnish any other types of utilities or perform any of the private business enterprises hereinbefore set forth unless such action shall be approved by a majority of the voters of the City of Elizabeth in an election called for said purpose. Section 21. Said City of Elizabeth shall have full power and authority to regulate and enforce the collection of and insure payment of charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: (a) By making said charges for water, electric energy, gas, heat, and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with the interest thereon, is fully paid, and further it may be provided for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. Same. (b) Said City of Elizabeth shall have full power to require prompt payment for all water, electric energy, gas,

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heat and sewer service furnished by said city; and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service, where payment is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said city, then the said city may cut off water, light, gas, heat, or sewer services which is unpaid from the premises and should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (c) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (d) The provisions of this section shall be applicable to charges for any public utility service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 22. Said city is authorized to enact any and all ordinances, rules and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the city may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also have the authority to order any changes in the construction or arrangement

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of buildings, chimneys, stove pipes or flues and to order the removal thereof when, in their judgment, the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered, and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire district. Section 23. Said City of Elizabeth may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the City for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; for the purpose of regulating the height of the buildings, fences, or other structures, or for the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontage. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission

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to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Cobb County. Provided that nothing herein shall be permitted to disturb the present location of any business now located in said city as long as said business is carried on in its present manner. Zoning. Section 24. Said City of Elizabeth shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for the condemnation of private property by town and cities as contained in Georgia Code, 1933, Section 36-201, et seq. Eminent domain. Section 25. The council of the City of Elizabeth shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of establishing, improving and maintaining a water supply system, establishing, improving and maintaining a sewerage system, a

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system of lights or electric power, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purpose. Bonds, etc. Section 26. In addition to the power and authority vested in said City of Elizabeth, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with this charter, with the Constitution and laws of the United States and of this State: Powers. (a) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city; to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; (b) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (c) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; (d) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of taxes and other executions; and for their collections and payment into the city treasury; (e) To require connections with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein.

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Section 27. The enumeration of powers contained in this Act shall be considered as restrictive; but the City of Elizabeth and the authorities of said city may exercise all powers, rights and jurisdictions herein expressly conferred, and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act or the laws of this State. Intent. Section 28. Any property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approved the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, however, that no conveyance of any property worth over one hundred dollars ($100.00) shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this section shall vary the laws regarding bond issues. Sale of property. Section 29. No employee or official of the city shall have authority to bind the city for any debts for current operating expenses to be paid at a time other than the fiscal year in which debt is incurred. All contracts or purchases exceeding five hundred dollars ($500.00) shall be on a sealed bid basis and the bids shall be opened in public. Purchases, etc. Section 30. If any portion of this Act be declared invalid, the remainder hereof and the application of such portion to other persons and circumstances shall remain unaffected. Severability.

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Section 31. In the event this Act is ratified as hereinafter provided, then on the first Tuesday in December, 1964, there shall be conducted an election for the office of mayor and five (5) councilmen of the City of Elizabeth, to be conducted by the ordinary of Cobb County. All persons desiring to qualify as condidates shall meet the residence and other qualifications hereinabove provided for and shall notify the ordinary of Cobb County who shall cause his or her name to be printed on the ballot to be submitted to the voters in said election. All persons qualified to vote for members of the General Assembly of Georgia and who reside within the city limits of the City of Elizabeth shall be eligible to vote in said election for mayor and councilmen. Such notification to the ordinary of intention to run shall be given in writing at least twenty (20) days preceding the first Tuesday in December, 1964. Persons elected to serve as mayor and councilmen shall serve in such capacities until January 1, 1966. First election. Section 32. Immediately after the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Cobb County to issue the call for an election for the purpose of submitting this Act to the voters of the City of Elizabeth for approval or rejection. The ordinary shall set the date of such election for the first Tuesday in October, 1964. The ordinary shall cause the date and purpose of the election to be published once a week for three weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words: For approval of the Act to amend, consolidate, revise and supersede the Act incorporating the Town of Elizabeth and creating a new charter for said City. Against approval of the Act to amend, consolidate, revise and supersede the Act incorporating the Town of Elizabath and creating a new charter for said City. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than

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one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Cobb County. It shall be the duty of the ordinary 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 33. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to applicable provisions of Georgia Law respecting notices of intention to introduce local legislation, notice is hereby given that there will be introduced at the May 1964 Special Session of the General Assembly an Act to amend an Act creating the town of Elizabeth (1885 Ga. L. p. 377), to establish, create, and enlarge powers, rights and area of said municipal corporation, and for other purposes. This 4th day of April, 1964. John S. Edwards Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Flournoy, Jr., who, on oath, deposes and says that he is Representative from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of said county, on the following dates: April 10, 17, 24 and May 1, 1964. /s/ Robert E. Flournoy, Jr., Representative, Cobb County.

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Sworn to and subscribed before me, this 13th day of May, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. Approved June 30, 1964. CATOOSA COUNTYBOND OF COMMISSIONER OF ROADS AND REVENUES. No. 38 (House Bill No. 26). An Act to amend an Act creating the office of commissioner of roads and revenues for Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1817), an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2293), an Act approved March 3, 1955 (Ga. L. 1955, p. 2527), an Act approved March 21, 1958 (Ga. L. 1958, p. 2716), an Act approved March 17, 1960, (Ga. L. 1960, p. 2960), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2555), so as to change the amount of the bond required of the said commissioner of roads and revenues of Catoosa County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1817), an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2293), an Act approved March 3, 1955 (Ga. L. 1955, p. 2527), an Act approved March 21, 1958 (Ga. L. 1958, p. 2716), an Act approved March 17, 1960 (Ga. L. 1960, p. 2960), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2555), is hereby amended by striking from section 7 the

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following words: twenty-five thousand dollars, and substituting in lieu thereof fifty thousand dollars, so that when so amended, section 7 shall read as follows: Section 7. Be it further enacted by the authority aforesaid, the said commissioner, before entering on the discharge of his duties as such, shall give bond, with good security (said security to be a good and solvent surety company authorized to do business in Georgia), approved by the ordinary of said county, in the sum of fifty thousand dollars, payable to ordinary of said county and his successors in office, and conditioned for faithful discharge by said commissioner of his duties and the carrying out the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the grand jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance of misfeasance in office, as well as for neglect or nonfeasance. Said commissioner is authorized to pay the annual premium due on such bond out of the public funds of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the Special Session of the General Assembly of the State of Georgia, to be held in May 1964, a bill to amend Section 24-2805, Code of Georgia Annotated, 1933, (Acts 1866, p. 17), for the purpose of changing the performance bond of the sheriff of Catoosa County, Georgia. This 20th day of April, 1964. Joe B. Tucker Representative, Catoosa County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe B. Tucker,

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who, on oath, deposes and says that he is Representative from Catoosa County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of said County, on the following dates: April 23, 30 and May 7, 1964. /s/ Joe B. Tucker Representative, Catoosa County Sworn to and subscribed before me, this 14th day of May, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved June 30, 1964. CATOOSA COUNTYBOND OF CLERK OF SUPERIOR COURT. No. 39 (House Bill No. 27). An Act to change the amount of the bond required of the clerk of the superior court of Catoosa County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In accordance with the authority set forth in Code section 24-2713 of the Code of Georgia of 1933 relating to the bonds required of clerks of the superior court, the clerk of the superior court of Catoosa County shall be required to file with the commissioner of roads and revenues of Catoosa County a surety bond in the amount of twenty-five thousand dollars ($25,000.00) conditioned upon the faithful performance of duty and the proper and timely accounting for all monies collected by him belonging to the

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county. The premium to secure such bonds shall be paid from county funds and the surety on such bonds shall be a surety company authorized to do business in the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the Special Session of the General Assembly of the State of Georgia, to be held in May 1964, a bill to amend section 24-2713, Code of Georgia, Annotated, 1933, (Ga. L. 1941, p. 374), for the purpose of changing the performance bond of the clerk of superior court of Catoosa County, Georgia. This 20th day of April, 1964. Joe B. Tucker Representative, Catoosa County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe B. Tucker, who, on oath, deposes and says that he is Representative from Catoosa County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of said County, on the following dates: April 23, 30 and May 7, 1964. /s/ Joe B. Tucker Representative, Catoosa County Sworn to and subscribed before me, this 14th day of May, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved June 30, 1964.

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CATOOSA COUNTYBOND OF SHERIFF. No. 40 (House Bill No. 28). An Act to change the amount of the bond required of the sheriff of Catoosa County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In accordance with the authority set forth in Code section 24-2805 of the Code of Georgia of 1933 relating to the bonds required of sheriffs, the sheriff of Catoosa County shall be required to give bond in the amount of fifty thousand dollars ($50,000.00), conditioned upon the faithful performance of his duties as sheriff. Such bond shall be filed in accordance with the provisions set forth in Code sections 24-2806, 24-2807, 24-2808 and 24-2809 of the Code of Georgia of 1933, and the premium to secure such bond shall be paid from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the Special Session of the General Assembly of the State of Georgia, to be held in May 1964, a bill to amend the law creating the office of commissioner of roads and revenue created February 23, 1943, (Ga. L. 1943, p. 858), for the purpose of changing the performance bond of the commissioner of roads and revenue of Catoosa County, Georgia. This 20th day of April, 1964. /s/ Joe B. Tucker Representative, Catoosa County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe B. Tucker,

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who, on oath, deposes and says that he is Representative from Catoosa County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of said County, on the following dates: April 23, 30 and May 7, 1964. /s/ Joe B. Tucker Representative, Catoosa County Sworn to and subscribed before me, this 14th day of May, 1964. /s/ Patty Sue Hurst Notary Public. (Seal). Approved June 30, 1964. TOWN OF FORT OGLETHORPEORDINANCES. No. 41 (House Bill No. 29). An Act to amend an Act incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 2810), as amended by an Act approved February 11, 1952 (Ga. L. 1952, p. 2279), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 2843), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2602), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3487), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2589), as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 2721), and as amended by an Act approved April 12, 1963 (Ga. L. 1963, p. 3486), so as to require that all ordinances be read three times before final passage by the mayor and aldermen; 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 incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 2810), as amended by an Act approved February 11, 1952 (Ga. L. 1952, p. 2279), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 2843), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2602), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3487), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2589), as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 2721), and as amended by an Act approved April 12, 1963 (Ga. L. 1963, p. 3486), is hereby amended by renumbering that section inadvertently numbered Section 5. and designated Legislative Authority by striking the figure 5 and inserting in lieu thereof the figure 4. Section 2. Said Act is further amended by striking the period immediately after the word government as such word appears in line 22 of renumbered section 4 and inserting in lieu thereof the following: , provided, however, no ordinance shall be finally passed by the said mayor and aldermen until such ordinance has been read three times on three separate days., so that when so amended said renumbered section 4 shall read as follows: Section 4. Legislative authority. Be it further enacted that said mayor and aldermen shall constitute a legislative department of and for said town and as such shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations and orders as to them may seem right and proper respecting drainage, ditches, bridges, streets, railroad crossings, street railways, motor vehicles of all types, bicycles, carriages, drays, hacks, wagons, airships, sales stables, warehouse, storehouses, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms and all other places of amusement; also garages, shops, mills, ginneries, factories,

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barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, lights and electrical companies, pertoleum products, booths, stands, tents, businesses, establishments, filling stations, common carriers, and all other matters and things whatsoever that may be by them considered necessary, or proper, or incident to the good government of said town and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preserving of peace, good order and dignity of government, provided, however, no ordinance shall be finally passed by the said Mayor and Aldermen until such ordinance has been read three times on three separate days. The enumeration of the powers herein shall not be construed as restricted to the powers above mentioned herein, but shall include all and every other thing and act necessary or incident to municipal government that shall not conflict with any special power or authority given by this Act, but shall be construed as an addition to and in aid of such powers. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the Special Session of the General Assembly of the State of Georgia, to be held in May 1964, a bill to amend the Charter of the City of Fort Oglethorpe, Georgia, approved February 17, 1949, (Ga. L. 1949, p. 703), for the purpose of changing said charter to provide for the reading of all laws and ordinances three (3) times before the passage of the same. This 20th day of April, 1964. Joe B. Tucker Representative of Catoosa County, Georgia April 23, 30, and May 7, 1964. Georgia, Fulton County.

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe B. Tucker, who, on oath, deposes and says that he is Representative from Catoosa County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of said County, on the following dates: April 23, 30 and May 7, 1964. /s/ Joe B. Tucker Representative, Catoosa County Sworn to and subscribed before me, this 14th day of May, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved June 30, 1964. CITY OF ATLANTAUNIFORMS FOR POLICE DEPARTMENT. No. 42 (House Bill No. 30). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be and the same is hereby further amended, as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County

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are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The mayor and board of aldermen shall pay to each member of the police department not less than $100 per year, in addition to all other compensation, to provide uniforms for members of the police department. The chief of police of the City of Atlanta may, in his discretion, determine that members of the police department shall be furnished uniforms in lieu of the cash payment; provided, however, that the value of the uniforms furnished or the cash payment shall be no less than $100. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the Special

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1964 session of the General Assembly of Georgia, which convenes on Monday, May 4, 1964, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 9th day of April, 1964. Henry L. Bowden, City Attorney City of Atlanta This 14 day of May, 1964. /s/ Ralph McClelland Sworn to and subscribed before me, this the 14 day of May, 1964. /s/ Wilson Brooks Notary Public, Fulton County, Georgia. Approved June 30, 1964. CITY OF ATLANTACOMPENSATION OF BOARD OF ALDERMEN. No. 43 (House Bill No. 31). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be and the same is hereby further amended, as follows:

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Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the Sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The members of the board of aldermen shall be paid a salary of $4,800.00 per annum and the president of the board of aldermen shall be paid a salary of $5,400.00 per annum, in lieu of the present salary and expense now being paid. These salaries shall be payable in monthly or more frequent installments as shall be fixed by the mayor and board of aldermen. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation.

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Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the Special 1964 session of the General Assembly of Georgia, which convenes on Monday, May 4, 1964, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 9th day of April, 1964. Henry L. Bowden City Attorney City of Atlanta This 14 day of May, 1964. /s/ Ralph McClelland Sworn to and Subscribed before me, this the 14 day of May, 1964. /s/ Wilson Brooks Notary Public, Fulton County, Georgia. Approved June 30, 1964. BACON COUNTYSHERIFF PLACED ON SALARY BASIS. No. 44 (House Bill No. 36). An Act to abolish the present method of compensating the sheriff of Bacon County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; to provide that the governing authority of Bacon County shall determine the exact salary to be paid the sheriff within a certain salary range; to provide for compensation to the sheriff for feeding county prisoners; to provide

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that all fees, costs or other emoluments of the sheriff shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for certain employees; to provide for the compensation of such employees; to provide for two automobiles and equipment; to provide for the maintenance and replacement of such automobiles; to provide for the payment of the operating expenses of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the sheriff of Bacon County, known as the fee system, is hereby abolished and in lieu thereof the sheriff shall receive an annual salary as hereinafter provided. Salary basis. Section 2. The sheriff of Bacon County shall receive an annual salary not less than $7,500.00 per annum and not more than $12,000.00 per annum, the exact amount to be determined by the governing authority of Bacon County. The sheriff shall be paid in equal monthly installments from the funds of Bacon County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, $1.50 per day to feed said prisoners. Salary. Section 3. After the effective date of this Act, the sheriff shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same to the county fiscal authority on or before the 10th day of each month next following the month in which they were collected or received. At the time of each such monthly payment, the sheriff shall also furnish the county fiscal authority a detailed, itemized statement, under oath, of all such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof. Fees.

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Section 4. The sheriff of Bacon County shall have the sole power and authority to appoint one chief deputy and one deputy clerk. The chief deputy shall be compensated in an amount not less than $4,000.00 per annum and not more than $6,000.00 per annum, the exact amount to be determined by the governing authority of Bacon County. The deputy clerk shall be compensated in an amount not less than $3,000.00 per annum and not more than $4,000.00 per annum, the exact amount to be determined by the governing authority of Bacon County. The chief deputy and deputy clerk shall be paid in equal monthly installments from the funds of Bacon County. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as chief deputy and deputy clerk and to prescribe their duties and assignments and to remove or replace such chief deputy and deputy clerk at will and within his sole discretion. Deputies. Section 5. The sheriff shall be authorized to appoint as many additional deputies as he deems necessary, but said deputies shall receive only such compensation as shall be agreed upon by a unanimous vote of the governing authority of Bacon County. Same. Section 6. Bacon County shall furnish two automobiles for the use of the sheriff and his deputies, which automobiles shall be the property of Bacon County. Such automobiles shall be used for official business and the gas, oil and upkeep of said automobiles shall be paid from the funds of Bacon County. The expenses of the office of sheriff, such as desks, paper, supplies, bullets, radio equipment, stamps, advertising and telephone, shall be furnished and paid for from the funds of Bacon County. Other usual incidentals of the sheriff's office must be approved by the governing authority of Bacon County. Automobiles etc. Section 7. The provisions of this Act shall become effective on January 1, 1965. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Special Session of the General Assembly of Georgia in May, 1964, a bill to place the sheriff of Bacon County on a salary basis in lieu of a fee basis; to provide the procedure connected therewith; and for other purposes. This 21 day of April, 1964. H. Dorsey Deen Representative of Bacon County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Dorsey Deen, who, on oath, deposes and says that he is Representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Alma Times, which is the official organ of said county, on the following dates: April 22, 29 and May 6, 1964. /s/ H. Dorsey Deen Representative, Bacon County. Sworn to and subscribed before me, this 18th day of May, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved June 30, 1964. TOWNS COUNTYSHERIFF PLACED ON SALARY BASIS. No. 45 (House Bill No. 43). An Act to abolish the present mode of compensating the sheriff of Towns County, known as the fee system; to provide in lieu thereof an annual salary; to provide that

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all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; 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 present mode of compensating the sheriff of Towns County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The sheriff shall receive an annual salary of $6,000.00, payable in equal monthly installments from the funds of Towns County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the sheriff shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The sheriff shall,

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from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Towns County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies. Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. Except as hereinafter provided, all supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Towns County. The sheriff of Towns County shall furnish his own automobile, and the cost of operating and maintaining said vehicle shall be his sole responsibility to be paid for out of the salary paid to him by Towns County. Supplies, etc. Section 6. The provisions of this Act shall become effective on January 1, 1965. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Towns. Personally appeared before the undersigned, an officer duly authorized to administer oaths, Lowell Kirby, who, being sworn, deposes and states that he is the publisher of

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the Towns County Herald, Hiawassee, Georgia, the legal organ of Towns County, and that the attached legal notice appeared in the Towns County Herald on April 3, 1964; April 10, 1964; April 17, 1964; and April 24, 1964. This the 4th day of May, 1964. /s/ Lowell Kirby Notice of Intention to Introduce Local Legislation. Notice is hereby given that I will introduce a bill in the Special Session of the May, 1964, Legislature to place the sheriff of Towns County on a salary in lieu of the present fee basis. This March 18, 1964. John Acree Representative, Towns County, Georgia. Sworn to and subscribed before me, this the 4th day of May, 1964. /s/ Jimmie R. Burger Notary Public, Georgia State at Large My Commission expires Jan. 6, 1965. (Seal). Approved June 30, 1964. CARROLL COUNTYNAMES OF MILITIA DISTRICTS. No. 46 (House Bill No. 44). An Act to change the names of certain militia districts located in Carroll County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. After the approval of this Act, the following militia districts: Militia District No. 1496 (Mandeville) Militia District No. 1436 (Flint Corner) Militia District No. 1371 (Shiloh) Militia District No. 1152 (Kansas) Militia District No. 1122 (Fairplay) Militia District No. 1006 (Smithfield) located in Carroll County, shall be renamed as follows: Militia District No. 1496 (Bowdon Junction) Militia District No. 1436 (Jake) Militia District No. 1371 (Burwell) Militia District No. 1152 (Center Point) Militia District No. 1122 (Sand Hill) Militia District No. 1006 (Kansas) Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, who after being duly sworn, deposes and says that he is editor of the Carroll County Georgian, legal organ for Carroll County, Georgia, and that the following advertisement appeared in the April 23, 30 and May 7th, 1963 issues of the same. Notice is hereby given of the intention to introduce legislation in the extraordinary session of the General Assembly of Georgia, which begins May 4, 1964, changing the name of the following militia districts in Carroll County, Georgia: Smithfield A to be changed to Kansas; Kansas to be changed to Center Point; Fair Play to Sandhill, Flynt Corner to Jake; Shiloh to Burwell; Smithfield B to Smithfield and Mandeville to Bowdon Junction.

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Said legislation to also include provisions for the election of the Justice of the Peace in the precinct to be known as Smithfield and assigning of a militia number to said district. This 15th day of May, 1964. /s/ Stanley Parkman Sworn to and subscribed before me, this 15th day of May, 1964. /s/ Mrs. Martha L. Smith, Notary Public. (Seal). Approved June 30, 1964. CITY OF JESUPCORPORATE LIMITS. No. 47 (House Bill No. 46). An Act to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38, p. 1142), as amended, so as to change the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38, p. 1142), as amended, is hereby amended by adding between section 2a and section 3 a new section to be numbered section 2b and to read as follows: Section 2b. The corporate limits of the City of Jesup shall, in addition to the above tracts, include the following described territory: Commencing at the point where the original southeastern boundary of the City of Jesup intersects with the southeastern

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edge of Younce Street; thence south 77 degrees, 25 minutes east 213.2 feet to the northwestern edge of the right-of-way of U. S. Highway 301; thence south 26 degrees, 46 minutes west 1,172.0 feet to a point located on the southeastern edge of Cedar Street; thence north 77 degrees, 25 minutes west 160 feet to a point; thence north 13 degrees, 30 minutes east 556 feet to a point; thence north 46 degrees, 25 minutes west 105 feet to a point; thence north 43 degrees, 30 minutes east 619 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Jesup intends to apply for the passage of local legislation at the 1964 special session of the General Assembly of Georgia, convening in May, 1964, to amend the charter of the City of Jesup so as to extend the corporate limits of the City of Jesup. This 14th day of April, 1964. William A. Zorn City Attorney Jesup, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James E. Warren, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wayne County Press, which is the official organ of said County, on the following dates: April 16, 23 30, 1964. /s/ James E. Warren, Representative, Wayne County.

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Sworn to and subscribed before me, this 21 day of May, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved June 30, 1964. CITY OF MOULTRIEPENALTIES FOR VIOLATING ORDINANCES. No. 48 (House Bill No. 47). An Act to amend the charter of the City of Moultrie approved March 3, 1943 (Ga. L. 1943, p. 1458) as amended, so as to change the maximum sentence which may be imposed upon an offender against the penal ordinances of the city as relates to monetary sentences, as well as sentences of imprisonment; so as to change the maximum limits which may be prescribed by the council as penalties for offenses against the ordinances of the City of Moultrie; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend the charter of the City of Moultrie approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, is hereby amended by striking from section 22 thereof the word fifty and the words one hundred, and by inserting in lieu thereof the words one hundred and the words three hundred respectively, so that when so amended said section 22 shall read as follows: Section 22. Be it further enacted, that there shall be a recorder's court in said city for the trial of all offenders against the laws or ordinances of said city, to be held by the recorder in the city hall of said city as often as may

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be necessary. In the absence or disqualification of the recorder, the mayor pro tem shall hold said court, and in the absence or disqualification of both the recorder and mayor pro tem any one of the councilmen may hold said court. Said court shall have the power to preserve order and to compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars or both. Said recorder shall have full power and authority, upon conviction of any offender against the penal ordinance of the city, to sentence such offender to labor upon the streets or chaingang of said city, or be confined in the guardhouse of said city, for a term not exceeding one hundred days, or pay a fine of three hundred dollars. Either one or more of said penalties may be imposed in the discretion of the recorder. Section 2. Said Act is further amended by striking from section 51 thereof the word fifty and the words one hundred, and by inserting in lieu thereof the words one hundred and the words three hundred respectively, so that when so amended said section 51 shall read as follows: Section 51. Be it further enacted, that said council shall have full power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinance of said city not hereinbefore provided for, and to punish offenses by imprisonment in the guardhouse of said city, or work on the chaingang of said city, for a term not exceeding one hundred days, or a fine of not exceeding three hundred dollars; the officer trying said offender may, on conviction of said offender, impose any one or all of said penalties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given of intention to apply at the Special Session of the General Assembly of Georgia to convene on May 4, 1964, for the passage of a local bill to amend An Act to create and establish a new charter for the City of

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Moultrie approved March 3, 1943 (Ga. L. 1943, pp. 1458-1498) and Acts amendatory thereof, and for other purposes. Georgia, Colquitt County. Perseonally appeared before me, the undersigned authority, duly authorized to administer oaths, Frances Allen Nussbaum, who, on oath, deposes and says that she is the publisher of the Weekly Moultrie Observer which is the official organ of said county, and that the attached copy of notice was published in the Weekly Moultrie Observer on the following dates: April 17, 1964, April 21, 1964, and May 1, 1964. /s/ Frances Allen Nussbaum Sworn to and subscribed before me, this 18th day of May, 1964. /s/ Mabel C. Potts Notary Public, Colquitt County, Georgia. My Commission expires March 19, 1968. (Seal). Approved June 30, 1964. FORSYTH COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 49 (House Bill No. 48). An Act to create a board of commissioners of roads and revenues for Forsyth County, Georgia; to provide for a chairman; to provide for elections and terms of office; to provide for qualifications and eligibility; to provide for meetings; to provide for filling vacancies; to provide for compensation; to provide for a quorum; to provide for an oath; to provide for bonds; to provide for jurisdiction and powers; to provide for a clerk; to prescribe qualifications, duties, and compensation of the clerk; to provide for bond of the clerk; to provide for the keeping

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of proper records and accounts; to designate the board as the purchasing agent for the county; to provide that certain acts shall be unlawful; to provide for posting invitation for bids on the courthouse door; to provide for a county attorney; to provide for a semi-annual audit and publication thereof; to provide that the chairman shall spend at least one day of each week in office at the county seat; to prescribe the policy for road and bridge work, including liaison with State officials; to provide for the acceptance of contributions by the county; to provide for publication of invitation for bids; to provide an effective date; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in and for the County of Forsyth a board of commissioners of roads and revenues to be elected and organized as hereinafter provided, which board of commissioners, also known as the board, shall constitute the governing authority of said county and shall exercise the powers, duties, and responsibilities specified herein and imposed upon said officers by the laws of the State of Georgia. Created. Section 2. The board established herein shall consist of three (3) members, two of whom shall be known as the commissioners and one member who shall be known as the chairman. The position of chairman shall be a separate and distinct one for the purpose of elections and shall be designated as the chairman post. There shall be an election in 1964 at the same time and under the same rules and regulations that now control the election of the clerk of the superior court and other county officers for the purpose of electing a chairman and two (2) commissioners to the board of commissioners of roads and revenues of Forsyth County. The terms of office of the chairman and commissioners shall commence on January 1, 1965, and they shall serve a term of four (4) years each and until their successors are elected and qualified. All persons elected to membership on the board in subsequent elections,

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other than elections to fill vacancies for unexpired terms, shall also be elected at the same time and under the same rules and regulations that now control the election of the clerk of the superior court and other county officers for terms of four (4) years each and until their successors are elected and qualified. Members, etc. Section 3. The chairman shall be a citizen of this State, who has attained the age of thirty (30) years and who has been a resident of Forsyth County for not less than five (5) years next preceding his election, and he shall hold no other office of the county, a municipality, or the State of Georgia during his term of office. Chairman. Section 4. Commissioners, other than the chairman, shall be citizens of this State who have attained the age of twenty-five (25) years and who have been residents of Forsyth County not less than two (2) years next preceding their election, and they shall hold no other office of the county, a municipality, or of the State of Georgia during their terms of office. Members. Section 5. The chairman of the board, before entering upon the duties of his office shall give bond to be signed by a surety company authorized to do business in this State, to be approved by the ordinary of said county, in the sum of $25,000.00, payable to the ordinary of Forsyth County and his successors in office, conditioned upon the faithful performance of his duties in carrying out the conditions thereof. The other members of the board shall likewise give bond in the sum of $10,000.00. The costs of such bonds shall be paid from the general funds of Forsyth County. The chairman and commissioners and their sureties shall be liable on said bonds for any breach thereof. Bonds. Section 6. The chairman and commissioners, before entering upon the duties of their offices, shall individually subscribe before the ordinary of Forsyth County the following oath, viz: I do solemnly swear I will faithfully and impartially perform my duties as a member of the board of commissioners of roads and revenues of Forsyth County during my continuance in office to the best of my skill and

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knowledge and to the best interests of Forsyth County. I further swear that I am not the holder of any public funds unaccounted for, so help me God. Oath Section 7. The office of chairman of the board of commissioners of roads and revenues of Forsyth County shall be considered a full-time job. Therefore, to adequately compensate said chairman for such service he shall receive a salary of six thousand ($6,000.00) dollars per annum, payable monthly out of county funds. The compensation of the other members of the board shall be twelve hundred ($1,200.00) dollars per annum, plus ten ($10.00) dollars per diem for each day spent each month in attendance of special called meetings of the board or in actual service inside or outside the county. Said compensation shall be payable monthly out of county funds. Salaries, etc. Section 8. The board shall hold a regular business meeting on the first Tuesday in each month. The board may have as many other meetings as deemed necessary for the transaction of official business, and such meetings may be called by the chairman or by the other two (2) members of the board. Meetings. Section 9. In the event a vacancy occurs on the board for any reason whatsoever other than expiration of a member's term of office, such vacancy shall be filled in the following manner. It shall be the duty of the ordinary of Forsyth County to call and hold an election not less than fifteen (15) nor more than thirty (30) days after the date such vacancy occurs, for the purpose of electing a person to serve the unexpired term; except that if the vacancy occurs within ninety (90) days from the date of the regular election to elect a successor, then no special election shall be held and the person elected at the regular election shall also serve for the unexpired term. Vacancies. Section 10. Two (2) members of the board shall constitute a quorum for the transaction of all business which may come before them. Quorum. Section 11. The board is hereby empowered and authorized to employ and engage the services of a clerk. The salary

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of said clerk shall be a minimum of two thousand four hundred ($2,400.00) dollars per annum and a maximum of three thousand six hundred ($3,600.00) dollars per annum. Said board shall have the authority to fix the salary of said clerk within such salary range. Said clerk shall perform any and all duties as directed by the board, keep all records, countersign all warrants and checks and generally do and perform all other clerical or other duties as he may be directed by the board. Before entering upon his duties, he shall give bond in the sum of three thousand ($3,000.00) dollars, conditioned upon the faithful performance of his duties and payable to the board of commissioners of roads and revenues of Forsyth County. The cost of such bond shall be paid from the general funds of Forsyth County. He shall not be vested with any judicial powers or duties and shall perform his duties as directed by the board. Clerk. Section 12. The board shall have exclusive jurisdiction and control over the following matters: in directing, controlling, and caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing, altering, or abolishing public roads, bridges, ferries, in conformity to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the tax commissioner's books and allowing the insolvent list of said county, according to law; in examining, settling, and allowing all claims against the county, according to law; in examining and auditing all claims and accounts, of officers having the care, management, keeping, collecting, or disbursment of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement and especially in the board charged with frequently examining and auditing the books of the county treasury or depository, the tax commissioner, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pass, and this may be done by the board or through certified accountants or bookkeepers employed for the purpose, and he or they may require from all such officers, subject to examination, such reports as may be necessary to keep said board fully informed at all times of the financial condition of the county; in controlling,

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calling for, and managing the convicts of the county, according to law; in making rules and regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county with the authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as authorized by law; and generally to have and exercise all powers heretofore vested in the board or ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances; in selecting and appointing all minor officers or employees of the county whose election or appointment is not otherwise provided by law, such as superintendents and guards of convicts in the public work camps, janitor of the courthouse, county physician, and health officer, tax assessors, and other officers as needed and authorized by law. All appointees of the board shall be subject to suspension or dismissal at any time, and no appointee so suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Powers. Section 13. The board shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters; a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by the board on the county treasurer or depository, for what purpose and on what fund; a cash-book, in which the clerk shall daily enter any cash item received by the board, from whom received, and for what purpose received. The board shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the public work camps of the county, including supplies, equipment, and expenses therefor, and pay of warden, guards, etc.; the board shall also keep a book of inventory of all county property, including road machinery, livestock, public work camps outfits, road-working tools, and of every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose

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custody, and in what condition, which inventory shall be carefully revised each year; and any other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to the inspection of any and all citizens of Forsyth County who may be interested in same; and shall be audited at least once a quarter by a certified public accountant. Minutes, etc. Section 14. The board of commissioners of roads and revenues of Forsyth County is hereby designated as the purchasing agent for Forsyth County. Before purchasing any material, supplies, or equipment in excess of an estimated value of three hundred ($300.00) dollars, the board shall be required to receive bids and accept the purchase of the material, supplies, or equipment of the lowest and best bidder. Invitation for bids shall be given by posting notice before the courthouse door and by publication in the official organ of Forsyth County once a week for two weeks immediately preceding the date of purchase. Said invitation for bids shall set forth therein a general description of materials, supplies, and equipment and designate the place of delivery. Supplies, etc. Provided, however, that in the purchase of any war materials, or war surplus materials that may be disposed of by the United States Government, or any governmental agency, or the State, that it shall not be necessary to secure bids, but that the board be, and is hereby vested with full authority, power, and discretion to act for the county. This proviso shall also apply to any emergency or unforeseen contingency which may arise in the operation of the county's affairs. No approval of the ordinary of said county shall ever be required to purchase any materials or equipment for the county, or in any other matters which are vested in the board of commissioner of roads and revenues of Forsyth County. Section 15. It shall be unlawful for any candidate for the board of commissioners of roads and revenues of Forsyth

Page 2232

County, or for any nomination therefor, to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or may be under the control of said board. Any person as a candidate so offending shall be ineligible to hold said office and upon conviction of any such act shall be punished as for a misdemeanor. Crimes. Section 16. It shall be unlawful for the board to contract with any person or persons related to any member of the board by blood or marriage within the third degree for any equipment, material or supplies or for any work to be done on the public roads, bridges or other works of the county, except when bids are received for equipment, material or supplies or for work to be done on public roads, bridges or other works of the county upon full specifications and due advertisement in regard thereto, and a person so related to any member of the board submits a bid and is the lowest bidder thereof. Contracts. Section 17. The board shall have the authority to retain or employ a county attorney with the authority to fix the compensation of said attorney at a sum not to exceed one hundred ($100.00) dollars per month, which shall be in full payment of all service unless in case of litigation, in which event the board shall be authorized to pay any additional sum that may be reasonable and shall also have authority to employ additional counsel to aid in such litigation, if the board deems the same to be necessary and expedient. Attorney. Section 18. The board shall have prepared semi-annually by a certified public accountant a condensed statement showing the financial condition of the county, which statement shall be published semi-annually in a newspaper having general circulation within the county, designated as the official organ of said county, with a statement in said paper that the detailed, itemized warrants and other accounts are on file in the office of the board of commissioners of roads and revenues of Forsyth County, subject to and open to the inspection by any taxpayer of said county during regular office hours. Financial statements.

Page 2233

Section 19. The chairman shall elect one regular day of each week in which he shall remain in his office at the courthouse of said county, for the transaction of public business in connection with his office, and otherwise shall devote as much time to his office as the duties of the office require. Chairman. Section 20. It shall be the duty of the board, in all roads and bridge work done in said county, to keep always in view what will be to the greater good of the greatest number, and this policy shall be uniformly observed by the board. Duties. Section 21. The board shall keep in constant touch with the office of the State Highway Department of Georgia and the office of the Director of the Bureau of Public Roads of the United States Department of Commerce, and shall secure and keep in the office of the board and familiarize itself with all bulletins and pamphlets bearing upon the subject of road building, and it shall be their duty at all times to entertain and discuss with such officers and officials theories and methods of road building. Same. Section 22. Said board may receive contributions for the improvement of public roads, bridges, or public works of the county from any other person who owns property adjacent thereto, or from any other person who may be interested in the improvement of same, or from the State Government, or from the United States Government, and such contributions when received shall be used for the improvement of same as designated by the contributor; and said board shall keep a book of accounts, which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and it shall take and file receipts of all such disbursements, and the board and its sureties on its official bond shall be liable to the ordinary of said county, for any misappropriation of any such funds, on said bond. Records, etc. Section 23. The provisions of this Act relating to the election of the board of commissioners of roads and revenues of Forsyth County, shall become effective upon passage

Page 2234

and approval of this Act. The remaining provisions shall become effective January 1, 1965. Effective dates. Section 24. 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 remain of 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 hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 25. An Act creating a board of commissioners of roads and revenues for Forsyth County, Georgia, approved August 18, 1943 (Ga. L. 1943, p. 965), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 2570), an Act approved March 18, 1957 (Ga. L. 1957, p. 3351), an Act approved March 17, 1958 (Ga. L. 1958, p. 2435), and an Act approved March 4, 1961 (Ga. L. 1961, p. 2250), is hereby repealed in its entirety. Acts repealed. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Note: This notice is being run again because during the January Session of the General Assembly, the below mentioned bill was inadvertently read by the clerk on the wrong date. In no way has this bill been altered from the one originally intended for the January session. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May 1964 Session of the General Assembly of Georgia, a Bill to abolish the present three-member board of commissioners of roads and revenues of Forsyth County; to provide the procedure connected therewith; and for other purposes.

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This 6 day of May, 1964. A. C. Smith, Forsyth County Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, A. C. Smith, 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: May 6, 13, 20, 1964. /s/ A. C. Smith Representative, Forsyth County Sworn to and subscribed before me, this 22nd day of May, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved June 30, 1964. BARROW COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES, ETC. No. 50 (House Bill No. 50). An Act to amend an Act creating a board of commissioners of roads and revenues for Barrow County approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended particularly by Acts approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), March 25, 1947 (Ga. L. 1947,

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p. 569), March 9, 1955 (Ga. L. 1955, p. 3360), February 13, 1956 (Ga. L. 1956, p. 2062), and April 5, 1961 (Ga. L. 1961, p. 2876), so as to change the compensation of the members of the board and the clerk; to provide for extra clerical help; to change the compensation of the county attorney; 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 board of commissioners of roads and revenues for Barrow County approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended particularly by Acts approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), March 25, 1947 (Ga. L. 1947, p. 569), March 9, 1955 (Ga. L. 1955, p. 3360), February 13, 1956 (Ga. L. 1956, p. 2062), and April 5, 1961 (Ga. L. 1961, p. 2876), is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. The chairman of the board shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments from the funds of Barrow County, and he shall be on a full time basis and devote himself solely to the duties of his office. The other members of the board shall be compensated in the amount of $100.00 per month, to be paid from the funds of Barrow County, and shall devote the time necessary in assisting the chairman. Salaries. The said commissioners shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the said board of commissioners at the courthouse of said county, and he shall be furnished an exclusive office for that purpose, which records shall be opened for the inspection of the public at all times during office hours and when the said board is not in session he shall perform such other duties and keep such records as required by law or may be required of him by said board, and for his services he shall receive a sum of not less than $2,600 per annum nor more than $3,200 per annum, the actual amount to be determined by the board of commissioners, payable

Page 2237

monthly by the treasurer of the said county, and with the further provision that the said clerk shall not be a member of the board of commissioners and shall give his entire time to the work of his office. The commissioners shall also be allowed $600 per annum from the funds of Barrow County for extra clerical assistance. Clerk. Section 2. Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. The commissioners shall have the authority to employ a county attorney who shall be a resident of Barrow County and who shall receive a salary of $600 per annum, payable in equal monthly installments from the funds of Barrow County. The commissioners may employ additional counsel at a price that may seem fair and reasonable when in their opinion the interests of the county shall demand it. County attorney. Section 3. The provisions of this Act shall become effective January 1, 1965. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the board of commissioners of roads and revenue of Barrow County will request the Representative of Barrow County and the State Senator of the 48th Senatorial District to introduce a bill in the 1964 extra session of the General Assembly which will convene on May 4, 1964, said bill to provide the payment of salaries of the following named county officers and abolish the method of paying said county officials on a fee basis and for amending the salary schedule of the members of the board of commissioners of roads and revenue, the clerk of said board and county attorney. The county officials to be thus placed upon salary will be clerk of superior court, sheriff, ordinary, tax collector, and tax receiver and said bill shall provide for the amount of said salaries, salaries

Page 2238

for clerical help and for other purposes. This 22nd day of April, 1964. Board of Commissioners of Roads and Revenue of Barrow County. By J. B. Lay, Chairman. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris, who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Winder News, which is the official organ of said county, on the following dates: April 22, April 29 and May 6, 1964. /s/ James W. Paris Representative, Barrow County. Sworn to and subscribed before me, this 25 day of May, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved June 30, 1964. BARROW COUNTYNAMED OFFICES PLACED ON SALARY BASIS. No. 51 (House Bill No. 51). An Act to abolish the present method of compensating the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County,

Page 2239

known as the fee system; to provide in lieu theerof annual salaries for such officers; to designate the tax collector as tag agent for Barrow County; to provide that all fees, costs, or other emoluments of each of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to specifically provide that the tax collector shall not receive any fees from the sale of motor vehicle license plates or from taxes collected in excess of a certain percentage of the tax net digest; to provide for periodic statements; to provide for the payment of operating expenses of said officers; to provide for certain employees; to provide for the compensation of such employees; 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 present method of compensating the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system, is hereby abolished and in lieu thereof annual salaries for such officers are prescribed as hereinafter provided. Salary basis. Section 2. The sheriff of Barrow County shall receive an annual salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Barrow County. The sheriff shall be allowed $7,200.00 per annum from the funds of Barrow County as compensation for a chief deputy and a deputy, both of whom shall be paid in equal monthly installments from the funds of Barrow County. The sheriff shall be allowed $4,200.00 per annum from the funds of Barrow County as compensation for a jailer and a cook, both of whom shall be paid in equal monthly installments from the funds of Barrow County. The sheriff shall have the authority to appoint a secretary, who shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $2,600.00 per annum nor more than $3,200.00 per annum. It shall be within the sole power and authority of the sheriff to prescribe the compensation of the chief deputy, deputy, jailer,

Page 2240

cook and secretary within the limitations herein provided. The county shall furnish the sheriff with two automobiles and equipment. The county shall be responsible for the operating expenses, repairs, maintenance and replacement of such automobiles and equipment. Sheriff. Section 3. The clerk of the superior court shall receive an annual salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Barrow County. The clerk of the superior court shall have the authority to appoint two secretaries, each of whom shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $2,600.00 per annum nor more than $3,200.00 per annum. It shall be within the sole power and authority of the clerk of the superior court to prescribe the compensation of both secretaries within the limitations herein provided. Clerk of superior court. Section 4. The ordinary of Barrow County shall receive an annual salary of $6,000.00 per annum payable in equal monthly installments from the funds of Barrow County. The ordinary shall have the authority to appoint a secretary who shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $2,600.00 per annum nor more than $3,200.00 per annum. It shall be within the sole power and authority of the ordinary to prescribe the compensation of such secretary within the limitations herein provided. Ordinary. Section 5. The tax collector of Barrow County shall receive an annual salary of $9,400.00 per annum, payable in equal monthly installments from the funds of Barrow County. The tax collector of Barrow County shall also be the tag agent for the State Revenue Department and he shall be responsible for the sale of motor vehicle license plates in Barrow County. The tax collector shall have the authority to appoint a secretary who shall be compensated from the funds of Barrow County in an amount not less than $2,600.00 per annum nor more than $3,200.00 per annum. It shall be within the sole power and authority of the tax collector to prescribe the compensation of such secretary within the limitations herein provided. The tax collector

Page 2241

shall also be allowed $600.00 per annum from the funds of Barrow County for extra clerical assistance. Tax collector. Section 6. The tax receiver of Barrow County shall receive an annual salary of $3,600.00 per annum payable in equal monthly installments from the funds of Barrow County. The tax receiver shall have the authority to appoint a clerk who shall be compensated in the amount of $400.00 per annum from the funds of Barrow County in a manner to be determined by the tax receiver. Tax receiver. Section 7. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices, and shall receive and hold the same in trust for said county as public monies, and shall pay the same to the county fiscal authority on or before the 10th day of each month next following the month in which they were collected or received. At the time of each such monthly payment, each of said officers shall also furnish the county fiscal authority a detailed, itemized statement, under oath, of all such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 8. It is specifically provided that the salary provided herein for the tax collector shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Tax collector.

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Section 9. It shall be within the sole power and authority of each of said officers, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, secretaries, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Duties, etc. Section 10. The necessary operating expenses of each of said offices, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, weapons and ammunition as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Barrow County. Supplies, etc. Section 11. The provisions of this Act shall become effective on January 1, 1966. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the board of commissioners of roads and revenue of Barrow County will request the Representative of Barrow County and the State Senator of the 48th Senatorial District to introduce a bill in the 1964 extra session of the General Assembly which will convene on May 4, 1964, said bill to provide the payment of salaries of the following named county officers and abolish the method of paying said county officials on a fee basis and for amending the salary schedule of the members of the board of commissioners of roads and revenue, the clerk of said board and county attorney. The county officials to be thus placed upon salary will be clerk of superior court, sheriff, ordinary, tax collector, and tax receiver and

Page 2243

said bill shall provide for the amount of said salaries, salaries for clerical help and for other purposes. This 22nd day of April, 1964. Board of Commissioners of Roads and Revenue of Barrow County. By J. B. Lay, Chairman. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris, who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Winder News, which is the official organ of said county, on the following dates: April 22, April 29 and May 6, 1964. James W. Paris, Representative, Barrow County Sworn to and subscribed before me, this 25 day of May, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved June 30, 1964. CITY OF ALMACORPORATE LIMITS. No. 52 (House Bill No. 52). An Act to amend an Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, particularly by an Act approved August 7, 1918 (Ga. L. 1918,

Page 2244

p. 526), an Act approved March 25, 1958 (Ga. L. 1958, p. 3378), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3201), so as to change the corporate limits of the City of Alma; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, particularly by an Act approved August 7, 1918 (Ga. L. 1918, p. 526), an Act approved March 25, 1958 (Ga. L. 1958, p. 3378), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3201), is hereby amended by adding a new section to be known as section 2B to read as follows: Section 2B. In addition to the territory heretofore described as the corporate limits of the City of Alma, the following described property shall likewise be and is hereby including as a part of the corporate limits of the City of Alma: All that tract or parcel of land situate, lying and being in land lot number 318 in the fifth (5th) land district of Bacon County, Georgia, and being more particularly described as follows: Beginning at a point, said point being the southwest corner of lot number 1 of what is known as Lake Lure subdivision, a copy of said subdivision plat of survey being of record in plat book #3, page 66 of the records of Bacon County, Georgia, and running thence south 1 degree 00 minutes east a distance of 469 feet to a point; running thence in a northwesterly direction along a proposed city limits line 2168 feet to a point, said point being at lands of Mrs. Lou Douglas; running thence north 14 degrees 00 minutes east a distance of 1226 feet to a point, said point being the southwest corner of Lot Number 16 of said Lake Lure subdivision as aforesaid; running thence along the present city limits line, said line being along the southerly boundary line of lots number 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, and 5

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and along the westerly boundary of lots number 4, 3, 2, and 1 to the point of beginning. All according to a plat of survey prepared by M. E. Nixon, Bacon County, Surveyor, dated May 15, 1964, same being made a part hereof by reference thereto. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. There will be introduced at the next special session of the General Assembly of Georgia, convening in May, 1964, a local bill affecting the City of Alma, Georgia, the caption of which is as follows: An act to amend the original charter of the City of Alma as amended so as to extend the city limits of Alma, Georgia along the northwestern boundary. This the 5th day of May, 1964. H. Dorsey Deen, Representative, Bacon County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Dorsey Deen, who, on oath, deposes and says that he is Representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Alma Times, which is the official organ of said county, on the following dates: May 5, 12, and 19, 1964. /s/ H. Dorsey Deen Representative, Bacon County Sworn to and subscribed before me, this 25 day of May, 1964.

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/s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved June 30, 1964. PAULDING COUNTYNAMED OFFICES PLACED ON SALARY BASIS. No. 53 (House Bill No. 53). An Act to place the clerk of the superior court, the sheriff, the ordinary and the coroner of Paulding County on a salary basis in lieu of a fee basis; to provide that all fees, costs and other emoluments of each of said offices shall become the property of the county; to provide for the collection of such fees, costs and emoluments; to provide for statements; to provide for the payment of operating expenses; to provide for deputies and other personnel; to provide for other matters relative to the foregoing; to provide an effective date; to repeal an Act providing for a clerical allowance for the ordinary of Paulding County, approved March 12, 1959 (Ga. L. 1959, p. 2558); to repeal an Act supplementing the compensation of the coroner of Paulding County, approved March 21, 1958 (Ga. L. 1958, p. 2989), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 3160); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the superior court, the sheriff, the ordinary and the coroner of Paulding County are hereby placed on a salary system in lieu of a fee system. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $8,500.00 payable in equal monthly installments from the funds of such county. Clerk of superior court.

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Section 3. The sheriff shall receive an annual salary of $8,500.00 payable in equal monthly installments from the funds of such county. Sheriff. Section 4. The ordinary shall receive an annual salary of $7,500.00 payable in equal monthly installments from the funds of such county. Ordinary. Section 5. The coroner shall receive an annual salary of $600.00 payable in equal monthly installments from the funds of such county. Coroner. Section 6. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 7. The clerk of the superior court is hereby authorized to appoint one deputy clerk, who shall be compensated in the amount of $3,000.00 per annum, and one clerk-typist, who shall be compensated in the amount of $1,500.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of such county. Clerk of superior court. Section 8. The sheriff is hereby authorized to appoint two deputy sheriffs, each of whom shall be compensated in the amount of $4,800.00 per annum, one jailer to be compensated in the amount of $2,600.00 per annum, and one cook to be compensated in the amount of $1,200.00 per

Page 2248

annum. All such compensation shall be paid in equal monthly installments from the funds of such county. Sheriff. Section 9. The ordinary is hereby authorized to appoint a clerk, who shall be compensated in the amount of $2,400.00 per annum, to be paid in equal monthly installments from the funds of such county. Ordinary. Section 10. The necessary operating expenses of each of said offices shall be paid from the funds of the county. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from the funds of the county. Supplies, etc. Section 11. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of county funds. Bonds. Section 12. An act providing for a clerical allowance for the ordinary of Paulding County, approved March 12, 1959 (Ga. L. 1959, p. 2558), is hereby repealed in its entirety. 1959 Act repealed. Section 13. An Act supplementing the compensation of the coroner of Paulding County, approved March 21, 1958 (Ga. L. 1958, p. 2989), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 3160), is hereby repealed in its entirety. 1958 Act repealed. Section 14. This Act shall become effective January 1, 1965. Effective date. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Paulding. Before me, the undersigned attesting officer, personally appeared T. E. Parker, who being duly sworn, on oath says

Page 2249

that The Dallas New Era is a newspaper having a general circulation in said county, published weekly, therein; that it is the official organ of Paulding County; and that he is publisher thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issue of the following dates: April 2, 1964, April 9, 1964, and April 16, 1964. /s/ T. E. Parker, Publisher The Dallas New Era Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May 1964 Extraordinary Session of the General Assembly of Georgia, a bill to place the clerk of superior court, the sheriff, the ordinary and the coroner of Paulding County on a salary basis; to provide for matters relative thereto; to provide an effective date; and for other purposes. This 30th day of March, 1964. George T. Bagby, Representative, Paulding County. Sworn to and subscribed before me, this 19th day of May, 1964. /s/ Evelyn T. Webster Notary Public, Georgia State at Large. My Commission expires Sept. 13, 1967. (Seal). Approved June 30, 1964. PAULDING COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES, ETC. No. 54 (House Bill No. 54). An Act to amend an Act creating the office of commissioner of roads and revenue of Paulding County to become effective January 1, 1965, approved March 6, 1962 (Ga. L.

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1962, p. 3059), so as to change the compensation of the commissioner; to provide for a clerk; to provide for expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenue of Paulding County to become effective January 1, 1965, approved March 6, 1962 (Ga. L. 1962, p. 3059), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The commissioner shall be compensated in the amount of $8,500.00 per annum to be paid in equal monthly installments from the funds of Paulding County. The commissioner shall also be reimbursed for his actual travel expenses incurred in connection with the performance of his duties, which shall include reimbursement for expenses incurred in his attendance upon meetings of the Association of County Commissioners of Georgia. Commissioner. Section 2. Said Act is further amended by striking from section 10 the following: The commissioner is hereby authorized to employ necessary personnel including a county attorney and a clerk or deputy and fix their compensation to assist in the performance of the duties imposed by this Act. However, the expense for hire of a clerk, deputy, or other clerical help in his office shall not exceed twenty-four hundred ($2400.00) dollars in any calendar year., and inserting in lieu thereof the following: The commissioner is hereby authorized to retain the services of the county attorney and fix the fees for such attorney which shall be paid from the funds of Paulding County. He is hereby authorized to employ a clerk who shall be compensated in the amount of $3,600.00 per annum

Page 2251

to be paid in equal monthly installments from the funds of Paulding County., so that when so amended section 10 shall read as follows: Section 10. The commissioner shall have and exercise all the powers which are vested by law in the judges of the inferior courts and ordinaries when sitting for county purposes except that of supplying by appointment all vacancies in county offices and in ordering elections to fill them, and is hereby expressly given complete power, authority and control relative to county matters of Paulding County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Paulding County. The commissioner is hereby authorized to retain the services of the county attorney and fix the fees for such attorney which shall be paid from the funds of Paulding County. He is hereby authorized to employ a clerk who shall be compensated in the amount of $3,600.00 per annum to be paid in equal monthly installments from the funds of Paulding County. Clerk and county attorney. Section 3. This Act shall become effective January 1, 1965. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Paulding. Before me, the undersigned attesting officer, personally appeared T. E. Parker, who being duly sworn, on oath says that The Dallas New Era is a nswepaper having a general circulation in said county, published weekly, therein; that it is the official organ of Paulding County; and that he is publisher thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issues of the following dates: April 2, 1964, April 9, 1964, and April 16, 1964. /s/ T. E. Parker The Dallas New Era

Page 2252

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May 1964 Extraordinary Session of the General Assembly of Georgia, a bill to change the compensation of the commissioner of roads and revenues of Paulding County; to provide for a clerk; to provide for expenses; to provide for other matters relative thereto; to provide an effective date; and for other purposes. This 30th day of March, 1964. George T. Bagby, Representative, Paulding County. Sworn to and subscribed before me, this 19th day of May 1964. /s/ Evelyn T. Webster, Notary Public, Georgia State at Large. My Commission expires Sept. 13, 1967. (Seal). Approved June 30, 1964. PAULDING COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 55 (House Bill No. 55). An Act to amend an Act creating the office of tax commissioner of Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), an Act approved January 19, 1959 (Ga. L. 1959, p. 2556), and an Act approved March 7, 1962 (Ga. L. 1962, p. 3213), so as to change the compensation of the tax commissioner; to provide for a clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2253

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), an Act approved January 19, 1959 (Ga. L. 1959, p. 2556), and an Act approved March 7, 1962 (Ga. L. 1962, p. 3213), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Be it further enacted by the aforesaid, that the tax commissioner of Paulding County shall be compensated in the amount of $7,500.00 per annum which shall be paid in equal monthly installments from the funds of said county. Said salary shall be the only compensation of the tax commissioner and shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Salary. The tax commissioner is hereby authorized to employ a clerk who shall be compensated in the amount of $2,400.00 per annum to be paid in equal monthly installments from the funds of said county. The tax commissioner shall pay the compensation of all other personnel in his office and all expenses of his office, except office equipment, stationery, printing and supplies. The governing authority of the county shall provide an office in the courthouse for the tax commissioner, and the tax commissioner shall keep his office open for the transaction of business connected with said office every business day the same as other county offices are kept open. Clerk, etc.

Page 2254

Section 2. This Act shall become effective January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Paulding. Before me, the undersigned attesting officer, personally appeared T. E. Parker, who being duly sworn, on oath says that The Dallas New Era is a newspaper having a general circulation in said county, published weekly, therein; that it is the official organ of Paulding County; and that he is publisher thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issues of the following dates: April 2, 1964, April 9, 1964, and April 16, 1964. /s/ T. E. Parker, Publisher The Dallas New Era Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the May 1964 Extraordinary Session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner of Paulding County; to provide for a clerk; to provide for other matters relative to the foregoing; to provide an effective date; and for other purposes. This 30th day of March, 1964. George T. Bagby, Representative, Paulding County. Sworn to and subscribed before me, this 19th day of May, 1964. /s/ Evelyn T. Webster Notary Public, Georgia State at Large. My Commission expires Sept. 13, 1967. (Seal). Approved June 30, 1964.

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CITY OF POWDER SPRINGSCORPORATE LIMITS. No. 56 (House Bill No. 56). An Act to amend an Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437), as amended, so as to change the corporate limits of the City of Powder Springs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437), as amended, is hereby amended by adding between sections 1(d) and 2 a new section to be numbered section 1(e) and to read as follows: Section 1(e). The corporate limits of the City of Powder Springs shall, in addition to the above tracts, include all that tract or parcel of land lying and being in land lots nos. 757 and 798 of the 19th district, 2nd section, Cobb County, Georgia, being all of land lot no. 757 and the north portion of land lot no. 798, and being more particularly described as follows: Beginning at the northwest corner of said land lot no. 757 and running thence east along the north line of said land lot no. 757 for a distance of 1,320 feet to the northeast corner of said land lot no. 757; running thence south along the east line of said land lots nos. 757 and 798 for a distance of 1,700 feet to a point (this being the present city limits of the City of Powder Springs, Georgia); running thence west along the present city limits of the City of Powder Springs, Georgia, for a distance of 1,320 feet to a point located on the west line of said land lot no. 798; running thence north along the west lines of said land lots nos. 798 and 757 for a distance of 1,700 feet to the northwest corner of said land lot no. 757 and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Cobb County. I Brooks P. Smith, do hereby certify that I am president of Times-Journal, Inc., publisher of The Marietta Daily Journal, the newspaper in which sheriff's advertisements appear in Cobb County, and the attached copy of Notice of Intention to Introduce Local Legislation was published in said newspaper on the following days, to-wit: April 24, May 1, and May 8, 1964. /s/ Brooks P. Smith Sworn to and subscribed before me, this 19th day of May, 1964. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My Commission Expires Sept. 14, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the special session of the General Assembly called for May 4, 1964, there will be introduced a bill to amend the charter of the City of Powder Springs (Ga. L. 1920, p. 1437 et seq.) as heretobefore amended, and for other purposes. Hubert Lindley Mayor, City of Powder Springs. Approved June 30, 1964. CITY OF HOGANSVILLETAX FOR SCHOOL PURPOSES, REFERENDUM. No. 57 (House Bill No. 57). An Act to amend the city charter of the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505) as amended, so as to authorize the mayor and council to levy an additional four mills ad valorem tax for school

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purposes; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The city charter of the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, is hereby amended by adding at the end of section 33 a new paragraph to read as follows: The mayor and council of said city shall have the right, power and authority to provide by ordinance for the levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not to exceed four tenths (.4) of one per cent (1%) upon the value of said property, for school purposes. The tax authorized herein shall be in addition to the school tax provided for above. The mayor and council shall have the right and power to pass and enforce such ordinances and laws as may be necessary to carry out the purposes herein provided or which may be essential thereto. The city shall pay the additional school tax, if any, as collected, to the school board, but shall not be responsible for any tax which is levied but not collected., so that when so amended said section 33 shall read as follows: School tax. Section 33. Property Tax, Rate: Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the city government and all expenses and liabilities of said city, except schools, the mayor and council of said city shall have full power and authority, and shall provide by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, said tax not to exceed one-half of one per cent upon the value of said property for ordinary current expenses, and said mayor and council of the said city shall have full right, power and authority, and it shall be their duty to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, at such rate on the value of said property as is fixed by the mayor and council for general tax purposes and as is provided or permitted by the Constitution and laws of Georgia, for the payment of all bonds

Page 2258

issued by said city, or which may be issued by said city, and for all bonded debts now or hereafter incurred, with interest. And said mayor and council of said city shall have the right, power and authority, and it shall be their duty to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not to exceed one-half of one per cent upon the value of said property for school purposes, as is provided by previous acts of the legislature of Georgia. And said mayor and council shall have the right and power to pass and enforce such ordinances and laws as may be necessary to carry out the purposes herein provided, or which may be essential thereto. The city shall pay the school tax as collected to the school board, but shall not be responsible for any tax levied but which is not collected. The mayor and council of said city shall have the right, power and authority to provide by ordinance for the levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not to exceed four tenths (.4) of one per cent (1%) upon the value of said property, for school purposes. The tax authorized herein shall be in addition to the school tax provided for above. The mayor and council shall have the right and power to pass and enforce such ordinances and laws as may be necessary to carry out the purposes herein provided or which may be essential thereto. The city shall pay the additional school tax, if any, as collected, to the school board, but shall not be responsible for any tax which is levied but not collected. Section 2. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be duty of the governing authority of the City of Hogansville to issue the call for an election for the purpose of submitting this Act to the qualified voters of the City of Hogansville for approval or rejection. The mayor and council shall set the date of such election for September 2, 1964; and shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date

Page 2259

thereof, in the official organ of Troup County. The ballot shall have written or printed thereon the words: For approval of the Act authorizing the Mayor and Council to levy an additional four mills ad valorem tax for school purposes. Referendum. Against approval of the Act authorizing the Mayor and Council to levy an additional four mills ad valorem tax for school purposes. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Hogansville. It shall be the duty of the mayor and council to hold and conduct such election. The mayor and council 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 mayor and council to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. 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, J. Crawford Ware, who, on oath, deposes and says that he is Representative from Troup County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News, which is the official organ of Troup County, on the following dates: May 8, 15, and 22, 1964. /s/ J. Crawford Ware, Representative, Troup County.

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Sworn to and subscribed before me, this 25th day of May, 1964. /s/ Frances S. Womack, Notary Public, Troup County, Georgia. (Seal). Notice of Local Legislation. Notice is given that legislation will be introduced at the special session of the General Assembly held in May, 1964 to amend the charter of the City of Hogansville so as to authorize the mayor and council to levy an additional four (4) mills ad valorem taxes for school purposes and to provide for a referendum thereon. Elizabeth Askew City Clerk Approved June 30, 1964. JACKSON COUNTY AIRPORT AUTHORITY ACT. No. 58 (House Bill No. 58). An Act to create and establish the Jackson County Airport Authority and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute

Page 2261

leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority, including, but not limited to, earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the County of Jackson shall be incurred in the exercise of any powers granted by this Act, to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds, securities or other obligations; to provide that such bonds, securities or other obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq.), as amended; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title This Act may be cited as the Jackson County Airport Authority Act. Section 2. Jackson County Airport Authority There is hereby created a body corporate and politic to be known as the Jackson County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority of the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority.

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Section 3. Membership The Jackson County Airport Authority shall be composed of five members who shall be appointed as herein provided. Member number one of this Authority shall be M. M. Bryan, Jr., who shall serve as a member of the Authority from the effective date of this Act until December 31, 1969, and until his successor shall have been duly appointed and qualified. Thereafter Member number one shall be named by the Board of Commissioners of Roads and Revenues of Jackson County to serve for a term of five years, ending December, 31, 1974, and until the successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Member number two of this Authority shall be J. H. Makemson, who shall serve as a member of the Authority from the effective date of this Act until December 31, 1969, and until his successor shall have been duly appointed and qualified. Thereafter Member number two shall be named by the Board of Commissioners of Roads and Revenues of Jackson County to serve for a term of five years, ending December 31, 1974, and until his successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member number three of this Authority shall be named by the Board of Commissioners of Roads and Revenues of Jackson County to serve until December 31, 1967, and until his successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member number four of this Authority shall be named by the Mayor and Council of Jefferson, Georgia, to serve until December 31, 1967, and until his successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member number five of this Authority shall be named by the Mayor of Commerce, Georgia to serve until December 31, 1965, and until his successor shall have been duly appointed and qualified. All

Page 2263

subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Section 4. Meeting The Authority shall hold their first regular meeting within thirty days after the approval of this Act, and the first regular meeting of each year thereafter shall be in January. The Authority shall meet at such times as may be necessary to transact the business coming before it. At its first meeting in January of each year thereafter, the Authority shall elect one of its members as its Chairman and another member as Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on December 31st of the year in which they were elected or until their successors are elected and qualified. Three members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall not be compensated for services rendered as members; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. Section 5. Vacancies in Office In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled by the appropriate appointing authority and the person so appointed shall serve for the remainder of the unexpired term. Section 6. Definitions As used in this Act, the following words and terms have the following meanings: (a) The word Authority shall mean the Jackson County Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving, and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such

Page 2264

facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance and operation of such airports and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable for the operation of such airports and landing fields. (c) The term cost of the project shall embrace the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations, as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leasing and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay

Page 2265

the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7. Powers The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority; (d) To appoint, select, and employ officers, agents, and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; the said Authority is further granted the authority to make contracts, leases and to execute all instruments necessary or convenient with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations

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authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 21 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose; (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) 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, except the right of eminent domain;

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(k) The Authority and the trustee acting under the trust indenture, are specifically authorized subject from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 2 and section 21 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 8. Revenue Bonds The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the Authority from time to time, shall be payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1937, p. 36 et seq.) amending the Law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

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Section 9. Form, Denominations, Registration, Place of Payment The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment or principal and interest thereof, which may be at any bank or trust company within or without the State. The Bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 10. Signatures, Seal In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary-Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Section 11. Negotiability, Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State. Section 12. Sale, Price The Authority may sell such bonds in such manner and for such price as it may determine

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to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. Section 13. Proceeds of Bonds The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, 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 purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 14. Interim Receipts and Certificates or Temporary Bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 15. Replacement of Lost or Mutilated Bonds The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 16. Conditions Precedent to Issuance, Object of Issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may

Page 2270

be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 17. Credit not Pledged Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Jackson County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not be directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 18. Trust Indenture as Security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision

Page 2271

and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchases of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchases, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indentures may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 19. To Whom Proceeds of Bonds Shall be Paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in 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 resolutions or trust indentures may provide. Section 20. Sinking Fund The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to payment of the principal

Page 2272

and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 21. Remedies of Bondholders Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenues, fees,

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tolls, and other charges for the use of the facilities and services furnished. Section 22. Refunding Bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 23. Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure of said Revenue Bond Law. The petition for validation shall also make party defendent to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Jackson County Airport Authority. Section 24. Venue and Jurisdiction Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Jackson County, Georgia,

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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 25. Interest of Bondholders Protected While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 26. Monies Received Considered Trust Funds All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 27. Purpose of the Authority Without limiting the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertaking and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 28. Rates, Charges and Revenues: Use The Authority is hereby authorized to prescribe and fix and collect

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rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects. Section 29. Rules and Regulations for Operation of Projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 30. 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 31. Liberal Construction of Act This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and of Jackson County, shall be liberally construed to effect the purposes hereof. Section 32. Effect of Partial Invalidity of Act The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 33. The effective date of this law shall be upon approval of same by the Governor. Section 34. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County.

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Personally appeared before the undersigned, a notary public in and for said State and county, Jimmy Booth, who, on oath certifies and says that he is editor of The Jackson Herald, the newspaper in which sheriff's advertisements for said county are published and that the foregoing and attached notice was duly published in said paper on the following dates: May 6, 1964; May 13, 1964 and May 20, 1964. /s/ Jimmy Booth Sworn to and subscribed before me, this 29th day of May, 1964. /s/ Jack S. Davidson, Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Extraordinary Session of the General Assembly of Georgia a bill to create and establish the Jackson County Airport Authority to provide for membership of said authority; to prescribe the duties and responsibilities of the authority; to make other provisions relative to the functioning of said authority and for other purposes. Approved June 30, 1964. EARLY COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 59 (House Bill No. 60). An Act to amend an Act creating the office of tax commissioner of Early County, Georgia, and fixing the compensation of said office, as amended by an Act approved August 9, 1929 (Ga. L. 1929, p. 599), and by an Act approved February 26, 1947 (Ga. L. 1947, p. 134), so as

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to increase the compensation of tax commissioner of Early County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Early County, Georgia, and fixing the compensation of said office, as amended by an Act approved August 9, 1929 (Ga. L. 1929, p. 599), and by an Act approved February 26, 1947 (Ga. L. 1947, p. 134) is hereby amended by striking from section 5 thereof the words and figures forty-two hundred ($4,200.00) and by inserting in lieu thereof the words and figures six thousand dollars ($6,000.00), so that when so amended said section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that the salary or compensation of such tax commissioner shall be six thousand dollars ($6,000.00) per annum, to be paid to him monthly by warrants drawn upon the county treasury by the board of commissioners of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that local legislation will be applied for at the present session of the General Assembly of Georgia to amend section 5 of the Act of the General Assembly of Georgia approved July 30, 1927, (Acts of 1927, p. 566) creating the office of tax commissioner of Early County, Georgia and fixing the compensation of said officer, as the same was amended by the Act approved August 9, 1929 (Acts of 1929, p. 599), and by the Act approved February 26, 1947 (Acts of 1947, p. 134) so as to increase the compensation of the tax commissioner of Early County, Georgia from $4,200.00 per annum to $6,000.00 per annum, so that said section 5 as amended will read: Be it further enacted by the authority aforesaid that the salary or compensation

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of such tax commissioner shall be six thousand dollars ($6,000.00) per annum, to be paid to him monthly by warrants drawn upon the county treasury by the board of commissioners of said county, to repeal conflicting laws, and for other purposes. This May 5th, 1964. Leon H. Baughman, Representative in the General Assembly of Georgia from Early County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leon H. Baughman, who, on oath, deposes and says that he is Representative from Early County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News, which is the official organ of said county, on the following dates: May 7th, 14th and 21st, 1964. /s/ Leon H. Baughman, Representative, Early County. Sworn to and subscribed before me, this 26 day of May, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved June 30, 1964. HENRY COUNTYSALARY OF SHERIFF AND CHIEF DEPUTY SHERIFF. No. 60 (House Bill No. 63). An Act to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Henry County on a salary basis in lieu of a fee system, approved March

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25, 1958 (Ga. L. 1958, p. 3127), as amended by an Act approved January 27, 1960 (Ga. L. 1960, p. 2007), so as to change the compensation of the sheriff and chief deputy sheriff of Henry County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court, and the ordinary of Henry County on a salary basis in lieu of a fee system, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended by an Act approved January 27, 1960 (Ga. L. 1960, p. 2007), 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 sheriff of Henry County shall be $9,000.00 per year to be paid monthly out of county funds. The sheriff shall be authorized to employ one chief deputy, who shall be paid a salary of $5,200.00 per year to be paid monthly out of county funds. In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. Section 2. The provisions of this Act shall become effective January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the May, 1964, Extraordinary Session of the General Assembly of Georgia, a bill to change the salary of the sheriff

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of Henry County, and his chief deputy; and for other purposes. This the 6th day of May, 1964. Ray M. Tucker, Representative, Henry County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker, who, on oath, deposes and says that he is Representative from Henry County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Weekly-Advertiser, which is the official organ of said county, on the following dates: May 7, 14 21, 1964. /s/ Ray M. Tucker, Representative, Henry County. Sworn to and subscribed before me, this 27 day of May, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved June 30, 1964. CITY OF MOULTRIECORPORATE LIMITS. No. 61 (House Bill No. 65). An Act to amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2301), so as to change the corporate limits of the City of Moultrie; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2301), is hereby amended by striking in its entirety section 2 and substitutioning in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Moultrie be such as to include and embrace therein all the area lying within the following boundary lines: Begin at the original southwest corner of land lot number 337 in the 8th land district of Colquitt County, Georgia, and from said point of beginning run east along the south line of said land lot number 337, 4250 feet, more or less, to the east margin of the right of way of the Georgia Northern Railroad, thence run in a northerly direction along the east margin of the right of way of the Georgia Northern Railroad 8220 feet, more or less, to the old south city limits line as defined in the Acts of 1943, Ga. L. 1943, pages 1458 et seq., which old south city limits line lies 5860 feet south of and parallel to a straight line running east and west through the center of the county courthouse square, thence run east along said old south city limits line 2200 feet, more or less, to the old southeast corner of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458, et seq., which point is the point of intersection of said old south city limits line with the old east city limits line, which said line was three-quarters of a mile east of and parallel to a straight line running north and south through the center of the county courthouse square, thence run north along said old east city limits line 1000 feet, more or less, to the south original lot line of land lot number 292 in the 8th land district of Colquitt County, thence run east along the south original lot lines of land lots numbers 292, 293 and 294 in the 8th land district of Colquitt County a distance of 10,575 feet, thence run north parallel with said old east city limits line a distance of 4530 feet, thence run west parallel with the south lot lines

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of said lots 294 and 293 a distance of 6000 feet, more or less, to the east original lot line of land lot number 261 in the 8th land district of Colquitt County, thence run north along the east original lot line of said land lot number 261, 4000 feet, more or less, to its intersection with an extension eastward of the old north city limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq. which line lies three-quarters of a mile north of and parallel to a straight line running east and west through the center of the county courthouse square, thence run west along said extension of the old north city limits line and the old north city limits line 8000 feet, more or less, to a point 610 feet east of the intersection of said line with the east margin of North Main Street, thence run north perpendicular to said old north city limits line 2960 feet, thence run west parallel with said old north city limits line 1100 feet, more or less, to the east margin of the old Moultrie-Sylvester State Highway, thence run in a southerly direction along the east margin of said old Moultrie-Sylvester State Highway and North Main Street extended a distance of 2550 feet, more or less, to the south margin of the right of way of the Georgia Northern Railroad, thence run in a northwesterly direction along the south margin of the right of way of the Georgia Northern Railroad 255 feet to a point which is 150 feet west of the west margin of North Main Street extended measuring perpendicular thereto, thence run south parallel with the west margin of said North Main Street extended a distance of 600 feet to a point 150 feet west of the west margin of North Main Street on said old north city limits line, thence run west along said old north city limits line to its intersection with an extension of the east margin of First Street, N.W., thence run north 0 degrees 44 minutes east 111 feet, thence run north 3 degrees 15 minutes west 387 feet, thence run in a northwesterly direction along an arc delineated by an old fence on the south margin of property of the Georgia Northern Railroad Company 405.05 feet to the south margin of property of Swift and Company, thence run north 87 degrees 38 minutes west 29 feet, thence run south 0 degrees 44 minutes west 837.3 feet to said old north city limits line, thence run west along said old north city

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limits line 435 feet, more or less to the east margin of the right of way of Moultrie-Albany State Highway Number 133, thence run northwesterly along the east margin of said State Highway Number 133 a distance of 2200 feet, thence run west parallel with said old north city limits line a distance of 4900 feet, thence run south parallel with the old west city limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., which old west city limits line was located three-quarters of a mile west of and parallel to a straight line running north and south through the center of the county courthouse square, to a point 1000 feet from the center line of the Moultrie-Camilla State Highway Number 37 measured along a line perpendicular to the center line of said highway, thence run in a northwesterly direction along a line parallel to and 1000 feet north of the center line of said Moultrie-Camilla State Highway a distance of 4150 feet, more or less, to the center line of Hamilton Road in Camilla Heights subdivision, thence run south along the center line of said Hamilton Road a distance of 1000 feet to the center line of said Moultrie-Camilla State Highway, thence continue in a southerly direction along an extension of the center line of said Hamilton Road a distance of 500 feet, thence run in a southeasterly direction along a line parallel to and 500 feet south of the center line of said Moultrie-Camilla State Highway a distance of 4800 feet, more or less, to its intersection with a line parallel to and 3400 feet west of the old west city limits line as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., thence run south along said line a distance of 6800 feet, more or less, to its intersection with the old south city limits line extended west 3400 feet, thence run in a southeasterly direction in line with the southwest corner of the Franklin subdivision, which point is on the north margin of the Moultrie-Meigs Post Road 511 feet west of the intersection of the north margin of said road and the east original lot line of land lot number 336 in the 8th land district of Colquitt County, a distance of 7200 feet, more or less, to its intersection with an extension of the north line of lands of Carlton Duggan, which point is 480 feet, more or less, from said southwest corner of the Franklin subdivision, thence run south 59 degrees

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west 559 feet, thence run south 28 degrees 30 minutes east 30 feet, thence run south 59 degrees west 30 feet to the west margin of lands of Carlton Duggan, thence run south 28 degrees 30 minutes east 270 feet to the north margin of the right of way of the Moultrie-Meigs Post Road, thence run in an easterly direction along the north margin of the right of way of said Moultrie-Meigs Post Road 508 feet, thence run southeast across said Moultrie-Meigs Post Road and along the west margin of lands of R. M. Carlton 550 feet, thence run northeast parallel with the south margin of the Moultrie-Meigs Post Road 600 feet, more or less, to the west original lot line of land lot number 337 in the 8th land district of Colquitt County, thence run south along the west original lot line of said lot 337 a distance of 3150 feet to the southwest corner of said land lot and the point of beginning; except that there shall not be included in said City of Moultrie that area encompassed within the present corporate limits of the Town of Riverside. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given of intention to apply at the Special Session of the General Assembly of Georgia to convene on May 4, 1964, for the passage of a local bill to amend An Act to create and establish a new charter for the City of Moultrie approved March 3, 1943 (Ga. L. 1943, pp. 1458-1498) and Acts amendatory thereof, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Newton, who, on oath, deposes and says that he is Representative from Colquitt County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer, which is the official organ of said county, on the following dates: April 17, 21 May 1, 1964.

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/s/ David L. Newton, Representative, Colquitt County. Sworn to and subscribed before me, this 28th day of May, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved June 30, 1964. CITY OF MARIETTACORPORATE LIMITS. No. 62 (House Bill No. 66). An Act to amend an Act entitled An Act to create a new charter for the City of Marietta, in the County of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes., approved Auggust 15, 1904 (Ga. L. 1904, p. 519), as amended, so as to change the corporate limits of the City of Marietta; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a new charter for the City of Marietta, in the County of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes., approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, is hereby amended by adding between section 2B and section 3 a new section to be numbered section 2C and to read as follows: Section 2C. In addition to that territory presently embraced within the corporate limits of the City of Marietta, the following parcels of land shall be included within the corporate limits of said city:

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Parcel No. 1. All that tract of land lying and being in land lots 213 and 214, 17th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point formed by the inter-section of the west right-of-way line of Sandtown Road with the southeast right-of-way line of Powder Springs Road, same point being the existing city limits of Marietta, thence running in a southerly direction along the west right-of-way of Sandtown Road for a distance of 1499.5 feet to a point, thence running N 87 degrees, 33 minutes west for a distance of 445.0 feet to a point, thence running N 10 degrees, 14 minutes west for a distance of 100.0 feet to a point, thence running N 15 degrees, 38 minutes west for a distance of 315.0 feet to a point, thence running in a northwesterly direction a distance of 217 feet to the west land lot line of land lot 213, thence running N 1 degree, 47 minutes west along the west land lot line for a distance of 150 feet to a point, thence N 63 degrees, 00 minutes east a distance of 169.2 feet to a point, thence running N 16 degrees, 05 minutes west a distance of 337.5 feet to the southeasterly right-of-way of Powder Springs Road, thence running N 51 degrees, 50 minutes east along said right-of-way a distance of 199.5 feet to a point, thence running N 49 degrees, 08 minutes east along said right-of-way a distance of 204.2 feet to the point of beginning. Parcel No. 2. All that tract of land lying and being in land lots 1018 and 1019, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the northwestern side of Allgood Road where the same is intersected by the northern side of Damar Road, running thence N 48 degrees, 33 minutes west a distance of 280 feet to a point, thence N 41 degrees, 27 minutes east a distance of 311 feet to a point, thence S 48 degrees, 40 minutes east a distance of 370 feet to the northwestern side of Allgood Road, thence southeasterly across Allgood Road a distance of 40 feet, more or less, to the city limits of Marietta, thence southwesterly along the

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southeastern side of Allgood Road and following the curvature thereof for a distance of 332 feet more or less, thence northwesterly across Allgood Road for a distance of 40 feet, more or less, to the point of beginning. Parcel No. 3. All that tract of land lying in land lot 1138, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point formed by the east side right-of-way line of Wallace Road and the south land lot line of land lot 1138 and the existing city limits of Marietta, thence in a northerly direction along the east side of Wallace Road for a distance of 584 feet, more or less, thence running in a westerly direction 50 feet, more or less, to the intersection of the west side of Wallace Road and the southerly side of Kenview Road; thence in a southwesterly direction following the curvature of the southeasterly side of Kenview Road for a distance of 975 feet to the intersection of the southeasterly side of Kenview Road with the west line of said land lot number 1138, thence in a southerly direction along the west line of said land lot number 1138 for a distance of 18 feet to the southwest corner of said land lot, thence in an easterly direction along the south line of said land lot number 1138 for a distance of 940 feet to the west side of Wallace Road, thence in an easterly direction 50 feet, more or less, to the point of beginning. Parcel No. 4. All that tract of land lying and being in land lots 1018, 1017, 1000 and 999, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point formed by the extension of the northeasterly right-of-way line of Damar Road across Allgood Road to the southeasterly right-of-way line of Allgood Road, to said point being the city limits of Marietta, thence in a northwesterly direction along the extension of Damar Road across Allgood Road and along the northeasterly right-of-way line of Damar Road a distance of 955 feet, more or less, to a point, said point is 468 feet southeast from the northeast intersection of Industrial Park Drive and Damar

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Road, thence N 29 degrees, 25 minutes east for a distance of 432.9 feet to the north line of land lot 1018, thence N 89 degrees, 31 minutes west along land lot line for a distance of 97.6 feet to a point, thence in a northeasterly direction for a distance of 16.3 feet to the east corner of Hubbell Metals property, thence in a northwesterly direction for a distance of 446.1 feet to a point on the easterly side of Industrial Park Drive, said point being 407.6 feet north from the intersection of Damar Road and Industrial Park Drive, thence northerly along the east and northeasterly right-of-way of Industrial Park Drive for a distance of 200 feet, more or less, to the southeast corner of W. A. Leavell property, thence in a northeasterly direction for a distance of 415 feet to the east corner of said property, thence in a northwesterly direction along the rear of said Leavell property and Earl Smith property for a distance of 216 feet to the northwest corner of Earl Smith property, thence in a northeasterly direction a distance of 95 feet to the northeast corner of Southland Pool Company property, thence in a northwesterly direction for a distance of 150 feet to the northwest corner of Southland Pool property, thence in a southwesterly direction along the westerly side of said property for a distance of 225 feet to the northeast corner of Jo-Jan Associates property, thence in a northwesterly direction a distance of 115 feet to the northwest corner of said Jo-Jan Associates property, thence in a southwesterly direction along the northwesterly side of said Jo-Jan Associates property a distance of 210 feet to the northeasterly right-of-way of Industrial Park Drive, thence in a southeasterly direction along the right-of-way of said road a distance of 265 feet to the southeast corner of Southland Pool Company property, thence in a southwesterly direction across Industrial Park Drive a distance of 50 feet, more or less, to a point on the southwesterly right-of-way of said drive, thence in a southwesterly direction along G. Reed property a distance of 520 feet, more or less, to the southwesterly side of the L N Railroad spur track, thence in a northwesterly direction along southwesterly side of said spur track a distance of 707 feet, more or less, to the north corner of Maud P. and Dwight L. Vaughan property, thence S 45 degrees, 31 minutes west a distance of 665 feet to the

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northeast right-of-way of U. S. Highway #41, thence in a southeasterly direction along the said right-ofway a distance of 800 feet, more or less, to a point, said point being 150 feet northwest of the northwesterly right-of-way of Industrial Park Drive, thence in a northeasterly direction a distance of 305 feet to a point, thence in a southeasterly direction a distance of 214.8 feet to the northwesterly right-of-way of Industrial Park Drive, thence in a southeasterly direction a distance of 50 feet to the southeasterly right-of-way of said road, thence in a southwesterly direction along right-of-way of road a distance of 160 feet, more or less, to the west corner of Atco Tire Company, thence in a southeasterly direction a distance of 385 feet, more or less, to the south corner of Atco Tire Company property, thence in a southwesterly direction a distance of 205 feet to the northeasterly right-of-way of U. S. Highway $41, thence in a southeasterly direction along said right-of-way a distance of 200 feet to a point and corner of Dasher property, thence in a northeasterly direction along said property a distance of 300 feet to a point, thence southeasterly a distance of 200 feet to the south corner of C. K. Dasher property, thence in a northeasterly direction along the southeast line of said property a distance of 500.1 feet to the southwest right-of-way line of Damar Road, thence in a southeasterly direction along the right-of-way line of said road a distance of 625 feet, more or less, to the westerly side of Allgood Road, thence in a southeasterly direction a distance of 40 feet, more or less, to the easterly right-of-way of said Allgood Road, thence in a northeasterly direction along right-of-way line a distance of 50 feet, more or less, to the point of beginning. Save and except the following tract: Beginning at the South intersection of Industrial Park Drive and Damar Road, thence in a southwesterly direction along the southeasterly right-of-way of Industrial Park Drive a distance of 130 feet, more or less, to the north corner of Atco Tire Company property, thence in a southeasterly direction along the northeasterly line of Atco Tire Company property for a distance of 345 feet, more or less, to the east corner of said Atco Tire Company property,

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thence in a northeasterly direction along the northwest line of C. K. Dasher property a distance of 140 feet, more or less, to the southwest right-of-way line of Damar Road, thence in a northwesterly direction along said right-of-way line a distance of 340 feet, more or less, to the point of beginning. Excepted tract. Parcel No. 5. All that tract of land lying and being in land lots 574, 573, 580, 581, 572, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the north line of land lot 574 and the northeast right-of-way line of U. S. Highway #41, said point being the city limits of Marietta, thence in an easterly direction along said land lot line, also city limits of Marietta, a distance of 667.7 feet to the west right-of-way of Wylie Road, thence in a southerly and southeasterly direction along right-of-way of said road a distance of 517 feet to a point, thence in a southerly direction a distance of 65.5 feet to the northerly right-of-way of New Hope Road, thence in a southerly direction to the south right-of-way of New Hope Road to the common corner being a corner of O. C. Hubert property and the northwest corner of the New Hope Methodist Church, thence in a southeasterly direction a distance of 290 feet, more or less, to a point, thence in a southeasterly direction along the south boundary of New Hope Methodist Church a distance of 320 feet, more or less, to an iron pin on the east line of land lot 574, thence southerly along the east line of land lot 574 a distance of 413 feet to the southeast corner of land lot 574 and northeast corner of land lot 573, thence south along east line of land lot 573 for a distance of 636 feet, more or less, to a point, thence N 88 degrees, 40 minutes east a distance of 392 feet to a point, thence southerly a distance of 330 feet to a point, thence N 88 degrees, 40 minutes east a distance of 72.5 feet to a point, thence S 1 degree, 30 minutes east a distance of 330 feet to a point on the south line of land lot 580, thence S 88 degrees, 40 minutes west along the south line of said land lot a distance of 278.9 feet to a point, thence said point being 189.5 feet east of the southwest corner of land lot 580, thence

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south 46 degrees, 35 minutes west a distance of 209 feet to a point on the northeast right-of-way line of U. S. Highway #41, where it is intersected by the west line of land lot 581, thence northwesterly along the northeasterly side of U. S. Highway #41 a distance of 2803 feet, more or less, to a point of beginning. Parcel No. 6. All that tract of land lying and being in land lot 1077 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the northeast side of Kennesaw Avenue 925 feet southeasterly of the intersection of the northeast side of Kennesaw Avenue with the north land lot line of said land lot 1007, as measured along the city limits line on the northeast side of Kennesaw Avenue, running thence northeasterly 302 feet to iron pin, point and corner, running thence southeasterly 232 feet to an iron pin, point and corner, running thence southwesterly 302 feet to an iron pin, point and corner located on the northeasterly side of said Kennesaw Avenue and being city limits line, running thence northwesterly along the northeasterly side of Kennesaw Avenue and city limits line 232 feet to point of beginning. Parcel No. 7. All that tract or parcel of land lying and being in land lot 214 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southeast side of the Marietta-Powder Springs Highway which is 612.5 feet southwest of the intersection of the said highway with the southwesterly side of Garrison Drive, and running thence southeasterly along the line between the southwest side of the property formerly owned by Hubert Casey and along the northeasterly side of a 12 foot alley leading to the property herein conveyed, for a distance of 100.8 feet along city limits line to a point and corner, thence northeasterly, along the southeasterly side of said Hubert Casey property and city limits line for a distance of 148 feet to a point and corner, thence southeasterly along city limits line for a distance

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of 289.5 feet to a point and corner, thence southwesterly along city limits line for a distance of 134 feet to a point and corner, thence northwesterly along city limits line for a distance of 417 feet to the southeast side of said Marietta-Powder Springs Highway, thence northeasterly, along the southeasterly side of said highway and city limits line for a distance of 12 feet to the point of beginning. Parcel No. 8. All that tract of land lying and being in land lot 1067 and 1094 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the northwesterly side of Barnes Mill Road located 5 feet northeasterly from the intersection of the northeasterly side of Baker Lane with the northwesterly side of Barnes Mill Road, thence northeasterly along the northwesterly side of said Barnes Mill Road, a distance of 299.2 feet to a point, thence N 21 degrees, 46 minutes west a distance of 366 feet, more or less, to an iron pin, said pin being city limits of Marietta, thence S 67 degrees, 18 minutes west along city limits line a distance of 214.5 feet to an iron pin, thence S 23 degrees, 35 minutes east a distance of 140.6 feet to an iron pin, thence S 68 degrees, 19 minutes west a distance of 75.7 feet to an iron pin located 5 feet east of the east side of Baker Lane, thence S 19 degrees, 25 minutes east a distance of 227.8 feet to the northwesterly side of Barnes Mill Road at the point of beginning. Parcel No. 9. All that tract or parcel of land lying and being in land lot 573, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the westerly right-of-way line of U. S. 41 four-lane highway, 638.8 feet north of the south land lot line of land lot 573, as measured along the westerly right-of-way of the U. S. 41 four-lane highway, running thence westerly for a distance of 3644 feet along city limits line to a point and corner, running thence north westerly for a distance of 531.7 feet, along city limits line, to a point

Page 2293

and corner, running thence northeasterly for a distance of 356.5 feet, along city limits line to a point and corner on the westerly right-of-way of the U. S. 41 four-lane highway, running thence southeasterly along the westerly right-of-way of the U. S. 41 four-lane highway for a distance of 559.7 feet along city limits line to the point of beginning. Parcel No. 10. All that tract of land lying and being in original land lots nos. 77, 139, 140, and 149 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin and corner located at the southeast corner of land lot 139, thence running S 89 degrees, 30 minutes west along the south land lot line of land lot 139 for a distance of 722.1 feet to an iron pin and corner, thence running N 23 degrees, 37 minutes west for a distance of 1600.8 feet to an iron pin and corner, thence running N 23 degrees, 29 minutes west for a distance of 181.6 feet to an iron pin and corner, thence running N 30 degrees, 41 minutes west for a distance of 176 feet to an iron pin and corner, thence running N 31 degrees, 01 minute west for a distance of 118 feet, more or less, to an iron pin and corner, said corner being city limits of Marietta, thence running N 30 degrees, 22 minutes west for a distance of 100 feet to an iron pin and corner located on the south side of the Marietta-Powder Springs Road right-of-way, thence running N 51 degrees, 37 minutes east along the south side of the Marietta-Powder Springs Road right-of-way for a distance of 50 feet to an iron pin and corner, thence running S 30 degrees, 41 minutes east for a distance of 102.3 feet to an iron pin and corner, thence running S 30 degrees, 41 minutes east for a distance of 130.5 feet to a concrete marker, thence running N 69 degrees, 12 minutes east for a distance of 249.7 feet to a concrete monument, thence running N 60 degrees, 04 minutes east for a distance of 172.5 feet to a concrete monument, said monument being city limits of Marietta, thence running S 66 degrees, 23 minutes east for a distance of 89.0 feet along city limits line to an iron pin and corner, thence running S 66 degrees, 22 minutes east for a distance of 105.6 feet along city limits line to an iron pin and corner, thence running S 74 degrees,

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45 minutes east for a distance of 115 feet along city limits line to an iron pin and corner, thence running S 28 degrees, 44 minutes east for a distance of 25 feet to a concrete monument, thence running S 49 degrees, 42 minutes west for a distance of 202.2 feet to a concrete monument, thence running S 48 degrees, 22 minutes east for a distance of 538.5 feet to a concrete monument, thence running N 59 degrees, 17 minutes east for a distance of 710 feet to a concrete monument located on the west side of Booth Road right-of-way, thence running S 30 degrees, 14 minutes east for a distance of 72.9 feet along the west side of the Booth Road right-of-way to an iron pin and corner, thence running S 30 degrees, 19 minutes east along the west side of the Booth Road right-of-way for a distance of 200 feet to an iron pin and corner, thence running S 24 degrees, 54 minutes east for a distance of 150 feet along the west side of Booth Road right-of-way to an iron pin and the south line of land lot 149, thence running S 87 degrees, 56 minutes west along the south line of land lot 149 for a distance of 322.0 feet to an iron pin and corner and the northwest corner of land lot 139, thence running S 2 degrees, 30 minutes east along the west line to land lot 150 the same being the east line of land lot 139 for a distance of 1326 feet to an iron pin and corner and the point of beginning. Parcel No. 11. All that tract or parcel of land lying and being in land lot 1018, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the northeasterly right-of-way of Damar Road, said beginning point is 280 feet north-westerly from the intersection of the northeast right-of-way of Damar Road and the northerly right-of-way of All-good Road, as measured along the northeasterly right-of-way of Damar Road; running thence northwesterly along the northeasterly right-of-way of Damar Road for a distance of 300 feet to a point; running thence northerly for a distance of 393 feet to a point; running thence southeasterly for a distance of 546 feet to a point; running thence south 41 degrees 27 minutes west for a distance of 311 feet

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to a point on the northeasterly right-of-way of Damar Road and the point of beginning. Parcel No. 12. All that tract or parcel of land lying and being in land lot 1018, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the northeasterly right-of-way of Damar Road 580 feet northwest of the intersection of the northerly right-of-way of Allgood Road with the northeasterly right-of-way of Damar Road, as measured along the northeasterly right-of-way of Damar Road; running thence northwesterly along the northeasterly right-of-way of Damar Road for a distance of 335 feet to a point; running thence northeasterly for a distance of 425 feet more or less to a point on the northern boundary of land lot 1018, said point being located 574 feet west of the northeast corner of land lot 1018; running thence easterly along the northern boundary of land lot 1018 for a distance of 62 feet to a point; running thence southwesterly for a distance of 582 feet to a point on the northeasterly right of way of Damar Road and the point of beginning. Parcel No. 13. All that tract or parcel of land lying and being in land lots 1017 and 1018, 16th district and second section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point in land lot 1017, at the intersection of the southerly right-of-way of Industrial Park Drive with the easterly right-of-way of U. S. 41, four lane highway; running thence north 44 degrees 25 minutes east along the southerly right-of-way of Industrial Park Drive for a distance of 205 feet to a point; running thence southeasterly parallel to the easterly right-of-way of U. S. 41, four lane highway; for a distance of 192.5 feet; running thence south 44 degrees 18 minutes west for a distance of 205 feet to a point on the easterly right-of-way of U. S. 41, four lane highway; running thence northwesterly along the easterly right-of-way of U. S. 41, four lane highway for a distance of 193 feet to the point of beginning.

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Parcel No. 14. All that tract or parcel of land lying and being in land lot 1000, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the centerline of the L N Industrial Park spurtrack; said beginning point is 475 feet southeasterly as measured along the centerline of said spurtrack from the intersection of said spurtrack with the southeasterly right-of-way of Industrial Park Drive; running thence northeasterly for a distance of 335 feet to a point on the southwesterly right-of-way of Industrial Park Drive 225 feet southeasterly as measured along the southeasterly side of Industrial Park Drive from the point where Industrial Park Drive bends in a southwesterly direction; running thence southeasterly along the southwesterly right-of-way of Industrial Park Drive for a distance of 301.3 feet to a point; running thence southwesterly for a distance of 380 feet to a point on the centerline of the L N Industrial Park spurtrack; running thence northwesterly along the center line of said spurtrack for a distance of 250 feet to the point of beginning. Parcel No. 15. All that tract or parcel of land lying and being in land lots 999 and 1000 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the westerly side of Industrial Park Drive 250 feet northerly as measured along the curvature of the westerly side of said Industrial Park Drive from its intersection with the centerline of the L N Industrial Park Spurtrack; thence northerly and northwesterly along the curvature of said Industrial Park Drive 564.3 feet to a point; thence north 59 degrees 37 minutes west along the southwesterly side of Industrial Park Drive for a distance of 158.1 feet to a point; thence north 59 degrees 20 minutes west along the southwesterly right-of-way of Industrial Park Drive for a distance of 218.3 feet to a point; thence south 41 degrees 32 minutes west for a distance of 421.5 feet to a point on the centerline of the L N Industrial Park spurtrack; running thence south 48 degrees 28 minutes

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east along the centerline of said spurtrack for a distance of 570 feet to a point; running thence north 30 degrees east for a distance of 250 feet to a point; thence south 48 degrees 28 minutes east for a distance of 300 feet to a point on the northwesterly right-of-way of Industrial Park Drive and the point of beginning. Parcel No. 16. All that tract or parcel of land lying and being in land lot 1000, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the centerline of the L N Industrial Park Spurtrack; said beginning point is 1020 feet northwesterly as measured along the centerline of said spurtrack from the intersection of said centerline with the north-westerly right of way of the Industrial Park Drive; thence running north 41 degrees 32 minutes east for a distance of 398 feet to a point on the southwesterly right-of-way of Industrial Park Drive, running thence south 39 degrees 20 minutes east along the southwesterly right-of-way of Industrial Park Drive, for a distance of 150 feet to a point; running thence southwesterly for a distance of 421.5 feet more or less to the centerline of the L N Industrial Park spurtrack; running thence northwesterly along the centerline of said spurtrack for a distance of 150 feet to the point of beginning. Parcel No. 17. All that tract or parcel of land lying and being in land lot 1000, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the centerline of the L N Industrial Park spurtrack; said beginning point is 1020 feet northwesterly as measured along the centerline of said spurtrack from the intersection of said centerline with the northwesterly right of way of Industrial Park Drive; running thence north 41 degrees 32 minutes east for a distance of 398 feet to a point on the southwesterly right-of-way of Industrial Park Drive; running thence northwesterly along the southwesterly right-of-way of Industrial Park

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Drive for a distance of 100 feet to a point; running thence southwesterly for a distance of 380 feet to a point on the centerline of the L N Industrial Park spurtrack; running thence southeasterly along the centerline of said spurtrack for a distance of 75 feet to the point of beginning. Section 2. It is specifically provided that all of that tract or parcel of land lying and being in land lots nos. 1018 and 1019 of the second section of the 16th district of Cobb County, Georgia, upon which is located the Cobb County Sprayberry high school, shall not be included within the corporate limits of the City of Marietta, Georgia. Excepted tract. 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 at the special session of the State Legislature called for May 4, 1964, that legislation will be introduced amending the charter of the City of Marietta. Ben F. Smith. Georgia, Cobb County. Personally appeared before me, an officer authorized to administer oaths, Brooks P. Smith, who after being duly sworn, deposes and says that he is the publisher of the Marietta Daily Journal, the legal organ for Cobb County, Georgia which has general circulation in the City of Marietta, Cobb County, Georgia and that the following legal advertisement appeared in the issue of said legal organ on April 10, 17 and 24th, 1964 and on May 1, 1964; Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the special session of the State Legislature called for May 4, 1964, that legislation will be introduced amending the charter of the City of Marietta, Georgia. Ben F. Smith, City Attorney. /s/ Brooks P. Smith, Publisher.

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Sworn to and subscribed before me, this 27th day of May, 1964. /s/ Miriam H. Brown, Notary Public, Cobb County, Georgia. (Seal). Approved June 30, 1964. CITY OF FRANKLINNEW CHARTER. No. 63 (House Bill No. 67). An Act to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter therefor; to provide for the general powers of said city; to provide for the responsibility of all former debts of the city; to retain all valid ordinances; to provide for the corporate limits of said city; to provide for a mayor and councilmen, their powers, duties and functions; to provide for the meetings of the city council, the eligibility requirements of the mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for runoff elections in said city; to provide for qualification and registration of voters in said city; to provide for a recorder's court in said city and the procedure in such court; to provide for ad valorem taxation by said city, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for the maintenance and establishment of utility systems in said city, and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for planning and zoning regulations in said city; to provide for condemnation of private property by said city; to authorize said city to contract debts and issue bonds; to

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expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Franklin in the County of Heard is hereby incorporated under the name and style of the City of Franklin. Said city shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, and to have and use a common seal and do all other things and acts as may be necessary or needful to exercise such rights, powers, functions, privileges and immunities as ordinarily belongs to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Franklin shall have the rights, powers and privileges to purchase, acquire by gift, lease or otherwise to receive, hold, possess, enjoy and retain in perpetuity or for any term of years, or dispose of in any manner known to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said city for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Incorporated. Section 2. The City of Franklin is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the City of Franklin as incorporated under an Act approved August 17, 1908 (Ga. L. 1908, p. 689), as amended, is now obligated. Existing obligations. Section 3. All existing, valid ordinances, rules, bylaws, regulations and resolutions of the City of Franklin not inconsistent

Page 2301

with this charter shall remain in full force and effect for the City of Franklin until altered, amended, or repealed. Existing ordinances. Section 4. The corporate limits of the City of Franklin shall extend one (1) air line mile in all directions from the center of the city square in said city. Corporate limits. Section 5. The government of the City of Franklin shall be vested in a mayor and five (5) councilmen to be called the city council to be elected as hereinafter provided. City council. (A) The mayor shall be the chief executive officer of the city; have general supervision of the affairs of the city; and shall see that the laws of said city are executed and the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire all city employees subject to the approval of the Council, and he may discharge any city employee without the necessity of obtaining approval of the Council. (B) The council of the City of Franklin shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at a regular meeting of the council, and shall not be passed until the next regular meeting. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by four (4) of the members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. The council, upon the advice of the mayor, shall prescribe the compensation for all city employees.

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(C) There shall be a recorder who shall be elected at the same time as the mayor and councilmen as provided for hereinafter. The recorder shall perform all duties usually devolving upon city clerks and city treasurers. Recorder. Section 6. The council shall meet in regular session upon the first Thursday in each month. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as a mayor pro tem. who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Meetings, etc. Section 7. To be eligible to be mayor of the City of Franklin, a person shall be at least twenty-five (25) years of age, the owner of real property in the corporate limits of said city, possess a high school education, shall have resided in the City of Franklin a period of at least two (2) years and shall be a registered, qualified voter of the State of Georgia and of the City of Franklin. To be eligible to be a member of the council of said city, a person must be at least twenty-one (21) years of age, a resident of the City of Franklin for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and the City of Franklin. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Qualifications. Section 8. The mayor and councilmen shall receive no compensation for their services. However, they shall be reimbursed for actual expenses incurred on official business of the city. The mayor and councilmen shall fix such compensation for the recorder as they shall deem wise. Compensation. Section 9. The first election for mayor and councilmen of said city held under this Act shall be held on the first Wednesday in February, 1965. At that time there shall be

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elected a mayor and five (5) councilmen and a recorder who shall take office on the first day of March immediately following their election and take the oath as prescribed hereinafter. After the first election to be held in 1965, there shall be an election on the first Wednesday in February of each odd numbered year for the mayor and the councilmen of the City of Franklin and the recorder. All persons elected at such election shall take office on March 1, next following their election and serve for a term of two (2) years, or until their successors are elected and qualified. For the regular biennial elections, a person shall qualify with the recorder of said city during the period from fifteen (15) days prior to the first Wednesday in January of each odd numbered year until twelve (12) o'clock noon on the first Wednesday in January of each odd numbered year. Before qualifying, candidates for mayor shall pay to the recorder a qualification fee of $10.00 and candidates for councilmen and recorder shall pay to the recorder a qualification fee of $5.00. Elections, terms, etc. Section 10. In the event that the office of mayor or of councilman or recorder of the City of Franklin should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than forty (40) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said city. In the event such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem. for the remainder of the term; and provided, further, in event such vacancy should occur within six (6) months prior to a regular biennial election to be held on the first Wednesday in February, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., who shall serve until such regular biennial election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. To be eligible for election in any special election authorized by this section, a person shall qualify with the recorder not less than ten (10) and not more than twenty (20) days prior to the date of the election.

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In the event that the council cannot for want of a quorum or any other reason call the elections authorized by this section, it shall be the duty of the ordinary of Heard County to issue the call for the elections. Vacancies. Section 11. The mayor and councilmen shall take office on March 1 following their election and shall be installed in their office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as Mayor or Councilman (as the case may be) of the City of Franklin; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath. Section 12. Should any election held in and for said city under the provisions of this Act result in a tie vote, then in that event, the council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Tie vote. Section 13. No person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Heard, and unless he shall have bona fide and continuously resided in said city, as a citizen thereof, for three (3) months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Electors. Section 14. There shall be established in the City of Franklin a permanent registration system of the qualified voters of said city:

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(A) By September 1, 1964, the mayor and council of said city shall provide a suitable book or books for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (C) of this section. Voter registration, etc. (B) The recorder of said city or any clerk employed in the office of said recorder, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriff's advertisements for Heard County are published. Said recorder or clerk shall keep said books open for registration of qualified voters at all times when the said recorder's office is open for business, except during the period next preceding the date of any election in said city, when all candidates in such election shall have qualified. (C) Every person, before registration, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next city election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly, from the County of Heard, and that I have bona fide and continuously resided in the City of Franklin, as a citizen thereof for three (3) months (or will have by the time of the next city election). The recorder or clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the recorder or clerk, who shall immediately thereafter enter at the places provided the age, sex and race of each person registering. (D) No person registering as herein provided, or who is now registered, shall be required to again register as a

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qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (E) Whenever any election is to be held in and for said city, the said registration books are to be closed at the time when candidates for such election may no longer qualify and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the Recorder of said city,

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one (1) of which shall be open to inspection during said Recorder's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two (2) days before said election. (F) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (G) The City of Franklin shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. It shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the recorder of said city to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 15. There may be established in the City of Franklin a mayor's or recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. Recorder's court. (A) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof unless he shall have appointed a recorder. Any recorder appointed as judge of said court shall be a member of the Bar of the Supreme Court of Georgia, unless the mayor is unable to obtain the services of an attorney to so preside, in which event any upright and intelligent person may be appointed recorder. The elected recorder of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the judge of said court.

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(B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (C) The mayor or recorder, when sitting as such court, shall have the power and authority to punish for contempt by a fine not exceeding twenty-five dollars ($25.00) and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (D) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding one hundred dollars ($100.00) and to imprisonment in the prison of said city or in the common jail of Heard County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding thrity (30) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (E) All cases made in said court shall be in the name of the City of Franklin; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue state warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the recorder, clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the mayor or the presiding officer of said court.

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(F) The mayor or recorder shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Heard County for trial, to assess bail for his appearance, and to commit to the jail of Heard County, in default of bond. (G) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this state; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (H) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said state, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his apperance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the rearrest of any defendant whose bond has forfeited.

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(I) Said court shall have full power and authority, and the council is hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 16. For the purpose of raising revenues for the support, operation and maintenance of said city and its affairs, including reserves for capital improvements, the city council shall have full power and authority to levy, assess and collect each year for such general purposes, an ad valorem tax on all property, real, personal and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said city, or owned or held therein, which may be lawfully taxed by said city, which tax shall not exceed twenty-five mills on each dollar of taxable value, and in addition such annual ad valorem tax shall be levied on each dollar of taxable value of such property, subject to taxation for bond purposes, as may be necessary to produce amounts required and sufficient to provide a sinking fund for the purpose of paying the principal and interest on the bonded indebtedness of said city as required by law. The ad valorem tax above authorized for general purposes and the bond sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose for which the tax is levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levied. Taxation. Section 17. All persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January 1, of each year; and the books for recording same shall be open on January 1 and close on April 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. Tax returns. Section 18. The mayor of said city, on or before the first regular meeting of the city council in January, shall select three (3) upright freeholders residing in said city as a board of tax assessors. Councilmen shall be eligible

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to act as tax assessors. The mayor shall fix the per diem compensation of said tax assessors, which shall not exceed eight dollars ($8.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her, or its real estate or personal property, as hereinafter required, by the first day of April in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within thirty (30) days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five (5) days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five (5) days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors, etc. (A) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the council of said city, provided said appeal be filed in writing with the recorder of said city within five (5) days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the

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amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said council at its next regular meeting, unless continued for cause, and its decision shall be final. The council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. (B) The council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereof. Section 19. The taxes of said city shall fall due on December 31 of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the recorder, and bear teste in the name of the mayor of said city. The marshal or other police officers of said city, the sheriffs, deputy sheriffs and constables of this state shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, Sections 92-4301, etc., and 92-4401. Taxation. Section 20. The City of Franklin shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, motels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and all other kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses,

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tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this state are subject to license. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Business licenses, etc. Section 21. (A) The City of Franklin shall have the full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Acts of 1927, pp. 321-335), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code Section 69-402), providing a method for making improvements in municipalities having a population of six hundred (600) or more, is hereby adopted and made a part of this Act, and the council of the City of Franklin, created by this Act, is

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hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof. Street improvements, etc. (B) In all cases where street paving or repairing is contemplated on any street in said city, in which water mains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Section 22. The City of Franklin shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Utilities. Section 23. The City of Franklin shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: (A) By making said charges for water, electric energy, gas, heat, and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, if fully paid; and further it may be provided for

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the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. Same. (B) Said city shall have full power to require a prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service, where payment in advance or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said city, then the said city may cut off water, light, gas, heat, or sewer services from the premises, and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility-service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act.

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Section 24. Said city is authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the city may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire district, etc. Section 25. (A) The City of Franklin may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of

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the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Heard County. Zoning. (B) In lieu of the above power of planning and zoning, the City of Franklin is authorized to adopt any act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 26. The City of Franklin shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or systems, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority

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to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, Section 36-301, et seq. Eminent domain. Section 27. The council of said City of Franklin shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said state, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving, and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds. Section 28. In addition to the power and authority vested in said City of Franklin, created by this Act, by the general laws of this state, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this state; Other powers. (A) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or

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outside of said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; (C) To own and regulate cemeteries and parks, either within or without said city, to establish, control, and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pools, golf links, parks and playgrounds, either within or without the corporate limits of said city; (D) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fire works and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city; (F) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal law; (H) To establish, equip, and maintain a fire department; (I) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same;

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(J) To provide, equip, and maintain a prison and chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (K) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city, and to regulate the operation thereof; (L) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (M) To lay out and open new streets and alleys in said city; and to change the grades thereof; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the Mayor's Court and in the issuance and collection of tax and other executions; and for their collection and payment into the city treasury; (O) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 29. The enumeration of powers contained in this Act shall not be considered as restrictive; but the City of Franklin and the authorities of said city may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising

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them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Intent. Section 20. No electric lights, gas, water, or other public utility plant or system, now or hereafter owned by the City of Franklin, shall ever be sold, leased or otherwise disposed of by the City of Franklin, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. L. 1925, p. 177-179) (Sections 91-90191-904 of the Code of Georgia); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, however, that nothing in this section shall vary the laws regarding bond issued. Sale of property. Section 31. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Heard County. Before me personally appeared B. T. McCutchen who being duly sworn, deposes and says that he is the Publisher of The News and Banner, and that the same is a public gazette published in the City of Franklin, in Heard County, Georgia. It is the newspaper in which the sheriff's sales of said county are published. Deponent further saith that the following notice attached hereto

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Notice. Notice is hereby given that local legislation will be introduced in the forthcoming special session of the General Assembly of Georgia, such legislation to change the charter of the City of Franklin. Truitt Davis, Representative of Heard County. has been published in said News Banner, to-wit April 3, 1964, April 10, 1964, April 17, 1964 being three publications of said notice, issued on dates aforesaid respectively. /s/ B. M. McCutchen, Publisher Sworn and subscribed before me, this..... day of May, 1964. /s/ Onnie S. Davis Notary Public, Heard County. My Commission expires July 16, 1967. (Seal). Approved June 30, 1964. CITY COURT OF STATESBOROTRIAL OF TRAFFIC VIOLATIONS. No. 64 (House Bill No. 68). An Act to amend an Act relating to the creation of the City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, so as to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties; to provide the procedure connected therewith; to fix the cost in such cases; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the creation of the City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, is hereby amended by inserting between sections 31 and 32 five new sections to be numbered 31A, 31B, 31C, 31D, and 31E to read as follows: Section 31A. No indictment or accusation shall be required against a defendant accused of violating the traffic laws of the State of Georgia, but a summons specifically setting out the charge shall be issued, and the court shall keep a docket on which shall be plainly kept the name and address of the defendant, the nature of the offense in brief, the date when brought before the court, and the final disposition of the case and the date thereof. Such dockets shall be the same as the dockets of the courts of ordinary in those counties in which courts of ordinary are authorized to handle traffic cases, and such dockets shall be paid for from the treasury of the county. Summons. Section 31B. The defendants who plead guilty or who shall be convicted of violating the traffic laws of the State of Georgia shall be required to serve sentence in such manner as is now provided for by the laws of this State in misdemeanor cases and in case a fine is imposed and paid, the officers of court (where on fee basis) shall be first paid their cost arising in such case, and after the payment of all costs, the remainder of such fine or fines shall be paid into the county treasury. The clerk of said court must pay into the county treasury by the 15th day of each month the remainder of all fines for the preceding month. Such payments must be accompanied by a list which must show thereon the name of the defendant in each case, the fine imposed in each cash, the cost in each case and to whom paid, and the balance which is being paid into the treasury. The clerk must be given a written receipt by the person receiving such funds. No officer receiving a salary will receive any fees for arresting or attending court in any case arising as a result of violations of traffic laws of the State of Georgia, but the usual fees must be assessed, and if the

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arresting officer is not entitled to the cost, the same must go to the county to which the fine is paid. Costs. Section 31C. A written record is hereby required to be kept of every case made or disposed of as a result of violations of the traffic laws of the State of Georgia and such records shall be accessible at all times for public inspection and official audit and shall be kept and remain as a part of the permanent records of the court. Records. Sections 31D. State Highway Patrolmen and other law enforcement officers of this State and law enforcement officers of Bulloch County shall have authority to prefer charges and bring offenders to trial in said court for violations of the traffic laws of the State of Georgia. Section 31E. The following schedule of costs shall apply in any case disposed of as a result of violations of traffic laws of the State of Georgia: Arresting officer, the same costs as now allowed in superior court. Warrant, if issued $1.25 Costs. Entering case on docket, receiving plea or holding trial and imposing sentence, for entire service $3.00 In case a defendant demands a trial by jury and is bound over to another court, the costs shall await the final disposition of the case. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Special Session of the General Assembly of Georgia in May 1964 a bill to amend the Act creating the City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, so as to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such

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cases in the courts of ordinary in certain counties; to provide the procedure connected therewith; to pay the cost in such cases; and for other purposes. This 4th day of May, 1964. W. Jones Lane Representative Bulloch County Paul Nessmith Representative Bulloch County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Nessmith Jones Lane, who, on oath, deposes and says that they are Representatives from Bulloch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bulloch Herald, which is the official organ of said county, on the following dates: May 7, 14 21, 1964. /s/ W. Jones Lane Representative, Bulloch County /s/ Paul E. Nessmith, Sr. Representative, Bulloch County Sworn to and subscribed before me, this 2 day of June, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved June 30, 1964.

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CITY OF STONE MOUNTAINCORPORATE LIMITS. No. 65 (House Bill No. 70). An Act to amend an Act establishing a new charter for the City of Stone Mountain, approved August 21, 1929, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that the Act set forth in the caption to this Act be, and the same is hereby further amended, as follows: Section 1. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements are published, namely: The DeKalb New Era, once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. That the corporate limits of the City of Stone Mountain be enlarged and extended so as to include and embrace within the corporate limits of the City of Stone Mountain all the territory not already within such corporate limits lying and being within the bounds and limits of that body of land lying and being in land lots 90 and 91 of the eighteenth (18th) district of DeKalb County, Georgia, and being comprised of those lands described in the following mentioned warranty deeds, to-wit: (1) Robert A. Lanford to W. R. Altman, et al, dated September 13, 1962, and recorded in deed book 1702, page 59 (DeKalb County records);

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(2) Wheat Williams to W. R. Altman, et al, dated August 23, 1962, and recorded in deed book 1691, page 460 (DeKalb County records); and (3) Clem M. Brooks to W. R. Altman, et al, dated October 11, 1963, and recorded in deed book 1818, page 248 (DeKalb County records). Section 3. All powers and authority of the City of Stone Mountain under its charter and ordinances, and all laws appertaining to said city as a municipality, are extended over and made extensive in every part of the territory included within the limits as above extended and described. The powers and authority of the officers of the city are made co-extensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the law and ordinances governing said City of Stone Mountain, power of taxing property, power of fixing and regulating business; to assess, issue executions for, and in case of default, sale of property upon which tax is due, as now prescribed by charter and the laws and ordinances of the City of Stone Mountain, the powers of all departments of the city and the governing authority of the city and all other officers of the City of Stone Mountain are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, and the laws and ordinances governing the City of Stone Mountain. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Stone Mountain and is bound for the payment of the same equally and the other territory comprising the City of Stone Mountain. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit

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on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Notice to Apply for Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being April 30, May 7 and May 14, 1964. /s/Britt Fayssoux Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Stone Mountain intends to apply for the passage of local legislation at the Special 1964 session of the General Assembly of Georgia, which convenes on Monday, May 4, 1964, to amend the charter of the City of Stone Mountain, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Stone Mountain, approved August 21, 1929, and the several Acts amendatory thereof, and for other purposes. This 24 day of April, 1964. Randolph Medlock Mayor, City of Stone Mountain Sworn to and subscribed before me, this 3 day of June, 1964. /s/ Carol E. Wheeler Notary Public, Georgia State at Large. My Commission expires Mar. 5, 1967. (Seal). Approved June 30, 1964.

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WALKER COUNTYCOMPENSATION, ETC. OF COMMISSIONER OF ROADS AND REVENUES. No. 66 (House Bill No. 72) An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved February 12, 1945 (Ga. L. 1945, p. 629), an Act approved February 15, 1951 (Ga. L. 1951, p. 3307), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2416), so as to change the salary of the commissioner; to provide provisions for an automobile for the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved February 12, 1945 (Ga. L. 1945, p. 629), an Act approved February 15, 1951 (Ga. L. 1951, p. 3307), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2416), is hereby amended by striking from section 9 the following: seven thousand dollars ($7,000.00) and substituting in lieu thereof twelve thousand five hundred dollars ($12,500.00), and by adding at the end thereof the following: After the effective date of this Act, the commissioner shall provide at his own expense his own automobile as is needed to discharge the official duties of his office, except that automobile presently being furnished to said commissioner by Walker County may be utilized by the commissioner until it shall no longer be serviceable and shall be disposed of by the commissioner. He shall continue to receive the expense allowances provided for in section 10 of this Act., so that when so amended section 9 shall read as follows: Section 9. Be it further enacted by the authority aforesaid, That the compensation of said commissioner shall not exceed twelve thousand five hundred dollars ($12,500.00)

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per annum, to be paid monthly out of the county depository or treasury. Said commissioner shall give his full time to the discharge of his duties as such. After the effective date of this Act, the commissioner shall provide at his own expense his own automobile as is need to discharge the official duties of his office, except that automobile presently being furnished to said commissioner by Walker County may be utilized by the commissioner until it shall no longer be serviceable and shall be disposed of by the commissioner. He shall continue to receive the expense allowances provided for in section 10 of this Act. Section 2. This Act shall become effective on January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the extra ordinary session of the Georgia General Assembly convening on the 4th day of May, 1964, a bill to change the compensation of the commissioner of roads and revenue of Walker County, Georgia; and for other purposes. This 5th day of May 1964. Wayne Snow, Jr. Billy Shaw Abney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr., who, on oath, deposes and says that he is Representative from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of said County on the following dates: May 2, 13 20, 1964. /s/ Wayne, Snow, Jr. Representative, Walker County

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Sworn to and subscribed before me, this 5 day of June, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large My Commission expires Oct. 6, 1964. (Seal). Approved June 30, 1964. CITY OF DOUGLASVILLECORPORATE LIMITS. No. 68 (House Bill No. 74). An Act to amend an Act creating a new charter for the City of Douglasville in the County of Douglas, approved March 1, 1937 (Ga. L. 1937, p. 1737) as amended by an Act approved March 27, 1941 (Ga. L. 1941 p. 1335), an Act approved March 27, 1941 (Ga. L. 1941, p. 1351), an Act approved February 19, 1951 (Ga. L. 1951, p. 2458), and an Act approved March 7, 1957 (Ga. L. 1957, p. 2687), so as to extend the corporate limits of said city; to repeal conflicting laws and parts of laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Douglasville in the County of Douglas, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p 1335), an Act approved March 27, 1941 (Ga. L. 1941, p. 1351), an Act approved February 19, 1951 (Ga. L. 1951, p. 2458), and an Act approved March 7, 1957 (Ga. L. 1957, p. 2687), is hereby amended by inserting therein a new section, to be denominated as section 4-B, which shall read as follows: Section 4-B. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Douglasville shall be and is hereby extended to include the following described lands:

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All that tract or parcel of land lying and being in the 1st district and 5th section of Douglas County, Georgia, and being a part of original land lot numbers 22 and 49 thereof, more particularly described as follows, to wit: Beginning at a point on the original east line of original land lot number 22 (the same also being the original west line of original land lot number 49) at the point where the same is intersected by the center line of the public road and street intersecting said original land lot numbers 22 and 49 more commonly known and distinguished as Prestley Mill Road and running thence westerly and along the center line of the said Prestley Mill Road a distance of 645 feet and to a corner; thence northwesterly a distance of 300 feet and to a corner; thence northeasterly a distance of 2095 feet and to a corner; thence southerly a distance of 1535 feet and to a corner in the center of the said Prestley Mill Road; thence westerly and along the center line of the said Prestley Mill Road a distance of 1095 feet and to a corner on the original east line of original land lot number 22 (the same also being the original west line of original land lot number 49) and the point of beginning. All as more clearly shown by the plat of survey of the same made by H. L. Sanders, Surveyor, dated May 30, 1964, said plat of survey being made a part hereof by reference thereto. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Douglas County. Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached and foregoing Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of said county, on the following dates: April 16, April 23, and April 30, 1964.

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/s/ A. A. Fowler, Jr. Representative, Douglas County Sworn to and subscribed before me, this 6th day of June, 1964. /s/ Robert J. Noland Notary Public, Douglas County, Georgia. My Commission expires January 25, 1966. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the extraordinary session of the Georgia General Assembly convening in May, 1964, a bill to amend the charter of the City of Douglasville, as amended, so as to extend the corporate limits of said city. This 14th day of April, 1964. /s/ A. A. Fowler, Jr. Representative Approved June 30, 1964. CITY OF FORSYTHUSE OF VOTING MACHINES. No. 69 (House Bill No. 77). An Act to amend an Act entitled An Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the County of Monroe, and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city and their compensation, and for other purposes., approved December 18, 1902 (Ga. L. 1902, p. 427), as amended, so as to authorize the use of voting machines

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in elections conducted within the city; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the County of Monroe, and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city and their compensation, and for other purposes., approved December 18, 1902 (Ga. L. 1902, p. 427), as amended, is hereby amended by adding between section 3 and section 4 a new section to be numbered section 3A and to read as follows: Section 3A. The City of Forsyth shall be authorized to employ the use of voting machines in any elections conducted within said city which are amenable to the use thereof. Said city is further authorized to contract for the acquisition, rental or lease of such machinery. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Monroe County. Notice is hereby given of the intentions to have introduced before the General Assembly of the State of Georgia, legislation authorizing the use of voting machines in Monroe County and the City of Forsyth. Monroe County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke, who, on oath, deposes and says that he is Representative from Monroe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

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in The Monroe Advertiser, which is the official organ of said county, on the following dates: May 7, 14 and 21, 1964. /s/ Harold G. Clarke Representative, Monroe County Sworn to and subscribed before me, this 8 day of June, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved June 30, 1964. LAURENS COUNTYAUDITS. No. 70 (House Bill No. 78). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved February 12, 1960 (Ga. L. 1960, p. 2077), so as to change the method of selection of an accountant to conduct an audit of the books of Laurens County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Laurens, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved February 12, 1960 (Ga. L. 1960, p. 2077), is hereby amended by striking section 14A in its entirety and by inserting in lieu thereof a new section 14A to read as follows:

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Section 14A. The board of commissioners shall appoint, no later than October 15th of each year, a certified public accountant or a firm of certified public accountants to audit for the current fiscal year of Laurens County, which shall be from the first day of January to the last day of December inclusive, all the books and accounts of the county officials hereinbefore named and all other county officers, officials and persons receiving or disbursing county funds. Said accountant or accountants shall audit all books, accounts vouchers, warrants, and other records of the entire county up to the first day of January of the year following his or their appointment and make a report of the findings to the judge of the superior court of the county, who shall submit the same, together with his comments, criticisms, and recommendations, to the grand jury at the first regular term of the superior court thereafter, which grand jury shall take such action, and make such presentments and recommendations thereon as it deems advisable for the best interests of the county. The board of commissioners of roads and revenues shall prescribe the amount to be paid for the services of said accountant and shall provide for the payment of such amount. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. County of Laurens, State of Georgia. Personally appeared before me, the undersigned officer in the county above authorized to administer oaths in the state and county aforesaid, W. H. Champion, who after being duly sworn makes the following statements: That he is the editor publisher of the Dublin, Georgia, Courier-Herald, a newspaper of general circulation and in which the advertising of the Laurens County sheriff is published, and, That the attached is a true and accurate copy of an advertising of notice to introduce local legislation, the said advertisements having been published on April 25th, May 2nd and 9th, 1964.

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This the 18th day of May, 1964. /s/ W. H. Champion, Editor Publisher Dublin, Ga., Courier-Herald Georgia, Laurens County. Notice is hereby given that there will be introduced at the May 4, 1964 Special Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Laurens County approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, to provide for the selection of a county auditor and for audits of the county books; to provide the procedures connected with the foregoing; and for other purposes. This 24 day of April, 1964. D. W. Knight, Jr. Wm. Malcolm Towson Representatives of Laurens County, Georgia. Sworn to and subscribed before me, this the 18th day of May, 1964. /s/ Cora Lee M. Prescott Notary Public. My Commission expires Oct. 2nd 1965. (Seal). Approved June 30, 1964. CITY OF DUBLINHOURS OF HOLDING ELECTIONS No. 71 (House Bill No. 79). An Act to amend an Act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, so as to change the hours for which the polls shall remain open for elections conducted within

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the City of Dublin; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, is hereby amended by striking from section 5 of Article II that sentence which reads as follows, The polls to all elections held in and for said city shall be open from 8 o'clock a.m. until 5 o'clock p.m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result., and substituting in lieu thereof the following, The polls for all elections held in and for said city shall be open from 7 o'clock a. m. until 7 o'clock p. m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. County of Laurens, State of Georgia. Personally appeared before me, the undersigned attesting officer authorized to administer oaths in the county and state above, W. H. Champion, who after being duly sworn, makes the following statements: That he is the editor publisher of the Dublin, Georgia, Courier-Herald, a newspaper of general circulation in which the advertisements of the sheriff of Laurens County are published, and, That the attached is a true and accurate copy of notice to introduce local legislation in the 1964 Special Session of the Georgia General Assembly, the said advertisments having been published on May 9, 16 and 23, 1964. This the 9th day of May, 1964. /s/ W. H. Champion, Editor Publisher Dublin, Georgia, Courier-Herald

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Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the May 1964 Extraordinary Session of the General Assembly of Georgia, a bill to amend the charter of the City of Dublin, so as to change the hours during which the polls shall remain open; and for other purposes. This 7th day of May, 1964. Wm. Malcolm Towson Representative, Laurens County. Sworn to and subscribed before me, this 9th day of May, 1964. /s/ Cora Lee M. Prescott Notary Public. My Commission expires October 2, 1965. (Seal). Approved June 30, 1964. MONROE COUNTY AND CITY OF FORSYTHUSE OF VOTING MACHINES. No. 72 (House Bill No. 80). An Act to authorize the use of voting machines in all elections conducted within Monroe County and the City of Forsyth; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Monroe County and the City of Forsyth are hereby authorized to use voting machines in any and all elections conducted and held therein.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Monroe County. Notice is hereby given of the intentions to have introduced before the General Assembly of the State of Georgia, legislation authorizing the use of voting machines in Monroe County and the City of Forsyth. Monroe County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke, who, on oath, deposes and says that he is Representative from Monroe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Monroe Advertiser, which is the official organ of said county, on the following dates: May 7, 14 and 21, 1964. /s/ Harold G. Clarke Representative, Monroe County. Sworn to and subscribed before me, this 10th day of June, 1964. /s/ Amelia Smith Notary Public. (Seal). Approved June 30, 1964. CITY OF ATLANTAVACANCIES ON BOARD OF ALDERMEN. No. 73 (Senate Bill No. 8). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be and the same is hereby further amended, as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the Sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. In any special elections authorized by law to fill vacancies in the membership of the board of aldermen, the governing authority of the City of Atlanta shall have the power to set a time for filing notice of candidacy and to prescribe reasonable qualifying fees from candidates. All such fees shall be paid to the city clerk for the use of the city and to help defray the cost of holding such elections. Any vacancy that occurs between such closing time of filing notice of candidacy and the date of the special election and occurring more than 15 months prior to the expiration of the term of office, shall be filled by appointment as set forth in the charter, to serve until the next State general election two years thereafter. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved June 30, 1964. See Enrolled Act for affidavit and advertisement.

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CITY OF ALPHARETTACORPORATE LIMITS, REFERENDUM. No. 74 (Senate Bill No. 10). An Act to amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), so as to change the corporate limits of said city; to provide for a referendum; to repeal an Act approved March 11, 1964 (Ga. L. 1964, p. 2988) entitled An Act to amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. Laws 1961, p. 2127), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), 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 corporate limits of the City of Alpharetta shall include all of the territory and inhabitants embraced in the following described area: The following land lot numbers shall be within the corporate limits of the City of Alpharetta, Georgia: land lot nos. 597, 600, 645, 647, 648, 693, 694, 695, 696, 697, 698, 699, 747, 748, 749, 750, 801, and 802 of the 1st district and 2nd section, also 1110, 1122, 1123, 1124, 1109, 1125, 1126, 1178, 1179, 1180, 1181, 1182, 1183, 1194, 1195, 1196, 1197, 1198, 1199, 1249, 1250, 1251, 1252, 1243, 1254, 1255, 1266, 1267, 1268, 1269, 1270, 1271, 1272, and part of land lot 1111 of the 2nd district and 2nd section of formerly Milton, now Fulton County, and more particularly described as follows: Beginning at the northwest corner of land lot 1122 and running thence north 420 feet more or less, thence east 1320

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feet more or less to the east line of said land lot 1111, thence south along east side of said lot 1111 to the northeast corner of land lot 1122, thence west along the north line of land lot 1122, 1320 feet more or less to the northwest corner of land lot 1122 and point of beginning. Section 2. Not less than 15 nor more than 45 days after the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Alpharetta to issue the call for a special election for the purpose of submitting this Act to those qualified voters of Fulton County residing in the area proposed to be annexed by this Act and to those qualified voters of Fulton County owning property in said area for approval or rejection. Said governing authority shall set the date of such election for a day not less than 20 nor more than 30 days after the date of issuance of the call. The governing authority shall cause the date and purpose of said election to be published once a week for two weeks immediately preceding the date thereof, in the newspaper in which sheriff's advertisements for Fulton County are published. The ballot shall have written or printed thereon the words: For approval of the Act to change the corporate limits of the City of Alpharetta. Referendum. Against approval of the Act to change the corporate limits of the City of Alpharetta. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Alpharetta. It shall be the duty of the governing authority to hold and conduct such election. It 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 governing authority to canvass

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the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 3. An Act approved March 11, 1964 (Ga. L. 1964, p. 2988) entitled An Act to amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes, is hereby repealed. 1964 Act repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 30, 1964. See Enrolled Act for affidavit and advertisement. CITY OF ROSWELLCORPORATE LIMITS. No. 75 (Senate Bill No. 11). An Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), an Act approved March 10, 1964 (Ga. L. 1964, p. 2791), an Act approved March 10, 1964 (Ga. L. 1964, p. 2795), and an Act approved March 10, 1964 (Ga. L. 1964, p. 2799) so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March

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4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. Laws 1961, p. 2511), an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), an Act approved March 10, 1964 (Ga. L. 1964, p. 2791), an Act approved March 10, 1964 (Ga. L. 1964, p. 2795), and an Act approved March 10, 1964 (Ga. L. 1964, p. 2799), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The corporate limits of the City of Roswell are defined to be: Beginning at the southeast corner where Vickery Creek enters the Chattahoochee River and running north along Vickery Creek, making said creek the boundary line, to the mouth of Oxbo Creek (also known as Hogwaller Creek); thence north along Oxbo Creek to a point six hundred thirtyfour (634) feet North of the south line of land lot no. 425; thence east a distance of one thousand seven hundred forty-nine (1,749) feet to an iron pin on the west side of Oxbo Road right-of-way; thence in a southerly and southeasterly direction along the west side of said Oxbo Road three hundred forty (340) feet to a point; thence east one thousand thirty-five (1,035) feet to an iron pin on the east line of land lot 463; thence north along the east line of land lot 463 one thousand four hundred thirty-seven (1,437) feet to an iron pin on the south side of Warsaw Road; thence westerly along the south side of Warsaw Road two hundred eighty-five and six tenths (285.6) feet to a point on the west side of Oxbo Road; thence in a northeasterly direction along the west side of Oxbo Road one thousand forty-three (1,043) feet to a point; said point being on the north line of land lot 489 one hundred seventeen (117) feet east of the northwest corner of land lot 489; thence west along the north lines of land lots 489, 464, and 451, two thousand three hundred thirty-three (2,333) feet to the center of Oxbo Creek; thence in a northeasterly, northerly and northwesterly direction along the center of Oxbo Creek to the center line of U. S. Highway No. 19; thence northeasterly along the center line of U. S. Highway No. 19 to the intersection of the west line of land

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lot 466 with the center line of said highway; thence north along the west line of land lots 466 and 467 one thousand three hundred eighty-three (1,383) feet, more or less, to an iron pin; thence west one thousand four hundred ten (1,410) feet, more or less, to an iron pin on the west line of land lot 448; thence south along the west line of land lot 448 to the southwest corner of land lot 448; thence west one thousand three hundred thirty-two and six tenths (1,332.6) feet along the south line of land lot 429 to the southwest corner of said land lot; thence south along the west line of land lot 428 nine hundred ninety-nine (999) feet to the old Cobb County line and the present Roswell city limits; thence westerly and northwesterly along the old Cobb County line to the east side of Minhinette Drive; thence north and northwesterly along the east and north side of Minhinette Drive one hundred fifty-five (155) feet to a point; thence northeasterly four hundred ten (410) feet to the center of Hogwaller Creek; thence westerly in the center of and along the meanderings of Hogwaller Creek eight hundred six and two tenths (806.2) feet to the east side of Crabapple Road; thence south along the east side of Crabapple Road four hundred sixty (460) feet to the old Cobb County line; thence southeasterly along the old Cobb County line to the west side of Woodstock Street; thence northwesterly along the west side of Woodstock Street six hundred twenty-five (625) feet to the center of North Coleman Road; thence west along the center of North Coleman Road one thousand one hundred four (1,104) feet to the east line of land lot 349; thence north along the east line of land lot 349 five hundred eighty-seven (587) feet, more or less, to the northeast corner of land lot 349; thence west along the north line of land lot 349 one thousand three hundred three and two tenths (1,303.2) feet to the northwest corner of land lot 349; thence south along the west line of land lot 349 one thousand three hundred twenty-eight (1,328) feet, more or less, to an iron pin at the southwest corner of land lot 349; thence east along the south line of land lot 349 one thousand three hundred three (1,303) feet, more or less, to an iron pin at the southeast corner of land lot 349; thence south along the west lines of land lots 371, 372, 373, 374, 375, 376, and 377 of the first district, second section, Fulton County,

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Georgia, to the southeast corner of land lot 342; thence west along the north line of land lot 341 one thousand three hundred forty (1,340) feet to the northwest corner of said land lot; thence south along the west lines of land lot 341 and land lot 340 to the north bank of the Chattahoochee River; thence south along the west line of land lot 340 if said west line were extended across the Chattahoocheer River to the south bank of the Chattahoochee River; thence in an eastern direction along the southern bank of the Chattahoochee River eight thousand one hundred twenty (8,120) feet, more or less, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn from the southeast corner where Vickery Creek enters into the Chattahoochee River to the south bank of the Chattahoochee River; thence north four hundred eighty (480) feet, more or less, across the Chattahoochee River to the starting point at the mouth of Vickery Creek. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 30, 1964. See Enrolled Act for affidavit and advertisement. CITY OF WINDERSUCCESSIVE TERMS FOR MAYOR, REFERENDUM. No. 76 (Senate Bill No. 15). An Act to amend an Act providing and establishing a new charter for the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act providing and establishing a new charter for the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926) as amended, is hereby amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Sec. 13. Be it further enacted, That beginning with the year 1918, the mayor shall not be eligible for re-election to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed, and the members of council shall not be eligible for re-election to the office of councilman after expiration of a second term until a period of two years shall have elapsed. Section 2. Not later than August 7, 1964, it shall be the duty of the city council of the City of Winder to issue the call for an election for the purpose of submitting this Act to the voters of the City of Winder for approval or rejection. The city council shall set the date of such election for September 9, 1964. The city council shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Barrow County. The ballot shall have written or printed thereon the words: For approval of the Act amending the Act providing and establishing a new charter for the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after the expiration of a fourth term until a period of two years shall have elapsed. Referendum. Against approval of the Act amending the Act providing and establishing a new charter for the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more

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than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Winder. It shall be the duty of the city council to hold and conduct such election. They 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 city council to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 30, 1964. See Enrolled Act for affidavit and advertisement. CITY OF ATLANTAEXCISE TAX ON LIQUORS. No. 77 (Senate Bill No. 17). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be and the same is hereby further amended, as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the Sheriff's advertisements for 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.

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Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The mayor and board of aldermen shall have full and complete power and authority to require every person, firm or corporation engaged in the business of selling spiritous, vinous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold. Said taxes shall be in addition to any and all other taxes or license fees authorized by law. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved June 30, 1964. See Enrolled Act for affidavit and advertisement. SMALL CLAIMS AND COMMITTAL COURT OF LAGRANGEREFERENDUM. No. 78 (House Bill No. 62). An Act to abolish the justice courts, the offices of justice of the peace, the office of the notary public ex-officio justice of the peace, and the office of constable in the 655th militia district of Troup County, Georgia, having within its borders the City of LaGrange, said city having a population of over twenty thousand according to the last United States census; to establish the Small Claims and Committal Court of LaGrange; to define the jurisdiction and powers of said new court; to provide for concurrent jurisdiction with the justice court; to provide for the election (and in some cases for the appointment).

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qualification, duties, powers and compensation of the judge and other officers thereof; to provide for pleadings and rules of practice and procedure therein; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after January 1, 1965, no justice of the peace shall be elected, nor shall any notary public ex-officio justice of the peace be appointed in the 655th militia district of Troup County, Georgia, said district having within its borders the City of LaGrange, said city having a population of over twenty thousand therein according to the last United States census. The offices of justice of the peace and justice courts and the office of notary public ex-officio justice of the peace and their courts are hereby abolished in said district effective January 1, 1969, or upon their death or resignation, whichever first occurs. Effective January 1, 1969, the office of constable for said militia district shall also stand abolished. Justice of Peace Courts abolished. Section 2. Effective January 1, 1965, there is hereby created in lieu of justices of the peace, notaries public ex-officio justices of the peace, justice courts and constables in the 655th militia district of Troup County, Georgia, a court to be known as the Small Claims and Committal Court of LaGrange, with civil and criminal jursdiction over and throughout said district. From and after January 1, 1965, the Small Claims and Committal Court of LaGrange created by this Act shall have such jurisdiction as is herein or may hereafter be conferred upon it and the judge thereof. Said court shall have concurrent jurisdiction with all justices of the peace, notaries public ex-officio justices of the peace and justice courts in said district from January 1, 1965 through December 31, 1968. Created. Section 3. Said court and the judge thereof shall have all powers to do all acts which justices of the peace are now or may hereafter be authorized to do under the laws of Georgia, shall have jurisdiction as to subject matter to try and dispose of all cases wherein by law jurisdiction is

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conferred upon justices of the peace and justice courts, and said jurisdiction therein shall extend to all cases wherein the principal amount shall be five hundred dollars ($500.00) or less, exclusive of costs and attorney's fees. All proceedings and procedures not limited to but including those relative to pleadings, issuance of summons and warrants, committal hearings, trial by the court, trial by jury and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this State, except as otherwise provided in this Act. Jurisdiction. Section 4. There shall be a judge of said court whose term of office shall be for four years and until his successor is duly elected and qualified. The first judge of the Small Claims and Committal Court of LaGrange shall be appointed by the Governor from a list of three names to be submitted to him by the Bar Association of Troup County. Said judge shall be appointed prior to the first day of January, 1965, and shall take office on the first day of January, 1965, for a term of four years and until his successor is duly elected and qualified. Beginning with the term commencing on January 1, 1969, all judges of said court shall be elected by the grand jury of Troup County meeting in November, 1968, and by the November term each four years thereafter, from among nominations of three qualified persons submitted to it by the Troup County Bar Association. Judge. Should a vacancy be caused by the death, resignation or incompetency of any judge, such vacancy shall be filled instanter by temporary appointment by the judge of the Civil and Criminal Court of Troup County, Georgia, and such temporary appointee shall hold office until a judge can be appointed by the Governor from a list of three names to be submitted to him by the Bar Association of Troup County. Any judge temporarily appointed to fill such vacancy or appointed to fill the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure. The election of such judge for a full term, or the appointment of such judge temporarily or for an unexpired

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term shall be entered on the minutes of the Civil and Criminal Court of Troup County, and a certified copy thereof immediately forwarded to the Governor who shall issue his commission to the judge so elected or appointed to the term to which he may have been elected or appointed. Section 5. The judge of said court at the time of his appointment or election must be at least twenty-five years of age; must be a resident of Troup County; and must have practiced law for a period of two years immediately preceding his election or appointment. Before entering upon the discharge of the duties of his office said judge shall take and subscribe before the Ordinary of Troup County the following oath: Qualifications. Oath, etc. I solemnly swear that I will administer justice as announced by the law and not of my personal determination, without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the Small Claims and Committal Court of LaGrange, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me, God., and said oath shall be immediately forwarded to the Governor and filed in the executive department. Said judge shall have authority to issue criminal warrants, to hold commitment hearings, to bind persons charged with violations of the criminal laws of Georgia over to the Superior Court of Troup County or the Civil and Criminal Court of Troup County, and generally to do and perform all acts and things which justices of the peace of this State are authorized so to do. The judge of said court shall not be permitted to engage in the practice of law. Section 6. Said court shall be held at the courthouse of Troup County or at such other adequate and convenient

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place as the commissioners of roads and revenues of said county may provide, and said commissioners of roads and revenues shall provide the necessary office, furniture, supplies, forms and books and other necessary articles and materials for the operation of said court and for keeping the dockets and records of said court. Courtroom, etc. Section 7. Except as otherwise provided it shall be the duty of the judge of said court to have his office open during the usual business hours. Hours. Section 8. The judge of said court shall receive a salary in the amount of ten thousand dollars ($10,000.00) per annum. The salary provided for herein shall be paid monthly from the treasury of Troup County out of the general funds of said county. The salary of any judge holding office as provided for herein shall not be diminished during his term of office. Judge's salary. Section 9. The judge of said court shall have the power to appoint some competent attorney, resident in Troup County, as judge pro hac vice of the Small Claims and Committal Court of LaGrange, to discharge the duties of his office temporarily when the judge of said court is unable or disqualified to discharge the duties of his office. When the appointment of such attorney as judge pro hac vice, together with his oath, which shall be the same as is required of the judge of said court, have been recorded in the office of the ordinary of said county, such judge pro hac vice may exercise all the powers of the judge of the Small Claims and Committal Court of LaGrange. His appointment may be vacated at any time by order of the judge of said court to be likewise recorded and any other competent attorney, resident of Troup County, may be appointed as judge pro hac vice as herein provided. The compensation of such judge pro hac vice provided for in this section shall be paid by the judge of the Small Claims and Committal Court of LaGrange from his salary and not from the treasury of Troup County. Judge pro hac vice. Section 10. In the event the judge of said court and the judge pro hac vice of said court are both unable or disqualified

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to preside in said court, then a judge pro hac vice may be selected by the parties to any cause pending in said court in the same manner as the parties might select a judge pro hac vice in the superior court. In the event the parties fail to select a judge pro hac vice by agreement, then the judge of the Civil and Criminal Court of Troup County, or in his absence the judge pro hac vice of said court, shall select a judge pro hac vice to preside in such matter. The compensation of such judge pro hac vice provided for in this section shall be paid by the judge of the Small Claims and Committal Court of LaGrange from his salary and not from the treasury of Troup County. Same. Section 11. The judge of said court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State, except the power and authority of the judge of said court to punish as for contempt of said court shall not exceed a fine of $100.00 or imprisonment for ten days in jail, either or both in the discretion of the court, and the matters, acts and things which may be held by said court to be contempt of court shall be the same as are now prescribed within the jurisdiction of the superior courts of the State. Contempt, etc. Section 12. The judge of said court shall be subject to removal from office for the same causes and under the same rules as now or hereafter provided by law for the removal of justices of the peace, except that the indictment of the judge shall operate to suspend him from office. If he shall be convicted, he shall be removed from office by the superior court and shall not receive any salary from the time of his indictment. If he shall be acquitted, he shall be restored to his office as though no indictment had been returned against him, with full salary from the time of his indictment. Removal of judge. Section 13. The judge of said court shall give bond with good security for the faithful performance of his duties as judge of said court in the sum of $8,000.00. Said bond shall be payable to the Governor, shall be approved by the judge of the Civil and Criminal Court of Troup County, and shall be entered on the minutes of said court. Bond.

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Section 14. The judge of the Small Claims and Committal Court of LaGrange shall have the power to appoint a clerk for said court, and, subject to approval of the Board of Commissioners of Roads and Revenues of Troup County, Georgia, to appoint deputy clerks for said court, the duties of which shall be prescribed by the judge of said court and this Act. The clerk of said court and each deputy clerk shall make a bond with good security in the amount of $5,000.00 for the faithful discharge of their duties. Said bond shall be payable to the Governor; shall be approved by the judge of the Civil and Criminal Court of Troup County, and shall be entered on the minutes of said court. The clerk or deputy clerks shall hold office at the will of the judge of the Small Claims and Committal Court of LaGrange. The appointment of such clerk or deputy clerks shall be recorded in the ordinary's office of Troup County and such clerk or deputy clerks, before entering upon the discharge of their duties, shall take before the ordinary of Troup County the same oath as is required of clerks of the superior court and such oath will likewise be recorded. Clerk. The judge of the Small Claims and Committal Court of LaGrange shall be ex-officio clerk of said court and may perform all of the duties of clerk of said court. Whenever in this Act the clerk of the Small Claims and Committal Court of LaGrange is authorized or required to perform any act or do anything, said clerk or deputy clerks or the judge of said court acting as ex-officio clerk of said court shall be authorized to perform the functions of said court. Judge ex-officio clerk. Section 15. It shall be the duty of the clerk and deputy clerks of said court to keep all dockets, books and records required of said court specifically by this Act and generally by the laws of this State as required of justice courts and the offices of justices of the peace; to make all reports and account for all costs, fines, and forfeitures as required specifically by this Act and by the laws of this State; to have a seal for said court; to issue, sign and attach seals thereto when necessary, every order, rule, summons, subpoena, writ, execution, process or court paper under the authority of the court except criminal warrants; to attend all sessions of the court as required by the judge thereof,

Page 2357

and generally to do and perform all duties as clerk of said court. Clerk's duties. Section 16. The clerk and deputy clerks of the Small Claims and Committal Court of LaGrange shall each receive a salary not exceeding $2,400.00 per annum through December 31, 1968, and effective January 1, 1969 the clerk and deputy clerks shall each receive a salary of not less than $2,400.00 per annum. The salaries provided for herein shall be paid monthly out of the treasury of Troup County. The board of commissioners of roads and revenues of Troup County shall be authorized to determine the amount of such salaries which may be either increased or decreased at any time, but not below the minimum or above the maximum hereinbefore set, such increase or decrease to become effective on the first day of the month next succeeding such determination. Clerk's salary, etc. Section 17. The deputy sheriffs of the Criminal Court of Troup County shall be ex-officio constables of said court and, if there are no deputy sheriffs of the Criminal Court of Troup County, the sheriff of Troup County shall appoint one or more of his deputy sheriffs who shall be ex-officio constables of said court, and in their official connection with said court said deputy sheriffs shall be known as constables of the Small Claims and Committal Court of LaGrange. Before entering upon the duties of their office they shall take and subscribe an oath to faithfully and diligently perform the duties thereof. Such constables shall be subject to rule in said courts as sheriffs are subject to rule in the superior courts. Such constables shall, in addition to the powers conferred on them as deputy sheriffs, have any and all powers and duties now and hereafter provided by law for constables in justice courts in this State. Constables. The constables of the Small Claims and Committal Court of LaGrange, shall not be required to give any additional bond for the discharge of their duties as said constables. The salary of such constables shall be paid out of the general funds of Troup County, but such constables shall not receive any additional salary other than that received by them as deputy sheriffs.

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It shall be the duty of the board of commissioners of roads and revenues of Troup County to furnish transportation, and the expenses thereof for the constables of said court in the performance of their duties thereof. Section 18. The terms of said court shall commence on the first Monday of each month. The judge of said court shall have power to hold said court in session from day to day, and to recess the same from time to time; provided, that each term of said court shall be finally adjourned simultaneously with the commencement of the succeeding term. Terms. Section 19. In all civil cases filed or brought in said court, the procedure, pleading and practice in said court shall be the same as that now or hereafter prescribed by the laws of this State for justice courts, except as otherwise provided in this Act. Pleadings and practice. Section 20. In all matters pertaining to service, pleading and practice, the laws of this State governing the justice courts, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said Small Claims and Committal Court of LaGrange. Same. Section 21. All executions issuing from said court shall bear teste in the name of the judge and be signed by the clerk or deputy clerk or by the judge as ex-officio clerk and be directed to the constable of said court and to all and singular the sheriffs or their deputies of the various counties of Georgia. Same. Section 22. The costs and fees charged in said court in all cases shall be the same as are now or hereafter provided by law for justice courts and constables, except as otherwise provided herein. Costs. Section 23. Each party filing a civil suit or proceeding in said court shall deposit with the clerk or deputy clerk or the judge as ex-officio clerk of said court at the time of the filing or commencement of said proceeding the sum of $3.00 as a deposit on the costs of suit; provided, however,

Page 2359

said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in such suit or proceeding, the amount of said deposit shall be attached against the losing party defendant, and be refunded to the party depositing the same after all costs have been paid. Same. Section 24. An accurate record of all costs, fees, forfeitures and charges in said court shall be kept by the clerk, deputy clerk and the judge as ex-officio clerk of said court, and all costs, fees and charges of every kind collected by said court or by any of the officers of said court, shall be entered at once on the records of said court. All such fees, costs, forfeitures, penalties, allowances and all other prerequisites of whatever kind which shall be allowed by law, to be received or collected for services rendered by any official of the Small Claims and Committal Court of LaGrange, shall be received and collected by all said officials, and each of them for the sole use of Troup County, and be held as public moneys belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed and itemized statement shall be made by such official showing such collections and sources from which collected, and the county treasurer or other custodian or depository of county funds, shall keep a separate account, showing the source from which said funds arrived. Records. Section 25. It shall be the duty of the judge of said court to see to it that the officers of the court are diligent in the collection of costs, and to this end he shall call the issue docket of the court on some fixed day in each month and shall adopt such other measures and rules as will insure the payment of costs by the party or parties liable for the same. Judge's duties. Section 26. On January 1, 1969, all cases, civil and criminal, pending and undisposed of before any justice of the peace and justice court abolished under the terms of this Act shall be, and the same are hereby transferred to the

Page 2360

Small Claims and Committal Court of LaGrange created by this Act, and the same shall be placed upon the proper docket in said court and shall be tried and disposed of as other cases in said court. All dockets, records, books and papers of any justice of the peace and justice court abolished under the terms of this Act shall be turned over to, be used and disposed of by the Small Claims and Committal Court of LaGrange. All final and other processes heretofore issued returnable to any justice of the peace and justice court abolished under the terms of this Act shall be returnable to the Small Claims and Committal Court of LaGrange. The judge and other officers of the Small Claims and Committal Court of LaGrange shall have power and authority to enforce all process necessary to the disposition of any case from any of the said justice courts abolished by this Act which for any cause have not been disposed of by the officers of the said justice courts. All fi. fas. and processes not satisfied issued from any officer of justice of the peace or justice or justice courts may be enforced and levied by the officers of the court created by this Act and returns thereof made to said court. The officers of the court hereby abolished shall be entitled to all uncollected costs which have accrued in cases in their respective courts so transferred upon the collection of the same by the officers of said Small Claims and Committal Court of LaGrange. Transfer of cases. Any justice of the peace, notary public ex-officio justice of the peace or constable who shall fail to transmit such suits, papers, documents and to return such processes after written demand for such transmission and delivery has been made by the clerk of said court, shall be held in contempt of said court and shall be punished as provided herein in case of contempt. Section 27. This Act, if approved by referendum as hereinafter provided, shall become effective January 1, 1965, as to the creation of the new court provided for herein, and shall become effective January 1, 1969, as to the abolition of justice courts, the offices of justice of the peace, the offices of notary public ex-officio justice of the peace and the offices of constables in the 655th militia district of Troup County, as provided herein. Effective dates.

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Section 28. Should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Severability. Section 29. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Troup County to issue the call for an election for the purpose of submitting this Act to the qualified voters of the 655th militia district of Troup County for approval or rejection. The ordinary shall set the date of such election for a day not less than thirty nor more than one hundred 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 immediately preceding the date thereof, in the official organ of Troup County. The ballot shall have written or printed thereon the words: For approval of the Act abolishing justice of the peace courts and the office of justices of the peace in the 655th Militia District of Troup County effective January 1, 1969, and by establishing in lieu thereof the Small Claims and Committal Court of LaGrange, which said court shall be established on January 1, 1965. Referendum. Against approval of the Act abolishing justice of the peace courts and the office of justices of the peace in the 655th Militia District of Troup County effective January 1, 1969, and by establishing in lieu thereof the Small Claims and Committal Court of LaGrange, which said court shall be established on January 1, 1965. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Troup County. It shall be

Page 2362

the duty of the ordinary 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 30. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Troup. Personally appeared before me, a notary public within and for said State and county, Glen Long, who deposes and says that he is publisher of The LaGrange Daily News and is authorized to make this affidavit and that advertisement as per attached clipping has been published in The LaGrange Daily News on the following dates: May 1, 1964, May 8, 1964, and May 15, 1964. /s/ Glen O. Long. Sworn to and subscribed before me, this 18th day of May, 1964. /s/ Katherine McCoy, Notary Public, Troup County, Georgia. My Commission Expires Feb. 3, 1968. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the May 1964 special session of the General Assembly of Georgia, a bill to abolish the justice courts, the offices of justices of the peace and notaries public ex-officio justices of the peace and the offices of constables in the 655th militia district of Troup County, having within its borders the city of LaGrange, having a population of over twenty thousand;

Page 2363

to establish in lieu thereof a Small Claims and Committal Court of LaGrange; to define its jurisdiction and powers; to provide for the election (and in some cases for the appointment), qualifications, duties, powers and compensation of the judge and other officers thereof; to provide for pleadings and rules of practice and procedure therein; and for other purposes. This 23rd day of April, 1964. /s/ P. Seale Hipp, President, Troup County Bar Association. Approved June 30, 1964. CITY OF COLUMBUSCOMPENSATION OF COMMISSIONERS. No. 79 (House Bill No. 75). An Act to amend the charter of the City of Columbus approved August 5, 1921 (Ga. L. 1921, p. 800), as amended, so as to change the method of setting the salary for the members of the commission of the City of Columbus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Columbus approved August 5, 1921 (Ga. L. 1921, p. 800), as amended, is hereby amended by striking section 10 in its entirety and by inserting in lieu thereof a new section 10 to read as follows: Section 10. Beginning January 1, 1965, the members of the commission of the City of Columbus shall, by a majority vote of the commission, establish their own salary, said salary in any event not to exceed five hundred dollars ($500.00) per month.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in May, 1964, for the passage of a bill entitled as follows: An Act to amend the charter of the City of Columbus setting the compensation of the commissioners at three hundred ($300.00) dollars per month, repealing all provisions of the charter of the City of Columbus in conflict herewith; and for other purposes. This the 2nd day of April, 1964. /s/ Lennie F. Davis, City Attorney, City of Columbus, Georgia. Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: April 9, 1964, April 16, 1964, April 23, 1964. /s/ Maynard R. Ashworth. Sworn to and subscribed before me, this the 4 day of May, 1964. /s/ Martha Land Kinchen, Notary Public, Muscogee County, Georgia. My Commission Expires April 30, 1967. (Seal). Approved July 17, 1964.

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VETOES (1963 Session) Veto No. Bill No. Subject Date of Veto No. 1 HB 167 To authorize and empower the City of St. Marys, Georgia, to borrow the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations, and for other purposes. 3-14-63 No. 2 HR 47-107 Authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County, and for other purposes. 4- 2-63 No. 3 HB 642 To create a one member Commission of Roads and Revenues for Forsyth County; and for other purposes. 4- 9-63 No. 4 HB 467 To place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system of compensation, and for other purposes. 4- 9-63 No. 5 SB 159 To amend an Act reincorporating the Town of Young Harris as the City of Young Harris, approved March 17, 1960 (Ga. L. 1960, p. 2523), so as to change the number of council members; and for other purposes. 4-12-63 No. 6 HB 352 To provide that it shall be unlawful to own, possess, use, maintain or operate pin ball machines or similar machines in the State of Georgia; and for other purposes. 4-15-63 No. 7 HB 35 To amend an Act providing for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors insurance and relating to the State Board of Education; and for other purposes. 4-17-63 No. 8 HB 134 To amend an Act providing and establishing a charter for the City of Woodbury, in the County of Meriwether, and for other purposes. 4-17-63 No. 9 HB 152 To authorize the Board of Education of all counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes. 4-17-63 No. 10 HB 337 To amend an Act creating a new charter for the City of Douglasville; and for other purposes. 4-17-63 No. 11 HB 361 To repeal certain laws relating to duties of Clerks of Superior Courts and compensation paid for such duties; and for other purposes. 4-17-63 No. 12 HB 414 To amend an Act repealing the charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years, and for other purposes. 4-17-63 No. 13 HB 518 To provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes. 4-17-63 No. 14 HB 534 To authorize the City of Columbus and Muscogee County to appropriate and pay into the Health Fund of the County Board of Health all or any part of said Budget as to the commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County as is deemed meet and proper, and for other purposes. 4-17-63 No. 15 HB 602 To amend an Act known as the Minimum Foundation Program for Education Act, as amended, so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes. 4-17-63 No. 16 HB 638 To amend an Act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes. 4-17-63

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VETOES (1963 1964 Session) Veto No. Bill No. Subject Date of Veto No. 17 SB 112 To amend an Act incorporating and creating a new charter for the City of Jasper, approved December 22, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 3120), as amended, so as to change the corporate limits of said city; and for other purposes. 4-17-63 No. 18 SB 122 To amend an Act establishing a new charter for the City of Roswell approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, so as to change the corporate limits of said city; and for other purposes. 4-17-63 No. 19 SB 158 To amend the charter of the City of Macon contained in an Act approved August 3, 1927 (Ga. L. 1927, p. 1283), as heretofore amended, changed or re-enacted by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said city; to repeal conflicting laws; and for other purposes. 4-17-63 No. 20 HB 1174 To amend an Act establishing the City Court of Wrightsville, so as to increase the compensation of the Judge, and for other purposes. 3-18-64 No. 21 HB 907 To amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors as pertains to Coffee County; and for other purposes. 3-26-64 No. 22 HB 962 To amend an Act relating to the granting of bail for criminal offenses, so as to provide that as a matter of right in all offenses, except capital, the accused is entitled to bail; and for other purposes. 3-26-64 No. 23 HB 1218 To create a Board of Commissioners of Roads and Revenues for Forsyth County; to provide for elections and terms of office; and for other purposes. 3-26-64 No. 24 HB 1243 To amend an Act relating to the practice of all branches of professional engineering, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes. 3-26-64

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VETOES (1964 Session) Veto No. Bill No. Subject Date of Veto No. 25 SB 200 To provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts and money orders as a service or for a fee or other considerations; to provide exemptions from such licensing and regulating; to repeal conflicting laws; and for other purposes. 3-26-64 No. 26 SB 279 To amend Code section 61-302, as amended, so as to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to repeal conflicting laws; and for other purposes. 3-26-64 No. 27 SB 349 Creating a Teachers' Retirement Fund, approved Mar. 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to define, for the purposes of this Act, what salary deductions for contributions into the Fund shall be made; to repeal conflicting laws; and for other purposes. 3-26-64 No. 28 SB 350 To amend an Act providing for the retirement of judges of the Civil Court of Fulton County and others, approved Jan. 31, 1946 (Ga. L. 1946, p. 299), so as to allow additional time for payments into said retirement fund by such persons who qualify for participation; to repeal conflicting laws; and for other purposes. 3-26-64 No. 29 SB 360 To amend an Act governing and regulating the use of the public roads and highways of this State, approved Mar. 27, 1941, as amended, so as to provide for special blanket permits; to allow certain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes. 3-26-64 VETOES (1964 Extra Session) Veto No. Bill No. Subject Date of Veto No. 1 HB 59 To amend an Act incorporating the City of Toccoa so as to provide for the establishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes. 6-30-64

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SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice T. GRADY HEAD Presiding Justice T. S. CANDLER Associate Justice BOND ALMAND Associate Justice CARLTON MOBLEY Associate Justice JOSEPH D. QUILLIAN Associate Justice BENNING M. GRICE Associate Justice ROBERT H. BRINSON, JR. Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant RICHARD LAWTON JORDAN, JR. Law Assistant ARNOLD WRIGHT, JR. Law Assistant THOMAS M. CLYBURN, JR. Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. FLORENCE B. COBB Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge H. E. NICHOLS Presiding Judge JOHN SAMMONS BELL Presiding Judge JOHN E. FRANKUM Judge ROBERT H. JORDAN Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge ROBERT L. RUSSELL, JR. Judge CHARLES A. PANNELL Judge CHARLES N. HOOPER Law Assistant BEN ESTES Law Assistant MISS SARA BRENNAN Law Assistant H. GRADY ALMAND, JR. Law Assistant ROY M. THORNTON, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant CHARLES J. DRIEBE Law Assistant MISS ALFREDDA SCOBEY Law Assistant LOUIS A. PEACOCK Law Assistant MORGAN THOMAS Clerk RALPH E. CARLISLE Deputy Clerk MISS EDNA EARL BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter CHARLES W. BALDWIN Sheriff

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JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, P. O. Box 7, Nashville. VICKERS NEUGENT, Solicitor-General, Austin St., Pearson. AtkinsonThird Monday in February; fourth Monday in October. BerrienFirst Monday in January; second Monday in September. ClinchFirst Mondays in March and October. CookFirst Mondays in February and November. LanierFourth Mondays in February and November. ALBANY CIRCUIT. HON. CARL E. CROW, Judge, Camilla. FRED HAND, JR. Solicitor-General, Pelham. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. 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, Chief Judge, LUTHER ALVERSON, STONEWALL H. DYER, RALPH PHARR, GEORGE P. WHITMAN, SR., SAM P. McKENZIE, CLAUDE D. SHAW, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, Judges, Atlanta. WILLIAM T. BOYD, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

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ATLANTIC CIRCUIT. HON. HENRY H. DURRENCE, Judge, Claxton. PAUL E. CASWELL, Solicitor-General, Hinesville. 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. C. WESLEY KILLEBREW, Augusta; F. FREDERICK KENNEDY, Augusta; JOHN F. HARDIN, 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. SAM P. BURTZ, Judge, Canton. JESS H. WATSON, Solicitor-General, Cumming. 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 second 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. WINEBERT DAN FLEXER, Judge, Brunswick. JACK W. BALLENGER, Solicitor-General, RFD 2, Baxley. 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 and second Mondays in March, June, and December; fourth Monday in September; first Monday in October. WayneThird and fourth Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS, J. R. THOMPSON, Judges, Columbus. JOHN H. LAND, Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisSecond Mondays in January, May and September. 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. JERE F. WHITE, Solicitor-General, Cartersville. BartowFirst Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November.

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CLAYTON CIRCUIT. HON. HAROLD R. BANKE, Judge, Rt. 1, Forest Park. Albert B. Wallace, Solicitor-General, Jonesboro. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HONS. JAMES T. MANNING, Marietta; ALBERT J. HENDERSON, JR., 107 Hemlock Dr., Marietta, Judges. LUTHER C. HAMES, JR., Solicitor-General, P. O. Box 152, Marietta. CobbSecond Mondays in January, March, May, July, September and November. CONASAUGA CIRCUIT. HON. J. THOMAS POPE, Judge, Dalton. ROBERT VINING, Solicitor-General, Dalton. MurraySecond Mondays in February and November; fourth Mondays in May and July. WhitfieldSecond Mondays in January, July and September; first Mondays in March, May and November. 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. LAMAR KNIGHT, Judge, Hillcrest Dr., 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.

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DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 111 Country Club Rd., Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. 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 JOE RYAN, JR., Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. THOMAS J. BROWN, JR., Judge, McDonough. EDWARD E. McGARITY, Solicitor-General, McDonough. 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; 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; second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July; first Monday in August. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

Page 2375

GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. JACK HOLLAND, Solicitor-General, Ridgecrest Dr., Lawrenceville. Gwinnett: First Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HON. SAMUEL W. FARISS, Judge, LaFayette. EARL B. (BILL) SELF, Solicitor-General, Summerville. CatoosaFirst Mondays in February and August; second Mondays in May and November. ChattoogaSecond Mondays in January, April, July and October. DadeThird Mondays in March, June and September; second Monday in December. WalkerThird Mondays in February and August; first Mondays in May and November. MACON CIRCUIT. HONS. OSCAR L. LONG, Macon; W. D. AULTMAN, Byron; HAL BELL, Macon, Judges. JACK J. GAUTIER, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. HoustonFirst Mondays in February, May, and November; third Monday in August. PeachFirst and second Mondays in March and August; third and fourth Mondays in November. MIDDLE CIRCUIT. HON. DARIUS N. BROWN, Judge, Swainsboro. WALTER C. McMILLAN, JR., Solicitor-General, 1st Avenue, Sandersville. 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 2376

MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, Toccoa. BEN F. CARR, Solicitor-General, Blairsville. HabershamFirst Mondays in March, June and November; second Monday in August. RabunFourth Mondays in February and August; second Monday in June; first Monday in December. StephensSecond Mondays in January, April, July and October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. Non-Jury: First Mondays in January and July. NORTHEASTERN CIRCUIT. HON. SIDNEY O. SMITH, JR., 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 Monday in March; second Monday in September. WhiteFirst Mondays in April and October. NORTHERN CIRCUIT. HON. CAREY SKELTON, Judge, Hartwell. CLETE D. JOHNSON, Solicitor-General, Royston. 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 2377

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. J. K. WHALEY, Judge, McRae. ALBERT D. MULLIS, Solicitor-General, 903 - 9th Ave., Eastman. BleckleyFirst Monday in March and second Mondays in July and November. DodgeThird Mondays in February, May, August and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September; second Mondays in June and December. TelfairFourth Mondays in February and June; third and fourth Mondays in October. WheelerSecond Mondays in February and October; third Monday in June. OGEECHEE CIRCUIT. HON. WALTON USHER, Judge, Guyton COHEN ANDERSON, Solicitor-General, 3 Preston Dr., Statesboro. 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 2378

PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. JOE M. RAY, 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 April and October. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. RICHARD B. RUSSELL, III, Judge, Winder. ALFRED A. QUILLIAN, Solicitor-General, Winder. BanksThird Monday in March; first Monday in October. BarrowThird and fourth Mondays in February and August; first Mondays in May and November. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. ROBERT L. SCOGGIN, Judge, Rome. CHASTINE PARKER, Solicitor-General, Rome. FloydSecond Mondays in January, March, July, and September; first Mondays in May and November. SOUTHERN CIRCUIT. HON. GEORGE R. LILLY, Judge, Quitman. BOB HUMPHREYS, Solicitor-General, Moultrie. 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 2379

SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, Macon Rd., Americus. STEPHEN PACE, JR., Solicitor-General, 131 W. Hill St., 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. H. FRANK GUESS, Decatur; H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers, Judges. RICHARD BELL, Solicitor-General, Decatur. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January; third Mondays in March, July, and September. RockdaleThird Monday in January; first Mondays in April, July, and October. TALLAPOOSA CIRCUIT. HON. W. A. FOSTER, JR., Judge, Dallas. DAN WINN, Solicitor-General, Cedartown. DouglasThird Mondays in March and September. HaralsonFourth Monday in April; second Mondays in August and November. Paulding: Second Monday in April; fourth Monday in July; third Monday in October. Polk: Fourth Mondays in February and August.

Page 2380

TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, P.O. Box 253, Tifton. IrwinThird and fourth Mondays in February and November; first Monday in July. TiftFirst Mondays in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. EARLE NORMAN, Judge, Washington. KENNETH E. GOOLSBY, Solicitor-General, Langham Road, Thomson. 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. WarrenThird Monday in January; first Mondays in April, July and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. BEN A. HODGES, Judge, Waycross. 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 Monday in March; first Monday in October. CoffeeSecond and third Mondays in March and October; second Monday in June; first Tuesday after the first Monday in January. PierceSecond Monday in January; first Mondays in May and December; third Monday in August. WareFourth Mondays in January, April, July, and October.

Page 2381

WESTERN CIRCUIT. HON. JAMES BARROW, 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 2383

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Catoosa County; board of tax administrators 410 Charlton County Development Authority 363 City of Barnesville and Lamar County Development Authority 224 City of MilledgevilleBaldwin County Recreation Authority 382 Cobb County; sidewalks outside municipalities 415 Jasper County Board of Education 334 MoultrieColquitt County Development Authority 403 Muscogee County; described property exempt from taxation 414 OcillaIrwin County Industrial Development Authority 356 Polk County Board of Education 371 Revised Constitution of Georgia 234 Rockdale County Board of Education 369 Screven County Board of Education 400 Spalding County; education beyond twelfth grade 411 Rockdale CountyConyers Water Authority 379 Thomas CountyRevenue Obligations 407 Thomaston Office Building Authority 338 Ware County Board of Education 335 WinderBarrow Industrial Building Authority 376 CODE SECTIONS. 23-701AmendedGeorgia Election Code 26 24-2501AmendedDougherty Judicial Circuit 7 24-2501AmendedName of Albany Judicial Circuit changed, solicitor-general placed on salary basis 220 26-2617RepealedGeorgia Election Code 26 Title 34AmendedGeorgia Election Code 26 40-601AmendedGeorgia Election Code 26 59-601AmendedGeorgia Election Code 26 88-1805, 88-1813AmendedGeorgia Health Code 15 113-301AmendedWitnesses to wills, etc. 16 113-409AmendedWitnesses to wills, etc. 16 113-502AmendedWitnesses to Wills, etc. 16 SUPERIOR COURTS. Albany Circuit; name changed, solicitor-general placed on salary basis 220 Coweta Circuit; assistant solicitor general 13 Dougherty Circuit; created 7 Lookout Mountain Circuit; additional judge 21 South Georgia Circuit; name changed from Albany Circuit, solicitor-general placed on salary basis 220

Page 2384

CITY COURTS. Jesup; salaries, costs, court reporter 2046 Statesboro; trial of traffic violations 2322 COUNTY COURTS. Atkinson; solicitor 2092 COUNTIES AND COUNTY MATTERS. NAMED COUNTIES. Atkinson; solicitor of county court 2092 Bacon; sheriff placed on salary basis 2213 Baker; sheriff placed on salary basis, referendum 2096 Baldwin; City of MilledgevilleBaldwin County Recreation Authority, proposed amendment to the Constitution 382 Barrow; compensation of commissioners of roads and revenues 2235 Barrow; named offices placed on salary basis 2238 Barrow; Winder-Barrow Industrial Building Authority, proposed amendment to the Constitution 376 Berrien; compensation of commissioners of roads and revenues 2177 Carroll; names of militia districts 2219 Catoosa; board of tax administrators, proposed amendment to the Constitution 410 Catoosa; bond of clerk of superior court 2203 Catoosa; bond of commissioner of roads and revenues 2201 Catoosa; bond of sheriff 2205 Charlton; development authority, proposed amendment to the Constitution 363 Cobb; board of commissioners of roads and revenues, referendum 2075 Cobb; sidewalks outside municipalities, proposed amendment to the Constitution 415 Colquitt; MoultrieColquitt County Development Authority, proposed amendment to the Constitution 403 Coweta; clerical allowances for ordinary and clerk of superior court 2004 DeKalb; salaries of named officials 2110 Early; compensation of tax commissioner 2276 Forsyth; board of commissioners of roads and revenues 2225 Fulton; recreational authority, members 2058 Fulton; retirement system for judges, etc. of certain courts amended 2070 Gordon; clerical help for commissioner of roads and revenues 2067 Gordon; deputy sheriffs, etc. 2063 Henry; salary of sheriff and chief deputy sheriff 2278 Irwin; OcillaIrwin County Industrial Development Authority, proposed amendment to the Constitution 356 Jackson; airport authority Act 2260

Page 2385

Jasper; board of education, proposed amendment to the Constitution 334 Jones; sheriff placed on salary basis 2169 Lamar; development authority, proposed amendment to the Constitution 224 Laurens; audits 2335 Monroe; use of voting machines 2339 Muscogee; described personalty exempt from taxation, proposed amendment to the Constitution 414 Paulding; compensation of commissioner of roads and revenues 2249 Paulding; compensation of tax commissioner, etc. 2252 Paulding; named officers placed on salary basis 2246 Polk; board of education; proposed amendment to the Constitution 371 Rockdale; board of education; proposed amendment to the Constitution 369 Rockdale; Rockdale CountyConyers Water Authority, proposed amendment to the Constitution 379 Screven; board of education, proposed amendment to the Constitution 400 Seminole; salary of tax commissioner 2003 Spalding; education beyond twelfth grade, proposed amendment to the Constitution 411 Thomas; revenue obligations, proposed amendment to the Constitution 407 Toombs; sheriff placed on salary basis 2100 Towns; sheriff placed on salary basis 2216 Troup; Small Claims and Committal Court of LaGrange, referendum 2350 Walker; compensation, etc. of commissioner of roads and revenues 2329 Ware; board of education; proposed amendment to the Constitution 335 Walton; sheriff placed on salary basis 2172 MUNICIPAL CORPORATIONSNAMED CITIES Alma; closing, etc of streets and alleys 2059 Alma; corporate limits 2243 Alpharetta; corporate limits, referendum 2342 Atlanta; compensation of board of aldermen 2211 Atlanta; excise tax on liquors 2349 Atlanta; recreational authority, members 2058 Atlanta; uniforms for police department 2209 Atlanta; vacancies on board of aldermen 2340 Barnesville; development authority, proposed amendment to the Constitution 224 Byromville; corporate limits, referendums 2052 Columbus; compensation of commissioners 2363

Page 2386

Conyers; Rockdale CountyConyers Water Authority, proposed amendment to the Constitution 379 Douglasville; corporate limits 2331 Dublin; hours of holding elections 2337 Elizabeth; new charter, referendum 2179 Forsyth; use of voting machines 2333 , 2339 Fort Oglethorpe; ordinances 2206 Franklin; new charter 2299 Hazlehurst; authority to close streets and alleys 2073 Hogansville; tax for school purposes, referendum 2256 Jesup; corporate limits 2221 LaGrange; small claims and committal court, referendum 2350 Lavonia; new charter 2008 Macon; authority to close, etc. described alley 2061 Marietta; corporate limits 2285 Milledgeville; City of MilledgevilleBaldwin County Recreation Authority, proposed amendment to the Constitution 382 Moultrie; corporate limits 2280 Moultrie; Moultrie-Colquitt County Development Authority, proposed amendment to the Constitution 403 Moultrie; penalties for violating ordinances 2223 North Atlanta; charter abolished 2108 Ocilla; OcillaIrwin County Industrial Development Authority, proposed amendment to the Constitution 356 Powder Springs; corporate limits 2255 Roswell; corporate limits 2344 Screven; corporate limits 2105 Screven; mayor and councilmen 2114 Stone Mountain; corporate limits 2326 Sylvester; new charter, referendum 2116 Thomaston; office building authority, proposed amendment to the Constitution 338 Unadilla; authority to close street 2006 Unadilla; corporate limits 2050 Vidalia; corporate limits 2094 Winder; successive terms for mayor, referendum 2347 Winder; Winder-Barrow Industrial Building Authority, proposed amendment to the Constitution 376 MISCELLANEOUS RESOLUTIONS. Police Families Relief Fund Week 20

Page 2387

A ALBANY JUDICIAL CIRCUIT Name changed, solicitor-general placed on salary basis 220 ALMA, CITY OF Closing, etc. of streets and alleys 2059 Corporate limits 2243 ALPHARETTA, CITY OF Corporate limits, referendum 2342 APPROPRIATIONS Supplementary appropriations Act 6 , 25 ATLANTA, CITY OF City of Atlanta and Fulton County Recreational Authority, members 2058 Compensation of board of aldermen 2211 Excise tax on liquors 2349 Uniforms for police department 2209 Vacancies on board of aldermen 2340 ATKINSON, COUNTY COURT OF Solicitor 2092 B BACON COUNTY Sheriff placed on salary basis 2213 BAKER COUNTY Sheriff placed on salary basis, referendum 2096 BALDWIN COUNTY City of Milledgeville-Baldwin County Recreation Authority, proposed amendment to the Constitution 382 BARNESVILLE AND LAMAR COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 224

Page 2388

BARROW COUNTY Compensation of commissioners of roads and revenues 2235 Named offices placed on salary basis 2238 Winder-Barrow Industrial Building Authority, proposed amendment to the Constitution 376 BERRIEN COUNTY Compensation of commissioners of roads and revenues 2177 BONDS Georgia Health Code Amended 15 Hospital Authorities 14 BYROMVILLE, TOWN OF Corporate limits, referendums 2052 C CARROLL COUNTY Names of militia districts 2219 CATOOSA COUNTY Board of Tax Administrators abolished, proposed amendment to the Constitution 410 Bond of clerk of superior court 2203 Bond of commissioner of roads and revenues 2201 Bond of sheriff 2205 CHARLTON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 363 CITY COURT OF JESUP Salaries, costs, court reporter 2046 CITY COURT OF STATESBORO Trial of traffic violations 2322 COBB COUNTY Board of Commissioners of Roads and Revenues, referendum 2075 Sidewalks outside municipalities, proposed amendment to the Constitution 415

Page 2389

COLQUITT COUNTY Moultrie-Colquitt County Development Authority, proposed amendment to the Constitution 403 COLUMBUS, CITY OF Compensation of commissioners 2363 CONSTITUTION See also Tabular IndexProposed Amendments to the Constitution Revised Constitution of Georgia, proposed amendment to the Constitution 234 CONYERS, CITY OF Rockdale County-Conyers Water Authority, proposed amendment to the Constitution 379 COUNTY COURT OF ATKINSON COUNTY Solicitor 2092 COWETA COUNTY Clerical allowances for ordinary and clerk of superior court 2004 COWETA JUDICIAL CIRCUIT Compensation of assistant solicitor general 13 D DEKALB COUNTY Salaries of named officials 2110 DOUGHERTY JUDICIAL CIRCUIT Created 7 DOUGLASVILLE, CITY OF Corporate limits 2331 DUBLIN, CITY OF Hours of holding elections 2337

Page 2390

E EARLY COUNTY Compensation of tax commissioner 2276 ELECTIONS Georgia Election Code 26 ELIZABETH, CITY OF New charter, referendum 2179 EXTRAORDINARY SESSION Proclamations 3 , 5 F FORSYTH, CITY OF Use of voting machines 2333 , 2339 FORSYTH COUNTY Board of commissioners of roads and revenues 2225 FORT OGLETHORPE, TOWN OF Ordinances 2206 FRANKLIN, CITY OF New charter 2299 FULTON COUNTY City of Atlanta and Fulton County Recreational Authority members 2058 Retirement systems for judges, etc. of certain courts amended 2070 G GEORGIA ELECTION CODE Enacted 26 GEORGIA HEALTH CODE Amended, revenue certificate 15

Page 2391

GENERAL ASSEMBLY Supplementary appropriations Act 6 , 25 GENERAL ELECTIONS Georgia Election Code 26 GORDON COUNTY Clerical help for commissioner of roads and revenues 2067 Deputy sheriffs, etc. 2063 GOVERNOR Proclamations re: extraordinary session 3 , 5 Vetoes 2365 H HAZLEHURST, CITY OF Authority to close streets and alleys 2073 HENRY COUNTY Salary of sheriff and chief deputy sheriff 2278 HOGANSVILLE, CITY OF Tax for school purposes, referendum 2256 HOSPITAL AUTHORITIES LAW Amended, bonds 14 I IRWIN COUNTY Ocilla-Irwin County Industrial Development Authority, proposed amendment to the Constitution 356 J JACKSON COUNTY AIRPORT AUTHORITY ACT Enacted 2260

Page 2392

JASPER COUNTY Board of Education, proposed amendment to the Constitution 334 JESUP, CITY COURT OF Salaries, costs, court reporter 2046 JESUP, CITY OF Corporate limits 2221 JONES COUNTY Sheriff placed on salary basis 2169 L LAGRANGE, SMALL CLAIMS AND COMMITTAL COURT Created, referendum 2350 LAMAR COUNTY City of Barnesville and Lamar County Development Authority, proposed amendment to the Constitution 224 LAURENS COUNTY Audits 2335 LAVONIA, CITY OF New charter 2008 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Additional judge 21 M MACON, CITY OF Authority to close, etc. described alley 2061 MARIETTA, CITY OF Corporate limits 2285

Page 2393

MILLEDGEVILLE, CITY OF City of Milledgeville-Baldwin County Recreation Authority, proposed amendment to the Constitution 382 MONROE COUNTY Use of voting machines 2339 MOULTRIE, CITY OF Corporate limits 2280 Penalties for violating ordinances 2223 MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY Powers, bonds, etc. proposed amendment to the Constitution 403 MUSCOGEE COUNTY Described personalty exempt from taxation, proposed amendment to the Constitution 414 N NORTH ATLANTA, VILLAGE OF Charter abolished 2108 O OCILLA-IRWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 356 P PAULDING COUNTY Compensation of commissioner of roads and revenues 2249 Compensation of tax commissioner, etc. 2252 Named offices placed on salary basis 2246 POLICE FAMILIES RELIEF FUND WEEK Designated 20

Page 2394

POLK COUNTY Board of Education, proposed amendment to the Constitution 371 POWDER SPRINGS, CITY OF Corporate limits 2255 PRACTICE AND PROCEDURE Witnesses to wills, etc. 16 PRIMARY ELECTIONS Georgia Election Code 26 R ROCKDALE COUNTY Board of Education; proposed amendment to the Constitution 369 ROCKDALE COUNTY-CONYERS WATER AUTHORITY Powers, proposed amendment to the Constitution 379 REVENUE CERTIFICATES Hospital Authorities Law amended 14 REVISED CONSTITUTION OF GEORGIA Proposed amendment to the Constitution 234 ROSWELL, CITY OF Corporate limits 2344 S SCREVEN, CITY OF Corporate limits 2105 Mayor and councilmen 2114 SCREVEN COUNTY Board of Education, proposed amendment to the Constitution 400

Page 2395

SEMINOLE COUNTY Salary of tax commissioner 2003 SMALL CLAIMS AND COMMITTAL COURT OF LAGRANGE Created, referendum 2350 SOUTH GEORGIA JUDICIAL CIRCUIT Name changed from Albany Judicial Circuit; solicitor-general placed on salary basis 220 SPALDING COUNTY Education beyond twelfth grade, proposed amendment to the Constitution 411 STATESBORO, CITY COURT OF Trial of traffic violations 2322 STONE MOUNTAIN, CITY OF Corporate limits 2326 SUPERIOR COURTS Coweta Judicial Circuit, assistant solicitor-general 13 Dougherty Judicial Circuit created 7 Lookout Mountain Judicial Circuit, additional judge 21 Name of Albany Judicial Circuit changed, solicitor-general placed on salary basis 220 SUPPLEMENTARY APPROPRIATIONS ACT Enacted 6 , 25 SYLVESTER, CITY OF New charter, referendum 2116 T THOMAS COUNTY Revenue obligations, proposed amendment to the Constitution 407 THOMASTON OFFICE BUILDING AUTHORITY Created, proposed amendment to the Constitution 338

Page 2396

TOOMBS COUNTY Sheriff placed on salary basis 2100 TOWNS COUNTY Sheriff placed on salary basis 2216 TROUP COUNTY Small Claims and Committal Court of LaGrange, referendum 2350 U UNADILLA, CITY OF Authority to close alley 2006 Corporate limits 2050 V VETOES 1963, 1964, and 1964 Extraordinary Session 2365 VIDALIA, CITY OF Corporate limits 2094 W WALKER COUNTY Compensation, etc. of commissioner of roads and revenues 2329 WALTON COUNTY Sheriff placed on salary basis 2172 WARE COUNTY Board of Education, proposed amendment to the Constitution 335 WILLS AND ADMINISTRATION OF ESTATES Witnesses, etc. 16

Page 2397

WINDER-BARROW INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 376 WINDER, CITY OF Successive terms for mayor, referendum 2347

Page 2398

POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 12,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168 Miller 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 19,652 22,528 23,261 23,620 25,588 Monroe 10,495 10,523 10,749 11,606 20,138 Montgomery 6,284 7,901 9,668 10,020 9,167 Morgan 10,280 11,899 12,713 12,488 20,143 Murray 10,447 10,676 11,137 9,215 9,490 Muscogee 158,623 118,028 75,494 57,558 44,195 Newton 20,999 20,185 18,576 17,290 21,680 Oconee 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,926 9,958 12,430 12,927 20,287 Paulding 13,101 11,752 12,832 12,327 14,025 Peach 13,846 11,705 10,378 10,268 Pickens 8,903 8,855 9,136 9,687 8,222 Pierce 9,678 11,112 11,800 12,522 11,934 Pike 7,138 8,459 10,375 10,853 21,212 Polk 28,015 30,976 28,467 25,141 20,357 Pulaski 8,204 8,808 9,829 9,005 11,587 Putnam 7,798 7,731 8,514 8,367 15,151 Quitman 2,432 3,015 3,435 3,820 3,417 Rabun 7,456 7,424 7,821 6,331 5,746 Randolph 11,078 13,804 16,609 17,174 16,721 Richmond 135,601 108,876 81,863 72,990 63,692 Rockdale 10,572 8,464 7,724 7,247 9,521 Schley 3,256 4,036 5,033 5,347 5,243 Screven 14,919 18,000 20,353 20,503 23,552 Seminole 6,802 7,904 8,492 7,389 Spalding 35,404 31,045 28,427 23,495 21,908 Stephens 18,391 16,647 12,972 11,740 11,215 Stewart 7,371 9,194 10,603 11,114 12,089 Sumter 24,652 24,208 24,502 26,800 29,640 Talbot 7,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,837 15,939 16,243 15,411 14,502 Taylor 8,311 9,113 10,768 10,617 11,473 Telfair 11,715 13,221 15,145 14,997 15,291 Terrell 12,742 14,314 16,675 18,290 19,601 Thomas 34,319 33,932 31,289 32,612 33,044 Tift 23,487 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361 Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,535 9,149 9,817 White 6,935 5,951 6,417 6,056 6,105 Whitfield 42,109 34,432 26,105 20,808 16,897 Wilcox 7,905 10,167 12,755 13,439 15,511 Wilkes 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,250 9,781 11,025 10,844 11,376 Worth 16,682 19,357 21,374 21,094 23,863 Total 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

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POPULATION NUMERICALLY LISTED ACCORDING TO 1960 CENSUS Counties Population Echols 1,876 Quitman 2,432 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Barrow 14,485 Liberty 14,487 Haralson 14,543 Screven 14,919 Hart 15,229 Brooks 15,292 Tattnall 15,837 Dodge 16,483 Worth 16,682 Douglas 16,741 Toombs 16,837 Jefferson 17,468 Henry 17,619 Crisp 17,768 Emanuel 17,815 Elbert 17,835 Wayne 17,921 Grady 18,015 Habersham 18,116 Stephens 18,391 Jackson 18,499 Washington 18,903 Gordon 19,228 Mitchell 19,652 Meriwether 19,756 Chattooga 19,954 Walton 20,481 Burke 20,596 Newton 20,999 Catoosa 21,101 Coffee 21,953 Cherokee 23,001 Tift 23,487 Upson 23,800 Bulloch 24,263 Sumter 24,652 Decatur 25,203 Polk 28,015 Bartow 28,267 Coweta 28,893 Laurens 32,313 Colquitt 34,048 Baldwin 34,064 Ware 34,219 Thomas 34,319 Spalding 35,404 Carroll 36,451 Houston 39,154 Glynn 41,954 Whitfield 42,109 Gwinnett 43,541 Walker 45,264 Clarke 45,363 Clayton 46,365 Troup 47,189 Lowndes 49,270 Hall 49,739 Floyd 69,130 Dougherty 75,680 Cobb 114,174 Richmond 135,601 Bibb 141,249 Muscogee 158,623 Chatham 188,299 DeKalb 256,782 Fulton 556,326

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MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1963 - 1964 Senators District Post Office Brewer, Oby T., Sr. 39th 199 Robin Hood Rd., N.E., Atlanta Broun, Paul C. 46th 520 W. Cloverhurst, Athens Brown, Charlie 34th P.O. Box 30, Atlanta 1 Byrd, Garland T. 17th Reynolds Carlton, Milton A. 21st 534 Kite Rd., Swainsboro Carter, Jimmy 14th Plains Coggin, Frank E. 35th International Office Park, Virginia Ave, Suite 301C, Hapeville Conway, H. (Mac) McKinley, Jr. 41st Conway Publications, Inc., 2600 Apple Valley Rd., North Atlanta 19 Downing, Frank O. 1st 411 Morel Bldg., Savannah Ellis, S. Tom 44th McDonough Fincher, Jack 51st 60 Muriel St., Canton Fuqua, J. B. 22nd 1001 Reynolds St., Augusta Gayner, John M., III 5th Sunset Blvd., Country Club Park, Brunswick Gillis, Hugh M. 20th Soperton Gordy, A. Perry 15th 1112 - 3rd Ave., Columbus Hall, J. Battle 52nd P.O. Box 1267, Rome Harrison, Harold 48th Bethlehem Heard, R. Shaefer 29th P.O. Box 246, West Point Holloway, A. W. (Al) 12th 1131 Valley Rd., Albany Hunt, William J. 26th 668 Poplar St., Macon Jackson, Harry C. 16th 1718 - 3rd Ave., Columbus Johnson, Ben F. 42nd Emory University Law School, Atlanta 22 Johnson, LeRoy R. 38th 960 Hunter St., S.W., Suite 207, Atlanta 14 Kendrick, Edward S. 32nd Rt. 1, Bells Ferry Rd., Marietta Kidd, Culver 25th Milledgeville Knox, W. A. (Wyck) 24th Thomson Lee, Robert E., Jr. 47th P.O. Box 762, Elberton Loggins, Joseph E. 53rd Summerville MacIntyre, Dan I., III 40th 919 W. Peachtree St., N.E., Atlanta 9 Miller, Zell 50th Young Harris Moore, Albert F. 31st 306 S. College St., Cedartown McKinnon, Talmadge 7th RFD 1, Willacoochee McWhorter, W. Hugh 43rd 1788 Ponce de Leon Ave., N.E., Atlanta Noble, Roy 19th RFD 3, Vienna Oliver, Clinton 4th P.O. Box 237, Glennville Owens, Erwin 49th Dahlonega Pelham, Glenn 10th 100 - 3rd Ave., S.W., Cairo Pennington, Brooks, Jr. 45th Crawford St., Madison Phillips, J. Taylor 27th 173 First St., Macon Plunkett, Lamar R. 30th 50 Morris St., Bowdon Rowan, Robert A. (Bobby) 8th Enigma Salome, J. M. (Joe) 36th 344 Kendrick Ave., S.E., Atlanta Scott, Milford A. 23rd 2550 Richmond Hill Rd., Augusta Searcey, William A. 2nd 1919 New Mexico St., Savannah Smalley, Robert H., Jr. 28th P.O. Box 116, Griffin Smith, Stanley E., Jr. 18th P.O. Drawer F, 810 Forest Hill Dr., Perry Spinks, Ford B. 9th Rt. 1, Tifton Thomas, R. S. 54th Rt. 5, Dalton Tribble, Joseph J. 3rd 402 Arlington Rd., Savannah Webb, Julian J. 11th P.O. Box 277, Donalsonville Wesberry, James P., Jr. 37th 2989 N. Fulton Dr., N.E., Atlanta 5 Yancey, Kyle 33rd Rt. 2, Austell Young, Martin 13th Rt. 2, Rebecca Zorn, William A. 6th P.O. Box 128, 292 E. Cherry St., Jesup

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1963 - 1964 District Name Addresses 1. Frank O. Downing 411 Morel Bldg., Savannah 2. William A. Searcey 1919 New Mexico St., Savannah 3. Joseph J. Tribble 402 Arlington Rd., Savannah 4. Clinton Oliver P. O. Box 237, Glennville 5. John M. Gayner III Sunset Blvd., Country Club Park, Brunswick 6. William A. Zorn P. O. Box 128, 292 E. Cherry St., Jesup 7. Talmadge McKinnon RFD 1, Willacoochee 8. Robert A. (Bobby) Rowan Enigma 9. Ford B. Spinks Rt. 1, Tifton 10. Glenn Pelham 100 - 3rd Ave., S.W., Cairo 11. Julian Webb P. O. Box 277, Donalsonville 12. A. W. (Al) Holloway 1131 Valley Rd., Albany 13. Martin Young Rt. 2, Rebecca 14. Jimmy Carter Plains 15. A. Perry Gordy 1112 - 3rd Ave., Columbus 16. Harry C. Jackson 1718 - 3rd Ave., Columbus 17. Garland T. Byrd Reynolds 18. Stanley E. Smith, Jr. P. O. Drawer F, 813 Forest Hill Dr., Perry 19. Roy Noble RFD 3, Vienna 20. Hugh M. Gillis Soperton 21. Milton A. Carlton 534 Kite Rd., Swainsboro 22. J. B. Fuqua 1001 Reynolds St., Augusta 23. Milford A. Scott 2550 Richmond Hill Rd., Augusta 24. W. A. (Wyck) Knox Thomson 25. Culver Kidd Milledgeville 26. William J. Hunt 668 Poplar St., Macon 27. J. Taylor Phillips, (Resigned 7-1-64) 173 First St., Macon 28. Robert H. Smalley, Jr. P. O. Box 116, Griffin 29. R. Shaefer Heard P. O. Box 246, West Point 30. Lamar R. Plunkett 50 Morris St., Bowdon 31. Albert F. Moore 306 S. College St., Cedartown 32. Edward S. Kendrick Rt. 1, Bells Ferry Rd., Marietta 33. Kyle Yancey Rt. 2, Austell 34. Charlie Brown P. O. Box 30, Atlanta 1 35. Frank E. Coggin International Office Park, Virginia Ave., Suite 301C, Hapeville 36. J. M. (Joe) Salome 344 Kendrick Ave., S.E., Atlanta 37. James P. Wesberry, Jr. 2989 N. Fulton Dr., N.E., Atlanta 5 38. LeRoy R. Johnson 960 Hunter St., S.W., Suite 207, Atlanta 14 39. Oby T. Brewer, Sr. 199 Robin Hood Road, N.E., Atlanta 40. Dan I. MacIntyre, III 919 W. Peachtree St., N.E., Atlanta 9 41. H. (Mac) McKinley Conway, Jr. 2600 Apple Valley Rd., North Atlanta 19 42. Ben F. Johnson Emory University Law School, Atlanta 22 43. W. Hugh McWhorter 1788 Ponce de Leon Ave., N.E., Atlanta 44. S. Tom Ellis McDonough 45. Brooks Pennington, Jr. Crawford St., Madison 46. Paul C. Broun 520 W. Cloverhurst, Athens 47. Robert E. Lee, Jr. P. O. Box 762, Elberton 48. Harold Harrison Bethlehem 49. Erwin Owens Dahlonega 50. Zell Miller Young Harris 51. Jack Fincher 60 Muriel St., Canton 52. J. Battle Hall P. O. Box 1267, Rome 53. Joseph E. Loggins Summerville 54. R. S. Thomas Rt. 5, Dalton

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1963-1964 Representative County Post Office Abney, Billy Shaw Walker P.O. Box 607, LaFayette Acree, Dr. John W. Towns Box 225, Hiawassee Allen, Henry Banks Tift 414 W. 14th St., Tifton Anderson, John H., Jr. Pulaski Anderson Rd., Hawkinsville Andrews, J. A. (Jim) Stephens 108 E. Doyle St., Toccoa Arnsdorff, B. Frank Effingham Springfield Bagby, George Talmadge Paulding RFD #2, Dallas Ballard, W. D. (Donald) (Post #1) Newton Oxford Barber, Mac Jackson Commerce Baughman, Leon Hodges Early Cedar Springs Beck, James E. Twiggs P.O. Box 188, Jeffersonville Bedgood, W. Randall, Jr. Clarke 375 W. View Dr., Athens Bell, John C. Richmond 3407 Kamel Cr., Augusta Black, J. Lucius Webster Preston Blair, William E. Sumter 22 Lauding Ln., Americus Blalock, D. B. Coweta 40 Nimmons St., Newnan Blalock, Edgar Clayton Jonesboro Bolton, Arthur K. Spalding Box 602, Griffin Bowen, A'Delbert (Dell) Randolph 512 Court St., Cuthbert Bowen, Ralph W. Dawson Dawsonville Bowen, Rooney L. Dooly Vienna Bowen, Ross P. Toombs Rt. 1, Lyons Brackin, J. O. Seminole Rt. 1, Iron City Branch, Warren Frank Tift Box 287, Tifton Brantley, Hines L. Candler Metter Brooks, George B. Oglethorpe Crawford Brooks, Wilson Fulton 413 Grant Bldg., Atlanta Brown, M. Parks Hart Box 37, Hartwell Busbee, George D. Dougherty 204 N. Monroe St., Albany Bynum, Knox Rabun Clayton Byrd, J. T. Walton Rt. 3, Loganville Caldwell, Johnnie L. Upson Thomaston Carr, Tom C. Washington Smith St., Sandersville Causby, Troy Gordon Box 610, Calhoun Chandler, Philip M. (Post #2) Baldwin P.O. Box 806, 500 N. Tattnall St. Milledgeville Clark, Joe T. (Seat #1) Catoosa Ringgold Clarke, Harold G. Monroe Forsyth Coker, Grady Newton, M.D. (Post #1) Cherokee Canton Coker, Roy N. Turner Box 184, Sycamore Conger, J. Willis Decatur 940 Pine St., Bainbridge Conner, James L. (Jimmy) Jeff Davis Hazlehurst Cullens, J. R. Bartow P.O. Box 326, 18 S. Erwin St., Cartersville Davis, Truitt Heard Box 153, Franklin Dean, Nathan D. Polk 4009-3rd Ave., Rockmart Deen, H. Dorsey Bacon Rt. 4, Alma Dennard, Joe L. Wilcox Pineview DeVane, Marvin E. Schley Ellaville Dicus, Harry Muscogee Columbus Bank and Trust Co. Bldg., Columbus Dixon, Harry D. (Post #2) Ware 1303 Coral Rd., Waycross Dorminy, A. Brad C., Jr. Ben Hill 701 W. Central Ave., Fitzgerald Duncan, A. C. Fannin Box 356, McCaysville Duncan, J. Ebb Carroll W. Club Dr., Carrollton Echols, Talmage B. Upson P.O. Box 349, Thomaston Etheridge, Jack Fulton 1026 Fulton Federal Bldg., Atlanta Fleming, William M., Jr. Richmond #3 Johnson Bldg., Augusta Flournoy, Robert E., Jr. (Bracket #3) Cobb Blair Bldg., Marietta Floyd, James H. Chattooga 11 Sunset Ln., Trion Flynt, Wales T. Taliaferro Crawfordville Fowler, Alpha A., Jr. Douglas Douglasville Fowler, J. Wyman Treutlen Box 203, Soperton Fulford, Ed Terrell Cinderella Ln., Dawson Funk, Arthur J. Chatham 7 Grimball River Rd., Savannah Gibbons, W. J. Lowndes 1206 Westwood Dr., Valdosta Greene, William B. Bartow 113 Luckie St., Cartersville Griffin, R. A. Cheney Decatur 1001 College St., Bainbridge Groover, Denmark, Jr. Bibb P.O. Box 1353, Macon Hale, Maddox J. Dade Trenton Hall, H. Goodwin Lee Rt. 2, Leesburg Harrell, A. Hewlette Fayette P.O. Box 314, Fayetteville Harrington, J. Floyd (Post #1) Baldwin Milledgeville Harris, J. Robin DeKalb 250 E. Ponce de Leon Ave., Decatur Henderson, Waldo Atkinson RFD 2, Lakeland Herndon, Curtis C. Appling Box 61, Surrency Hill, Render Meriwether Greenville Horton, N. Dudley, Jr. Putnam Eatonton House, Mitchel P., Jr. Bibb 305 Persons Bldg., Macon Houston, Francis Pierce Blackshear Hudgins, Floyd Chattachoochee Cusseta, P.O. Box 93 Hull, James M., Jr. Richmond Southern Finance Bldg., Augusta Hurst, Joe J. Quitman Georgetown Isenberg, Joe Glynn 4226-9th St., St. Simon Island Johnson, Dr. A. S., Sr. Elbert 302 Heard St., Elberton Johnson, Bobby W. Warren P.O. Box 122, Warrenton Jones, Charles M. Liberty 206 E. Court St., Hinesville Jones, David Campbell Worth P.O. Box 90, Sylvester Jones, Fred C., Jr. Lumpkin Dahlonega Jones, Milton Muscogee 3438 Sue Mack Dr., Columbus Jordan, J. E. (Red) (Post #2) Floyd #1 Forest Lane, Rome Jordan, W. Harvey Calhoun Leary Keadle, Haygood Lamar 414 Spencer St., Barnesville Kelly, Roy R. Jasper Monticello Keyton, James W. Thomas 137 Woodland Dr., Thomasville Killian, William R. Glynn 1221 Pine Ave., Brunswick Kirkland, H. E. Tattnall Rt. 1, Box 2, Glennville Knight, D. W. (Bill), Jr. Laurens Dexter Knight, W. D. (Jack) Berrien P.O. Box 647, Nashville Laite, William E., Jr. Bibb 2948 Crestline Dr., Macon Lambert, E. Roy Morgan 104 Washington St., Madison Lane, W. Jones Bulloch Statesboro Lee, Grover B. Clinch DuPont Lee, Wm. J. (Bill) Clayton RFD #1, Forest Park Lee, William S. (Billy) Dougherty 1215 Baker Ave., Albany Leonard, Gerald H. Murray Box 291, Chatsworth Lewis, E. Brooks Wilkinson P.O. Box 296, Gordon Lindsey, William R. Wilkes P. O. Box 337, Washington Logan, B. C., Sr. Gilmer Ellijay Lokey, Leonard N. McDuffie P.O. Box 167, 902 Church St., Thomson Lowrey, Sidney (Post #1) Floyd Rt. 7, Rome Mackay, James A. DeKalb 608-10 Decatur Federal Bldg., Decatur Matthews, Chappelle Clarke 116 Shackelford Bldg., Athens Matthews, Dorsey R. Colquitt Moultrie McClelland, Ralph Fulton 1303 1st Nat. Bank Bldg., Atlanta McCracken, J. Roy Jefferson Avera McDonald, Thomas James, Jr. White P.O. Box 204, Cleveland McKemie, Henry G. Clay Coleman Meeks, William T. Union P.O. Box 96, Blairsville Melton, Quimby, Jr. Spalding Rt. 3, Box 411, Griffin Milford, C. Patrick Franklin Carnesville Milhollin, Henry R. (Post #2) Coffee Rt. 2, Douglas Mitchell, Thomas M. (Seat #1) Whitfield 1500 Underwood St., Dalton Mixon, Harry Irwin 1st State Bank Bldg., Ocilla Moate, Marvin E. Hancock 608 Rabun, Sparta Moore, John Harvey Polk 503 N. Cave Spring St., Cedartown Morgan, Handsel Gwinnett Buford Morgan, Jack H. (Post #2) Newton Rt. 4, Covington Mullis, J. R. (Jim) (Deceased 5-21-64) Bleckley 204 Cherry St., Cochran Murphy, Thomas B. Haralson 114 Sharp St., Bremen Nessmith, Paul E., Sr. Bulloch Rt. 4, Statesboro Newton, A. Sid Jenkins RFD #4, Millen Newton, David L. Colquitt Rt. 2, Norman Park Odom, Colquitt H. Dougherty 706 - 3rd Ave., Albany Overby, Howard T. (Seat #2) Hall 1173 Riverside Dr., Gainesville Pafford, Robert C. Lanier Box 413, Lakeland Paris, James W. Barrow 306 W. Wright St., Winder Parker, H. Walstein Screven Sylvania Partridge, Henry F. Lincoln Rt. 2, Box 20, Lincolnton Payton, Henry N. Coweta P.O. Box 554, Newnan Perry, Eldridge W. Marion Buena Vista Peterson, David C. Houston Kathleen Phillips, G. S. Columbia Harlem Pickard, Mac Muscogee Box 1657, 1701 Crest Drive, Columbus Ponsell, W. K. (Post #1) Ware Rt. 1, Waycross Poole, Will Pickens Jasper Pope, Marion T., Jr. (Post #2) Cherokee P.O. Box 589, Canton Poss, Edwin C. Madison Rt. 1, Hull Rainey, Howard Crisp 201 - 8th St., S. Cordele Raulerson, Louis T. Echols Haylow Reaves, Henry L. Brooks Rt. 2, Quitman Rhodes, J. R. (Jimmy), Jr. Baker Newton Richardson, Willis J. (Dick), Jr. Chatham P.O. Box 2194, 31 W. Congress St., Savannah Roberts, Corbin Carlton Jones Gray Rodgers, H. Ben Charlton Folkston Rogers, Jimmie Long Ludowici Roper, Allen P. Greene Greensboro Rowland, Emory L. Johnson Wrightsville Russell, Henry P., Jr. Thomas Rt. 1, Boston Rutland, Guy W., Jr. DeKalb P.O. Box 187, Decatur Scarborough, John C., Jr. Crawford Roberta Sewell, J. W. Sumter Plains Shea, Bart E. Chatham 920 Realty Bldg., Savannah Shuman, Jack W. Bryan Box 158, Pembroke Simmons, J. Grover Banks Rt. 1, Baldwin Simpson, Mackie Wheeler Glenwood Sinclair, J. Paul Macon Montezuma Singer, Sam S. Stewart Lumpkin Smith, A. C. Forsyth Rt. 3, Cumming Smith, Charles C. Camden 310 Wheeler St., St. Marys Smith, E. B., Jr. Telfair McRae Smith, Geo. L., II Emanuel Swainsboro Smith, George T. Grady P.O. Box 156, Cairo Smith, Richard Russell Habersham P.O. Box 33, Clarkesville Smith, Virgil T. (Seat #2) Whitfield Cochran Dr., Dalton Snow, Wayne, Jr. Walker Rt. 2, Chickamauga Spikes, Harry R. Troup 110 College Ave., LaGrange Stalnaker, Paul Houston 112 Pattie Dr., Warner Robins Steis, William Burton Harris Hamilton Story, Earl P. Gwinnett Lawrenceville Strickland, Ernest W. Evans Claxton P.O. Box 416, Stuckey, W. S. Dodge Box 301, Eastman Tabb, Buck Miller 122 Main St., Colquitt Teague, E. W. (Bill) (Bracket #1) Cobb 1000 Bouldercrest Dr., Marietta Todd, W. G. Glascock Gibson Towson, William Malcolm Laurens P.O. Box 685, Morris Office Bldg., Dublin Tucker, Joe B. (Seat #2) Catoosa Ringgold Tucker, Memory King Burke Box 54, Waynesboro Tucker, Ray M. Henry McDonough Twitty, Frank S. Mitchell Camilla Underwood, Joe C. Montgomery Mt. Vernon Underwood, Ralph R. Taylor P.O. Box 279, Butler Vaughn, Clarence R., Jr. Rockdale Conyers Walker, Fred H. Lowndes 2117 Jerry Jones Drive, Valdosta Ware, J. Crawford Troup 2 S. Highway, Hogansville Warren, James E. Wayne Rt. 3, Box 296, Jesup Watson, Caleb Powers Pike P.O. Box 485, Molena Watts, Jesse C. Talbot Talbotton Wells, D. Warner Peach Fort Valley Wells, Hubert H. Oconee Watkinsville White, Daniel H. McIntosh P.O. Box 475, Darien Wiggins, William S. Carroll 202 Tanner St., Carrollton Wilkes, Wilson B. Cook 105 Bearcreek Rd., Adel Williams, George J. (Post #1) Coffee Rt., Box 134, Axson Williams, W. M. (Bill) (Seat #1) Hall 630 Brenau Ln., Gainesville Wilson, Hoke S. Brantley Nahunta Wilson, Joe Mack (Bracket #2) Cobb 306 Northcutt St., Marietta Woodward, Bailey Butts Box 11, Jackson

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1963-1964 County Representative Post Office Appling Curtis C. Herndon Box 61, Surrency Atkinson Waldo Henderson RFD 2, Lakeland Bacon H. Dorsey Deen Rt. 4, Alma Baker J. R. (Jimmy) Rhodes, Jr. Newton Baldwin J. Floyd Harrington (Post #1) Milledgeville Philip M. Chandler (Post #2) P.O. Box 806, 500 N. Tattnall St., Milledgeville Banks J. Grover Simmons Rt. 1, Baldwin Barrow James W. Paris 306 W. Wright St., Winder Bartow J. R. Cullens P.O. Box 326, 18 S. Erwin St., Cartersville William B. Greene 113 Luckie St., Cartersville Ben Hill A. Brad C. Dorminy, Jr. 701 W. Central Ave., Fitzgerald Berrien W. D. (Jack) Knight P.O. Box 647, Nashville Bibb Denmark Groover, Jr. P.O. Box 1353, Macon Mitchel P. House, Jr. Suite 305, Persons Bldg., Macon William E. Laite, Jr. 2948 Crestline Dr., Macon Bleckley J. R. (Jim) Mullis (Deceased 5-21-64) 204 Cherry St., Cochran Brantley Hoke S. Wilson Nahunta Brooks Henry L. Reaves Rt. 2, Quitman Bryan Jack W. Shuman Box 158, Pembroke Bulloch W. Jones Lane Statesboro Paul E. Nessmith, Sr. Rt. 4, Statesboro Burke Memory King Tucker Box 54, Waynesboro Butts Bailey Woodward Box 11, Jackson Calhoun W. Harvey Jordan Leary Camden Charles C. Smith 310 Wheeler St., St. Marys Candler Hines L. Brantley Metter Carroll J. Ebb Duncan W. Club Dr., Carrollton Wm. J. Wiggins 202 Tanner St., Carrollton Catoosa Joe T. Clark (Seat #1) Ringgold Joe B. Tucker (Seat #2) Ringgold Charlton H. Ben Rodgers Folkston Chatham Arthur J. Funk 7 Grimball River Rd., Savannah Willis J. (Dick) Richardson, Jr. P.O. Box 2194, 31 W. Congress St., Savannah Bart E. Shea 920 Realty Bldg., Savannah Chattahoochee Floyd Hudgins Cusseta, P.O. Box 93 Chattooga James H. Floyd 11 Sunset Ln., Trion Cherokee Grady Newton Coker, M.D. (Post #1) Canton Marion T. Pope, Jr. (Post #2) P.O. Box 589, Canton Clarke W. Randall Bedgood, Jr. 375 W. View Dr., Athens Chappelle Matthews 116 Shackelford Bldg., Athens Clay Henry G. McKemie Coleman Clayton Edgar Blalock Jonesboro Wm. J. (Bill) Lee RFD #1, Forest Park Clinch Grover B. Lee DuPont Cobb E. W. (Bill) Teague (Bracket #1) 1000 Bouldercrest Dr., Marietta Joe Mack Wilson (Bracket #2) 306 Northcutt St., Marietta Robert E. Flournoy, Jr. (Bracket #3) Blair Bldg., Marietta Coffee George J. Williams (Post #1) Rt., Box 134, Axson Henry R. Milhollin (Post #2) Rt. 2, Douglas Colquitt Dorsey R. Matthews Moultrie David L. Newton Rt. 2, Norman Park Columbia G. S. Phillips Harlem Cook Wilson B. Wilkes 105 Bearcreek Rd., Adel Coweta Henry N. Payton P.O. Box 554, Newnan D. B. Blalock 40 Nimmons St., Newnan Crawford John C. Scarborough, Jr. Roberta Crisp Howard Rainey 201-8th St., South, Cordele Dade Maddox J. Hale Trenton Dawson Ralph W. Bowen Dawsonville Decatur J. Willis Conger 940 Pine St., Bainbridge R. A. Cheney Griffin 1001 College St., Bainbridge DeKalb James A. Mackay 608-10 Decatur Fed. Bldg., Decatur Guy W. Rutland, Jr. P.O. Box 187, Decatur J. Robin Harris 250 E. Ponce de Leon Ave., Decatur Dodge W. S. Stuckey Box 301, Eastman Dooly Rooney L. Bowen Vienna Dougherty George D. Busbee 204 N. Monroe St., Albany Colquitt H. Odom 706 - 3rd Ave., Albany William S. (Billy) Lee 1215 Baker Ave., Albany Douglas Alpha A. Fowler, Jr. Douglasville Early Leon Hodges Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham B. Frank Arnsdorff Springfield Elbert Dr. A. S. Johnson, Sr. 302 Heard St., Elberton Emanuel Geo. L. Smith II Swainsboro Evans Ernest W. Strickland P.O. Box 416, Claxton Fannin A. C. Duncan Box 356, McCaysville Fayette A. Hewlette Harrell P.O. Box 314, Fayetteville Floyd Sidney Lowrey (Post #1) Rt. 7, Rome J. E. (Red) Jordan (Post #2) #1 Forest Ln., Rome Forsyth A. C. Smith Rt. 3, Cumming Franklin C. Patrick Milford Carnesville Fulton Wilson Brooks 413 Grant Bldg., Atlanta Jack Etheridge 1026 Fulton Federal Bldg., Atlanta Ralph McClelland 1303 1st Nat. Bank Bldg., Atlanta Gilmer B. C. Logan, Sr. Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian 1221 Pine Ave., Brunswick Joe Isenberg 4226 - 9th St., St. Simon Island Gordon Troy Causby Box 610, Calhoun Grady George T. Smith P.O. Box 156, Cairo Greene Allen P. Roper Greensboro Gwinnett Handsel Morgan Buford Earl P. Story Lawrenceville Habersham Richard Russell Smith P.O. Box 33, Clarkesville Hall W. M. (Bill) Williams (Seat #1) 630 Brenau Ln., Gainesville Howard T. Overby (Seat #2) 1173 Riverside Dr., Gainesville Hancock Marvin E. Moate 608 Rabun, Sparta Haralson Thomas B. Murphy 114 Sharp St., Bremen Harris William Burton Steis Hamilton Hart M. Parks Brown Box 307, Hartwell Heard Truitt Davis Box 153, Franklin Henry Ray M. Tucker McDonough Houston David C. Peterson Kathleen Paul Stalnaker 112 Pattie Dr., Warner Robins Irwin Harry Mixon 1st State Bank Bldg., Ocilla Jackson Mac Barber Commerce Jasper Roy R. Kelly Monticello Jeff Davis James L. (Jimmy) Conner Hazlehurst Jefferson J. Roy McCracken Avera Jenkins A. Sid Newton RFD #4, Millen Johnson Emory L. Rowland Wrightsville Jones Corbin Carlton Roberts Gray Lamar Haygood Keadle 414 Spencer St., Barnesville Lanier Robert C. Pafford Box 413, Lakeland Laurens D. W. (Bill) Knight, Jr. Dexter William Malcolm Towson Morris Office Bldg, P.O. Box 685, Dublin Lee H. Goodwin Hall Rt. 2, Leesburg Liberty Charles M. Jones 206 E. Court St., Hinesville Lincoln Henry F. Partridge Rt. 2, Box 20, Lincolnton Long Jimmie Rogers Ludowici Lowndes W. J. Gibbons 1206 Westwood Dr., Valdosta Fred H. Walker 2117 Jerry Jones Dr., Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon J. Paul Sinclair Montezuma Madison Edwin C. Poss Rt. 1, Hull Marion Eldridge W. Perry Buena Vista McDuffie Leonard N. Lokey P.O. Box 167, 902 Church St., Thomson McIntosh Daniel H. White P.O. Box 475, Darien Meriwether Render Hill Greenville Miller Buck Tabb 122 Main St., Colquitt Mitchell Frank S. Twitty Camilla Monroe Harold G. Clarke Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan E. Roy Lambert 104 Washington St., Madison Murray Gerald H. Leonard Box 291, Chatsworth Muscogee Harry Dicus Columbus Bank Tr. Co. Bldg., Columbus Milton Jones 3438 Sue Mack Dr., Columbus Mac Pickard Box 1657, 1701 Crest Dr., Columbus Newton W. D. (Donald) Ballard (Post #1) Oxford Jack H. Morgan (Post #2) Rt. 4, Covington Oconee Hubert H. Wells Watkinsville Oglethorpe George B. Brooks Crawford Paulding George Talmadge Bagby RFD #2, Dallas Peach D. Warner Wells Fort Valley Pickens Will Poole Jasper Pierce Francis Houston Blackshear Pike Caleb Powers Watson Box 485, Molena Polk Nathan D. Dean 4009 - 3rd Ave., Rockmart John Harvey Moore 503 N. Cave Spring St., Cedartown Pulaski John H. Anderson, Jr. Anderson Rd., Hawkinsville Putnam N. Dudley Horton, Jr. Eatonton Quitman Joe J. Hurst Georgetown Rabun Knox Bynum Clayton Randolph A'Delbert (Dell) Bowen 512 Court St., Cuthbert Richmond William M. Fleming, Jr. # 3 Johnson Bldg., Augusta James M. Hull, Jr. Southern Finance Bldg., Augusta John C. Bell 3407 Kamel Cir., Augusta Rockdale Clarence R. Vaughn, Jr. Conyers Schley Marvin E. DeVane Ellaville Screven H. Walstein Parker Sylvania Seminole J. O. Brackin Rt. 1, Iron City Spalding Arthur K. Bolton Box 602, Griffin Quimby Melton, Jr. Rt. 3, Box 411, Griffin Stephens J. A. (Jim) Andrews 108 E. Doyle St., Toccoa Stewart Sam S. Singer Lumpkin Sumter William E. Blair 22 Laudig Lane, Americus J. W. Sewell Plains Talbot Jesse C. Watts Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall H. E. Kirkland Rt. 1, Box 2, Glennville Taylor Ralph R. Underwood P.O. Box 279, Butler Telfair E. B. Smith, Jr. McRae Terrell Ed Fulford Cinderella Lane, Dawson Thomas James W. Keyton 137 Woodland Dr., Thomasville Henry P. Russell, Jr. Rt. 1, Boston Tift Henry Banks Allen 414 W. 14th St., Tifton Warren Frank Branch Box 287, Tifton Toombs Ross P. Bowen Rt. 1, Lyons Towns Dr. John W. Acree Box 225, Hiawassee Treutlen J. Wyman Fowler Box 203, Soperton Troup Harry R. Spikes 110 College Ave., LaGrange J. Crawford Ware 2 S. Highway Hogansville Turner Roy N. Coker Box 184, Sycamore Twiggs James E. Beck P.O. Box 188, Jeffersonville Union William T. Meeks P.O. Box 96, Blairsville Upson Johnnie L. Caldwell Thomaston Talmage B. Echols P.O. Box 349, Thomaston Walker Billy Shaw Abney P.O. Box 607, LaFayette Wayne Snow, Jr. Rt. 2, Chickamauga Walton J. T. Byrd Rt. 3, Loganville Ware W. K. Ponsell (Post #1) Rt. 1, Waycross Harry D. Dixon (Post #2) 1303 Coral Rd., Waycross Warren Bobby W. Johnson P.O. Box 122, Warrenton Washington Tom C. Carr Smith St., Sandersville Wayne James E. Warren Rt. 3, Box 296, Jesup Webster J. Lucius Black Preston Wheeler Mackie Simpson Glenwood White Thomas James McDonald, Jr. P.O. Box 204, Cleveland Whitfield Thomas M. Mitchell (Seat #1) 1500 Underwood St., Dalton Virgil T. Smith (Seat #2) Cochran Dr., Dalton Wilcox Joe L. Dennard Pineview Wilkes William R. Lindsey P.O. Box 337, Washington Wilkinson E. Brooks Lewis P.O. Box 296, Gordon Worth David Campbell Jones P.O. Box 90, Sylvester

Page 2425

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1963 AS OF APRIL, 1964 Georgia Laws Referendums Proposed Status Unknown Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 4 17 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 46 3 1 42 1959 35 1 34 1960 47 3 44 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 TOTAL 347 18 15 314

Page 2426

REFERENDUM ELECTIONS1953-1963 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For 4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For 1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

Page 2427

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For 1833 Agn 648 Cherokee 2668 Certain county officers on salary basis 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2- 6-54 For 1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For 1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For 154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County 9- 8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 Tax Millage 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 2428

Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 * * Special election held May 31, 1955 and 2 additional members elected. For1079 Agn 716 Clarke 3057 Merger city and county school systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton and Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 2430

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 Judge, City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultrie Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 DeKalb 3237 Commission Chairman 5-16-56 For:(a)4,743 (1 of 2) For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the indiv dual referendum elections.

Page 2432

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For 7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area For 365; Agn 400 Thomas 3159 Certain county officers on salary basis 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41; Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 2433

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For 1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For 617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 2435

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11-4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5-7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5-7-58 For 223 Agn 37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park Status unknown Clayton and Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton and Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn 1 Affected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2-City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Fulton 2721 City of College Park 6-3-58 For 738 Agn 340 Fulton and Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton and Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton and Clayton 3212 City of East Point 7-16-58 For 63 Agn 28 Gordon 2131 City of Calboun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 Gainesville City Commission 4- 1-58 For 925 Agn 169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11 458 For222 Agn235 Putnam 2980 City of Eatonton 61158 For 42 Agn257 Tift 2697 City of Tifton 5 758 For669 Agn 43 Tift 2696 City of Tifton 43058 For333 Agn286 Tift 2930 City of Tifton Commissioners 52858 For338 Agn338 Ware 2763 City of Manor 51758 For 19 Agn100 Wilkes 2091 County Commissioners 11 458 For749 Agn 98 White 3224 County Commissioners Not held This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 2439

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 42959 For 79 Agn154 Bartow 2793 City of Cartersville 42959 For 3 Agn 21 Bartow 2797 City of Adairsville 51259 For 77 Agn120 Bartow 2907 City of White (Sec. 2) 51659 For 7 Agn 36 Bartow 2907 City of White 51659 For 27 Agn 45 Bartow 2920 City of Kinston 51659 For 49 Agn 2 Catoosa 2161 County Commissioners 32859 For 718 Agn2430 Chattooga 2809 City of Summerville 52359 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4 459 For 1522 Agn 509 Clayton Fulton 2499 City of College Park 51859 For 14 Agn 38 Clayton Fulton 2508 City of College Park 51859 For 0 Agn 0 Clayton Fulton 2516 City of College Park 51859 For 5 Agn 0 Clayton Fulton 2521 City of College Park 51859 For 3 Agn 0 Cobb 3142 City of AustellParcel #2 81859 For 7 Agn 8 Cobb 3142 City of AustellParcel #3 8 459 For 2 Agn 11 Cobb 3142 City of AustellParcel #1 82559 For 5 Agn 49 Colquitt 2397 TaxationCity of Norman Park 52559 For 50 Agn 81 Dougherty 2091 County Commissioners 41260 For 755 Agn 417 Dougherty 3064 City of Albany 6 859 For 1413 Agn 710 Douglas 2871 City of Lithia Springs 4 859 For 241 Agn 569 Douglas 3142 City of AustellParcel #4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For 14 Agn 15 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For 1041 Agn 203 Elbert 2624 Certain County officers on salary basis 4- 8-59 For 1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 County officials on salary system 6-30-59 For 502 Agn 75 Meriwether and Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 2442

Georgia Laws 1959: County Page No. SUBJECT Date of Election Result Polk 2732 Certain County officers on a salary basis 31660 For4388 Agn1624 Toombs 2010 County Commissioners 4859 For1510 Agn827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 31759 For810 Agn1629 Georgia Laws 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 91460 For1197 Agn767 Berrien 3301 City of Nashville 11860 For466; Agn418 Bibb 3223 Macon Bibb County incorporated 6160 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For37; Agn55 Chatham 2273 Town of Thunderbolt 11761 For151 Agn283 Chattooga 2715 Town of Trion 5560 For53 Agn25 Clarke 2234 City of Athens 41360 For270 Agn522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 43060 For320; Agn146 Douglas and Cobb 2118 City of Austell 32660 For27 Agn38 Dodge 2608 Town of Rhine 42760 For146 Agn4 DeKalb 3158 City of Decatur 12760 Status unknown Emanuel 2360 County Commissioners 11860 For877 Agn2080 Evans 2251 City of Claxton 5560 Proposed Area: For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3960 For2296 Agn1038 Fulton and Clayton 2849 City of College Park 51460 For6 Agn0 Fulton and Clayton 2854 City of College Park 51660 For21 Agn15 Greene 3089 Tax Commissioner 42860 For801 Agn823 Greene 3093 Certain County officers on salary basis 42860 For822 Agn835 Henry 3297 City of McDonough 51860 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11860 For4057 Agn959 Jefferson 2913 Town of Avera Status unknown Lamar 2294 Certain County officers on salary basis 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For 1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For[Illegible Text] Agn 15 Mitchell County For[Illegible Text] Agn 1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Status unknown Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County officers on salary basis 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Void 1 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Void 3 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Void2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For886; Agn759 Zone No. 2: For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Void1 Forsyth 2252 City of Cumming 4-1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5-3-61 For 614 Agn 322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 Abolish office Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County officers compensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10-4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Void6 Troup 2650 City of West Point 4-26-61 For 143 Agn 224 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11- 6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12 562 Inside City For385; Agn108 Outside City For 58; Agn237 Laurens 2528 Town of Dudley 32862 For 29 Agn 4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 32862 For 234 Agn 66 Meriwether 2396 City of Manchester 32862 For 251 Agn 47 Meriwether 2422 City of Manchester 32862 For 224 Agn 67 Meriwether 2603 City of Manchester 32862 For 231 Agn 76 Meriwether 2613 City of Manchester 32862 For 227 Agn 57 Mitchell 2158 City of Camilla 42462 For 15 Agn 0 Murray 2576 City of Chatsworth 62362 For 143 Agn 183 Muscogee County Muscogee 2164 Columbus-Muscogee Board of Commissionerscreation of 41162 For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 42562 For 550 Agn 167 Oglethorpe 3202 City Court of Lexingtonabolish 11662 For 392 Agn 180 Putnam 2440 Certain county officers, compensation 11 662 For 626 Agn 129 Putnam 3048 Office of Tax Commissionercreated 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Status Unknown Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed areas For 13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 Clerical help in office of the County Commissionercompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical helpcompensation 4-10-63 For 511 Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, equipment and uniforms 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissionercreation of office 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissionerscreation of 1- 8-64 For 2123 Agn4100 Colquitt 2203 City of Moultrie Status Unknown DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For 1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For 243 Agn 44 Outside City: For 81 Agn 41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For 1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For 1127 Agn 776 Irwin 2602 Tax Commissionercreation of office 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce No Action Taken Meriwether 2332 City of Warm Springs No Action Taken Muscogee 2731 City of Columbus 6- 5-63 For 3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissionercreation of office 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Void 6 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 One member Board County Commissioner 4-24-63 For 249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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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